House of Commons - Environment, Food and Rural Affairs

Select Committee on Environment, Food and Rural Affairs Minutes of Evidence

Memorandum submitted by the Department for Environment, Food and Rural Affairs

INTRODUCTION

1. This memorandum describes the progress that the Government has made in promoting the conservation and sustainable development of the marine environment. It demonstrates that good progress has been made and that a considerable amount of work is in hand to better protect and manage the seas.

2. A large number of human activities take place in the UK's marine and coastal environment. They include fishing, aquaculture, shipping, tourism/leisure activities, offshore oil and gas extraction, aggregate extraction and the development of offshore wind energy. In addition to the economic and social value of the seas, the UK's seas are rich in biodiversity.

3. There are therefore a wide range of policy issues involved. This memorandum can only give a general overview and specific information on some developments—it is not comprehensive. Defra can provide more detailed evidence on any aspects if the Committee would find it helpful. The Government's first Marine Stewardship Report[1], Safeguarding our Seas, provides a comprehensive overview.

4. Much of the work undertaken to protect the oceans is international. The UK is a Contracting Party to the OSPAR Convention for the Protection of the Marine Environment of the North East Atlantic and co-operates with other Contracting Parties to develop agreed programmes and measures. The strategies adopted by OSPAR are therefore as much a part of the Government's programme for protecting the marine environment as the domestic measures it is pursuing.

5. The various OSPAR strategies, first agreed in 1998, set objectives which in some cases will take a generation to achieve—in practice defined as 2020. Other strategies aim to achieve their goals by 2010. Contracting Parties have made considerable progress in implementing the strategies, but more remains to be done. More recently, the European Union has begun to draw up a European Marine Thematic Strategy.

UK POLICY OBJECTIVES

6. Three of Defra's objectives are relevant to the marine environment:

— Objective 1: To protect and improve the rural, urban, marine and global environment, and lead integration of these with other policies across Government and internationally;

— Objective 5: To promote sustainable management and prudent use of natural resources domestically and internationally; and

— Objective 6: To protect the public's interest in relation to environmental impacts and health, and ensure high standards of animal health and welfare.

7. A number of other government departments have a strong interest in the marine environment, notably the Department of Trade and Industry (in developing offshore oil and gas and offshore wind energy), the Department for Transport (sustainable shipping and ports), the Office of the Deputy Prime Minister (aggregate extraction) and the Ministry of Defence. Some policy areas are also the responsibility of the devolved administrations.

8. The Government's policy framework for managing and protecting the marine environment was set out in the first Marine Stewardship Report. The report covers the broad spectrum of policies and human activities that affect the marine and coastal environment. It defined the Government's vision of clean, healthy, safe, productive and biologically diverse oceans and seas. As well as describing past achievements and progress made, it contained a package of initiatives and a timetable for delivery.

9. The Government has put an ecosystem approach at the heart of its strategy to manage human activities in the marine and coastal environment. This represents a more strategic way of thinking and seeks to integrate marine conservation objectives with sustainable social and economic goals. It puts the emphasis on maintaining the health of marine ecosystems alongside appropriate human uses of the sea, for the benefit of current and future generations. Supporting this are the polluter pays principle, the precautionary principle and the identification and use of best available techniques and best environmental practice.

10. Adopting an ecosystem approach requires the provision of, and working within, a set of clear environmental objectives; greater use of environmental and socio-economic assessments; more strategic management of human activities that take place in the marine and coastal environment; taking policy decisions and management actions that take account of biological diversity and deliver sustainable development; making best use of scientific knowledge in policy-making; developing more focused research and monitoring and full stakeholder involvement.

11. A follow-up consultation paper, Seas of Change, was published in November 2002[2]. This invited stakeholders' views on the practical application of the ecosystem approach, a set of strategic goals for the marine environment, future stakeholder engagement and the scope and content of future Marine Stewardship Reports. The deadline for responses was 28 February 2003. The Government will publish its response to this consultation exercise later this year.

EVIDENCE ON THE STATE OF THE MARINE ENVIRONMENT

12. The use of robust science and monitoring is an important element of the ecosystem approach. Government agencies such as the Centre for Environment Fisheries and Aquaculture Science (CEFAS), the Environment Agency, English Nature and the Joint Nature Conservation Committee (JNCC) carry out extensive research and monitoring to aid development of management strategies and policy decisions.

13. In 2000, the OSPAR Commission published its quality status assessment of the OSPAR maritime area. This comprised a holistic Quality Status Report[3] (QSR) for the whole of the North East Atlantic together with more detailed QSRs for each of the five sea areas which form the OSPAR maritime area. The QSR was compiled from scientific evidence submitted by OSPAR Contracting Parties. It provides a comprehensive, agreed statement about the environmental status of the North East Atlantic, the impact of human activities and the main threats requiring action.

14. It found that there have been significant reductions in the inputs of those substances which may pose a threat to the marine environment as a result of actions taken to control or phase out such substances. For example, the QSR found that there has been a substantial reduction in the inputs of heavy metals to the marine environment. Inputs of the most hazardous chemicals into the North Sea—mercury, cadmium and lead—were reduced by 70% since 1985.

15. Despite the good progress made in many areas, the QSR reported that the marine environment was still under threat. It identified the reduction of the impact of fisheries and hazardous substances as the most important issues facing the North East Atlantic, together with the possible effects of climate change. A further QSR is planned for 2010. In addition, the Government will be preparing a "State Of The Seas" report, planned for late 2004, to review the condition of the seas around the UK.

PAST ACHIEVEMENTS AND PROGRESS

Domestic marine protection

16. The Wildlife and Countryside Act 1981 provides the domestic legislative framework for marine conservation. The Act also provides for the transposition of the EC Wild Birds Directive[4] by protecting all species of wild birds from intentional killing, injury or taking of birds or their eggs. It also protects certain species of animals, including whales, dolphins, porpoises and basking sharks from intentional killing, taking or injuring and, for certain species, protection against disturbance. In addition, it provides for the establishment of Marine Nature Reserves and marine Sites of Special Scientific Interest.

17. The Natural Habitats and Wild Fauna and Flora Directive[5] (the "Habitats Directive") is transposed principally through the Conservation (Natural Habitats etc) Regulations 1994 and the Conservation (Natural habitats etc) Regulations (Northern Ireland) 1995. The scope of these regulations extends to the limit of UK territorial waters (ie out to 12 nautical miles). The Habitats Regulations provide for the protection of a number of marine species (including cetaceans) and habitats (including reefs and sandbanks).

18. The Birds and Habitats Directives provide for the designation of Special Protection Areas (SPAs) and Special Areas of Conservation (SACs) to protect listed species and habitats from damage, destruction or exploitation. To date, 71 marine SPAs have been designated under the Birds Directive and 62 candidate SACs designated under the Habitats Directive. Together with terrestrial sites these form a network called Natura 2000.

19. The Government published its Bycatch Response Strategy in March 2003. This recognised that the incidental capture of small cetaceans during fishing activities is one of the most significant threat to their conservation and could threaten their populations[6]. Key recommendations include the compulsory use of acoustic devices on certain set net fisheries, the need for an effective bycatch observer scheme, consideration to an accreditation scheme for fisheries adopting cetacean-friendly fishing methods, continued research into mitigation methods in pelagic fisheries and further work on population levels.

20. The UK Biodiversity Action Plan (UK BAP) establishes a framework for the conservation of species and habitats as well as the integration of biodiversity into policy development. There are currently some 40 individual and grouped action plans for priority marine and coastal habitats and species, including mammals, reptiles and fish. Each action plans sets objectives and targets for conservation and enhancement. The latest report on progress on the UK BAP was published on-line on 21 May 2003[7]. This shows mixed results with some marine species and habitats showing progress on target but more plans lacking data to assess progress.

21. The Government has undertaken a Review of Non-native Species Policy to evaluate the current statutory and non-statutory procedures for dealing with the introduction and establishment of non-native species and to identify examples of best practice at home and abroad. The Review was published in March 2003. A consultation exercise on the practicalities of implementing the recommendations contained in this report is currently being prepared.

EU action

22. EC Directives, Recommendations and other pieces of European legislation have played, and will continue to play, an important role in improving the UK's marine and coastal environment. The Birds and Habitats Directives have been summarised in paragraphs 16 to 18 and are discussed further in paragraphs 50 to 59.

23. Water quality has improved significantly through the implementation of a number of EC Directives. Together with higher standards of beach management, this has resulted in UK beaches receiving 105 Blue Flags and 332 Seaside Awards in 2003—up from 41 and 260 respectively in 1999. Since the early 1990s, £2 billion has been invested to improve bathing water quality and good progress is being made on the £600 million programme for further investment by 2005.

24. The Water Framework Directive[8] sets out a framework for protecting waters, including coastal waters, with the aim of achieving demanding water quality targets by 2015. The Bathing Water Directive[9] sets mandatory water quality standards as well as more stringent guideline levels that Member States must endeavour to meet. In 2002, 98% of UK coastal bathing waters sampled passed the mandatory coliform bacteria standards and 75% achieved the guideline standards. In addition, the number of waters designated under the Shellfish Waters Directive[10], which aims to protect and improve the quality of waters in which shellfish grow, increased from 29 in 1997 to 236 in 2002.

25. The Urban Waste Water Treatment Directive[11] sets standards and deadlines for the treatment of sewage according to the population served by sewage treatment works and the sensitivity of the receiving waters to adverse effects from their discharges. By the end of 2002, 98% of discharges from sewage treatment works serving populations over 15,000 people received primary and secondary treatment before entering receiving waters.

26. Under the Nitrates Directive[12], action plans to control the agricultural sources of nitrates are required in catchment areas draining to marine areas found to be eutrophic. This should reduce the levels of nitrogen and any associated eutrophic effects in the marine environment.

27. The EU is developing a comprehensive new chemicals policy which will, inter alia, tackle the threats that hazardous substances pose to the marine environment. The Integrated Pollution Prevention Control (IPPC) Directive[13] requires all major industries to apply best available techniques to limit discharges and emissions of hazardous substances into the environment. National regulations have been adopted to implement the provisions of this Directive. In addition, certain priority substances will be subject to cessation or phasing out within 20 years under the Water Framework Directive.

28. The UK is one of the EU Member States which has implemented the Port Waste Reception Facilities Directive[14] to protect the marine environment by removing incentives to discharge waste from ships into the sea. In addition, the UK is currently implementing the Integrated Coastal Zone Management (ICZM) Recommendation. Defra sponsored a conference last November to launch the process—over 200 delegates from across the UK and Europe attended. A stocktake is now underway to analyse the laws, institutions and stakeholders that influence planning and management of the coastal zone ahead of developing national coastal strategies for ICZM by 2006.

29. The UK also played a lead role in reforming the Common Fisheries Policy (CFP) to develop a framework more attuned to avoiding stock depletion and responding to it when it arises, as well as to reflect the needs of the fishing industry and enable fisheries to work in balance with the environment. At the 2002 December Council, a wide range of reforms were agreed covering the conservation of and access to resources, control and enforcement, curbs on fleet capacity, international fisheries, aquaculture, socio-economic impacts of the CFP, and stakeholder participation in decision-making.

OSPAR action

30. The 1992 Convention for the Protection of the Marine Environment of the North East Atlantic (the OSPAR Convention) entered into force on 25 March 1998. This consolidated the work of the former Oslo and Paris Conventions. Annex V to the OSPAR Convention came into force on 30 August 2000. This requires Contracting Parties to implement measures required to protect and conserve marine ecosystems and biodiversity. It also provides for the adoption of programmes and measures to assist in managing human activities that can have an adverse impact on the marine environment.

31. At the OSPAR Ministerial Meeting in 1998, a suite of strategies were agreed to guide future work of OSPAR[15]. These covered hazardous substances, eutrophication, radioactive substances, biodiversity, and assessment and monitoring. A strategy for offshore oil and gas was agreed the following year. Key achievements and progress made to help deliver the objectives in these strategies include:

— Hazardous substances: A list of 380 chemicals of possible concern to the marine environment based on their hazardous properties of persistence, toxicity and bioaccumulation capacity has been developed and published. From this list, 47 chemicals have so far been selected for priority action. A number of Recommendations and Decisions have been developed to control specific sources of pollution (eg emissions of mercury from the chlor-alkali industry, crematoria, emissions and discharges from the PVC sector and pesticides in amenity areas) with the UK at the forefront of these developments.

— Eutrophication: In 2002, OSPAR completed an initial assessment of all its marine waters in order to determine those areas which are problem areas with regard to eutrophication and those which are potential problem areas. This assessment provides a basis for directing action to control the sources of nutrients which affect the marine areas of concern.

— Biodiversity: Criteria for identifying threatened and/or declining species has been established and an initial list adopted based on these criteria. A range of guidelines on managing human activities in the marine environment have been produced, for example, on sand and gravel extraction. Recommendations adopted include a Recommendation on reporting encounters with marine dumped conventional and chemical weapons and initial proposals for the development on an ecologically coherent network of well-managed marine protected areas by 2010.

— Offshore oil and gas industry: OSPAR has agreed measures to regulate the use of drilling fluids and the discharge of cuttings contaminated by them. A goal of reducing the total quantity of oil by 15% in produced water (that is, water coming up from oil and gas wells) compared with the figures for 2000 is on track to be achieved by 2006. This forms the first step of ensuring that by 2020 discharges of produced water will present no harm to the marine environment. A Recommendation has also been agreed that all operators of offshore installations in the OSPAR area will have environmental management systems in place by the end of 2005.

32. The OSPAR Ministerial Meeting in June 2003 reviewed progress and adopted a Ministerial Statement setting out OSPAR's future work to deliver its strategies. The work programme for 2003-04 is attached at Annex B [not printed]. It represents a substantial international programme of work that is delivering tangible improvements to the management and protection of the UK's seas.

Global action

33. At last year's World Summit on Sustainable Development, the UK played a lead role in securing agreement by over 180 States to a package of targets to better protect and manage the world's seas. These include the application of the ecosystem approach by 2010, the restoration of depleted fish stocks where possible by 2015 and the establishment of a representative network of marine protected areas by 2012.

34. The UK is playing a leading role in the fight against climate change, which can have a potentially enormous impact on the marine and coastal environment. We ratified the Kyoto protocol, along with our EU partners, on 31 May 2002. We are also working through a range of international agreements and conventions to conserve habitats and marine wildlife worldwide. These include the Convention on Biological Diversity, the Ramsar Convention for the wise use of wetlands, the Bonn Convention to protect migratory species and the Convention on International Trade in Endangered Species (CITES).

35. Much has been achieved. For example, at last year's meeting of the Conference of Parties to Ramsar, the UK exceeded its commitment to designate new Ramsar sites, as agreed at the previous meeting of the Conference of Parties. The UK designated more Ramsar sites than any other Contracting Party in that period.

36. Marine species issues dominated last year's meeting of the Conference of Parties to CITES. The UK successfully listed the Basking shark on Appendix II. This means that international trade can only take place where the exporting country is satisfied that this will not be detrimental to the conservation of the species. Other successes, which the UK supported, were the decisions to list both the Whale shark and all seahorse species on Appendix II. The UK also lobbied successfully to prevent the protection afforded to some whale species from being reduced.

37. The UK has also worked through OSPAR and the 1972 Convention on the Prevention of Marine Pollution by Dumping Waste and Other Matter (the London Convention) to considerably reduce the use of the sea for disposal purposes. UK sea dumping of radioactive waste ceased in 1982 and sea dumping of industrial waste ended in 1992. Sea disposal of sewage sludge was phased out in 1998. Incineration of waste at sea has not been permitted since 1990.

38. In addition, the UK is working through the International Maritime Organization to achieve tighter rules and environmental standards to reduce pollution from ships. The Government has established a pollution control zone which extends up to 200 nautical miles from the coast and in which any ship suspected of committing an oil pollution offence can be prosecuted (The Maritime and Coastguard Agency has established a dedicated Enforcement Unit to prosecute those who commit such offences). In addition, the Government is promoting ratification of international maritime compensation and liability regimes consistent with the polluter-pays principle.

KEY INITIATIVES CURRENTLY UNDERWAY

39. Steady progress is being made to advance the initiatives contained in the first Marine Stewardship Report. The table attached at Annex A reproduces Annex A of Safeguarding our Seas and updates progress made since May 2002. In particular, progress has been made on two key initiatives: a Review of Development in Marine and Coastal Waters and a pilot scheme in the Irish Sea as the next stage of the Review of Marine Nature Conservation. The recommendations from these Reviews will help determine whether new marine legislation is needed to protect and manage the marine environment.

Review of Development in Marine and Coastal Waters

40. The creation of the Marine Consents and Environment Unit (MCEU) in April 2001 provided a streamlined facility for administering certain applications for marine works consents in England and Wales. However the Government recognises that the current regulatory system for granting marine consents can be further streamlined and improved to protect the marine environment and simultaneously manage the different human activities that take place in it. The first Marine Stewardship Report therefore announced a Review of Development in Marine and Coastal Waters.

41. The Review, led by Lord Rooker at the ODPM, aims to identify opportunities for simplifying the complex marine and development control regime, which has built up piecemeal over the decades. For example, some activities that take place in the marine environment are regulated by up to three Secretaries of State. This fragmentation and complexity imposes unwarranted burdens and costs on marine industries and makes it difficult to plan to use resources effectively and in a joined-up way.

42. The Government has identified a number of options for possible reform in the shorter and longer term. The Government is currently considering its position on the best option for longer-term reform ahead of public consultation on its proposals and hopes to announce the next steps as soon as possible. It will be important that the proposal for longer-term reform complies fully with the principles of good regulation and contributes to responsible and integrated marine stewardship.

Review of Marine Nature Conservation

43. Following the Government's 1998 consultation document Sites of Special Scientific Interest: Better Protection and Management, which addressed the conservation of terrestrial biodiversity, the Government established the Review of Marine Nature Conservation to evaluate the success of previous marine nature conservation measures and to develop practical and proportionate proposals for improvement.

44. The Working Group taking forward the Review, which involves a wide range of stakeholders, produced its interim report in March 2001. A key recommendation from this report was to test a new framework for marine conservation and management through a pilot scheme at the regional seas scale. The pilot, which is currently underway in the Irish Sea, is demonstrating the application of new concepts and examining how far the conservation management needed within the pilot area could be delivered through existing mechanisms. This includes the identification of those parts of the regional sea ecosystem that are of nature conservation value or importance. It is also examining how to integrate nature conservation into key sectors to make an effective contribution to sustainable development on a regional basis.

45. Two sub-groups are looking at the current legislative framework and the provision of information to users of the sea. The Review is due to conclude in early 2004. It is expected to make recommendations on best practice on how to manage the seas, possible changes in the current legislative framework, governance and enforcement arrangements, the development of protocols to identify nationally important sites, species and habitats, and a set of strategic goals for marine nature conservation.

EU Marine Thematic Strategy

46. The UK and other EU Member States are currently working with the European Commission to prepare a thematic strategy for the protection and conservation of the Marine Environment. This is in response to the sixth Environment Action Programme, which requires several thematic strategies to be drawn up for a number of sectors that have not previously been the focus of attention at Community level. The Strategy is due to be completed by May 2005.

47. A Commission Communication was published in October 2002[17] ahead of a stakeholder conference held in December 2002 under the Danish Presidency. Council Conclusions were adopted at Environment Council in March 2003. The UK welcomed the intention to prepare a Marine Thematic Strategy—many of the threats that Europe's seas face require collective action to tackle them effectively. The Government's view is that the Council Conclusions adopted in March provide a good framework within which to prepare the Strategy.

48. The Strategy's preparation will be overseen by EU Water Directors. Working Groups are proposed to (1) develop the ecosystem approach, (2) look at developing a common approach to assessment and monitoring and (3) co-ordinate activities between the EU and the Europe's Marine Conventions on the selection and prioritisation of hazardous substances and related measures to control these substances. A fourth working group is being considered to examine the strategic goals, objectives and actions for the Strategy.

INITIATIVES IDENTIFIED BY THE COMMITTEE

49. This section of the memorandum addresses the topics identified by the Committee for particular consideration.

Designating SACs and SPAs under the Habitats and Birds Directives

50. As previously noted, the UK and other EU Member States are working to establish a network of sites consisting of SACs and SPAs designated under the Habitats and Birds Directives to promote and maintain biodiversity (the Natura 2000 network). Following a UK High Court judgement in 1999, the UK is taking steps to apply these Directives beyond territorial waters to cover all marine areas over with the UK exercises sovereign rights.

51. Within territorial waters, nearly all known SACs have been proposed to the Commission. The only exception is in relation to a handful of sites where public consultation is still underway, for example, the Humber and the Severn Estuaries. Nearly all known land-based SPAs have also been identified. These sites include a number of coastal sites that have a marine element.

52. The Birds Directive requires Member States to identify the most suitable avian sites as SPAs. Once notified to the European Commission, these sites are subject to the requirements of Article 6(2)-(4) of the Habitats Directive. These include the requirement that all plans or projects must be assessed to ascertain their effects on the sites. The situation is similar for SACs designated under the Habitats Directive. Whilst the strict protection under Article 6 is not required by the Directive until the Member State's list is adopted—an act that has yet to occur for the UK—the Government recognises the spirit and intention of the Directive and applies protection in England through the Conservation (Natural Habitats &c) (Amendment) Regulations 2000 as soon as sites are proposed to the Commission.

53. Requiring an assessment of all plans and projects that are likely to have a significant impact on the features of a designated site ensures that the vulnerable species and habitats for which a site has been designated are only affected if there are reasons of overriding public interest. In such instances, the Directives require the Member State to ensure compensatory measures are put in place to maintain the coherence of the network. In addition, Member States have a duty to take appropriate steps within SACs and SPAs to avoid deterioration of the habitats for which the site has been selected.

54. As part of the conclusions of the UK's 10 year Review of the SPA network in 2002, it was acknowledged that more work was required to identify offshore breeding and feeding sites plus marine "extensions" of existing sites. The JNCC is leading that review and recommendations are expect to emerge from early 2004 onwards. Decisions have not been available earlier because of the lack of data and/or boundary definitions.

55. Beyond territorial waters the process of site identification is less advanced. A public consultation on the Offshore Marine Conservation (Natural Habitats &) Regulations 2003 commenced on 6 August. The regulations include a requirement to identify sites together with requirements for the consideration of plans and projects in accordance with Article 6(3)-(4) of the Habitats Directive. The deadline for responses to the consultation is 29 October. Subject to comments received, it is hoped to lay the Regulations before Parliament at the end of 2003 or early 2004.

56. The complicated international regulatory situation affecting waters beyond our territorial limits meant that production of these draft Regulations has taken some time. For example, the UK has only limited competence for some activities such as fisheries, shipping and cable laying carried out in the offshore marine area, often by non-UK nationals. These issues needed to be resolved prior to consultation.

57. Since the 1999 Court judgement, the UK has been at the forefront of work within the EU to determine how best to identify and protect sites beyond territorial waters. Between 2000 and 2002, Defra sponsored the JNCC to consider the issue. Their work culminated in October 2001 with the production of JNCC Report 233 "Natura 2000 in UK Offshore Waters" followed by a European Conference on the subject in May 2002. The UK co-chairs a European Commission working group looking at the issues, which was established in March 2003. This working group was set up in response to difficulties the EC has itself identified in extending the Directives beyond territorial waters.

58. The UK has already identified a small number of potential SACs beyond territorial waters, prime amongst these being the Darwin Mounds cold-water corals. Public consultation on that site began on 9 September 2003. Further work is necessary to ascertain the suitability of other sites, and the possibility of additional sites will be dependent on the conclusions and recommendations of the EC Working Group, which are not expected before the end of 2004.

59. In advance of the designation of the Darwin Mounds as a candidate SAC, the UK case for the use of emergency measures available under the revised Common Fisheries Policy framework regulation has been accepted by the EC. A Commission regulation to protect the area from damaging fishing activities came into force in August 2003 and will be in operation for a six-month period, renewable for a further six months. Measures for the longer-term protection of the area will also be developed by the Commission. This action demonstrates a UK commitment to the integration of environmental protection requirements into fisheries policy and also shows that the revised CFP can be used for the benefit of the wider marine ecosystem.

Strategic Environmental Assessment

60. The Strategic Environmental Assessment (SEA) Directive[18] will apply to a range of plans and programmes which directly or indirectly affect the marine environment. It focuses mainly on plans or programmes which set frameworks for development consent of individual projects, and will apply where their preparation formally begins after 21 July 2004 or where they have not been adopted or submitted to a legislative procedure by 21 July 2006.

61. Authorities which prepare and/or adopt a plan or programme which falls within the Directive's scope will have to draw up a report on its probable significant environmental effects, consult authorities with environmental responsibilities and the public, and take the findings of both these exercises into account in reaching a decision on how to proceed. Basic procedural and technical requirements are set out in the Directive, which Member States can implement within their existing systems if they wish.

62. The Directive will set new standards of rigour in environmental assessment at levels above that of the individual project. The Government sees the SEA Directive as contributing to sustainable development by ensuring that the environmental effects of strategic proposals are fully analysed and taken into account when decisions are made, and that the objectives of plans and programmes and alternative ways of achieving them are subjected to thorough scrutiny.

63. The Directive's consultation requirements are important in both obtaining information on the effects of proposals and ensuring transparency. Plans and programmes affecting the marine environment pose particular challenges in this respect because of the variety of social groups, communities and interests which can be affected by them. SEA should also strengthen and streamline project-level Environmental Impact Assessment (EIA) by addressing at an earlier and more appropriate stage strategic issues such as the justification for plans and programmes, their overall effects, and possible locations of individual developments.

64. The SEA Directive also requires monitoring of the implementation of plans and programmes. This requirement focuses on identifying unforeseen effects and enabling remedial action to be taken (though it creates no new obligations in this respect), but it can be met through monitoring arrangements which also serve other purposes.

65. Whilst the Directive has not yet come into force, the DTI has been undertaking a series of SEAs for the offshore oil and gas sector based on the requirements of the Directive. This has provided a useful opportunity to gain experience in the practicalities of meeting the Directive's requirements in a real-life situation.

66. The work commenced in 2000 and covers the entire UK Continental Shelf (UKCS) with the UKCS divided into eight regions. The first three SEAs have now been completed with a target date of 2007 for the whole project. In the last year, a separate offshore renewables SEA process has merged with the oil and gas initiative and the remaining SEAs will cover all offshore energy.

67. Transparency and public participation have been an important and valuable part of the process. Stakeholder dialogue sessions have been held and dedicated websites established.

68. Applying the SEA Directive to marine plans and programmes will inevitably be costly, as data collection in the marine environment can be expensive. The DTI's offshore SEA initiative currently requires a budget of £2.5 million each year between 2000 and 2007. However, the data collected, which is freely available, may be of considerable use to different sectors required to undertake SEAs under the Directive. The Government hopes that others embarking on marine SEA work will make full use of this existing data when considering their information needs.

69. A common difficulty in conducting SEAs outside territorial waters is that responsibility for, and control of, two of the most significant human activities—fishing and shipping—are largely outside the direct control of the UK Government. Consequently assessments of cumulative impact and any recommendations of mitigative measures relating to UK-regulated activities need to be set within the context of activities regulated by international bodies such as the EU and the IMO.

Identifying Marine Environmental High Risk Areas

70. For some time, the UK has been engaged in the complex process of identifying marine and coastal areas that are at particular risk from pollution from shipping due to the combination of high environmental sensitivity and high levels of shipping risk. These are known as Marine Environmental High Risk Area (MEHRAs) and are intended to provide extra protection to complement existing protection mechanisms.

71. A rigorous and robust methodology has been developed and applied to identify individual MEHRAs. This has involved extensive stakeholder engagement. The Department for Transport, which has policy lead for working up the specific boundaries for individual MEHRAs and the additional protection required at individual sites, is submitting evidence on progress made.

FUTURE POLICY

72. Much has been achieved to better protect the marine environment but more remains to be done. The Government's priority is to continue to work with stakeholders to develop and implement the vision and initiatives contained in the first Marine Stewardship Report; in particular to:

— Extend the Habitats and Birds Directives to all UK waters by the end of 2003 or early 2004 and designate SACs and SPAs offshore to protect vulnerable habitats and species.

— Complete the Review of Development in Marine and Coastal Waters and the Review of Marine Nature Conservation by early 2004 and ensure that the recommendations provide for a joined-up approach to managing and protecting the marine environment.

— Continue to work through the EU, OSPAR and other international fora in a practical and proportionate way to better protect and regulate the marine environment; and explore new concepts such as marine spatial planning; and

— Play a full part in negotiating the EU Marine Thematic Strategy to protect and conserve the marine environment in a way that reflects UK interests.

17 September 2003

Annex A

PROGRESS MADE ON KEY INITIATIVES IN THE FIRST MARINE STEWARDSHIP REPORT

Targets and Timescales	Commitments	Current Position/Progress Made
2002	Commencement of Regional Seas Pilot Scheme in the Irish Sea as the next step of the Review of Marine Nature Conservation.	Regional Seas Pilot Scheme commenced in May 2002. On course to be completed by the end of 2003.
2002	Publication of Government's Strategy for Managing Radioactive Discharges up to 2020 to show how UK is working to deliver its OSPAR target.	Strategy was published in July 2002.
2002	Designation of Marine Environmental High Risk Areas (MEHRAS) and consultation on protective measures proposed for individual MEHRAs.	The MEHRAs have been identified, and vessel traffic surveys have been carried out on the basis of which proposals are being developed for protective measures. Work is in progress on the report which will announce the areas which have been identified as MEHRAs, and which will outline the results of the traffic surveys and the proposed protective measures.
2002	International Safety Management (ISM) Code to apply to most ships that trade internationally to provide an international standard for the safe management and operation of ships and pollution prevention.	The International Safety Management (ISM) code is now in place with a rigorous regime to ensure all ships comply.
2002	Hold Autumn workshop with key stakeholders on how best to take forward the initiatives and ideas contained in this report.	Stakeholder Workshop was successfully held in London on 14 November 2002.
2002	Start process of reviewing the regulatory framework affecting development in the coastal area with a view to simplifying the regulatory system and protecting the marine environment.	Review has been completed. Government is currently considering the options for longer term reform ahead of consultation.
2002	Consultation on Regulations to extend the Habitats and Birds Directives to all waters over which the UK exercises sovereign rights.	Consultation Paper was published in August 2003.
2002	JNCC to recommend potential pites for SPA and SAC status in the 12 to 200 nautical mile zone to apply once the regulations to extend the Habitats and Birds Directives are in place.	On 7 May 2002 JNCC published its report Natura 2000 in Offshore Waters to inform the selection of SPA and SAC in the 12 to 200 nautical mile zone. In June 2002 the JNCC provided formal advice that the Darwin Mounds met the criteria for selection as a SAC. In March 2003 the JNCC identified another six sites that would be assessed against the criteria for selection as SACs.
2002	Preparation of the next round of Shoreline Management Plans (SMPs) to further improve handling of long-term natural processes affecting coastal defence planning.	Revised guidance for second round plans was published in 2001. More detailed guidance on implementation and use of FutureCoast outputs in SMP development is currently being issued for consultation in parallel with testing on three pilot SMP studies. Following this the main programme of second round SMPs is due to start in April 2004 and is due to be completed by 2008.
2002	Expected adoption of the EU Recommendation on Integrated Coastal Zone Management ICZM) followed by a national conference on how best to implement the Recommendation.	Recommendation was adopted by EU on 30 May 2002. National stakeholder conference held in London on 14 November 2002.
Before August 2002	Ratification of the Kyoto Protocol with our European partners in time for it to enter into force before the World Summit on Sustainable Development (WSSD) in August 2002.	The UK and the EU Member States ratified the Kyoto Protocol on 31 May 2002.
Priority in 2002	WSSD. UK to promote marine issues as a priority, including sustainable fisheries, marine protected areas and better oceans governance.	WSSD took place in August/September 2002. Johannesburg Plan Of Implementation contains a package of important marine targets and objectives.
2002	Publication of Government's Energy White Paper.	Energy White Paper was published in February 2003.
2002	EC Directive to establish a Port Waste Reception Regime across the EC to come into force.	The UK has now implemented the EC Directive. The UK SI No 1809 2003 came into force on the 15 July 2003.
2002	Publication of the UK's Small Cetacean By-catch Response Strategy.	Bycatch response strategy published in March 2003. Consultation on the proposals in the Strategy concluded in June 2003.
By end of 2002	Issue consultation paper on the scope and content of future Marine Stewardship Reports and whether a new overarching stakeholder forum is needed.	Consultation paper was published in November 2002. Government's response will be published by the end of 2003.
2003	Completion of the UK's initial assessment under OSPAR of the eutrophication status of UK waters to complement assessments of estuaries and nearshore waters which are being done under relevant EC Directives.	The UK completed the initial assessment of the eutrophication status of its marine waters. The results were included in an overall assessment report presented to OSPAR in June 2003.
From 1 Jan 2003 and From 1 Jan 2008	The International Convention on the Control of Harmful Anti-Fouling Systems on ships bans the application of organotin from 1 January 2003 and its use as an anti-foulant on ships from 1 January 2008.	The UK is on course to be one of the first countries to ratify the Convention, which has not yet entered into force internationally. The EU has made equivalent provision by way of a regulation, which came into force upon the 1 July 2003.
2003	Amount of Compensation available for any single oil spill from a tanker will rise by 50% to approximately £180 million.	The amount of compensation available for any single oil spill from a tanker will rise by 50% to £180 million on 1 November 2003.
2003	Development of an integrated, comprehensive, environmental regulatory regime for Offshore Oil and Gas Licensing seamless from pre-licensing through exploration, development and eventual decommissioning.	Consultation on revised controls for oil discharges ran from May to August 2003. Are currently working to ensure an integrated and seamless regime continues through development of a web-based portal for e business.
2003	Revised Common Fisheries Policy (CFP) to come into effect following completion of the current review of the CFP.	Revised CFP came into effect on 1 January 2003.
2003	Next OSPAR Ministerial Meeting 2003.	The OSPAR Ministerial Meeting was held in Bremen, Germany, in June 2003. All UK objectives were met.
2003	Completion of Coastal Habitat Management Plans (CHaMPS) initiative, including seven CHaMPS, best practice guidance on habitat creation and a framework for managing habitats on changing coastlines.	Seven CHaMPs are now complete.
Early 2004	Findings of the Regional Seas Pilot Scheme in the Irish Sea, which forms part of the Review of Marine Nature Conservation, to be available.	Pilot Scheme is due to be completed around the end of 2003. Review of Marine Nature Conservation on course to be completed by March 2004.
21 July 2004	Latest date for implementation of the EC Directive on Strategic Environmental Assessment (SEA).	Draft Regulations will be issued for consultation shortly. General Guidance for authorities on the Directive in preparation aiming for publication early in 2004.
Target date 2004	Target date for completion of development of a full set of Ecological Quality Objectives.	Work is underway in OSPAR to develop Ecological Quality Objectives. The UK is lead country for three of these (seal population trends in the North Sea; utilisation of seal breeding sites in the North Sea; and local sandeel availability to black-legged kittiwakes).
End of 2004	Disposal of Vessels or Aircraft at sea will be prohibited after the end of 2004 under Annex II of the OSPAR Convention.	The UK would only permit scuttling in exceptional circumstances and no licences have been issued for many years.
Between 2001 and 2004	Between 2001 and 2004 funding of over £260 million will have been granted to encourage further research and development in Renewable Energy to support early projects.	On course. £250 million renewable support programme already in place for period 2002-03 to 2005-06. Additional funding of £38 million allocated in Spending Review 2002, with further £60 million announced in Energy White Paper.
2004	Production of an integrated assessment of our Seas (State of the Seas Report).	Work is underway to ensure that this assessment is published by the end of 2004.
By 2005	By 2005 a further £600 million will have been invested to drive up Bathing Water compliance.	Good progress is being made on bathing water improvement schemes and UK compliance with the mandatory coliform bacteria standards rose to a record 98% in 2002
2006	Date for meeting the OSPAR target of a reduction of 15% of current oil inputs from Produced Water.	On course through work in OSPAR's Offshore Industries Committee.
2006	North Sea Ministerial Meeting on the environmental impacts of shipping and the environmental consequences of fishing.	Meeting is scheduled to take place in Sweden in 2006.
2006	We will have developed an overarching vision for the future of the UK's coastline, underpinned by a fully integrated set of strategies for England, Wales, Scotland and Northern Ireland.	National stakehdoler conference held in November 2002 to launch EU ICZM Recommendation. Project to take stock of current approach to ICZM in UK was commissioned in March 2003. Final report due spring 2004 will identify key issues. Work can then begin on ICZM strategies for 2005.
After 2007	Unprotected single hull tankers will not be allowed to operate anywhere in the world after 2007.	Proceeding as scheduled.
By 2010	We are Committed to halting the decline of biodiversity by 2010 as part of the EU's 6th Environmental Action Programme.	Are working to develop the EU Marine Thematic Strategy—one of seven thematic strategies stipulated in the 6th Environmental Action Programme. Strategy is due to be completed by May 2005 to protect and conserve the marine environment.
By 2010	By 2010, we will have identified and designated relevant areas of the UK's seas as Marine Protected Areas belonging to a network of well-managed sites.	Are currently consulting on extending the Habitats and Birds Directives beyond the 12 nautical mile limit and considering further in light of commitments made at WSSD and in OSPAR.
By 2010	We are committed to renewable energy making up 10% of electricity sales from licensed suppliers by 2010.	The Energy White Paper confirmed the Government's commitment to the 10% target. In 2002, the percentage of electricity generated from all forms of renewable energy was 3% (up from 2.6% the previous year). The proportion generated from sources eligible for the Renewables Obligation (the measure on which the target is based) was 1.7% in 2002 (up from 1.5% the previous year).
Target date 2010	Target date for going further than the Kyoto Commitment and achieve a domestic goal of a 20% reduction in Carbon Dioxide Emissions below 1990 levels.	2001 Data for UK Greenhouse gas emissions shows that emissions were 12.3% below base year levels and carbon dioxide emissions were about 5.3% below 1990 levels The UK climate change programme will be reviewed in 2004 to access the effectiveness of current policies.
Target date 2010	Target date for meeting individual ceilings for four Transboundary Pollutants: sulphur dioxide, nitrogen oxides, volatile organic compounds and ammonia under the Gothenberg Protocol.	The UK is on track to meet the individual ceilings for the four named pollutants.
Deadline 2015	Deadline for meeting demanding Water Quality Targets under the Water Framework Directive's Strategic Framework for managing inland and coastal waters in an integrated and sustainable way.	Government launched third consultation in August 2003 inviting views on draft regulations to transpose the Directive. Consultation ends in October. Directive needs to be transposed by December 2003. Environment Agency is progressing initial implementation tasks and has established a pilot river basin.
From 2015	From 2015 newer tankers with Partial Hull Protection will not be allowed into the ports of EU Member States, UK Overseas Territories, Russia and the Baltic States unless they are double hulled.	Proceeding. Original Timetable operating
Recommended Target Date 2020	Performance Innovation Unit Recommended Target Date for electricity generated by Renewable Sources to be increased to 20%.	Energy White Paper set an aspiration to double the proportion of electricity from renewable sources from the 2010 target by 2020.
Target Date 2020	OSPAR Target for reducing or eliminating discharges, emissions or losses of hazardous substances into the marine environment.	Since this target and related strategy were agreed at the OSPAR Ministerial Meeting in 1998, the UK has played a full part in developing mechanisms to achieve it.
Target 2020	OSPAR Target for reducing concentrations in the marine environment due to Discharges, Emissions and Losses of Radioactive Substances historic levels or close to zero.	UK discharges strategy (published 2002) shows how we shall meet the 2020 objective. OSPAR has yet to identify an agreed means of assessing progress against baseline elements for discharges, concentrations and doses