D8 Contaminants
Concentrations of contaminants are at levels not giving rise to pollution effects
Descriptor 8 of the MSFD describes protection against the pollution of marine waters by chemical contaminants. The Descriptor is closely related to the activities under the Water Framework Directive (WFD) [2000/60/EU], which covers freshwaters and some marine waters. |
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Concentrations of contaminants are at levels not giving rise to pollution effects. |
Criteria |
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 Directive
2000/60/EC; (b) when contaminants under point (a)
are measured in a matrix for which
no value is set under Directive
2000/60/EC, the concentration of
those contaminants in that matrix established
by Member States 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.
Member States 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. Member
States shall establish these concentrations
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.
Member States shall establish those adverse
effects and their threshold values
through regional or subregional cooperation. D8C3 – Primary:
The spatial extent and duration of significant
acute pollution events are minimized. 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 minimized and, where
possible, eliminated. |
According to the WFD, pollutants mean 'any substance liable to cause pollution'. The definition adds 'in particular those listed in Annex VIII'. In addition, in the WFD, hazardous substances are defined as "substances (i.e. chemical elements and compounds) or groups of substances that are toxic, persistent and liable to bio-accumulate, and other substances or groups of substances which give rise to an equivalent level of concern". This definition is in line with the definition of hazardous substances used in Regional Sea Conventions (RSCs), like OSPAR and HELCOM. Moreover, the WFD defines priority substances as "substances identified in accordance with Article 16(2) and listed in Annex X". Among these substances there are priority hazardous substances, which means substances identified in accordance with Article 16(3) and (6) for which measures have to be taken in accordance with Article 16(1) and (8). As per Annex III of the MSFD, contaminants are synthetic compounds, non-synthetic substances and compounds, and radio-nuclides1. Therefore, the term "contaminant" relevant to the scope of Descriptor 8 of the MSFD encompasses hazardous substances, including priority substances and priority hazardous substances, but excludes three classes of pollutants from Annex VIII of the WFD, namely 'materials in suspension', 'substances which contribute to eutrophication (in particular, nitrates and phosphates)' and 'substances which have an unfavourable influence on the oxygen balance (and can be measured using parameters such as BOD, COD, etc.)'. These are covered under other Descriptors (namely 5). Pollution effects are deleterious effects, such as harm to living resources and marine ecosystems, including loss of biodiversity, hazards to human health, the hindering of marine activities, including fishing, tourism and recreation and other legitimate uses of the sea, impairment of the quality for use of sea water and reduction of amenities or, in general, impairment of the sustainable use of marine goods and services, which result or are likely to result from the direct or indirect introduction into the marine environment, as a result of human activity, of substances or energy (MSFD Art 3.8). Acute pollution events are events which can cause short time and severe pollution to the marine environment. They can be deliberate or accidental, e.g. illegal discharges and oil spills. Environmental quality standards (EQS) are concentrations of pollutants which should not be exceeded in order to protect human health and the environment, as established in the context of the WFD, and thereby represent criteria for assessing whether Member States are in compliance (WFD Article 2, paragraph 24). |