Implementation

The Marine Strategy Framework Directive (MSFD), transposed into national law by Decree-Law No 108/2010, of 13 October in its current wording, establishes the community framework within the scope of the protection and conservation of the marine environment, and aims to achieve or maintain the Good Environmental Status (GES) of the marine environment. Each implementation cycle lasts for 6 years. The 1st cycle took place in the period between 2012 and 2018 and included the Preparation Phase and the Programme of Measures Phase. The 2nd cycle of the MSFD runs between 2018 and 2024.

Uptade of the Initial Reports. MSFD 2nd cycle (2018-2024)

The 2nd cycle of implementation of the directive has started (2018-2024), the Initial Report of the Marine Strategies (MSFD articles 8, 9 and 10) was updated for the four national subdivisions - Madeira, Azores, Continent and Extended Continental Shelf (ECS).

In view of the management model that was established at national level for the implementation of the MSFD, the report was, with regard to the Continent and ECS subdivisions, coordinated by the Directorate-General for Natural Resources, Safety and Maritime Services (DGRM), with Portuguese Institute of Sea and Atmosphere, IP (IPMA) responsible for the scientific component in the evaluation of the GES of marine waters, and the Directorate General for Sea Policy (DGPM) responsible for the economic and social analysis of the use of marine waters. In the Azores subdivision, the work was coordinated by the Regional Directorate for Marine Affairs (DRAM) and in the Madeira subdivision by the Regional Directorate for Spatial Planning and the Environment (DROTA).

The Marine Strategies Report for the 2nd cycle comprises the following documents:

Part A: framework, being common to the four subdivisions

  • Marine Strategy - part A - Continent, Madeira, Azores and ECS subdivisions
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Part B: analysis of the main activities, pressures and impacts (article 8b). It includes a summary of the spatial distribution and a brief qualitative and quantitative description of the activities that occur in national marine waters, as well as the main associated pressures and potential impacts on the GES, by subdivision;

  • Marine Strategy - Part B - Continent and ECS subdivisions
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  • Marine Strategy - Part B - Azores subdivision
     Download (3.2 MB)
  • Marine Strategy - Part B - Madeira subdivision
     Download (1.4 MB)

Part C: economic and social analysis of the use of national marine waters (article 8c), following OSPAR guidelines, as determined by MSFD article 6. Maintains and deepens the line of work defined in the 1st cycle, considering the methodology of the economic accounts of marine waters in all their breadth and supported by the Satellite Account of the Sea. It also performs a first exercise to implement the ecosystem services approach, which should be further developed in the MSFD 3rd cycle.

  • Marine Strategy - Part C - Continent subdivision
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  • Marine Strategy - Part C - Azores subdivision
     Download (6.1 MB)
  • Marine Strategy - Part C - Madeira subdivision
     Download (3.7 MB)

Part D: reassessment of the environmental status (article 8a and article 9) and the definition of environmental targets (article 10), by subdivision, for the 11 descriptors, carried out based on the new Decision (EU) No 2017/848.

  • Marine Strategy - Part D - Continent subdivision
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  • Marine strategy - part D - Azores subdivision
     Download (11.5 MB)
  • Marine Strategy - part D - Madeira subdivision
     Download (7.8 MB)
  • Marine Strategy - part D - ECS subdivision
  •  Download (2.1 MB)

The public consultation of this document took place from January 9 to February 10, 2020, and the Public Consultation Report is available

  • Public Consultation Report
     Download (5.0 MB)
     

 Initial Reports: MSFD 1st cycle (2012-2018)

The first part of the Preparation phase of marine strategies included the initial assessment of the current environmental status of national marine waters and the environmental impact of human activities in those waters, with a view to defining the set of characteristics, parameters and reference values for the good environmental status of national marine waters.

The assessment took into account the eleven qualitative descriptors for determining the good environmental status of EU marine waters, listed in Annex I of the MSFD, and which are related to the biodiversity conservation, the quality of marine waters, the structure and function of ecosystems and pressures and impacts on the marine environment. The criteria and methodological standards for assessing the good environmental status of waters, for each of the descriptors, were defined through Commission Decision No 2010/477/EU, of 1 September, currently revoked by Decision (EU) No 2017/848 of 17 May.

In this first phase, a set of environmental targets and associated indicators was also established, with a view to guiding progress towards achieving the good environmental status of the marine environment by 2020.

These elements (initial assessment, definition of good environmental status and establishment of environmental  targets) constitute the first part of the preparation phase for marine strategies, and are materialized in the following documents:

  • Marine strategy for the continent subdivision - Marine Strategy Framework Directive. Ministry of Agriculture, Sea, Environment and Spatial Planning. October 2012 (MAMAOT, 2012a)
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  • Marine strategy for the extended continental shelf subdivision - Marine Strategy Framework Directive. Ministry of Agriculture, Sea, Environment and Spatial Planning. October 2012 (MAMAOT, 2012b)   
     Download (32 MB) 
  • Marine Strategy for the Madeira subdivision - Marine Strategy Framework Directive. Regional Secretariat for the Environment and Natural Resources. June 2014 (SRA, 2014)
     Download (82 MB)
  • Marine Strategy for the Azores subdivision - Marine Strategy Framework Directive. Regional Secretariat for Natural Resources. June 2014 (SRRN, 2014)
     Download (19 MB)

These documents are referred to as the Initial Report for the respective subdivision.

 

 Monitoring Programme and Programme of Measures (1st cycle)

The second part of the Preparatory Phase for marine strategies concerns the establishment of the Monitoring Programme (MoP).

The MoP aims to systematically monitor the environmental status of the national marine waters, with reference to the environmental targets established in the Initial Reports, considering relevant biotic and abiotic factors, as well as the dominant pressures and impacts. This program also respects the coherence of assessment and monitoring methods in all marine subdivisions in order to ensure that the results are comparable.

The implementation of the marine strategies continues with the Programmes of Measures phase, concerning the preparation of Programme of Measures (PoM) aimed at pursuing or maintaining good environmental status. The PoM identifies the measures defined based on the initial assessment carried out on national marine waters, by reference to the established environmental targets, measures resulting from other legislative instruments and international agreements relevant to the MSFD, complementary measures (related to knowledge gaps and measures  for education and raising public awareness) and also spatial protection measures, which contribute to the establishment of a coherent and representative Marine Protected Areas network, in compliance with paragraph 4 of Article 13 of the MSFD.

The monitoring programme and the programme of measures are related, insofar as, despite the PoM resorting to monitoring to identify, define and develop new measures that may prove necessary due to the results obtained in the MoP, on the other hand, MoP must be designed in order to assess the effectiveness of the measures defined in the PoM (Figure 1).

Figure 1 - Relationship between the Monitoring Programme and the Programme of Measures

For these reasons, Portugal prepared both programmes simultaneously, anticipating the elaboration and consequent communication of the PoM to the European Commission. In this way, it was intended to ensure a better coherence of the objectives, and to obtain greater efficiency in the distribution of the financial resources necessary for the implementation of the MSFD, embodied in a single document for all four national marine subdivisions, called “Monitoring Programme and Programme of Measures of the Marine Strategy Framework Directive. Continent, Azores, Madeira and Extended Continental Shelf subdivisions, November 2014” (MoP and PoM).

The documents that make up the MoP and PoM can be consulted below:

  • Monitoring Programme and the  Programme of Measures
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  • Annex II - Monitoring Sheets
     Download (744 KB)
  • Annex IV - Measures Sheets
     Download (896 KB)

 

Legislation

National Law  
Decree-Law No 108/2010, of 13 October, establishes the legal regime for the measures necessary to guarantee the good environmental status of the marine environment by 2020, transposing Directive No 2008/56/EC of the European Parliament into the internal legal order. and the Council of 17 June

Decree-Law No 108/2010
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Decree-Law No 201/2012, of 27 August, makes the first amendment to Decree-Law No 108/2010, of 13 October, which defines the legal regime of the measures necessary to ensure the good environmental status of the marine environment until 2020 and which transposed Directive No 2008/56/EC of the European Parliament and of the Council of 17 June, which establishes a framework for Community action in the field of marine policy (Framework Directive « Marine strategy ')

Decree-Law No 201/2012
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Decree-Law No 136/2013, of 7 October, amends and republishes Decree-Law No 108/2010, of 13 October, amended by Decree-Law No 201/2012, of 27 August , which establishes the legal regime for the measures necessary to guarantee the good environmental status of the marine environment by 2020, which transposed Directive No 2008/56/EC of the European Parliament and of the Council of 17 June 2008 (Directive “Marine Strategy” table), adding the definition of a regional marine convention and explaining the obligations of the Portuguese State in terms of reporting information and in the field of adopting action plans, whenever the critical state of the sea requires urgent intervention in a region or marine sub-region shared with other member states Decree-Law No 136/2013
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Decree-Law No 143/2015, July 31, proceeds to the third amendment to Decree-Law No 108/2010, of October 13, amended by Decrees-Law No 201/2012, of August 27, and 136/2013, of 7 October, which establishes the legal regime for the measures necessary to guarantee the good environmental status of the marine environment by 2020, adding article 4-A regarding the Follow-up Meetings of the Decree-Law Decree-Law No 143/2015
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European Union law  
Directive No 2008/56/EC of the European Parliament and of the Council of 17 June establishes a framework within which Member States must take the necessary measures to achieve or maintain good environmental status in the marine environment by 2020 Directive No 2008/56/EC
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Commission Directive (EU) No 2017/845 of 17 May 2017 amends Directive No 2008/56/EC of the European Parliament and of the Council with regard to the indicative list of elements to be taken into account when drawing up marine strategies Directive (EU) No 2017/845
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Commission Decision (EU) No 2017/848 of 17 May 2017 establishes the criteria and methodological standards for assessing the good environmental status of marine waters, as well as standardized specifications and methods for their monitoring and evaluation, and which repeals Decision No 2010/477/EU Commission Decision (EU) No 2017/848
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Commission Decision No 2010/477/EU of 1 September 2010 on criteria and methodological standards for assessing the good environmental status of marine waters Commission Decision No 2010/477/EU
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