Force majeure: Will climate change affect our ability to attain Good Environmental Status for marine biodiversity?

Abstract The EU Marine Strategy Framework Directive (MSFD) requires that Good Environmental Status (GEnS), is achieved for European seas by 2020. These may deviate from GEnS, its 11 Descriptors, targets and baselines, due to endogenic managed pressures (from activities within an area) and externally due to exogenic unmanaged pressures (e.g. climate change). Conceptual models detail the likely or perceived changes expected on marine biodiversity and GEnS Descriptors in the light of climate change. We emphasise that marine management has to accommodate ‘shifting baselines’ caused by climate change particularly during GEnS monitoring, assessment and management and ‘unbounded boundaries’ given the migration and dispersal of highly-mobile species. We suggest climate change may prevent GEnS being met, but Member States may rebut legal challenges by claiming that this is outside its control, force majeure or due to ‘natural causes’ (Article 14 of the MSFD). The analysis is relevant to management of other global seas