marine spatial planning: the eu experience in the baltic ... · „maritime spatial planning (msp)...

CONTEMPORARY AND EMERGING CHALLENGES OF SHIPPING IN THE NORTHWEST ATLANTIC AND EASTERN ARCTIC

Marine Spatial Planning: The EU Experience in the Baltic and North Sea

31 August 2018 Nele Matz-Lück

Overview

I. Regulatory background: scarce ocean space and competing uses

II. Definition, objectives and main characteristics of Marine/Maritime Spatial Planning (MSP)

III. Legal Framework and key aspects of EU legislation on MSP

IV. MSP in the Baltic and North Sea: challenges of a multilevel setting

V. Outlook: Relevance for Canada?

I. Regulatory background

• Given its various essential functions, the integrity of the world’s ocean is of vital interest for humanity as a whole.

• MSP has to be viewed in the context of competition for scarce ocean space.

• A growing world population means increasing pressure on ocean ecosystems with regard to food from the ocean, transportation, the extraction of raw materials from seafloor and other uses.


Any human use has to respect planetary boundaries and accept that the ocean is finite with regard to it spatial dimension and the capability to accommodate different uses of an increasing scale.

One PlanetOne Ocean


• Fisheries• Aquaculture• Shipping• Military uses• Oil and gas exploration • Cables and pipelines

Possible uses to be taken into account balancing competing interests with a spatial and temporal dimension are:

• Recreation/tourism• Extraction of sand and gravel• Environmental protection • Climate change related activities

(e.g. adaptation measures, geoengineering, CCS)• Offshore renewable energy

II. Definition, objectives and main characteristics of MSP

„Maritime spatial planning (MSP) is a public process of analysing and allocating the spatial and temporal distribution of human activities in marine areas to achieve ecological, economic and social objectives that are usually specified through a political process.“ (Ehler & Douvere, 2007)

„Maritime spatial planning means a process by which relevant Member State‘s authorities analyse and organise human activities in marine areas to achieve ecological, economic and social objectives.“ (Art. 3 EU MSP Directive)


• MSP is characterized as a cross-cutting policy tool or process.

• Its main objective is to coordinate competing ocean uses while involving relevant stakeholders to identify uses, assess interests and define priorities.

• It tries to overcome a strictly sectoral and incoherent approach to regulating overlapping uses in maritime space.

• It is commonly rooted in the promotion of sustainable development (“blue-green-growth”), the maintaining of ecosystem services and usually related to an ecosystem-based management approach.

• MSP influences the spatial and temporal distribution of human activities and not the practice of those activities.

• It needs to be coupled with further regulatory mechanisms such as licenses and compliance and enforcement mechanisms.


• The outcome of the planning process (e.g. marine spatial plans that designate different zones for single uses, priority uses or multi-purpose functions) is directed at coastal State public authorities.

• Revisions and reassessments of plans must be part of the process.

• While the process is governed by national law and policy and implemented by national authorities, only transboundary MSP can provide for a coherent strategy for regional seas and larger parts of the ocean.

III. Legal framework and key aspects of EU legislation on MSP

• The UNCLOS does not mention marine spatial planning.

• Yet, it contains elements relevant for MSP such as jurisdiction over uses, “due regard” clauses for other uses, the need for environmental protection, a zonal approach to maritime space and the possibility of shipping lanes and traffic separation.

• As far as shipping is concerned, IMO regulations can play an important role, e.g. with regard to PSSAs or emission control area, traffic separation schemes.

• Regional sea conventions can likewise be relevant for approaches towards coherent transboundary MSP.

• Regional Seas Conventions exist for both the Baltic Sea (HELCOM) and the North Sea (OSPAR).


• The regional seas surrounding EU member States suffer from over-exploitation of natural resources, high levels of pollution from various sources and a high amount of traffic.

• Since coastlines of EU member States are relatively short and maritime zones small, the challenge of competing uses in limited space is imminent.

• The legislation on MSP is part of a larger EU maritime strategy and embedded in a larger body of EU law applicable to the marine environment.

• While based upon policy recommendations and other soft-law in the beginning, the EU enacted the Marine Spatial Planning Directive as a legally binding framework in 2014.


• The MSP Directive establishes a legally binding procedural framework for EU Member States but it does not regulate priority uses or indicates the weight attributed to specific uses or objectives.

• It lists sustainable development of energy, transport, fisheries, aquaculture, and the preservation, protection and improvement of the environment as objectives.

• States are obliged to start the planning process that shall result in a marine spatial plan.

• The planning process shall take into account land-sea interactions and promote cooperation among Member States.

• Its scope affects coastal waters, territorial sea and EEZ but excludes coastal waters falling under a Member State‘s town and country planning.

IV. MSP in the Baltic and North Sea

All EU Member States must have Marine Spatial Plansin place by 2021.

HELCOM has been active in promoting MSP in the Baltic with a MSP Roadmap, Principles and Guidelines for the implementation of MSP.

It collects information by Member States on the implementation, competencies and levels of regulation.

HELCOM is a partner of the EU in implementing an Action Plan on the Baltic including MSP.

IV. MSP in the Baltic and North Sea

There is particular potential in the North Sea for renewable energy production and other elements of blue growth.

The extent to which coordination of plans takes place seems very limited.

OSPAR monitors MSP activities but no longer has a MSP working group on its own.

Cooperation on transboundary MSP with Norway and the UK (after Brexit) will need formal agreement.

V. Outlook: relevance for Canada?

• MSP relies upon a transparent participatory process and data generated by marine scientific research.

• As a procedural tool, MSP leaves sufficient room for different priorities and environmental protection e.g. by an ecosystem-based management approach.

• At the same time, even in the Baltic and North Sea, i.e. amongst largely „like-minded“ States, transboundary coordination suffers from a lack of coherence of policy and legal structures and traditions.

• One of the biggest challenges seems to be a coherent approach to MSP across different levels of implementation and in a transboundary context.

• MSP in the Canadian Arctic will need to accommodate a large variety of interests including those voiced by indigenous communities while operating in a changing environment.

Thank you for your attention!Questions? Comments?

Prof. Dr. Nele Matz-Lück, LL.M.Walther Schücking Institute for Int. LawKiel UniversityWestring 40024118 [email protected]

marine spatial planning: the eu experience in the baltic ... · „maritime spatial planning (msp)...

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