Geoscience Reference
In-Depth Information
mandatory environmental assessment of proposed actions.
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The
rst is
by making the monitoring of activities and systemic conditions in gen-
eral obligatory with a view to increasing knowledge and understanding
of ecosystems, to enable adaptation to change in ecological conditions,
and to allow responsiveness to unexpected systemic reactions. The
second is to require both that research, monitoring and assessment be
conducted for examination of whether measures for controlling activ-
ities are adequate and, if monitoring data indicates that they have failed
to improve ecosystem health or, indeed, to halt ecological degradation,
that consideration be given to adopting new and more exacting
constraints.
The three grounds for requiring in law that monitoring be conducted
and that action be taken in response to new data under a system of
ecological governance are considered below. In doing so, I draw from
provision made in existing legal systems for generating information with
a view to conserving or improving the condition of ecosystems.
7.3.1 Increasing knowledge and understanding
of ecosystems
Legal provision can be made to promote an ongoing improvement in our
understanding of ecosystems by obliging the institutions responsible for
directing the production of ecological information to draw up pro-
grammes of research and monitoring. Requirements that these pro-
grammes be maintained and revised as necessary can also be used to
ensure that the responsible institutions keep under review whether
measures taken for ecological protection can be improved upon in
light of increased knowledge of how ecosystems function.
The importance of building a solid foundation of information for
ecological governance is recognised in the EU
'
s Marine Strategy
Framework Directive. This requires that
an analysis of the essential
features and characteristics, and current environmental status
'
'
of
European waters be conducted as a
rst step in devising a strategy for
their protection.
31
However, the 2012 completion date for this, with
updating to follow only at intervals of 6 years following its completion,
30
Chapter 5,
Sections 5.3.5
and
5.4
.
31
Council Directive 2008/56/EC of 17 June 2008 establishing a framework for community
action in the
eld of marine environmental policy (
'
Marine Strategy Framework
Directive
'
), [2008] OJ L 164/19, Article 8(1)(a).
