Division Criteria, including criteria elements, and methodological standards

United Kingdom

Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties, including criminal penalties, for pollution offences (OJ L 255, 30.9.2005, p. 11).
Criteria elements	Criteria	Methodological standards
(1) Within coastal and territorial waters: (a) contaminants selected in accordance with F1any enactment which gives effect to Directive 2000/60/EC: (i) contaminants for which an environmental quality standard is laid down in Part A of Annex I to Directive 2008/105/EC; (ii) River Basin Specific Pollutants under Annex VIII to Directive 2000/60/EC, in coastal waters; (b) additional contaminants, if relevant, such as from offshore sources, which are not already identified under point (a) and which may give rise to pollution effects in the region or subregion. F2The Secretary of State, in consultation with the devolved policy authorities, shall establish that list of contaminants through regional or subregional cooperation. (2) Beyond territorial waters: (a) the contaminants considered under point (1), where these still may give rise to pollution effects; (b) additional contaminants, if relevant, which are not already identified under point (2)(a) and which may give rise to pollution effects in the region or subregion. The Secretary of State, in consultation with the devolved policy authorities, shall establish that list of contaminants through regional or subregional cooperation.	D8C1 — Primary: Within coastal and territorial waters, the concentrations of contaminants do not exceed the following threshold values: (a) for contaminants set out under point 1(a) of criteria elements, the values set in accordance with any enactment which gives effect to Directive 2000/60/EC; (b) when contaminants under point (a) are measured in a matrix for which no value is set under any enactment which gives effect to Directive 2000/60/EC, the concentration of those contaminants in that matrix established by the Secretary of State, in consultation with the devolved policy authorities, through regional or subregional cooperation; (c) for additional contaminants selected under point 1(b) of criteria elements, the concentrations for a specified matrix (water, sediment or biota) which may give rise to pollution effects. The Secretary of State, in consultation with the devolved policy authorities, shall establish these concentrations through regional or subregional cooperation, considering their application within and beyond coastal and territorial waters. Beyond territorial waters, the concentrations of contaminants do not exceed the following threshold values: (a) for contaminants selected under point 2(a) of criteria elements, the values as applicable within coastal and territorial waters; (b) for contaminants selected under point 2(b) of criteria elements, the concentrations for a specified matrix (water, sediment or biota) which may give rise to pollution effects. The Secretary of State, in consultation with the devolved policy authorities, shall establish these concentrations through regional or subregional cooperation.	Scale of assessment: within coastal and territorial waters, as used under any enactment which gives effect to Directive 2000/60/EC, beyond territorial waters, subdivisions of the region or subregion, divided where needed by national boundaries. Use of criteria: The extent to which good environmental status has been achieved shall be expressed for each area assessed as follows: (a) for each contaminant under criterion D8C1, its concentration, the matrix used (water, sediment, biota), whether the threshold values set have been achieved, and the proportion of contaminants assessed which have achieved the threshold values, including indicating separately substances behaving like ubiquitous persistent, bioaccumulative and toxic substances (uPBTs), as referred to in Article 8a(1)(a) of Directive 2008/105/EC; (b) for each species assessed under criterion D8C2, an estimate of the abundance of its population in the assessment area that is adversely affected; (c) for each habitat assessed under criterion D8C2, an estimate of the extent in the assessment area that is adversely affected. The use of criterion D8C2 in the overall assessment of good environmental status for Descriptor 8 shall be agreed at regional or subregional level. The outcomes of the assessment of criterion D8C2 shall contribute to assessments under Descriptors 1 and 6, where appropriate.
Species and habitats which are at risk from contaminants. The Secretary of State, in consultation with the devolved policy authorities, shall establish that list of species, and relevant tissues to be assessed, and habitats, through regional or subregional cooperation.	D8C2 — Secondary: The health of species and the condition of habitats (such as their species composition and relative abundance at locations of chronic pollution) are not adversely affected due to contaminants including cumulative and synergetic effects. The Secretary of State, in consultation with the devolved policy authorities, shall establish those adverse effects and their threshold values through regional or subregional cooperation.
Significant acute pollution events involving polluting substances, as defined in Article 2(2) of Directive 2005/35/EC of the European Parliament and of the Council^f1, including crude oil and similar compounds.	D8C3 — Primary: The spatial extent and duration of significant acute pollution events are minimised.	Scale of assessment: Regional or subregional level, divided where needed by national boundaries. Use of criteria: The extent to which good environmental status has been achieved shall be expressed for each area assessed as follows: an estimate of the total spatial extent of significant acute pollution events and their distribution and total duration for each year. This criterion shall be used to trigger assessment of criterion D8C4.
Species of the species groups, as listed under Table 1 of Part II, and benthic broad habitat types, as listed under Table 2 of Part II.	D8C4 — Secondary (to be used when a significant acute pollution event has occurred): The adverse effects of significant acute pollution events on the health of species and on the condition of habitats (such as their species composition and relative abundance) are minimised and, where possible, eliminated.	Scale of assessment: As used for assessment of the species groups or benthic broad habitat types under Descriptors 1 and 6. Use of criteria: The outcomes of assessment of criterion D8C4 shall contribute, where the cumulative spatial and temporal effects are significant, to the assessments under Descriptors 1 and 6 by providing: (a) an estimate of the abundance of each species that is adversely affected; (b) an estimate of the extent of each broad habitat type that is adversely affected. The use of criterion D8C4 in the overall assessment of good environmental status for Descriptor 8 shall be agreed at regional or subregional level.

Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties, including criminal penalties, for pollution offences (OJ L 255, 30.9.2005, p. 11).

Criteria elements

Criteria

Methodological standards

(1)
Within coastal and territorial waters:
1. (a)
  contaminants selected in accordance with F1any enactment which gives effect to Directive 2000/60/EC:
  1. (i)
    contaminants for which an environmental quality standard is laid down in Part A of Annex I to Directive 2008/105/EC;
  2. (ii)
    River Basin Specific Pollutants under Annex VIII to Directive 2000/60/EC, in coastal waters;
2. (b)
  additional contaminants, if relevant, such as from offshore sources, which are not already identified under point (a) and which may give rise to pollution effects in the region or subregion. F2The Secretary of State, in consultation with the devolved policy authorities, shall establish that list of contaminants through regional or subregional cooperation.
(2)
Beyond territorial waters:
1. (a)
  the contaminants considered under point (1), where these still may give rise to pollution effects;
2. (b)
  additional contaminants, if relevant, which are not already identified under point (2)(a) and which may give rise to pollution effects in the region or subregion. The Secretary of State, in consultation with the devolved policy authorities, shall establish that list of contaminants through regional or subregional cooperation.

D8C1 — Primary:

Within coastal and territorial waters, the concentrations of contaminants do not exceed the following threshold values:

(a)
for contaminants set out under point 1(a) of criteria elements, the values set in accordance with any enactment which gives effect to Directive 2000/60/EC;
(b)
when contaminants under point (a) are measured in a matrix for which no value is set under any enactment which gives effect to Directive 2000/60/EC, the concentration of those contaminants in that matrix established by the Secretary of State, in consultation with the devolved policy authorities, through regional or subregional cooperation;
(c)
for additional contaminants selected under point 1(b) of criteria elements, the concentrations for a specified matrix (water, sediment or biota) which may give rise to pollution effects. The Secretary of State, in consultation with the devolved policy authorities, shall establish these concentrations through regional or subregional cooperation, considering their application within and beyond coastal and territorial waters.

Beyond territorial waters, the concentrations of contaminants do not exceed the following threshold values:

(a)
for contaminants selected under point 2(a) of criteria elements, the values as applicable within coastal and territorial waters;
(b)
for contaminants selected under point 2(b) of criteria elements, the concentrations for a specified matrix (water, sediment or biota) which may give rise to pollution effects. The Secretary of State, in consultation with the devolved policy authorities, shall establish these concentrations through regional or subregional cooperation.

Scale of assessment:

within coastal and territorial waters, as used under any enactment which gives effect to Directive 2000/60/EC,
beyond territorial waters, subdivisions of the region or subregion, divided where needed by national boundaries.

Use of criteria:

The extent to which good environmental status has been achieved shall be expressed for each area assessed as follows:

(a)
for each contaminant under criterion D8C1, its concentration, the matrix used (water, sediment, biota), whether the threshold values set have been achieved, and the proportion of contaminants assessed which have achieved the threshold values, including indicating separately substances behaving like ubiquitous persistent, bioaccumulative and toxic substances (uPBTs), as referred to in Article 8a(1)(a) of Directive 2008/105/EC;
(b)
for each species assessed under criterion D8C2, an estimate of the abundance of its population in the assessment area that is adversely affected;
(c)
for each habitat assessed under criterion D8C2, an estimate of the extent in the assessment area that is adversely affected.

The use of criterion D8C2 in the overall assessment of good environmental status for Descriptor 8 shall be agreed at regional or subregional level.

The outcomes of the assessment of criterion D8C2 shall contribute to assessments under Descriptors 1 and 6, where appropriate.

Species and habitats which are at risk from contaminants.

The Secretary of State, in consultation with the devolved policy authorities, shall establish that list of species, and relevant tissues to be assessed, and habitats, through regional or subregional cooperation.

D8C2 — Secondary:

The health of species and the condition of habitats (such as their species composition and relative abundance at locations of chronic pollution) are not adversely affected due to contaminants including cumulative and synergetic effects.

The Secretary of State, in consultation with the devolved policy authorities, shall establish those adverse effects and their threshold values through regional or subregional cooperation.

Significant acute pollution events involving polluting substances, as defined in Article 2(2) of Directive 2005/35/EC of the European Parliament and of the Council^f1, including crude oil and similar compounds.

D8C3 — Primary:

The spatial extent and duration of significant acute pollution events are minimised.

Scale of assessment:

Regional or subregional level, divided where needed by national boundaries.

Use of criteria:

The extent to which good environmental status has been achieved shall be expressed for each area assessed as follows:

an estimate of the total spatial extent of significant acute pollution events and their distribution and total duration for each year.

This criterion shall be used to trigger assessment of criterion D8C4.

Species of the species groups, as listed under Table 1 of Part II, and benthic broad habitat types, as listed under Table 2 of Part II.

D8C4 — Secondary (to be used when a significant acute pollution event has occurred):

The adverse effects of significant acute pollution events on the health of species and on the condition of habitats (such as their species composition and relative abundance) are minimised and, where possible, eliminated.

Scale of assessment:

As used for assessment of the species groups or benthic broad habitat types under Descriptors 1 and 6.

Use of criteria:

The outcomes of assessment of criterion D8C4 shall contribute, where the cumulative spatial and temporal effects are significant, to the assessments under Descriptors 1 and 6 by providing:

(a)
an estimate of the abundance of each species that is adversely affected;
(b)
an estimate of the extent of each broad habitat type that is adversely affected.

The use of criterion D8C4 in the overall assessment of good environmental status for Descriptor 8 shall be agreed at regional or subregional level.

Annotations

Textual amendments

F1: Words in Annex 1 Pt. 1 Descriptor 8 inserted (31.12.2020) by The Marine Environment (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1399), reg. 1, Sch. 2 para. 5(a); 2020 c. 1, Sch. 5 para. 1(1)
F2: Words in Decision substituted (31.12.2020) by The Marine Environment (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1399), reg. 5(2); 2020 c. 1, Sch. 5 para. 1(1)

Footnotes

f1: Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties, including criminal penalties, for pollution offences (OJ L 255, 30.9.2005, p. 11).

Notes on Annex 1

Textual amendments

F1: Annex renumbered as Annex 1 (31.12.2020) by The Marine Environment (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1399), regs. 1, 12(1); 2020 c. 1, Sch. 5 para. 1(1)
F2: Words in Annex 1 substituted (31.12.2020) by The Marine Environment (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1399), regs. 1, 12(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

Notes on Part I

Footnotes

f1: When this Decision refers to a ‘descriptor’, this refers to the relevant qualitative descriptors for determining good environmental status, as indicated under the numbered points in Annex I to Directive 2008/56/EC.