NWWAC warns against binding Marine Strategy Framework Directive targets, raising governance, threshold and fisheries policy concerns
Advisory Council Responds to MSFD Revision
The North Western Waters Advisory Council (NWWAC) has issued formal advice to the European Commission as part of the revision of the Marine Strategy Framework Directive (MSFD), warning against the introduction of binding threshold values without full scientific consensus and stakeholder consultation.
In its submission dated 10 February 2026, the NWWAC states that while it recognises the Directive’s role in creating an EU-wide framework for marine protection, significant governance weaknesses and implementation gaps remain . The Council argues that environmental ambition must not be pursued at the expense of socio-economic viability in the fishing sector.
Concerns Over Threshold Values
At the centre of the NWWAC’s concerns is the increasing use of quantitative threshold values linked to the MSFD’s 11 qualitative descriptors of “Good Environmental Status” (GES).
The Council warns that thresholds, initially introduced through Commission Decisions, are increasingly operating in practice as binding quantitative targets . It argues that this shift is taking place at administrative level, largely driven by DG ENV and national environmental administrations, without formal impact assessments or structured stakeholder consultation .
The advice questions the scientific robustness of current assessment methods, stating that fishing activity is often used as a proxy for poor biological status, particularly through pressure modelling based on VMS data . The NWWAC argues that this approach risks bias by isolating fishing pressure while other significant pressures remain insufficiently quantified .
It also highlights the Commission’s proposal to use 10% reference areas without anthropogenic pressure, raising concerns about representativeness, data gaps and the natural evolution of ecosystems .
Alignment with the Common Fisheries Policy
The NWWAC stresses that the MSFD and the Common Fisheries Policy (CFP) must remain mutually reinforcing, not hierarchically inverted .
While acknowledging that Descriptor 3 of the MSFD links directly to commercially exploited fish and shellfish stocks, the Council warns that fisheries management measures emerging from MSFD implementation should be designed primarily under the CFP framework .
The advice states that the CFP already provides the scientific and regulatory infrastructure underpinning marine assessments, including stock data, fishing mortality and spawning stock biomass indicators . It cautions that the CFP must not be reduced to a sectoral delivery tool for environmental policy.
Policy Coherence and Legislative Overlap
The submission identifies significant risks of overlap between the MSFD, the Nature Restoration Regulation, and the Birds and Habitats Directives .
According to the NWWAC, duplication of conservation objectives and parallel measures, particularly within Natura 2000 sites, creates administrative burden and uncertainty for stakeholders . The Council calls for streamlined planning, monitoring and reporting across frameworks to avoid fragmented governance .
Proportionality and Multi-Sector Pressures
The NWWAC argues that fisheries must not bear disproportionate responsibility for achieving GES .
The Directive’s updated Annex III identifies 31 activities affecting the marine environment, ranging from land reclamation and offshore construction to aquaculture, maritime transport and offshore renewable energy . Yet, the Council notes that current assessments remain heavily focused on bottom trawling impacts while other pressures lack quantified thresholds .
It calls for a “source-to-sea” approach aligned with the Water Resilience Strategy, addressing land-based pollution, river basin management and urban, industrial and agricultural sources . The Council also argues that climate change, currently only indirectly addressed within the MSFD framework, should be explicitly integrated, potentially through a dedicated descriptor .
Regional Implementation Challenges
The advice highlights inconsistencies in how Member States implement the MSFD within the North Western Waters region .
It notes differences between Ireland’s centralised model and France’s basin-level approach, arguing that regional specificities must be respected . The role of Regional Sea Conventions such as OSPAR is described as institutionally ambiguous, with coordination gaps persisting .
The NWWAC also stresses that achieving environmental objectives in the North Western Waters is unrealistic without structured cooperation with the United Kingdom, given shared maritime areas .
Funding and Practical Implementation
According to the Council, effective implementation is currently hindered by insufficient staffing and limited coordination between administrations .
It calls for sustainable financing, including the use of EMFAF funds, to support monitoring, innovation, gear adaptation and digitalisation of reporting systems .
The submission concludes that MSFD objectives and obligations must be communicated in clear and practical language, with short guidance documents available in national languages so that fishermen understand what is expected of them, which measures apply, and the relevant timelines .
Commission Review Underway
The revision of the MSFD was formally announced in June 2025 as part of the Water Resilience Strategy and the European Ocean Pact . A call for evidence was published in December 2025, outlining preliminary areas of action and possible policy measures .
The NWWAC states that its advice aims to ensure that regional fisheries perspectives are integrated into the revised legal framework .
Whether the Commission will recalibrate its approach to thresholds, governance balance and sectoral proportionality will become clearer as the legislative proposal for a revised Directive emerges.