Achieving good marine environmental status in the EU – Implications of the marine strategy framework directive for member states and blue economic activities

Abstract

The EU Marine Strategy Framework Directive (MSFD) aims to ensure clean, healthy, and productive oceans and seas as well as sustainable use of the marine environment for current and future generations. The legislation establishes the objective of good marine environmental status, to have been reached by 2020, and a procedural framework for adopting marine strategies in Member States towards that end. Yet, when implemented, the Directive failed to bring about good status in any of Europe’s marine regions by 2020 and to date has little impact in addressing pressures on the marine environment from adverse effects of blue economic activities. One key factor in this respect is the ambiguity of the substantive obligations that the MSFD places on Member States regarding national marine policies and the legal potency of the obligations with respect to permissibility and controls of blue economic activities. Based on a legal doctrinal analysis of the legislation, the article finds that the MSFD could have significantly more teeth when it comes to steering marine policies and controlling activities than has been the case thus far, but this would require increased efforts in national implementation and in enforcement of the Directive by the European Commission.