MINISTERIAL DECLARATION OF THE FIFTH
INTERNATIONAL CONFERENCE ON THE PROTECTION OF THE NORTH SEA
BERGEN, NORWAY 20–21 MARCH 2002
The Ministers responsible for the protection of the environment of the North
Sea and the Member of the European Commission responsible for environmental
protection (hereafter the Ministers) met in Bergen on 20 and 21 March 2002 for
the Fifth North Sea Conference in the presence of observers from
Intergovernmental Organizations and Non-governmental Organizations:
REAFFIRMING the political commitments made
at the four preceding North Sea Conferences, in Bremen (1984), London (1987),
the Hague (1990) and in particular the Esbjerg Conference in 1995;
REAFFIRMING the Statement of Conclusions, in particular the Guiding Principles
and the Management Objectives, arising from the Intermediate Ministerial
Meeting on the Integration of Fisheries and Environmental Issues (IMM 97) in
Bergen 13–14 March 1997;
WELCOMING the major progress that has been
made on many of the issues identified for action at the Fourth North Sea
Conference and at the IMM 97, through the developments recorded in Annex 1 and
in the Progress Report;
WELCOMING the Statement of the 9th Trilateral Governmental Wadden Sea
Conference (October 2001) to the Fifth North Sea Conference as a valuable
contribution to the preparation of this declaration;
CONSCIOUS that there is still need to be concerned about pollution from
hazardous substances, eutrophication and the direct and indirect effects of
fisheries, as described in the OSPAR 2000 Quality Status Report for the Greater
North Sea and the Progress Report, while RECOGNIZING that a number of relevant
substances are already subject to stringent European and comparable national
regulations;
CONCERNED about the effects that climate change may have on the North Sea
ecosystem and the threat it may pose to the population living on the North Sea
coasts and EMPHASIZING the need to develop safe renewable energy solutions, and
RECOGNIZING that questions relating to climate change are appropriately
regulated under international agreements dealing specifically with this
question, but ACKNOWLEDGING that actions taken at a local, regional and
national level can also influence the effects of climate change at a global
level;
RECOGNIZING the leadership that the European Union, Norway and Switzerland have
demonstrated in the Kyoto climate negotiations and the key role that the
renewable energy resources of the North Sea could play in reducing impact on
climate;
CONSCIOUS of the need to take an integrated ecosystem approach to the
management of human activities affecting the North Sea as a priority and
WELCOME as a valuable contribution the declaration from the FAO conference on
responsible fisheries in the ecosystem context in Reykjavik October 2001;
CONSCIOUS also of the need for an exchange of information and cooperation in
the planning processes and the development of the North Sea;
ACKNOWLEDGING the need to involve regional and local authorities, organizations
and other stakeholders in the planning and decision-making processes;
COMMITTED, individually and jointly, fully towards the protection and
conservation of the North Sea environment and, where practicable, restoration
of areas which have been adversely affected;
AGREE that there is a need for continuous action to achieve a sustainable,
sound and healthy North Sea ecosystem;
HAVE ADOPTED the following declaration:
I Establishing an Ecosystem Approach to Management
1. The Ministers recognize the need to manage all human activities that
affect the North Sea, in a way that conserves biological diversity and ensures
sustainable development.
2. The Ministers therefore agree to implement an ecosystem approach by
identifying and taking action on influences which are critical to the health of
the North Sea ecosystem. In particular, they agree that management will be
guided by the conceptual framework set out in Annex 2, which includes:
· the development of general and operational environmental goals;
· best use of available scientific and technical knowledge about the
structure and function of the ecosystem;
· best use of scientific advice;
· integrated expert assessment;
· coordinated and integrated monitoring;
· involvement of all stakeholders; and
· policy decisions and control and enforcement.
3. To implement an ecosystem approach in line with this framework the Ministers
will:
i) develop focused research and information gathering which address the
driving forces of North Sea ecosystems va riability, including climatic,
biological and human factors, which are critical for maintaining ecosystem
structure and function and invite ICES, Global Ocean Ecosystem Dynamics
(GLOBEC) and other relevant scientific organizations and programmes to consider
the priority science issues from the Scientific Expert Conference in Bergen
20–22 February 2002;
ii) recognize the need for shared integrated expert advice and
assessments of the North Sea, including marine resources, environmental and
socio-economic factors, and invite OSPAR in cooperation with EU and ICES to
propose how this might be undertaken at periodic intervals involving
stakeholders and to take the first steps;
iii) develop a strategy for achieving dialogue with all relevant stakeholders
for the development and implementation of the ecosystem approach, including
through the use of existing national and international forums;
iv) improve the coordination, harmonization and efficiency of current
national and international monitoring to serve the assessment processes,
including building on the OSPAR Joint Assessment and Monitoring Programme and
relevant EU monitoring programmes;
v) make appropriate policy decisions, including integration of
environmental protection into all sectors, implement the corresponding
management actions and ensure proper control and enforcement to deliver an
ecosystem approach; and
vi) make use of ecological quality objectives (EcoQOs) as a tool for
setting clear operational environmental objectives directed towards specific
management and serving as indicators for the ecosystem health.
4. For delivering an ecosystem approach for the North Sea, the Ministers stress
the importance of developing a coherent and integrated set of Ecological
Quality Objectives. Therefore they welcome the progress that is being made
within OSPAR and ICES to develop operational ecological quality objectives. To
progress this work, the Ministers agree that:
i) the issues and their related elements listed in Annex 3 Table A are the set
for which ecological quality objectives (EcoQOs) will be developed. These
EcoQOs will include both the desired level of ecological quality and baselines
against which progress can be measured;
ii) the ecological quality baselines will be established for each element,
either by utilizing baselines already agreed (e.g. fish stock assessments), or
by developing new baselines. EcoQOs must not permit any worsening of existing
conditions;
iii) the EcoQOs for each of the elements listed in Annex 3 Table B will be
applied as a pilot project for the North Sea. By 2004, EcoQOs for the remaining
elements will be developed and applied within the framework of OSPAR in
coordination with the development of marine indicators in the EEA and
environmental objectives in the EU Water Framework Directive. This work will
include agreement on the procedures necessary for the sound application of the
EcoQOs;
iv) the pilot project will:
a) assess the information that is, or can be
made, available in order to establish whether the EcoQOs are being, or will be,
met. Where the EcoQOs are not being met, the information will be used to
determine the reason. Costs and practicability should be taken into account in
deciding what information can be made available;
b) where an EcoQO is not being met, review any policies and practices which are
contributing to that failure; and
c) if need be, reconsider the formulation of such EcoQOs;
v) coherent monitoring arrangements will be
established, in order to enable progress towards meeting the EcoQOs to be
assessed. These arrangements will be integrated into the OSPAR Joint Assessment
and Monitoring Programme;
vi) OSPAR 2005 should be invited to review progress, in collaboration with ICES
and other relevant bodies, with the aim of adopting a comprehensive and
consistent scheme of EcoQOs and to report on this to the North Sea Ministers;
and
vii) thereafter, the value, use and practicability of the scheme of EcoQOs
should be periodically reviewed by OSPAR, in cooperation with ICES and other
relevant bodies.
II Conservation, Restoration and Protection of Species and Habitats
5. The Ministers welcome the significant contributions that have been
made to conserve, restore and protect the species and habitats of the North
Sea. However, the Ministers recognize the need for further action in order to
ensure the conservation, restoration and protection of the biological diversity
of the North Sea and its ecosystems.
6. The Ministers reaffirm the agreement within OSPAR to promote the
establishment of a network of marine protected areas to ensure the sustainable
use, conservation and protection of marine biological diversity and its
ecosystems and note the progress within OSPAR to develop draft guidelines for
the identification and selection of marine protected areas[1] as well as draft guidelines for their management. In
order to promote the establishment of a representative network of marine
protected areas in the North Sea, the Ministers:
i) urge OSPAR and the European Union to assess whether measures to protect
marine areas complementary to existing measures, or other relevant
international or national commitments, are necessary to ensure the conservation
of the ecosystem and biodiversity in the North Sea; and
ii) support the efforts to improve the existing cooperation between OSPAR and
the EU, i.e. by promoting a coordination of their site-protection measures.
7. The Ministers agree that by 2010 relevant areas of the North Sea will be
designated as marine protected areas belonging to a network of well-managed
sites, safeguarding threatened and declining species, habitats and ecosystem
functions, as well as areas which best represent the range of ecological and
other relevant character in the OSPAR area.
8. The Ministers encourage OSPAR and the EEA to start the marine habitat
mapping by 2003. The Ministers further recognize the need for further development
of the European Nature Information System marine habitat classification system
to meet the requirements for mapping and assessment of the conservation status
of marine habitats in the North Sea and wider OSPAR area and encourage the
current work within OSPAR in this field.
9. The Ministers of the EU Member States confirm that they will fulfil their
obligations under the EU Habitats and Wild Birds Directives to protect species
and nominate sites for the NATURA 2000 network without delay and implement
management plans as soon as possible, and
i) invite the competent authorities to study the practicability of the
application of the EU Wild Birds and Habitats Directives beyond the territorial
seas of EU Member States to the limits of their offshore jurisdiction;
and
ii) develop and – while taking into account existing international
guidelines – adopt guidelines on how marine Special Protected Areas and
Special Areas of Conservation can contribute to the conservation, restoration
and protection of species and habitats.
10. Recognizing that the release of genetically modified marine organisms is an
emerging issue in the North Sea owing to the inherent, potentially severe,
irreversible and transboundary effects, and the need to apply the precautionary
principle, the Ministers agree to take all possible actions, in accordance with
the requirements of the Directive 2001/18/EC and comparable national
legislation, to ensure that the culture of genetically modified marine
organisms is confined to secure, self-contained, land-based facilities in order
to prevent their release to the marine environment.
11. Taking account of article 8h of the Convention on Biological Diversity
(CBD) and ongoing international work in this field, the Ministers agree to take
action, as far as possible and as appropriate, to reduce the risk and minimize
adverse effects on ecosystems, habitats or naturally occurring species arising
from the introduction or release of non-indigenous species, including:
i) in the case of intentional introductions to develop and implement, where
necessary, systems of approval based on the Precautionary Principle and
environmental impact assessments to ensure confinement of potentially invasive
non-indigenous organisms and associated biota, taking account of the ICES Code
of Practice on Introductions and Transfers of Marine Organisms; and
ii) in the case of unintentional introductions, to take action at the earliest
possible stage with the aim of preventing the firm establishment of the
introduced species.
12. The Ministers invite OSPAR:
i) to investigate how to best monitor introduced invasive non-indigenous
and genetically modified organisms;
ii) to develop a database on non-indigenous species aiming at detecting species
which have the potential of adversely affecting the North Sea ecosystems and
their biodiversity and may also entail economic damage;
iii) to develop an appropriate system of risk assessment and risk
profiles connected with relevant human activities (e.g. shipping and
aquaculture) in particular regions and localities; and
iv) to examine how best to prevent, control or eradicate, as appropriate,
the introduction of harmful invasive species in the OSPAR region or to control
or eradicate genetically modified organisms which after their release adversely
affect the marine environment, and develop relevant measures, taking into
account the results of ongoing work of other international organizations such
as IMO and CBD.
III Sustainable Fisheries
13. The Ministers are concerned by the fact that the majority of the
commercially important fish stocks in the North Sea are outside “safe
biological limits”[2] . The Ministers are also concerned about the fact
that some non-target species and the physical environment are also threatened
from excessive fishing pressure. This may put populations and habitats in
danger, reduce biodiversity and affect the productivity of ecosystem.
14. The Ministers reaffirm the need, requested at the Fourth North Sea
Conference and at the IMM 97, to further reduce, without delay, the capacity of
the fishing fleet and the deployed fishing effort to levels which sustain
available fisheries and environmental resources and ecosystem function.
15. Achieving a balance between sustainability and fishing effort in the
North Sea must not lead to excessive fishing effort elsewhere. The Ministers
invite the competent authorities to establish a management regime for deep sea
fisheries in the North East Atlantic and implement it on the basis of ICES
advice and following a precautionary approach.
16. In order to rebuild fish stocks, the competent authorities are
invited to:
i) establish Total Allowable Catch (TAC) levels consistent with scientific
catch recommendations based on the precautionary principle;
ii) use their best endeavour to restore and keep stocks above the level of the
precautionary reference points (Bpa) as soon as possible; and
iii) extend the TAC regime and other management measures to species which are
unregulated at present, and improve the existing regimes for stocks extending
beyond the North Sea.
17. The Ministers urge the competent authorities to establish, and following
consultations with all relevant stakeholders, target reference points for all
the stocks specified in the Annex to the IMM 97 Statement of Conclusions by
2004 (with the exception of ling, blue ling and tusk for which target reference
points should be established by 2007), and at the same time to determine the
action to be taken if they are not met.
18. The Ministers invite the competent authorities to further develop and
implement recovery plans and to ensure, by a multi-species approach, that a
recovery plan for one target species does not impact on other species (e.g. by
displacement of effort from a closed area).
19. The Ministers agree that fisheries policies and management should move
towards the incorporation of ecosystem considerations in a holistic,
multiannual and strategic context. While the transition towards a full
ecosystem approach to fisheries management should be progressive and
concomitant with the enhancement of scientific knowledge, the Ministers are
convinced that the current state of scientific knowledge, coupled with a sound
application of the precautionary principle, allows the immediate setting of
certain environmental protection measures.
20. The Ministers invite the competent authorities to give high priority
to research and studies allowing a better understanding of the structure and
functioning of marine ecosystems and contributing to the operational
application of an ecosystem approach to fisheries management.
21. While recognizing the progress achieved in elucidating the effects of
different fisheries on the ecosystem, as suggested in the 1997 IMM, the
Ministers encourage the appropriate authorities, in dialogue with the fishing
industry and other relevant stakeholders, to continue these assessments,
extended to all fishing activities, including industrial fisheries. On the
basis of the above-mentioned assessments, Ministers encourage the appropriate
authorities to promote those fishing activities having less impact on the
ecosystem.
22. The Ministers invite the competent authorities to consider the
establishment of a North Sea Regional Advisory Committee comprising relevant
stakeholders, to provide joint advice for decision-making on the management of
North Sea fisheries. The Ministers furthermore invite the authorities to
consider the progress made by the North Sea Commission Fisheries
Partnership.
23. In order to rebuild fish stocks, the Ministers acknowledge the need
to protect juveniles through further development of adequate methods of
selection. Recalling § 8.4 of the Statement of Conclusions of the IMM 97,
the Ministers note that with regard to closed areas little progress has been
made so far. Therefore, they urge the competent authorities to establish the
legal means necessary for the closure of areas at short notice whenever
unforeseen concentrations of juveniles are found.
24. In addition, the Ministers request the competent authorities to
identify additional areas to be closed permanently or temporarily to fishing
activities for the protection of juvenile fish. Such closures should then be
implemented and regularly assessed to ensure that they are effective for stock
recovery.
25. The Ministers are concerned about the high incidence of by-catch and
discards in the fisheries. The Ministers agree that adequate data and
information on by-catch and discards are indispensable in order to allow the
further improvement of the selectivity of fishing gears, improvements towards a
sustainable management of fisheries and an enhancement of the basis for the
multi-species and ecosystem approaches. To the effect that such measures have
not yet been taken, the Ministers therefore urge the competent authorities to
introduce an adequate monitoring of and reporting on by-catch and discards.
26. The Ministers invite the competent authorities to consider measures, such
as harmonization of regulations for by-catch and discards in the North Sea,
joint and co-ordinated control measures both at sea and at landing of catch,
permanent or temporary closure of areas with a high incidence of unwanted
by-catch and/or discards.
27. The Ministers urge the competent authorities to introduce, as soon as
possible, further measures suitable to prevent highgrading[3] , and to the extent possible reduce unwanted
by-catch. They also reaffirm the requirement, made at the IMM 97, to
investigate the ecological and economic effects of, and the practicability of,
applying a discard ban. Where beneficial results can be expected, and on a
pilot basis, the competent authorities should consider the establishment of a
discard ban for certain fisheries.
28. While recognizing the important steps taken to improve the selectivity of
fishing gear and the positive role played therein by the fishing industry, the
Ministers urge the competent fisheries authorities to take all necessary
measures to minimize incidental catches and/or damage of non-target organisms.
Such measures should include, inter alia, improvement of gear selectivity and
area restrictions. When re-designing fishing gear, due consideration should
also be given to minimizing habitat disturbance.
29. As an interim objective, the Ministers agree to aim at reducing the by-catch
of harbour porpoises below 1,7% of the best population estimate. On the same
basis the Ministers agree on a precautionary objective to reduce by-catches of
marine mammals to less than 1% of the best available population estimate, and
urge the competent authorities to develop specific limits for the relevant
species. In this context, the Ministers welcome the initiative taken at the 9th
Trilateral Wadden Sea Conference to further improve gill-net fishery practices
in order to reduce by-catch of marine mammals and birds.
30. Furthermore, the Ministers will develop and adopt, as soon as
possible and in cooperation with all competent authorities, a recovery plan for
harbour porpoises in the North Sea.
31. The Ministers reaffirm their request at the IMM 97 to the competent
authorities to facilitate research on undisturbed areas and invite countries to
establish on the basis of scientific advice by 2004, individually or in
cooperation and on a pilot basis, undisturbed areas of significant size.
32. The Ministers reaffirm the need, raised at the IMM 97, to minimize any
adverse effects of stock enhancement and sea ranching, by developing strategic
objectives and regulations to ensure that these activities are under adequate
control and undertaking environmental impact assessments of all such
operations.
33. The Ministers note that the aquaculture sector will require specific
actions in order to ensure full integration of environmental protection
requirements and that the sector is very dependent on conservation of marine
biodiversity for further research and development. In this context the
Ministers acknowledge the guidelines developed by NASCO (the North Atlantic
Salmon Conservation Organization) in cooperation with the salmon farming
industry in the North Atlantic on Containment of Farmed Salmon with the
objective to minimize escapes and NASCO’s plan of action for habitat
protection and restoration. The Ministers invite the competent authorities to
develop and implement the guidelines given in the FAO Code of Conduct for
Responsible Fisheries in the field of aquaculture, in particular on the
reduction of environmental impact.
34. The Ministers recognize that eco-labelling schemes may offer an
interesting market- and information-based tool to promote sustainable fishing
practices. They invite the competent authorities and all stakeholders to ensure
that eco-labelling schemes provide objective and verifiable information to the
consumer and that their certification methods are equitable, transparent,
scientifically-based and fully accessible to the fisheries industry.
35. The Ministers invite all states with relevant fisheries in the North Sea to
cooperate in the design and implementation of national plans of action in the
context of the FAO International Plans of Action on:
i) Management of fishing capacity.
ii) Reduction of incidental by-catch of seabirds in long-line fisheries.
iii) Conservation and management of sharks.
iv) Prevent, deter and eliminate illegal, unregulated and unreported
fishing.
35. bis The Ministers note that the current process of reforming the EU
Common Fisheries Policy presents a major opportunity to integrate environmental
protection requirements into the principles, objectives and operational
procedures of fisheries management. The Ministers urge the competent
authorities to make progress to this end and offer their full cooperation to
facilitate this.
IV Reducing the Environmental Impact from Shipping
36. The Ministers note with pleasure progress within IMO, the EU and the Bonn
Agreement on a number of issues arising from the Esbjerg Declaration. However,
the Ministers recognize that further action is needed both internationally and
nationally in order to prevent pollution from shipping activities in the North
Sea.
37. The Ministers call upon all North Sea States that have not yet done so, to
ratify the relevant international and regional instruments or legislation for
shipping. In particular, the Ministers:
i) urge North Sea States to become parties to the 1996 HNS convention pending,
for Member States, the EU Council decision on this issue; and
ii) call upon all North Sea States that have not yet done so to urgently ratify
the Protocol of 1996 to Amend the Convention on Limitation of Liability for
Maritime Claims, 1976.
38. Although, when these various instruments have come into force, progress
will have been made with regard to compensation of victims of marine pollution,
some problems will remain. The Ministers therefore agree:
i) to make coordinated efforts within IMO to review, strengthen and introduce,
if appropriate, further compensation and liability regimes; and
ii) to encourage the continuation of the work to further develop the
International Fund for Compensation for Oil Pollution Damage (IOPC), in order
to establish appropriate compensation for the cost involved in restoring
environmental damages.
39. The Ministers agree to cooperate actively in order to improve the
implementation of relevant international and regional instruments or
legislation related to shipping.
40. The Ministers agree on the need for greater cooperation between North Sea
States and at the EU level to enforce the internationally agreed rules and
standards for the prevention, control and reduction of pollution from ships and
the need to increase detection of illegal discharges and the need to improve
the investigation and prosecution of offenders, and
i) will take initiatives to create a network of investigators and
prosecutors to improve the understanding of cooperation in the different stages
of the enforcement process and welcome Sweden’s offer to convene by the
end of 2002 an initial meeting of North Sea prosecutors and investigators
involved in this work;
ii) urge all North Sea States to ensure that the investigators,
prosecutors and others involved in the enforcement process in their systems are
aware of each other’s requirements and welcome the Bonn Agreement Manual
on Oil Pollution at Sea – Part 2 on Effective Prosecution of Offenders
– Guidelines on International Cooperation;
iii) invite the Bonn Agreement (Agreement for cooperation in dealing with
pollution of the North Sea by oil and other harmful substances, 1983) to
explore the scope for co-operation with other relevant bodies, such as HELCOM,
the Barcelona Convention Protocol on Emergencies and the Lisbon Agreement;
and
iv) welcome Ireland’s intended accession to the Bonn Agreement.
41. To prevent, reduce and mitigate adverse effects on the ecosystem and indigenous
species from the introduction and transfer on non-indigenous species via
ships’ ballast water and sediments, the Ministers agree;
i) to actively support the development of the International Convention
for the Control and management of Ships’ Ballast Water and Sediments, and
work towards its finalization in 2003, and its rapid entry into force;
ii) to take coordinated action within IMO to establish adequate
mitigation and control measures for the North Sea under the framework of the
coming pre-said IMO Convention, and to support OSPAR work on regional matters
regarding ballast water;
iii) to take urgent coordinated steps to reduce the problem of spreading
of non-indigenous invasive organisms to and within the North Sea in accordance with
international law and in order to fully implement IMO Guidelines (Resolution
A.868(20)), in the light of the forthcoming International Convention for the
Control and Management of Ships’ Ballast Water and Sediments, and decide
upon national and/or regional measures by, if possible, the end of 2004 taking
into account the progress within IMO. Such measures could, inter alia, include
monitoring programmes, information exchange, early warning systems, combating
actions, control and enforcement; and
iv) to enhance and support actively research on and the development of
treatment technologies, decision support systems, and other issues related to
preventing the spreading of non-indigenous organisms via ships ballast water
and sediments and to cooperate in those activities.
42. The Ministers agree to support the revision by 2004 of Annex II (chemicals)
to MARPOL 73/78 including strengthening of the discharge requirements for all
generations of chemical tankers.
43. The Ministers note with pleasure the decision to designate the North Sea as
a sulphur emission control area under MARPOL Annex VI, and welcome the European
Commision’s initiative to develop a community strategy to reduce air
pollution from ships. The Ministers agree:
i) to take immediate steps to ratify MARPOL Annex VI in order to promote
a rapid entering into force of the Annex and once in force to work together in
strengthening of the global cap for sulphur content in marine fuel oil towards
1.5%, and strengthening the IMO NOx requirement;
ii) to participate actively in IMOs work on mitigating the impact of shipping
on climate change;
iii) to, in collaboration with the EU, investigate, develop and implement where
appropriate, regional mechanisms, including economic instruments, to reduce air
pollution from shipping in the North Sea area as a supplement to the IMO regime
on air pollution; and
iv) to encourage harbour authorities to examine the feasibility of making
available convenient and cost effective on shore facilities for energy
provision to reduce local emissions to air from ships in harbours.
44. The Ministers recognize that ship recycling is a major issue to be
addressed, both from the environmental as from the social point of view. The
Ministers wish to emphasize their concern and their willingness to contribute
to making ship recycling an environmentally sound activity.
45. The Ministers will actively support the coordinated work on ship recycling
in the relevant international fora, with the aim of:
i) developing, as soon as possible, international standards under ILO for
the protection of workers engaged in dismantling operations;
ii) adopting in 2003 adequate international safety and environmental measures
regarding recycling of ships under IMO, with the aim of developing a future
mandatory regime;
iii) adopting in 2002 international guidelines under the Basel Convention for
the environmentally sound dismantling of ships; and
iv) supporting the implementation of the agreed international framework on
recycling of ships under the auspices of the relevant UN bodies.
46. The Ministers affirm their commitment to the implementation of the
provisions of the International Convention on the control of Harmful
Antifouling Systems on Ships adopted in 2001, and anticipating the European
Commission proposals on regulation of organotin antifoulants, the
Ministers:
i) request industry representatives to negotiate an immediate end to the
marketing, sale and application of organotin coatings by their members;
and
ii) agree to develop by 2004 a North Sea strategy for the further reduction of
the harmful effects of other antifouling systems, involving all interested
stakeholders, identifying the need for measures through the convention, and/or
supplementary regional measures.
47. The Ministers acknowledge that new approaches and mechanisms are
needed to minimize the impact of shipping on the environment, and agree:
i) to explore and develop the concept of vessels designed, constructed
and operated in an integrated manner to eliminate harmful discharges and
emissions throughout their working life (the “Clean Ship”
approach). This approach will address all vessel operations and possible
impacts on the environment and consider amongst other strategies the use of
recycling, waste prevention and closed-loop process. The first stage of this
work, compiling a comprehensive specification of the parameters of the
“Clean Ship” and establishing a system for monitoring progress
towards fulfilment of the concept, will be reported on by 2004;
ii) to explore introducing economic or other incentives in order to improve the
environmental performance of shipping, by rewarding quality ships and as far as
possible harmonize such incentive schemes, and to promote this concept
internationally, in particular within IMO, and include the establishment of
global criteria for incentive schemes and other environmental differentiating
schemes; and
iii) to initiating programmes to
improve the environmental awareness of the maritime community, for example by
introducing marine environment awareness courses.
48. The Ministers support the initiative of the 9th Trilateral Governmental
Conference on the Protection of the Wadden Sea to submit a trilateral
application to the IMO for the designation of a Particularly Sensitive Sea Area
(PSSA) in the Wadden Sea.
49. The Ministers emphasize that potentially polluting wrecks should be
cleaned-up or removed, in particular if otherwise they might hamper or endanger
other legitimate uses of the sea. They therefore encourage the continuation of
work with IMO to finalize the development of an International Convention on
Wreck Removal aiming at its adoption in the biennium 2004/2005.
V The Prevention of Pollution from Hazardous Substances
50. The Ministers note with satisfaction the major progress made since the
Fourth North Sea Conference in protecting the marine environment against
hazardous substances. The “one generation” target of the Esbjerg
Declaration has been recognized within OSPAR and in the European Union giving
it increased importance. Progress also includes further achievements in meeting
the 50% and 70% reduction targets established or confirmed by the London, the
Hague and Esbjerg Declarations, and further limitations on the marketing and
use of some of these substances. For a large number of the substances these
have now been met – in particular, for most North Sea States, the 70%
reduction targets for mercury, lead and cadmium.
51. The Ministers further note that, in particular, both the OSPAR Strategy
with regard to Hazardous Substances and the EU Water Framework Directive
provide effective means for the identification of hazardous substances that
threaten, respectively, the marine environment and fresh, transitional and
coastal waters. This includes the important aspects of identifying those
substances which, although not meeting the full set of criteria for
persistence, toxicity and liability to bioaccumulate, give rise to an
equivalent level of concern as addressed in the OSPAR strategy. These include
endocrine disrupters, and some metals and substances which, though not
necessarily meeting the toxicity criterion, are persistent and
bioaccumulative.
52. However, the Ministers recognize that some significant targets on specific
substances still remain to be met. For most substances where the 50% reduction
target has not been met by all countries, actions are underway in the EU
framework that may lead to the achievement of the target. Therefore, the
Ministers will take into account the non-achievement of the 50% reduction
target in the present and future work.
53. The Ministers further recognize that a large number of chemicals which are
either known to be hazardous or for which the intrinsic effects are largely
unknown are still entering the North Sea. The Ministers welcome that this
knowledge gap will be addressed in the new EU chemicals policy, and that
industry should have the responsibility to generate and supply the information
on the intrinsic properties of these hazardous substances.
53. bis: As the one-generation target is the focus of future work, the
Ministers recognize that further efforts are required to meet the target of the
cessation of emissions, discharges and losses of hazardous substances to the
marine environment by 2020 with the ultimate aim of achieving concentrations in
the North Sea near background values for natural occurring substances and close
to zero for man-made synthetic substances. The Ministers acknowledge that this
is addressed in the OSPAR strategy on hazardous substances and the EU Water
Framework Directive. The presence of hazardous substances in consumer products
can lead to substantial diffuse pollution during their life cycle. The
Ministers recognize the need for work to identify what action may be needed to
tighten control on the use of hazardous substances in consumer products, and
agree that to this end their use should be addressed as a priority issue in the
reform of the EU chemicals policy and the development of the EU integrated
product policy.
53. ter: Recalling the request of the Gothenburg Summit in June 2001 for the EC
chemicals strategy to be concluded by 2004, the Ministers urge the European
Commission to accelerate the work on the proposals of the strategy.
54. The Ministers emphasize the principle of substitution[4] of hazardous substances with safer and preferably
non-hazardous alternatives or the use of alternative processes as important
tools for risk reduction and risk management, and agree that new initiatives on
substitution are needed to address concerns about products, processes and
diffuse sources. To support industry work on substitution, the Ministers
therefore agree to develop and support further initiatives. Such initiatives
should:
i) in addition to industry, involve all other relevant stakeholders,
environmental non-governmental organizations and representatives of
consumers;
ii) address both processes and products with regard to their full life
cycle;
iii) ensure availability to users, including consumers, of information on
the hazards and risks presented to human health and the environment by
hazardous substances, and to the presence of such substances in consumer
products so that they are in a position to make an informed choice;
iv) be based on applying an integrated product policy to minimize hazards
and risks throughout the production, use and disposal of products (including
waste minimization and increased re-use or recycling);
v) request industry to seek for safer alternatives to hazardous
substances; and
vi) promote and facilitate the identification and development of such safer,
and preferably non-hazardous alternatives where they do not currently
exist.
Taking these issues forward should be done within OSPAR, the Organization for
Economic Co-operation and Development (OECD) and in particular in the European
Union, which should have a main role.
55. In the context of the OSPAR strategy the Ministers invite OSPAR to develop
an effective and efficient monitoring and assessment process for the chemicals
selected for priority action, in order to demonstrate publicly, clearly and
transparently whether and how progress towards the cessation of discharges,
emissions and losses is being achieved. The monitoring and assessment process
should draw on the experience gained in the implementation of the Water
Framework Directive and with the application of the newly developed Harmonised
Quantification and Reporting Procedure for Hazardous Substances (HARP-HAZ
prototype). It should provide for periodic assessment of progress for the
chemicals selected for priority action towards the “one-generation”
target, and the publication of such assessments.
56. Recognizing the need for further work to follow up the commitments in the
Esbjerg Declaration on pesticides, the Ministers:
i) invite the European Union to use the criteria and principles established for
hazardous substances in the evolving EU chemicals policy in its forthcoming
review of pesticides legislation;
ii) agree to ratify both the LRTAP POPs protocol and the Stockholm Convention
on Persistent Organic Pollutants as soon as possible and to apply these instruments
to pesticides, as well as to other chemicals, which meet the criteria
established in those instruments;
iii) agree to promote the application of OSPAR Recommendations 2000/1
(agricultural use of pesticides) and 2000/2 (amenity use of pesticides) by
pesticide-users in their countries, and recognize the contribution to be made
by organic agriculture to reducing pesticide use; and
iv) invite the European Union to accelerate the review within the framework of
Directive 91/414/EEC of those 19 pesticides given in ED annex 2, appendix 1
(which have been detected in the North Sea or might pose a risk to the marine
environment) for which these reviews have not been finalized.
VI The Prevention of Eutrophication
57. With regard to the reduction of anthropogenic nutrient inputs to the North
Sea, the Ministers note the achievement of the 50% reduction target for
phosphorus inputs by most countries and further progress towards achieving the
50% reduction target for nitrogen and reaffirm their commitment to reach that
target.
58. However, the Ministers note with considerable disappointment that progress
with regard to the reduction of nitrogen is still substantially behind
schedule. This is amongst others due to the delays in implementing the Council
Directive 91/676/EEC concerning the protection of waters against pollution
caused by nitrates from agricultural sources and, to a regionally varying
extent, delays in implementing the Council Directive 91/271/EEC concerning
urban waste water treatment or delays in equivalent national measures.
59. The Ministers therefore:
i) commit themselves to achieve full implementation of the nitrates, urban
waste water directives, and the water framework directive or equivalent
national measures and to meet the target of the OSPAR Strategy to Combat
Eutrophication, i.e. to achieve by 2010 a healthy marine environment where
eutrophication does not occur, by:
a) employing preventive measures in respect
of potential problem areas where applicable;
b) taking action to reduce further nutrient losses from agriculture, where this
will reduce eutrophication, by promoting good farm management and by, amongst
others:
- directly limiting fertilization to such amounts as required, given available
nutrients in the soil and given the established nutrient demand of the crop,
based on realistic and verifiable yield expectations for the local
conditions;
- stimulating and promoting the implementation of this approach in practice,
training, education and advisory programmes and in research;
- making every endeavour to reduce nutrients surpluses where coastal and marine
waters are found to be eutrophic, or may become eutrophic, or where groundwater
contains or could contain more than 50 mg l-1 NO3 or, where at lower concentrations
there is a significant and sustained upward trend;
- promoting, where it embraces the abovementioned management practices, organic
farming and other strategies towards sustainable agriculture; and
- significantly reducing the use of fertilizer based on a broader and deeper
application of agri-environment measures according to Council Regulation (EC)
1257/1999 on support for rural development from the European Agricultural
Guidance and Guarantee Fund (EAGGF), or equivalent national measures;
c) making use of strengthened 2nd Nitrates action programmes or equivalent
national monitoring programmes;
d) urging the competent authorities to make extensive use of the measures under
the EU Agenda 2000 and further supporting an increased commitment to environmental
measures in the future review of the Common Agricultural Policy. The Ministers
will also strengthen the integration of environmental objectives for the marine
environment in the further development of the national agricultural policies;
and
e) providing relevant agglomerations with appropriate treatment facilities (to
remove nutrients) taking into account the catchment areas of eutrophic water
bodies and water bodies which may become eutrophic if protective action is not
taken. In doing so, special attention will be given to fulfilling the
requirements on nitrogen removal;
ii) note the relevant efforts of the
European Commission to enforce the full implementation of these two nutrients
related directives; and
iii) call upon OSPAR to complete the initial application in 2002 of the
Common Procedure to identify problem areas, potential problem areas and
non-problem areas with respect to eutrophication in the North Sea.
VII The Prevention of Pollution from Offshore Installations
60. The Ministers note that considerable progress has been made within OSPAR in
relation to the prevention of pollution from offshore installations. The
Ministers note in addition that some combustion and waste incineration plants
on offshore installations are covered by Council Directive 96/61/EC concerning
Integrated Pollution Prevention and Control. These plants are required by 2007
at the latest to take preventive measures against pollution, apply BAT and use
energy efficiently.
61. The Ministers realize that further work is necessary to prevent pollution
caused by discharges and emissions from offshore installations. The Ministers
therefore invite OSPAR to pursue the implementation of the measures already
adopted and:
i) to investigate further the extent and effects of pollution caused by
the hazardous, natural components of produced water (such as aromatic
hydrocarbons, including PAH, endocrine disruptive substances, and heavy
metals), and to develop appropriate descriptions of BAT and BEP for the minimization
of pollution from those components by 2006;
ii) to review techniques for the reduction of the volume of produced
water discharged into the sea (e.g. injection, downhole separation or water
shut-off) and/or a reduction of concentrations of oil and other harmful
substances in produced water, and to adopt appropriate measures;
iii) to study the effects of energy emission on the marine environment
(such as noise on cetaceans) and, if appropriate, to adopt measures on
abatement techniques;
iv) to continue to promote the use of management mechanisms to achieve
environmental goals, including reporting on their effectiveness;
v) to encourage stakeholder involvement in, and transparency in reporting of,
the environmental aspects of offshore activities;
vi) to promote where practicable the use of vapour recovery equipment during
the offshore ship-loading of crude oil;
vii) to further improve reporting requirements and request harmonized reporting
of discharges of chemicals to the maritime area; and
viii) to study the long term effects of discharges in the vicinity of offshore
installations on the species and habitats of the North Sea.
The Ministers also realize that further work is necessary to assess the long
term effects of discharges on the species and habitats of the North Sea and
urge the states to cooperate in this field.
62. The Ministers invite the oil and gas industry to consider the market
potential for renewable energy, in particular offshore wind, within the North
Sea and to further the existing co-operation with the offshore renewable energy
industry with respect to the sharing of information, technology and
infrastructure.
63. The Ministers urge the competent authorities to ensure that the oil and gas
industry as part of the decommissioning process, take appropriate action to
remove from the site any lost equipment or other debris. The Ministers note the
research undertaken by the oil and gas industry to identify the best options
for dealing with drill cutting accumulations, which is currently under
consideration by OSPAR.
The Ministers further urge the competent authorities to ensure that appropriate
action is taken with regard to disused sub-marine cables and pipelines, so that
they will not hamper or endanger other legitimate uses of the sea, that
appropriate measures are taken for monitoring any cables and pipelines left in
place, and that the person responsible for such cables or pipelines is
identified.
VIII The Prevention of Pollution by Radioactive Substances
64. Recognizing the concern about a potential accident during the transport of
radioactive material by sea, the need to protect the environment and human
health, and the socio-economic importance of the North Sea, and noting with satisfaction
that the International Atomic Energy Agency General Conference in 2001 called
for further efforts to examine and improve measures and international
regulations relevant to the international maritime transport of radioactive
materials, and welcoming the publication by the International Atomic Energy
Agency of a technical document (IAEA TECDOC 1231) which concludes that the
risks of maritime transport in type B packages of highly radioactive material
are very small, stressing the importance of having effective liability
mechanisms in place and the work done with the revision of the Paris Convention
on Third Party Liability in the field of nuclear energy, which is aimed at
providing for a better system of indemnification in the event of a nuclear accident,
the Ministers:
i) urge North Sea States shipping radioactive materials and spent fuel,
consistent with the International Atomic Energy Agency’s Resolution
GC(45)/RES/10, to provide, as appropriate, assurances to potentially affected
states, that their national regulations accord with the International Atomic
Energy Agency’s Regulations for the Safe Transport of Radioactive
Material and welcomes the practice of some States and operators of undertaking
timely consultations[5] with relevant coastal states in advance of shipments
and invites others to do so, ensuring that the information provided is not
contradictory to the measures of physical security and safety;
ii) urge states and operators shipping radioactive materials to minimize
pollution risks;
iii) call for further efforts, at the international, regional, sub-regional and
bilateral levels, to examine and further improve measures and international
regulations relevant to the international maritime transport of radioactive
materials consistent with international law recalling maritime rights and
freedoms as provided for in the United Nations Convention on the law of the sea
(UNCLOS), and;
iv) agree to consider the issue of maritime transport of radioactive material
at the ministerial meeting on the environmental impacts of shipping to be held
in Sweden in 2006 at the latest.
65. Recognizing the need to address ongoing releases of radioactive substances
to the marine environment, of which discharges from reprocessing facilities
represents the main part, noting the concerns expressed by a number of North
Sea States about Technetium discharges from Sellafield and their view that
these discharges should cease, and further noting that such concerns will be
addressed by the UK in its forthcoming decision concerning the future
regulation of Technetium discharges from Sellafield, the Ministers welcome the
adoption of the OSPAR Strategy with regard to Radioactive Substances, which
provides for progressive and substantial reductions of discharges, emissions
and losses of radioactive substances, and the programme for a more detailed
implementation of the strategy, and
i) agree that the progressive reduction of discharges from nuclear facilities
is necessary for the effective implementation of this strategy;
ii) urge that national plans are implemented with a view to organize a
progressive decline in discharges;
iii) encourage relevant North Sea States to continue their efforts to
strengthen measures to minimize the risk of releases of radioactive substances
from nuclear facilities resulting from any kind of accidents; and
iv) encourage relevant North Sea States to evaluate the options for spent fuel
management after current reprocessing contracts have come to an end;[6]
v) request OSPAR to evaluate further the progress made in achieving progressive
and substantial reductions in discharges at its ministerial meeting in
2003.
IX Promotion of Renewable Energy
66. The Ministers welcome the development of renewable energy technology,
inter alia, offshore wind energy, that has the potential to make a significant
contribution to tackling the problems of climate change. They agree to take
action in order to exploit this potential fully and safely, taking into account
the global and European commitments linked to the Kyoto protocol. Other
technologies, such as wave power, may have a role in the future.
67. The Ministers from the EU Member States affirm their commitment to
implement the EU Directive 2001/77 on renewable energy as part of their
commitment in the Kyoto protocol on climate change.
68. In order to ensure a consistent and coherent approach to future
developments of offshore wind energy, which, inter alia, takes account of
environmental, and nature-conservation issues, the Ministers:
i) encourage the competent authorities to develop indicative guidance on areas
suitable for offshore wind energy developments, taking account of local wind
conditions, ecological importance, shipping, the possibility of connections to
national electricity grids and other users of the North Sea;
ii) agree that offshore wind energy parks should be developed taking account of
environmental impact data and monitoring information as it emerges and taking
account of exchange of information and experience provided through the spatial
planning processes;
iii) note that the stage of development of offshore wind energy gives the
opportunity to apply the precautionary principle from the outset; and
iv) stress that in particular Strategic Environmental Assessments provide the
opportunity to evaluate both the potential for cumulative impacts on the marine
environment from offshore wind development and the potential positive benefits
of renewable energy in combating global climate change.
69. The Ministers further invite OSPAR in cooperation with the European
Union:
i) to develop a comprehensive set of criteria to assist competent authorities
when deciding on applications for the development of offshore wind energy
installations; and
ii) to develop a description of best available techniques for the location,
construction, operation and removal of offshore wind energy parks with a view
to facilitating their development and to protect the marine environment.
X Marine Litter and Waste Management
70. The Ministers express their concern about the fact that, despite the
wide range of measures taken in recent years, marine litter is still causing
environmental, safety and economic problems to marine and coastal environments,
as well as to coastal communities in the North Sea States.
71. The Ministers agree that litter can only be addressed by efforts from
all sectors of society. The Ministers therefore:
i) emphasize the importance of the role of the voluntary sector, particularly
in mounting clean-up campaigns, information activities and educational projects
(such as Beachwatch, Coastwatch and Adopt-a-beach), and welcome their
contribution;
ii) in relation to litter from land-based sources, such as tourism/recreation,
sewage, and waste landfills, invite organizations concerned with promoting
tourism, managing waste disposal and encouraging the public not to create
litter to review their programmes to see if there are further projects which
could be developed to reduce marine litter by changing public attitudes;
iii) note with interest the project conducted in co-operation between a number
of Dutch fishermen and Dutch authorities under which litter caught in trawls is
brought back to port where it can be unloaded free of charge for safe disposal,
and draw the attention of the relevant authorities in other North Sea States to
this fruitful cooperation as a possible model for wider cooperation in this
field;
iv) commit themselves to giving priority, within their national programmes to
combat litter, to projects that effectively address the problems of marine
litter (such as the Save the North Sea Project) and, where appropriate, to
supporting them within the framework of the EU INTERREG IIIB North Sea
initiative; and
v) in relation to litter from the maritime transport sector and offshore
installations, invite the operators to review the provisions of their
environmental management systems to see how they can better control
litter.
72. The Ministers commit themselves to implement the EC Port Reception
Facilities Directive, and strive for a coordinated approach in the future. They
agree to evaluate the different approaches in the meanwhile taking into account
experience of the Baltic Sea States (“No Special Fee System”
– 100%”) and experience of other North Sea States. They agree to
set up mechanisms that work as an incentive to deliver all ship-generated waste
ashore, and to exchange information on the adequacy and use of such facilities,
through a harmonized system of reporting. The Ministers invite the Helsinki
Commission with participation of the North Sea States to initiate the
evaluation and deliver a report in time for the next meeting in Sweden.
XI Cooperation in the Process of Spatial Planning in the North Sea
73. The Ministers are aware of the potential conflicts between the requirements
for conservation and restoration of the marine environment and the different
human activities in the North Sea. The cumulative effects of the uses of the
sea and seabed on the ecosystems and their biodiversity are of increasing
concern to the North Sea States, in particular in relation to the conservation
of the Natura 2000 network and other areas of ecological significance.
In order to prevent and resolve the potential problems created by such
conflicts, the Ministers agree that the strengthening of cooperation in the
spatial planning processes of the North Sea States related to the marine
environment will be required.
74. The Ministers therefore invite OSPAR within the framework of its
biodiversity strategy:
i) to establish the current state of the uses of the North Sea and to improve
arrangements for the exchange of information and national experiences in the
spatial planning processes of the North Sea States and to make use of INTERREG
IIIB North Sea Programmes;
ii) to investigate the possibilities for further international
cooperation in planning and managing marine activities through spatial planning
of the North Sea States taking into account cumulative and transboundary
effects; and
iii) to consider the possibilities for improving environmental assessment
of human activities in the marine environment, taking into account existing
legal requirements.
75. The Ministers agree that, given the important role of regional governments
and local authorities in this field, future arrangements should ensure their
close cooperation in an appropriate manner, as well as the involvement of other
stakeholders.
76. The Ministers agree to facilitate research on the direct and indirect
effects of infrastructural activities on both the North Sea ecosystem and on
other users of, and activities in, the North Sea.
XII Future Cooperation
77. In the spirit of the initiatives launched at Bremen, London, The Hague, and
Esbjerg, the Ministers are resolved to identify and follow up issues in need of
political commitment. The Ministers affirm that the flexibility and openness,
in combination with the political impetus triggered by the legacy of the North
Sea Conference, has resulted in considerable progress.
77. bis In doing so, the Ministers acknowledge that for some issues the North
Sea process can efficiently be continued in an equally fruitful way but on a
much broader geographical scale in other fora such as OSPAR, and the EU’s
thematic strategy on the protection and conservation of the marine environment
of European seas. Therefore the Ministers ask for the exploration of this
issue.
77. ter The Ministers consider that only a limited number of overarching thematic issues may require a specific geographical focus on the North Sea and that such issues include, for example, issues such as the environmental impact of shipping and, in the long run, questions of spatial planning.
78. The Ministers welcome the offer
from Sweden to host a ministerial meeting by 2006 at the latest. This meeting
will focus on the environmental impacts of shipping and environmental
consequences of fisheries. In this context the Ministers:
i) agree that it is valuable to continue the cooperation of the North Sea
States to adjust to overarching social and political changes, as well as
influencing organizations and other institutions, like OSPAR and the IMO;
ii) agree that the Committee of North Sea Senior Officials (CONSSO) should
serve as a contact network and facilitate the preparations for the ministerial
meetings; and
iii) note that Sweden will arrange for a secretariat to prepare and support the
meetings that are deemed necessary and actively contribute to furthering the
North Sea process.
79. The Ministers conclude that:
i) it is desirable to develop new methods which stimulate flexible and
open dialogue between government representatives, industry, environmental
non-governmental organizations and other parts of civil society, including
local and regional government in order to facilitate the protection of the
marine environment in the North Sea at as many levels as possible;
ii) cooperation applying a bottom-up approach should be explored so as to
enable the active participation of local and regional stakeholders. The stakeholder
proposals on objectives, measures and strategies would consequently be fed into
the political process, bringing about ministerial declarations that engender
automatic local and regional support; and
iii) there is a need to develop a platform for the instigation of such an
approach. The cooperation between North Sea States would be suitable to provide
this platform. The Ministers emphasize that such a process requires committed
participation, involvement and support from stakeholders as well as organizations
such as OSPAR and others. The Ministers call upon observers to share the lead
responsibilities for the preparation of the specific topics of shipping that
will be addressed at the Ministerial Meeting.
80. The Ministers agree to create a network of prosecutors and
investigators to improve the enforcement of internationally-agreed rules and
standards for the prevention, reduction and control of pollution from vessels
(see paragraph 40 i). The Ministers therefore:
i) welcome Sweden’s offer to convene by the end of 2002 an initial
meeting of North Sea prosecutors and investigators involved in this work and to
host any subsequent such meetings;
ii) invite Sweden to nominate a chairman for
these meetings;
iii) recommend that such meetings should collaborate with similar processes
within the framework of the Helsinki Convention; and
iv) agree to support the provision by the OSPAR Secretariat of support services
for such meetings.
81. With a view to safeguard the fulfilment of the commitments agreed in the
North Sea Conference declarations, the Ministers invite OSPAR in cooperation
with the EU to facilitate a periodic follow-up to this effect involving all
interested stakeholders and following the arrangements already established in CONSSO.
82. The Ministers agree to continue to explore ways of working with other
countries to achieve levels of protection for the marine environment comparable
with those established for the North Sea, and in particular they reiterate the
support for the Global Programme of Action for the Protection of the Marine
Environment from Land-based Activities that they expressed in November 2001 in
Montreal.
83. The Ministers further agree to invite Norway to take forward the results of
this conference to the preparations of the World Summit on Sustainable
Development to take place in Johannesburg in August/September 2002 and to the
6th Conference of the Parties to the Convention on Biological Diversity.
1 Within the framework of the United Nations Convention on the Law of the Sea any uses that are not in conflict with conservation objectives are allowed in a marine protected area.
2 A stock “outside safe biological limits” suffers increased risk of low recruitment, i.e. average recruitment will be lower than if the stock were at its full reproductive capacity.
3 “Highgrading” refers to a practice whereby fishermen catch more than is necessary, in order to sort the most valuable components of the catch with the resulting discarding of the remainder.
4 While Germany is committed to the substitution of hazardous by less hazardous substances where suitable alternatives are available, this is being done on a case by case basis rather than on the basis of an indiscriminate general principle.
5 The UK already provides timely information and will continue to do so.
6 France attaches great importance to evaluation, which are an integral part of its own national strategy in the field of energy policy but cannot endorse the paragraph 65 iv), considering that the North Sea Conference is not the appropriate forum to address this issue.
MINISTERIAL DECLARATION OF THE FIFTH INTERNATIONAL CONFERENCE ON THE PROTECTION OF THE NORTH SEA
BERGEN, NORWAY 20–21 MARCH 2002
ANNEX 1
THE MAIN INTERNATIONAL AND EUROPEAN UNION INITIATIVES IN PROTECTING THE NORTH
SEA 1995–2001
PROGRESS
GENERALLY
PROGRESS ON THE PROTECTION OF SPECIES AND HABITATS IN COASTAL AND OFFSHORE AREAS
PROGRESS ON FISHERIES
PROGRESS ON THE PREVENTION OF POLLUTION FROM SHIPS
PROGRESS ON THE PREVENTION OF POLLUTION BY HAZARDOUS SUBSTANCES
PROGRESS ON THE REDUCTION OF NUTRIENT INPUTS TO THE NORTH SEA
PROGRESS ON THE PREVENTION OF POLLUTION FROM OFFSHORE INSTALLATIONS
PROGRESS ON THE MANAGEMENT OF RADIOACTIVE SUBSTANCES, INCLUDING WASTE
PROGRESS ON PROMOTION OF RENEWABLE ENERGY
The EU Directive 2001/77 on renewable energy
ANNEX 2
A conceptual framework for an Ecosystem Approach[7] to the management, protection and restoration of the North Sea. Stakeholders, along with scientists, managers and politicians, should be involved at different stages of the decision process to promote openness, transparency and responsibility.

ANNEX 3
TABLE A
Ecological Quality (EcoQ) is defined as “An overall expression of the structure and function of the marine ecosystem taking into account the biological community and natural physiographic, geographic and climatic factors as well as physical and chemical conditions including those resulting from human activities.”
Ecological Quality Elements: are the individual aspects of overall Ecological Quality.
An Ecological Quality Objective (EcoQO): is the desired level of an ecological quality (EcoQ). Such a level may be set in relation to a reference level.
|
Issue |
Ec Ecological quality element |
|
1. Commercial fish species |
(a) Spawning stock biomass of commercial fish species |
|
2. Threatened and declining species |
(b) Presence and extent of threatened and declining species in the North Sea |
|
3. Sea mammals |
(c) Seal population trends in the North Sea (d) Utilisation of seal breeding sites in the North Sea (e) By-catch of
harbour porpoises |
|
4. Seabirds
|
(f) Proportion of oiled Common Guillemots among those found dead or dying on beaches (g) Mercury concentrations in seabird eggs and feathers (h) Organochlorine concentrations in seabird eggs (i) Plastic particles in stomachs of seabirds (j) Local sand-eel availability to black-legged Kittiwakes (k) Seabird
populations trends as an index of seabird community health |
|
5. Fish communities |
(l) Changes
in the proportion of large fish and hence the average weight and average
maximum length of the fish community
|
|
6. Benthic communities |
(m) Changes/kills in zoobenthos in relation to eutrophication (n) Imposex in dog whelk (Nucella lapillus) (o) Density of sensitive (e.g. fragile) species (p) Density of
opportunistic species |
|
7. Plankton communities |
(q) Phytoplankton chlorophyll a (r) Phytoplankton
indicator species for eutrophication |
|
8. Habitats |
(s) Restore and/or maintain habitat quality |
|
9. Nutrient budgets and production |
(t) Winter
nutrient (DIN and DIP) concentrations
|
|
10. Oxygen consumption |
(u) Oxygen |
TABLE B
|
Ecological quality element |
Ecological quality objective |
|
(a) Spawning stock biomass of commercial fish species |
· Above precautionary reference points8 for commercial fish species where these have been agreed by the competent authority for fisheries management |
|
(c) Seal population trends in the North Sea |
· No decline in population size or pup production of ≥10% over a period of up to 10 years |
|
(e) By-catch of harbour porpoises |
· Annual by-catch levels should be reduced to levels below 1.7% of the best population estimate |
|
(f) Proportion of oiled Common Guillemots among those found dead or dying on beaches |
· The proportion of such birds should be 10% or less of the total found dead or dying, in all areas of the North Sea |
|
(m) Changes/kills in zoobenthos in relation to eutrophication9 |
· There should be no kills in benthic animal species as a result of oxygen deficiency and/or toxic phytoplankton species. |
|
(n) Imposex in dog whelks (Nucella lapillus) |
· A low (<2) level of imposex in female dog whelks, as measured by the Vas Deferens Sequence Index |
|
(q) Phytoplankton chlorophyll a9 |
· Maximum and mean chlorophyll a concentrations during the growing season should remain below elevated levels, defined as concentrations > 50% above the spatial (offshore) and/or historical background concentration |
|
(r) Phytoplankton indicator species for eutrophication9 |
· Region/area - specific phytoplankton eutrophication indicator species should remain below respective nuisance and/or toxic elevated levels (and increased duration) |
|
(t) Winter nutrient concentrations (Dissolved inorganic nitrogen (DIN) and dissolved inorganic phosphate (DIP)9 |
· Winter DIN and/or DIP should remain below elevated levels, defined as concentrations > 50% above salinity related and/or region-specific natural background concentrations |
|
(u) Oxygen9 |
· Oxygen concentration, decreased as an indirect effect of nutrient enrichment, should remain above region-specific oxygen deficiency levels, ranging from 4-6 mg oxygen per liter |
7 ICES working definition of Ecosystem Approach: Integrated management of human activities based on knowledge of ecosystem dynamics to achieve sustainable use of ecosystem goods and services, and maintenance of ecosystem integrity.
8 In this context, "reference points" are those for the spawning stock biomass, also taking into account fishing mortality, used in advice given by ICES in relation to fisheries management.
9 The ecological quality objectives for elements (m), (q), (r), (t) and (u) are an integrated set and cannot be considered in isolation. ICES will give its further advice during the implementation phase.