WP 4 Act. 4.1: Holistic management of the Adriatic Sea

Transcription

1 REGIONE DEL VENETO WP 4 Act. 4.1: Holistic management of the Adriatic Sea Approaching to a common and legally binding MSP in Adriatic area: an integrated analysis of the legal framework, policies and planning instruments Action 4.1 Final Report 15 May 2013 External Expert: Thetis S.p.A.

2 Index List of Acronyms Introduction Policy and legal framework European Union Policies Integrated Maritime Policy (IMP) and Maritime Spatial Planning (MSP) The Coastal Zone Policy (CZP) The Biodiversity Policy (BP) The Common Fisheries Policy (CFP) EU legal instruments The Marine Strategy Framework Directive (MSFD) The Water Framework Directive (WFD) The EU nature legislation The Strategic Environmental Assessment (SEA) and the Environmental Impact Assessment (EIA) Directives Integrated Coastal Zone Management Recommendation The Marine Strategy Framework Directive links with other European Environmental Directives Proposal for a Directive on ICZM and MSP The Mediterranean sea: international conventions and regional initiatives United Nations Convention on the Law of the Sea (UNCLOS) The Convention of Environmental Impact Assessment in a Transboundary Context (Espoo) The UN Environmental Regional Seas Programme The EU Environmental Strategy for the Mediterranean Maritime Spatial Planning in the Mediterranean Sea The Adriatic sea: agreements and strategy Trilateral Commission for the protection of the Adriatic The Adriatic Ionian Initiative The Forum of Adriatic and Ionian Cities The Adriatic Euroregion Initiative pag. 2/216

3 2.5.5 Maritime Strategy for the Adriatic and Ionian Seas Main cooperation programmes Analysis at the national regional level Italy National level Implementation level of IMP and MSP Implementation level of MSFD Other legislative and planning tools International agreements Italy Regional level Veneto Region Emilia Romagna Region Abruzzo region Puglia Region Croatia Implementation level of IMP and MSP Implementation level MSFD Other legislative and planning tools Other managing tools and international projects International agreements Slovenia Implementation level of IMP and MSP Implementation level of MSFD Other legislative and planning tools International agreements Bosnia Herzegovina Legal aspects International agreements Albania Implementation level of IMP, MSP and MSFD Other legislative and planning tools International agreements Montenegro Implementation level of IMP and MSP pag. 3/216

4 3.7.2 Implementation level of MSFD Other legislative and planning tools International agreements Maritime Spatial Planning: Adriatic sea integrated analysis and conclusions Maritime jurisdiction and international agreements Institutional and legal framework at the national level Conclusive remarks References pag. 4/216

5 List of Acronyms AE = Adriatic Euroregion AII = Adriatic Ionian Initiative ANCI = Associazione Nazionale Comuni Italiani - Italian National Association of the Municipalities AP = Action Plan BAP = Biodiversity Action Plan BD = Birds Directive BP = Biodiversity Policy BS = Biodiversity Strategy CBD = Convention on Biological Diversity CFP = Common Fishery Policy CEA = Croatian Environmental Agency CITES = Convention on International Trade in Endangered Species CMR = Center for Marine Research CNR = Italian National Research Council CZP = Coastal Zone Policy COM = Communication DTM = Digital Terrain Model EC = European Commission EEA = European Environment Agency EEZ = Exclusive Economic Zone EFPZ = Ecological and Fishery Protection Zone EIA = Environmental Impact Assessment ENPI = European Neighbourhood and Partnership Instrument EMFF = European Maritime and Fisheries Fund EMODNET = European Marine Observation and Data Network EPZ = Ecological Protection Zone EU = European Union FAO UN = Food and Agriculture Organization of the United Nations GBS = Gravity Based Structure GEF = Global Environmental Fund GES = Good Environmental Status pag. 5/216

6 GFCM = General Fisheries Commission for the Mediterranean HD = Habitat Directive ICCAT = International Commission for Conservation of Atlantic Tunas ICZM = Integrated Coastal Zone Management IMO = International Maritime Organization IMP = Integrated Maritime Policy IPPC = Intergovernmental Panel on Climate Change ISMAR = Institute of Marine Science ISPRA = Istituto Superiore per la Protezione dell Ambiente Higher Institute for Environmental Protection and Research ITLOS = International Tribunal for the Law of the Sea LNG = Liquefied Natural Gas LOSC = UNCLOS MATTM = Italian Ministry of the Environment, Land and Sea MCSD = Mediterranean Commission on Sustainable Development MPA = Marine Protected Area MAP = Mediterranean Action Plan MARPOL = International Convention for the Prevention of Pollution from Ships MSFD = Marine strategy Framework Directive MSP = Maritime Spatial Planning MSSD= Mediterranean Sustainable Strategy Directive ROPME = Regional Organization for the Protection of the Marine Environment SAC = Special Areas of Conservation SCI = Site of Community Importance SEA = Strategic Environmental Assessment SIBM = Marine Biology Italian Society SIC = Sito d Importanza Comunitaria, i.e. Site of Community Importance in Italian SPA = Special Protected Area UNCLOS = United Nation Convention on the Law of the sea UN = United Nation UNCED = United Nations Conference on Environment and Development UNDP = United Nations Development Programme UNECE = United Nations Economic Commission for Europe UNEP = United Nation Environmental Programme pag. 6/216

7 ZPS = Zone di Protezione Speciale; Special Protected Area in Italian ZTB = Zona di Tutela Biologica; Area of Biological Protection WFD = Water Framework Directive WSSD = World Summit on Sustainable development pag. 7/216

8 1 Introduction The sea is a complex ecosystem that cuts across administrative borders. It is subject to considerable pressures from sectors such as fishing, aquaculture, shipping and marinas, energy, harbours facilities, tourism. These uses compete each other for vital space, threatening some of the most sensitive and precious habitats. To face these conflicts and mitigate the environmental impacts, it is necessary to make a holistic analysis supporting the development of coherent pictures and the creation of spatial plans, examining the issue of the needed integration among different policy tools. The EU Recommendation of 30 May 2002 on Integrated Coastal Zone Management encourages a strategic approach to assure the sustainable development of coastal areas. Following the EU Recommendation, Member States begun to use ICZM to regulate the spatial deployment of economic activities and to set up spatial planning systems for Europe s coastal waters. Nevertheless, there is still a lack of experience, instruments, tools and capacities available to the policy makers and practitioners to implement these recommendations. At the beginning of 2008, 14 Mediterranean Countries signed the ICZM Protocol, in the framework of the Barcelona Convention and the Mediterranean Action Programme, marking a milestone in the implementation process of ICZM; on December 2008 also the EU signed the ICZM Protocol. Subsequently in 2009 the European Union signed the protocol. Finally it entered into force on the 24 March 2011 after Syria ratification, becoming binding for all the contracting parties. On June 2008 the Commission adopted the Marine Strategy Framework Directive to promote the sustainable development of the seas and the protection of the marine ecosystems. The marine environment strategy and the EU ICZM policy are also enclosed in the general context of the Integrated Maritime Policy, launched through the EU Communication 10 October 2007 (Blue Book) and defined to develop some of the strategic goals of the EU, which are formulated through the Lisbon strategy. The IMP calls for Maritime Spatial Planning (Road Map for MSP, 2008) to allocate marine space in a rational manner and thus to arbitrate between different sectoral or user interests. This approach requires the consideration of ecological and socio-economic aspects, in line with the EU Sustainable Development Strategy (COM(2001) 264 final). Consequently, all maritime uses have to be managed in an integrated way that is in compliance with a healthy ecosystem. The sustainable management of the sea and maritime spatial planning need to be adjusted to the specific characteristics of the sea and multiple dimensions. The Marine Strategy Framework Directive, the environmental pillar of IMP, expressly recognizes the importance of manage the sea on a regional basis, highlighting the importance of cooperation across bordering countries. Marine region and sub region are defined taking into account hydrological, oceanographic and biogeographic features. Maritime spatial planning must operate in three dimensions by simultaneously addressing activities that take place on the sea bed, in the water column and on the surface. Achieving consistency between land use and maritime planning systems is a challenge. Coastal zones are the hinge between maritime and terrestrial development. Drainage areas or land-based impacts from activities such as agriculture and urban growth are relevant in the pag. 8/216

9 context of MSP. This is why land spatial planning should be coordinated with MSP (COM(2008) 791 final). Recognising the complementarity and the need to achieve coherence between the ICZM and MSP policies, in March 2013 the European Commission adopted a draft proposal for a Directive establishing a common framework to further promote MSP and ICZM. ). The Commission proposal will be considered by the Council of the European Union and the European Parliament. Once adopted, the new initiative will become EU law and will have a binding role for EU Member States. The proposed legislative instrument will require Member States to establish integrated coastal zone management strategies and develop maritime spatial plans. All these instruments, contribute to reach the commitments deriving from the Integrated Maritime Policy for the protection and management of the marine environment and provide operators with improved predictability for their planning of future investments. The above mentioned EU policies, as well as the Communication on Integrated Maritime Policy in the Mediterranean (2009), are the basis of SHAPE Project, which aims at the sustainable development of the Adriatic Region strengthening the protection and enhancement of the marine and coastal environment, setting-up of a multilevel and cross-sector governance system assuring the rational use of the Adriatic Sea and its resources and able to solve conflicts among different uses. In line with the indications given by the European institutions, the proposed approach will allow to reach a high level of coherence and complementarity between planning in coastal areas and planning in maritime spaces, binding ICZM and MSP. Projects specific objectives are to: make human activities in coastal and marine areas more sustainable; manage conflicts among concurrent uses and support the decision-making process; strengthen the role of ICZM in the whole Adriatic region and to prepare the ground for National and local strategies; promote MSP in the Adriatic Region according to the EU key principles; reach an high level of coherence between planning in coastal areas and planning in maritime spaces, binding ICZM and MSP; fill the lack of adequate legal framework (such as integrated coastal strategies) and improve the existing tools; improve the capacity building of institutions and authorities responsible for coastal management and marine issues; ensure coordination among institutions and authorities responsible for coastal and sea management upgrading existing governance structures for better integration and cooperation; enhance the stakeholders involvement, the information flow among various stakeholders and to strengthen the links among actors and key institutions; improve the public participation process, through encouraging public participation in coastal management processes, and to increase the public awareness; pag. 9/216

10 share data and experience as a common base of knowledge allowing the coherent and conscious governance of the coastal and marine environment; develop a coherent picture of the Adriatic sea and contribute to the European Marine Observation and Data Network (EMODNET) and to the objectives of the Marine Framework Strategy; coordinate the activities in the Adriatic Sea with other initiatives in the European Seas and Oceans, allowing the creation of an European knowledge network; create an Adriatic network where put on the table specific experience and knowledge promoting synergies and avoiding duplications between different projects (especially the ones financed by the IPA CBC Adriatic Programme). The Shape project is structured in 5 Work Packages (Figure 1). Apart the horizontal ones, namely WP1 Project management and Coordination and WP2 Communication and Dissemination, three WPs have been defined to embrace all the technical activities at the core of the project: WP3 - Integrated Coastal Zone Management and WP4 - Shipping towards Maritime Spatial Planning, and WP5 Within Land and Sea. Figure 1-1 The Shape Project Structure. pag. 10/216

11 Due to the fact the project has itself an integrated methodology approach, it naturally goes with an integrated methodology of participation: it starts from the management, coordination and dissemination (WP1 and WP2) towards the real integrated coastal zone management with the effective implementation of the ICZM Protocol (WP3) strengthening its role in the Adriatic Region and preparing the ground for National and local strategies. This approach goes towards the activities of the WP4 for a future Maritime Spatial Planning to reach an high level of coherence between planning in coastal areas and planning in maritime spaces, binding ICZM and MSP and it ends within the WP5 with the definition of a common base of knowledge that develops a coherent picture of the Adriatic sea and contributes to EMODNET. WP3, WP4 and WP5 will be implemented contemporaneously, by a continuous exchange of outputs and results from one to another, ensuring in this way the real coherence among single activities. Work Package 4 aims at addressing MSP in the Adriatic sub-region, creating an ad hoc methodology for maritime planning and to test MSP at local scale by common data processing, mapping and developing pilot actions. To reach this objective WP4 in articulated in 5 actions addressing the following issues: Action 4.1 an holistic approach for a common Maritime Spatial Planning; Action 4.2 ecosystem assessment as the basis for MSP; Action 4.3 major issues analysis and maps creation for MSP; Action 4.4 Pilot Project for ICZM/MSP integration; Action 4.5 Development of a common methodology for MSP. The present report is the final output of action 4.1. Action 4.1 is focused on the application of an holistic approach for a Maritime Spatial Planning implementation and as a first step addresses the comparative and integrated analysis of the policies and legal framework concerning IMP, MSP and MSFD at European, Regional and sub-regional sea level (Mediterranean and Adriatic sea). Beside this introduction the report is structured in other 3 chapters: Chapter 2 illustrates the frame of reference in which MSP and MSFD occur, discussing the interlinks with other European policies and legislative tools directly related with sustainable development and environmental protection. Since the discussion cannot leave aside the international context, when useful, International Conventions and Regional and Sub-regional Initiatives (Mediterranean and Adriatic Sea level) are recalled. Chapter 3 is focused on how IMP, MSP and MSFD have been concretely implemented in terms of legislative instruments and planning tools in project partner countries and/or regions. Moreover, the analysis describes how other concretely implemented legislative and planning tools - related to the issues highlighted in chapter 2 can support IMP, MSP and MSFD. Chapter 4 intends to integrate information collected in previous chapters in order to develop An overall picture of the Adriatic sea highlighting synergies, gaps and conflicts among different legislative and planning tools in order to successfully implement MSP at the sub-basin scale. pag. 11/216

12 2 Policy and legal framework Coastal and marine ecosystems provide a variety of ecological functions that directly or indirectly translate to economic services and values to humans (MEA, 2003). For the most part, marine and coastal natural resources are renewable and if sustainably managed, they should provide continuing returns without diminishing their productivity. Indeed, for many of these resources, including fishing and tourism, efficient management and sustainable exploitation have been the exception rather than the rule (Remoundou et al., 2009). Resources have been depleted and have collapsed due to human pressures and climate change (IPCC, 2007; ESF, 2007), with economic and social consequences for humans. Increased activity within marine waters has led inevitably to growing competition for finite maritime space. Seas and oceans, once used only for surface shipping and fishing, are now subject to competing claims for space from a range of different sectors and stakeholders (MRAG et al., 2008). Static structures for energy production (oil and gas extraction, wind energy) compete with the needs of intensified shipping activity arising from more and ever larger vessels. Tourism uses and landscape values conflict with new port developments and infrastructure coastal defences that may be necessary to respond to climate change effects such as sea level rise and storm surges. Moreover the overall pressures caused by urbanization and economic growth in coastal areas, threatens the maritime space needed for the survival of marine ecosystems and habitats. At the European level, in the last decades, sectoral policies were developed to tackle unsustainable development trends with a geographic perspective (land, coastal areas and sea) and a thematic perspective (ecosystem quality, biodiversity protection, spatial planning). The past has shown that this can lead to the adoption of conflicting measures, which in turn have unintended consequences on the marine environment, or may impose disproportionate constraints on competing maritime activities (Schäfer, 2009). A fragmented way of policy making was the result. The challenge is to regulate or indeed plan these activities, overcoming the sectoral approach, furthermore integrating horizontally and vertically different agencies competences with their own specific legislative approach to the allocation and use of maritime space. Finally crossborder issues are to be taken into account since developments in one country (e.g. creation of a wind farm) may have implications for another country (e.g. visual impacts). In recent years the need for a more holistic approach was recognized and an overarching framework, the Integrated Maritime Policy, was developed in order to integrate sectorial issues with an ecosystem based management view. The IMP sets out a common framework for EU policies relating to maritime issues. It will not replace sector policies but will ensure that these sectoral policies are coherent and mutually reinforce each other. It aims to enhance Europe's capacity to face challenges imposed by e.g. globalisation, climate change, degradation of the marine environment, maritime safety and security, and energy security and sustainability (The Blue Paper, COM (2007) 575). The Integrated EU Maritime Policy is based on excellence in marine research, technology and innovation, and is anchored in the Lisbon and Gothenburg agendas which are the political foundation for the promotion of growth and jobs in a sustainable manner. pag. 12/216

13 IMP will focus its action in the following five areas: Maximising the Sustainable Use of the Oceans and Seas; Building a knowledge and innovation base for the maritime policy; Delivering the Highest Quality of Life in Coastal Regions; Promoting Europe's Leadership in International Maritime Affairs; Raising the Visibility of Maritime Europe. These actions will be guided by the principles of subsidiarity and competitiveness, the ecosystem approach, and stakeholder participation (The Blue Paper, COM (2007) 575). Sustainable development is at the heart of the Integrated EU Maritime Policy which is reflected by its holistic, cross-sectoral approach. An integrated governance framework as set out in this policy requires appropriate horizontal tools that help policy makers and economic and environmental actors to join up their policies, interlink their activities and optimize the use of marine and coastal space in an environmentally sustainable manner. Maritime Spatial Planning (MSP), together with maritime surveillance and a comprehensive and accessible source of data and information, is such a horizontal tool and therefore a key instrument for the implementation of the Integrated EU Maritime Policy. MSP helps public authorities and stakeholders to coordinate their action and optimize the use of marine space to benefit economic development and the marine environment. MSP is an integrated process that builds on the ecosystem-based approach. This approach requires the consideration of ecological and socio-economic aspects, in line with the EU Sustainable Development Strategy (COM(2001)264 final). Consequently, all maritime uses have to be managed in an integrated way that is in compliance with a healthy ecosystem. The main objective of MSP is to allocate marine space in a rational manner and thus to arbitrate between different sectoral or user interests. MSP is reaching beyond managing and protecting the marine environment (Schäfer, 2009). It seeks to integrate all relevant maritime sectors no sector is given priority over the other. Marine spatial planning regime seek to reconcile competing claims on the use of space and in doing so make use of plans and maps as well as zoning different areas for different purposes. The management process set up by MSP has to reflect the specific needs and challenges of a given sea area. Moreover to be effective, MSP must operate in three dimensions by simultaneously addressing activities that take place: (a) on the sea bed; (b) in the water column; and (c) on the surface (Figure 2-1). These activities are usually not independent from each other but permanently intertwined. MSP must however take account of both fixed structures, such as oil rigs and wind-farms, and temporary activities such as navigation (both surface and submarine) and capture fisheries (Figure 2-2). Finally the time dimension is of high importance in MSP which makes it in fact a four-dimensional process (Schäfer, 2009). The compatibility of uses and the resulting management need of a particular maritime region might significantly vary over time. This variation has to be taken into account when management decisions are made. pag. 13/216

14 Figure 2-1 Water column view of potential areas of spatial conflict between users. Red & black zones; Permanent conflict is created by the stakeholder. Green zones; Temporary conflicts arising between stakeholders, commonly an issue dealing with mobile stakeholders & their location (from MRAG et al., 2008). Figure 2-2 Plan view of potential areas of spatial conflict between users within the coastal zone, with EU legislative tools. Red zones; Permanent conflict is created by the stakeholder. Green zones; Temporary conflicts that arise between stakeholders, commonly an issue dealing with mobile stakeholders & their location (modified from MRAG et al., 2008). pag. 14/216

15 MSP can be implemented through various instruments of which zoning is only one possible option. Maritime spatial planning is a circular process that consists of the definition of development objectives, the assessment of the present situation for which the best available data and information should be used, stakeholder involvement, the transparent and participatory development of a maritime spatial plan, the implementation of this plan, enforcement measures, evaluation and subsequent revision or amendments. The following figure explains the different steps of the MSP planning process and its circular character. Figure 2-3 Planning Cycle developed by the BALANCE project (Source: Ekebom et al. 2008). In the European Union, the Integrated Maritime Policy envisages Marine Spatial Planning as an instrument for developing and implementing maritime policy; however, neither of the two actions is binding for States as yet. To this regard, as described by paragraph 2.3, in March 2013 the European Commission issued a proposal for a Directive establishing a framework for maritime spatial planning and integrated coastal zone management (COM(2013)133 final). The Commission proposal will now be considered by the Council of the European Union and the European Parliament. Once adopted, the new initiative will become EU law. The environmental pillar of IMP, the Marine Strategy Framework Directive (MSFD) is binding for Member States; it provides a cross-sectoral framework for marine management, having also a strong link to other binding legislative tools such as the Habitat Directive, the Water Framework Directive (Vivero and Manson, 2012). The Directive supports the implementation pag. 15/216

16 of MSP through the requirement that Member States have to achieve or maintain Good Environmental Status (GES) of the marine environment by It particularly asks EU Member States to develop marine strategies for their marine waters and to cooperate if they are sharing a marine region or sub-region (art. 5). Annex VI of the Directive explicitly mentions programmes of measures amongst which are management measures that influence where and when an activity is allowed to occur and tools to ensure that management is coordinated in other words MSP. For a detailed description of the MSFD principles and the links with other directives, included in particular the WFD (see prg and prg ). In the present chapter European Policies and their pillars (legislative acts or strategies), directly or indirectly concerning sea sustainable management, are described. Beginning with the Integrated Maritime Policy, the coastal zone policy, the biodiversity and fishery policies are recalled; to follow the Mediterranean framework for marine protection is presented with a focus on the Adriatic sea sub basin initiatives on cooperation. Major sources of information are the web sites of the European Commission, official EU documents, peer review articles and EU funded projects publications. 2.1 European Union Policies The legal and policy regulation of the sustainable management of the sea has multiple levels. In Figure 2-4 is illustrated the International Conventions and European Policy framework, regarding the sustainable management of the sea, with major links among policies and legislative tools at global, European, Mediterranean and Adriatic sea level. At the global level United Nation Agencies and Programmes (such as International Maritime Organization, UN Environmental Programme, the Agenda 21, The Espoo Convention and the Convention on the Law of the Sea) constitute the general reference framework for regional and local actions aiming at environmental protection and sustainable development worldwide. The reference International instrument with an impact on Integrated Maritime Policy and Maritime Spatial Planning is the United Nations Convention on the Law of the Sea (UNCLOS) which balances the rights and interests of, for instance, flag states, coastal states and port states. The division of seas and oceans into maritime zones, some of which must be claimed by coastal states in order to have legal effect, is particularly relevant. Also of importance is the principle of freedom of navigation guaranteed under UNCLOS, which is conditional upon rules and standards on maritime safety and protection of the marine environment being met. The International Maritime Organisation (IMO) establishes internationally recognized rules and standards for shipping and maritime transport such as traffic separation schemes. The European Union has developed a considerable policy framework over the last two decades aimed principally at the sustainable management of marine resources, but also in part aimed at the protection of marine biodiversity. Cross sectorial policies concerning marine sustainable management and related legal tools are reported in Figure 2-5. At the regional sea level, the Mediterranean sea was the first basin that adopted a Regional Seas Programme under UNEP's umbrella, which gained to the Mediterranean Strategy for Sustainable Development and several protocols for marine protection (under the Barcelona Convention). pag. 16/216

17 Since the cross sectoral nature of the IMP, all the major European Policies are closely linked; the land sea interface, as well as cross border issues, are gaining much more attention from the EU than in the past driving a new effort toward a major coordination in integrated plans and measures. Recognizing that the Mediterranean can only be protected with a coherent, functioning region-wide system of environmental protection and recovery, the European Commission set a strategy towards this goal through the environment cooperation with partner countries (COM(2006) 475 final). At the Adriatic sea level several cooperation agreements between bordering countries were signed in the past; the Adriatic Euroregion, founded in 2006 represents a model of co-operation that includes trans-national and inter-regional co-operation between regions of the Adriatic coastline. In the following paragraphs the Integrated Maritime Policy is presented together with other relevant European policies, dealing with environmental protection and sustainable management of marine resources. pag. 17/216

18 Figure 2-4 International Conventions and European Policy framework. pag. 18/216

19 Figure 2-5 Marine sustainable management in the context of European policies and legislative tools Integrated Maritime Policy (IMP) and Maritime Spatial Planning (MSP) Following decisions made in the European Commission's Strategic Objectives for about the establishment of a new European Integrated Maritime Policy (IMP) the Commission has put forward a new vision for Europe's oceans and seas. The Integrated Maritime Policy (IMP) applies to the oceans and seas a holistic, integrated approach and promises to replace compartmentalized resource management approach with an ecosystem based management view. The Integrated Maritime Policy provides a reference framework and a selection of specific objectives to allow Europe to define the actions needed to attain both these objectives and the overall goals of the new policy. pag. 19/216

20 IMP aims to tackle all maritime activities and sustainable development aspects of the oceans and seas, including the marine environment, in an overarching fashion (COM(2007) 575 final): Applying the integrated approach to maritime governance; Developing tools for integrated policy-making; Maximizing the sustainable use of the oceans and seas; Building a knowledge and innovation base for the maritime policy; Delivering the highest quality of life in coastal regions; Promoting Europe's leadership in international maritime affairs. Preceded by successful involvement of stakeholders during the consultation process of the Green Paper (European Commission 2006a) on 10 October 2007, the European Commission adopted the Blue Paper proposing an Integrated Maritime Policy for the EU (COM(2007) 575), and a detailed Action Plan (SEC (2007) 1278). The European Council endorsed the IMP and the Action Plan on 14 December IMP Blue paper announced some strategic initiatives as the foundation for more detailed implementation steps in the Actions Plan (AP): A European Maritime Transport Space without barriers; A European Strategy for Marine Research; National integrated maritime policies to be developed by Member States; An European network for maritime surveillance; A Roadmap towards maritime spatial planning by Member States; A Strategy to mitigate the effects of Climate Change on coastal regions; Reduction of CO 2 emissions and pollution by shipping; Elimination of pirate fishing and destructive high seas bottom trawling; An European network of maritime clusters; Reviews of EU labour law exemptions for the shipping and fishing sectors. The AP reflects the new integrated approach to maritime affairs, considering a wide spectrum of issues, from maritime transport to the competitiveness of maritime businesses, from employment to scientific research and the protection of the marine environment. The AP states that a new integrated governance framework for maritime affairs requires cross-cutting tools to help policy makers and economic and environmental actors to join up their policies, interlink their activities and optimize the use of the marine and coastal space in an environmentally sustainable manner (Meiner, 2010). These tools, as set out in the Integrated Maritime Policy Communication (COM(2007) 575 final) comprise: the development of a more integrated network of surveillance systems for European waters, the development of Maritime Spatial Planning, assisted by a road map drawn up by Commission, and an EU Marine Observation and Data Network (EMODNET) to optimize and bring coherence to the current fragmented initiatives that gather data on oceans and seas. Moreover the Action Plan announced the development of a Marine and Maritime Research Strategy (COM(2008)354), in consultation with Member States and stakeholders, which sup- pag. 20/216

21 ports infrastructure, education, capacity-building and a new cross-thematic approach. The aim of the strategy is to propose the means to create a better integration between marine and maritime research. Whilst acknowledging the importance to pursue efforts within the different marine and maritime research disciplines (e.g. cleaner and more efficient marine engines, better vessels design, optimal logistics of traffic flows, safety and security of maritime activities, image of shipping, etc.), the focus of the communication is on improving interactions between marine and maritime research rather than specifically addressing well established research sectors. With the COM(2008) 791 (Communication on a Roadmap for Maritime Spatial Planning: Achieving common principles in the EU) the Commission aimed to facilitate the development of Maritime Spatial Planning (MSP) by Member States and encourage its implementation at national and EU level. It sets out 10 key principles for MSP (see box below) and seeks, by way of debate, to encourage the development of a common approach among Member States. In 2009 the European Commission has presented a Progress Report outlining the achievements of the EU s Integrated Maritime Policy (IMP) over the past two years and looking out into its future. Alongside this, the Commission has presented concrete proposals on major issues concerning cross sector integration, cooperation among countries, maritime surveillance and the international dimension of Europe s maritime policy. The Progress Report takes stock of two years of IMP achievements. It also sets out six strategic policy orientations 1 : Integration of maritime governance: EU institutions, Member States and coastal regions have a particular responsibility in ensuring upstream policy integration and in adopting coherent, joined up agendas for maritime affairs, further counteracting the prevalence of isolated sectoral policy thinking. Effective structures for cross-sectoral collaboration and stakeholder consultation need therefore to be put in place to harness all synergies from sectoral policies impacting on the seas. Development of cross-cutting policy tools: namely maritime spatial planning, comprehensive marine knowledge and data, and integrated maritime surveillance. Definition of limitations to maritime activities as necessary in order to guarantee sustainability: within the framework of the Marine Strategy Framework Directive, this will ensure that no maritime activities are allowed to develop without real consideration for their cumulative impact on the marine environment. Development of sea-basin regional strategies: priorities and policy-making tools of maritime affairs need to be adapted to the unique geo-physical, economic and political context of Europe's major maritime basins. Development of the international dimension of the Integrated Maritime Policy: the EU leadership in global maritime affairs, including in debating climate change and preservation of marine biodiversity will greatly strengthen the EU's position in multilateral and bilateral relations. Renewed focus on sustainable economic growth, employment and innovation: The EU should have a coherent, comprehensive agenda for economics on maritime affairs, in- 1 guage=en pag. 21/216

22 cluding pushing for the development of intra-european maritime transport, stimulating investments in EU flagged shipping and in the shipbuilding sector, taking forward the project of clean ships, linking further the EU energy and climate change policies with maritime policy, and by ensuring that in the debate on territorial cohesion policy maritime and coastal areas are fully taken into account. This progress report was accompanied by a Commission Staff Paper which presented in details the progress made so far on the items of the Action Plan adopted in October 2007 (COM (2009) 540 final of ). The Council conclusions on Integrated Maritime Policy of 16 November 2009 encouraged the Commission to make proposals on improving the use of scientific knowledge considered as a key component of the EU's plan to integrate marine and maritime research (COM(2008) 534). In the COM(2010) 771 of Achievements and future development the Commission draw three main conclusions from the experience gained on MSP since the launch of the EU IMP and the Roadmap Communication on MSP: The consultation process that followed the Roadmap revealed broad agreement on the need for a common approach on MSP and confirmed an interest to develop MSP further at EU level. Development of MSP processes by Member States is taking place, but on an ad hoc basis, following different paths and time scales. A more coherent common approach would significantly enhance the potential value of MSP for the EU as a whole, as well as in a sea basin context. The increased need for coordinated planning of sea basins, both in the context of current economic developments and in the context of the implementation of EU policies and legislation, would benefit strongly from MSP, as this policy would set out parameters that facilitate cross-border cooperation on MSP among Member States. On this basis, the Commission sees the need and the value to push efforts towards a common approach to MSP, relying on the significant experience that has been gathered in the Member States, as well as in international fora and third countries. An important added value is recognized in that further action on MSP at EU level lies also in focusing on cross-border cooperation, establishing a common process-oriented framework within which Member States can carry out MSP in an optimal way. The Commission underlines the importance of full coordination in any further action on MSP at EU level with, and in support of, current and future policies and initiatives within the field of maritime policy; in particular stresses the importance of fully integrate the implementation of the MSFD and of ICZM, and fully respecting the existing competences and jurisdictions of the relevant authorities. The need for coastal and marine policies integration, as well as the coordination of their respective planning and regulatory tools was also one of the major outcomes of the public consultation launched from the Commission in The Consultation was one of the initiatives promoted by the Commission to inform the impact assessment launched to explore a range of options to promote and develop MSP further, in conjunction with options to develop ICZM further, and taking other EU policies into account (for further information The results of the consultation showed that the respondents call for the promotion of a more active debate in international fora by the EU in the field of International co-operation on the high seas; a common framework is needed and pag. 22/216

23 EU must have a coherent direction, common goals and objectives for MSP. Also based on the consultation results, the EC launched a proposal for a Directive establishing a framework for maritime spatial planning and integrated coastal zone management (COM(2013)133), that is described in paragraph 2.3. Maritime Spatial Planning key principles COM(2008) 791 final 1. Using MSP according to area and type of activity: Management of maritime spaces through MSP should be based on the type of planned or existing activities and their impact on the environment. 2. Defining objectives to guide MSP: MSP should be used to manage on-going activities and guide future development in a sea area. A strategic plan for the overall management of a given sea area should include detailed objectives. 3. Developing MSP in a transparent manner; Transparency is needed for all documents and procedures related to MSP. 4. Stakeholder participation; In order to achieve broad acceptance, ownership and support for implementation, it is equally important to involve all stakeholders, including coastal regions, at the earliest possible stage in the planning process. 5. Coordination within Member States Simplifying decision processes; Coordinated and crosscutting plans need a single or streamlined application process and cumulative effects should be taken into account. The internal coordination of maritime affairs within Member States proposed in the Guidelines for an Integrated Approach to Maritime Policy should also benefit the implementation of MSP. 6. Ensuring the legal effect of national MSP; MSP should be legally binding if it is to be effective. This might also raise the issue of the appropriate administrative framework for MSP. 7. Cross-border cooperation and consultation; Cooperation across borders is necessary to ensure coherence of plans across ecosystems. It will lead to the development of common standards and processes and raise the overall quality of MSP. 8. Incorporating monitoring and evaluation in the planning process MSP operates in an environment exposed to constant change. It is based on data and information likely to vary over time. The planning process must be flexible enough to react to such changes and allow plans to be revised in due course. To meet these two requirements, a transparent regular monitoring and evaluation mechanism should be part of MSP. 9. Achieving coherence between terrestrial and maritime spatial planning relation with ICZM; Achieving consistency between terrestrial planning (including coastal zones) and maritime planning systems is a challenge. The respective services should cooperate and involve stakeholders so as to ensure coherence. 10. A strong data and knowledge base; MSP has to be based on sound information and scientific knowledge. Planning needs to evolve with knowledge (adaptive management). Following the importance, highlighted in 2009 by the General Affairs Council, to fund the further development and implementation of the IMP by inviting "the Commission to present the necessary proposals for the financing of integrated maritime policy actions within the existing pag. 23/216

24 Financial Perspective, with a view to entry into force by 2011", a Proposal for a Regulation of the European Parliament and of the Council establishing a Programme to support the further development of an Integrated Maritime Policy was elaborated (Council of the European Union, 10916/11). In September 2010, the Commission adopted a proposal for a Regulation of the European Parliament and of the Council establishing a Programme to support the further development of an Integrated Maritime Policy and submitted it for examination to the Council working bodies and to the European Parliament. The European Parliament legislative resolution of 17 November 2011 on the proposal for a regulation of the European Parliament and of the Council establishing a Programme to support the further development of an Integrated Maritime Policy (COM(2010)0494 C7-0292/ /0257(COD)) approved 40M budget for the Integrated Maritime Policy that incorporates transport, tourism, fisheries and environmental protection. It stresses that the policy should contribute to the development of the EU s coastal areas. As stated in the Regulation, the Programme shall have the following general objectives: a) to foster the development and implementation of integrated governance of maritime and coastal affairs; b) to contribute to the development of cross-sectoral tools, namely Maritime Spatial Planning, the Common Information Sharing Environment (CISE) and marine knowledge on the oceans, seas and coastal regions within and bordering the Union, in order to develop synergies and to support sea or coast-related policies, particularly in the fields of economic development, employment, environmental protection, research, maritime safety, energy and the development of green maritime technologies, taking into account and building upon existing tools and initiatives; c) to promote the protection of the marine environment, in particular its biodiversity, and the sustainable use of marine and coastal resources and to further define the boundaries of the sustainability of human activities that have an impact on the marine environment, in particular in the framework of Directive 2008/56/EC (the Marine Strategy Framework Directive); d) to support the development and implementation of sea-basin strategies; e) to improve and enhance external cooperation and coordination in relation to the objectives of the IMP, on the basis of advancing debate within international forums; in this respect, third countries shall be urged to ratify and implement the United Nations Convention on the Law of the Sea (UNCLOS); f) to support sustainable economic growth, employment, innovation and new technologies in maritime sectors and in coastal, insular and outermost regions in the Union. pag. 24/216

25 Table 2-1 EU Maritime and Marine Policy development. ACT Title Major scope COM(2006) 275 Volume II ANNEX of COM(2007) 574 of COM(2007) 575 of SEC(2007) 1280 of GREEN PAPER Towards a future Maritime Policy for the Union: A European vision for the oceans and seas Communication from the Commission to the European Parliament, the Council, the European economic and social Committee and the Committee of the regions. Conclusions from the Consultation on a European Maritime Policy Communication from the Commission to the European parliament, the Council, the European economic and social Committee and the Committee of the Regions - An Integrated Maritime Policy for the European Union Commission Staff Working Document - Accompanying document to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions - An Integrated Maritime Policy for the European Union. Action Plan The Commission proposes an Integrated Maritime Policy for the European Union, based on the clear recognition that all matters relating to Europe's oceans and seas are interlinked, and that sea-related policies must develop in a joined-up way if we are to reap the desired results. The Conclusion from the Consultations highlighted that Member States and the institutions of the European Union welcome the principle of the integrated management of maritime affairs. The EU institutions often wish to go even beyond the proposals made in the Green Paper, whereas opinion is more divided amongst civil society. There is consensus on objectives, but at times disagreement as to the solutions proposed. Environmental organizations view maritime policy as a way of involving environmental objectives in all sectors. All stakeholders agree on the importance of better public awareness of the seas and oceans, as this could improve the image of the maritime economy and make citizens more aware of the maritime environment. This Communication aims to sketch the first steps towards a common approach on MSP. In identifying key principles both from on-going practice and existing regulations, it seeks to encourage a debate to help guide the development of MSP in the EU. the Commission has therefore proposed an overarching Maritime Policy with the following goals: (1) maximizing the sustainable use of the oceans and seas; (2) building a knowledge and innovation base for the maritime policy; (3) delivering the highest quality of life in coastal regions; (4) promoting Europe s leadership in international maritime affairs; and (5) raising the visibility of Maritime Europe. Moreover, an Action Plan lists a range of concrete initiatives that were taken as first steps towards a more consistent, integrated EU Maritime Policy. The Action Plan sets out a number of measures to be taken by Commission as a first step in implementing a new integrated maritime policy for the EU, namely actions which aim to improve the maritime economy, protect and restore the marine environment, strengthen research and innovation, foster development in coastal and outermost regions, provide leadership in international maritime affairs, and raise the visibility of Europe's maritime dimension. pag. 25/216