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Policy Research Corporation

“The potential of Maritime Spatial Planning in the

Mediterranean Sea”

Case study report: The area surrounding Malta

For the attention of

European Commission Directorate-General for Maritime Affairs and Fisheries

Disclaimer: This document has not been adopted by the European Commission and should therefore not be relied upon as a statement of the European Commission. The purpose of this document is merely to provide a comprehensive overview based on available information without claiming to be exhaustive. Although stakeholder consultation has taken place to verify the collected information, it is possible that this document does not reflect the view of all stakeholders involved. This document was last updated on 5 January 2011.

Study carried out on behalf of the European Commission Directorate-General for Maritime Affairs and Fisheries MARE.E.1 "Maritime Policy in the Baltic, North Sea and Landlocked Member States" European Commission B-1049 Brussels Tel: +32 2 29 69 135

Executed by Policy Research Corporation January 2011 Office Belgium: Office the Netherlands: Jan Moorkensstraat 68 Parklaan 40 2600 Antwerp 3016 BC Rotterdam tel : +32 3 286 94 94 tel: +31 10 436 03 64 fax : +32 3 286 94 96 fax: +31 10 436 14 16 e-mail : [email protected] e-mail : [email protected] website : www.policyresearch.be website: www.policyresearch.nl

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Table of contents

© European Commission study - i -

TABLE OF CONTENTS

I. INTRODUCTION..........................................................................................................................1

II. THE NEED FOR MSP IN THE AREA SURROUNDING MALTA ........................................3 II.1. DESCRIPTION OF THE AREA...................................................................................................................... 3 II.2. MARITIME JURISDICTION ......................................................................................................................... 5 II.3. SEA USES AND ENVIRONMENTAL PRESSURES........................................................................................... 6

III. THE APPLICATION OF MSP IN THE AREA SURROUNDING MALTA ........................19 III.1. AREA AND TYPE OF ACTIVITIES ............................................................................................................. 19 III.2. NATIONAL STAKEHOLDER PARTICIPATION ............................................................................................ 21 III.3. INSTITUTIONAL AND LEGAL FRAMEWORK ............................................................................................. 23 III.4. CROSS-BORDER/INTERNATIONAL COOPERATION AND CONSULTATION .................................................. 30 III.5. DATA COLLECTION, MONITORING AND EVALUATION............................................................................. 31 III.6. COHERENCE BETWEEN TERRESTRIAL AND MARITIME SPATIAL PLANNING............................................ 34 III.7. BENEFITS OF MSP IN THE AREA SURROUNDING MALTA........................................................................ 35

IV. CONCLUSIONS AND RECOMMENDATIONS .....................................................................39 IV.1. CONCLUSIONS ....................................................................................................................................... 39 IV.2. RECOMMENDATIONS ............................................................................................................................. 42

ANNEX I: ABBREVIATIONS...........................................................................................................45

ANNEX II: LIST OF CONTACT PERSONS...................................................................................47

Exploring the potential of Maritime Spatial Planning in the Mediterranean Sea

- ii - © European Commission study

LIST OF FIGURES AND TABLES

Figure 1: The area surrounding Malta and its coastal states .........................................................3 Figure 2: Water circulations and nursery and spawning areas in the Strait of Sicily ...................4 Figure 3: Biodiversity of demersal fish species in the Strait of Sicily..........................................7 Figure 4: Marine Protected Areas – Tunisia .................................................................................8 Figure 5: Marine Protected Areas – Sicily....................................................................................9 Figure 6: Main maritime traffic in the area surrounding Malta ....................................................9 Figure 7 : Oil spill density in the area surrounding Malta ...........................................................10 Figure 8: Areas of oil exploration on the Maltese continental shelf...........................................14 Figure 9 : Previous oil drills (left) and current offshore oil platforms (right) around Sicily .......14 Figure 10 : Oil and gas platforms in Tunisia and Libya ................................................................15 Figure 11: Exploitation of hydrocarbons in Tunisia .....................................................................16 Figure 12 : Gas pipelines in the Mediterranean Sea ......................................................................18 Figure 13: Local plan Marsaxlokk bay .........................................................................................28 Figure 14: MESMA work packages .............................................................................................30 Figure 15: Economic effects of Maritime Spatial Planning..........................................................36 Table 1: Summary country characteristics ..................................................................................4 Table 2: Coastline length and maritime zones – area surrounding Malta ...................................6 Table 3: Relevant stakeholders ‘Area surrounding Malta’........................................................21 Table 4: Institutional and legal framework in the area surrounding Malta ...............................24 Table 5: Responsibilities Italian regions ...................................................................................26 Table 6: Summary status MSP ‘effect principles’ in the area surrounding Malta.....................42

Introduction

© European Commission study - 1-

I. INTRODUCTION

Maritime Spatial Planning (MSP), aiming to result in a more coordinated management of maritime space, received significant attention at EU-level in recent years. The Communication ‘Roadmap for Maritime Spatial Planning: Achieving common principles in the EU’, was adopted by the Commission on November 25, 2008. This communication provides information on current Maritime Spatial Planning practices in both EU and non-EU Member States and outlines the instruments that have an impact on Maritime Spatial Planning. Besides the development of ten key principles for Maritime Spatial Planning and a series of dedicated workshops, the Commission also initiated a number of specific studies. Against this background, the study on ‘Exploring the potential for Maritime Spatial Planning in the Mediterranean Sea’ was launched in October 2009. During this study, four areas were identified that could have more potential for the application of cross-border/international Maritime Spatial Planning and were therefore subject to a more in-depth analysis:

− The Alboran Sea (Algeria, Morocco and Spain);

− The Adriatic Sea basin (Albania, Bosnia and Herzegovina, Croatia, Italy, Montenegro and Slovenia);

− The Western Mediterranean (Italy, France and Spain);

− The area surrounding Malta (including Tunisia, Libya and Italy). This case study elaborates on the potential for the application of cross-border/international Maritime Spatial Planning in the area surrounding Malta. For the purpose of this report and in the light of the definition of MSP1, the potential of Maritime Spatial Planning is analysed on the basis of three aspects: − Purpose of MSP in the area: type and intensity of uses as well as the ecological value of the

marine area; − Feasibility of MSP in the area: scientific data / knowledge base, institutional capacity, legal and

1 Maritime Spatial Planning (MSP) is a process of analysing and allocating parts of the three-dimensional marine space

(ecosystems) to specific uses, to achieve ecological, economic and social objectives that are usually specified through a political process. It is a tool for improved decision-making and provides a framework for arbitrating between competing human activities and managing their impact on the marine environment. Its objective is to balance sectoral interests and achieve sustainable use of marine resources in line with the EU Sustainable Development Strategy.

Exploring the potential of maritime spatial planning in the Mediterranean

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administrative supportive framework and stakeholders involvement; − Conditions for cross-border/international cooperation (in case the marine area falls beyond

national jurisdiction – which is mostly the case for marine areas in the Mediterranean Sea basin).

The present case study is structured on the basis of the MSP key principles and provides further insight into:

− The need for MSP in the area surrounding Malta2: o Description of the area; o Maritime jurisdiction; o Sea-uses and environmental pressures.

− The application of MSP in the area surrounding Malta: o The different sea-uses in specific areas and sub-areas in the area surrounding Malta and the

existing / expected competition between these uses (including ecology preservation)3; o National stakeholder participation4; o The institutional arrangements (including transparency) and legal framework related to

Maritime Spatial Planning5; o Cross-border/international cooperation and consultation6. o Data collection, monitoring and evaluation7; o Coherence between territorial planning and Maritime Spatial Planning8.

− Conclusions and recommendations.

Information on these elements per country is detailed in Appendix I to the final report. A list of abbreviations used in this report is provided in Annex I and a list of contact persons is provided in Annex I

2 MSP key principles 1 and 2. 3 MSP key principles 1 and 2. 4 MSP key principle 4. 5 MSP key principles 3, 5 and 6. 6 MSP key principle 7. 7 MSP key principles 8 and 10. 8 MSP key principle 9.

The need for MSP in the area surrounding Malta


II. THE NEED FOR MSP IN THE AREA SURROUNDING MALTA

A first impression with regard to the need / potential for MSP in the area surrounding Malta is provided in the following sections. A general description of the area is given in Section II.1, followed by an overview of the areas under national jurisdiction, which is an important aspect with regard to the actual application of joint (cross-border/international) MSP in a certain area. Section II.3 concludes by providing insight into the different sea-uses in the sea basin along with competition between the different uses and the related environmental pressures.

II.1. DESCRIPTION OF THE AREA

Given its central location in the Mediterranean Sea basin, the area surrounding Malta involves both EU Member States (Malta and Italy (the island of Sicily)) as well as non-EU Member States on the African continent (Tunisia and Libya). Nevertheless, cooperation between the different states is well-established9. Figure 1 presents the area surrounding Malta and the coastal states involved.

Figure 1: The area surrounding Malta and its coastal states

Source: Policy Research Corporation

Table 1 summarises the total coastline length (including the coastline that does not specifically fall within the area surrounding Malta) of the coastal states in the area surrounding Malta. Of the four

9 Office of the Prime Minister, Malta Environment and Planning Authority and Ministry of Foreign Affairs, meeting in

Valetta on March 9, 2010.

Libya

Tunisia

Sicily

Malta



coastal states / islands involved, Malta has the shortest coastline.

Table 1: Summary country characteristics

Libya Malta Sicily (Italy) Tunisia

Total coastline (km) 1 770 180 +/- 1 000 1 298

Source: Policy Research Corporation based on the Network of Managers of Marine Protected Areas in the Mediterranean; Mathie, E., 2005, A case study: documenting coastal monitoring and modelling techniques in Sicily, Italy – an island example

The Strait of Sicily, located between the island of Sicily and Tunisia, connects the Eastern Mediterranean Sea with the Western Mediterranean Sea. It has a complex topography and circulation scheme that makes the Sicilian Channel a highly productive area and a biodiversity hotspot within the Mediterranean. Figure 2 illustrates the different water circulations and nursery and spawning areas in the Strait for the deep-water rose shrimp. Although this figure refers to one species, it illustrates the pattern of many demersal10 species.

Figure 2: Water circulations and nursery and spawning areas in the Strait of Sicily

Source: Fortibuoni et al., 2010, Nursery and spawning areas of deep-water rose shrimp, Parapenaeus

longirostris (Decapoda Penaeidae), in the Strait of Sicily (Central Mediterranean Sea). Journal of Crustacean Biology 30: 167-174

The Strait of Sicily is a high-energy site with a dynamic current system that exchanges the waters between western and eastern basins. The circulation in the Sicilian channel can be described as a two-layer exchange, the upper layer (about 200m thick) of Atlantic Water (AW), which flows eastward and the deep layer of Eastern Mediterranean Outflow Water (EOW) mainly composed of Levantine Intermediate Water (LIW here after) that flows in the opposite direction. Upwellings along the south-eastern and south-western coast of Sicily are present, which generates food supply for fish species.



II.2. MARITIME JURISDICTION

Unlike for example the Adriatic Sea basin, the area surrounding Malta is not an enclosed sea area. It comprises (a part of) the marine areas of Libya, Malta, Sicily and Tunisia. Nevertheless, the distance between the different countries does not amount to 400 nautical miles (nm). As a result, the countries cannot establish Exclusive Economic Zones (EEZs) of 200 nm. Consequently, maritime zones cannot extend beyond the median line between the countries (unless agreements are signed with neighbouring / adjacent countries) 11. All coastal states involved established a territorial sea of 12 nm12. Moreover, zones of specific interest have been established: a collaborative Exclusive Fishing Zone (EFZ) in Libya (62 nm) and Tunisia (50 m isobath depth), a Fisheries Conservation and Management Zone in Malta (25 nm) and an Exclusive Economic Zone in Tunisia and Libya. Italy has passed legislation empowering the establishment of Ecological Protection Zones (EPZ) in 2006. The effective establishment of single portions of the EPZ will be acted by agreement with neighbouring countries, or, pending the negotiations of the same agreements, by unilateral decree adopting provisionally the method of geometric equidistance13. So far no EPZs have been established. Hence, the area surrounding Malta can be regarded as a mixture of marine areas under national jurisdiction (both full sovereignty and special interests) and areas beyond national jurisdiction (the high seas). Agreements about the delimitation of the continental shelf were reached between Italy-Tunisia, Libya-Malta and Tunisia-Libya. Table 2 summarises the maritime zones established by the different coastal states in the area surrounding Malta.

10 Demersal = near the seabed. 11 Ministry of Foreign Affairs Greece, e-mail February 10, 2010. 12 In case a law is adopted for the establishment of a certain maritime zone, the zone is considered to be ‘established’. If a

country is intending to establish a maritime zone, but does not have such legislation in place, the maritime zone is considered to be ‘claimed’.

13 Ministry of Foreign Affairs Italy, feedback on country report Italy on August 6, 2010.



Table 2: Coastline length and maritime zones – area surrounding Malta14

Libya Malta Sicily (Italy) Tunisia

Territorial Sea (width) 12 nm 12 nm 12 nm 12 nm

Territorial Sea (area km²) n/a 3 805* n/a 36 773 (up to 12 nm)

Continental shelf (width) n/a n/a n/a n/a15

Continental shelf (area km²) 63 595 75 285* n/a 65 347 (up to 200 m depth)

Exclusive Fishing Zone 62 nm Max 25 nm - Up to 50 m isobaths off the Gulf of Gabès. Because of shallow waters this area covers up to 75 nm in some places16

Ecological Protection Zone - - Framework legislation was passed in 2006; up until today, no EPZ established

-

Exclusive Economic Zone n/a - - n/a

* Indicated areas start from base-lines of Malta up to outer-limits of both Territorial Waters and Continental Shelf


II.3. SEA USES AND ENVIRONMENTAL PRESSURES

a/ Flora and fauna and Marine Protected Areas

Flora and Fauna The complex topography and circulation scheme makes the Strait of Sicily a highly productive area and a biodiversity hotspot within the Mediterranean. As a result, it hosts species from the western and eastern basin. In the extension of the Sicilian continental shelf toward the Pantelleria Rift (Adventure Bank and Graham Bank plateaus), five volcanic seamounts have been recognised (Tetide, Anfitrite, Galatea, Cimotoe and Graham). Two other much larger seamounts, Bannock and Nameless Bank (Banco Senza Nome), are located between the Malta and Pantelleria basins and close to the eastern border of the Nameless Bank respectively. Seamounts are considered highly productive and they are biodiversity hotspots as well, since they produce retention areas for phytoplankton and create the conditions that support a diversity of important habitat types17. 14 n/a: data not available. 15 Delimitation agreements on the borders of the Tunisian continental shelf were signed by Italy and Libya. 16 FAO, Note on maritime jurisdiction in the Mediterranean Sea, www.fao.org/docrep/008/y5880e/y5880e09.htm. 17 It is generally assumed that seamounts are highly productive and hold high biodiversity. However, as recently pointed

out in the last European Marine Biology Symposium, there is a lack of scientific evidence to support these hypotheses. There is enough scientific support on the fact that communities in seamounts are distinct (community structure is different from that of analogous communities in the surrounding areas) and fragile (i.e. species take very long time to



The currents and upwellings mentioned before turn specific areas into important spawning and nursery areas for species of high commercial relevance such as bluefin tuna, swordfish, hake and greater fork beard. The area also includes spawning grounds of red mullet (Mullus barbatus) and there is a relatively high abundance of rays18. Species from both Atlantic and Indo-Pacific origin are present in the area19. Figure 3 shows the most important biodiversity hotspots in the Strait of Sicily. Several vulnerable / endangered species are present in the Strait. The Maltese skate (Leucoraja melitensis) is a Mediterranean endemic species that now appears to be restricted to the Sicilian Channel due to decreases in stocks. Other species are fin whale, sperm whale, white sharks, blue sharks, bottlenose dolphin, sea turtles, porbeagle, giant devil ray and short fin mako. Other nursery and spawning areas are present south of Malta20. Large pelagic fish (e.g. bluefin tuna) have been abundantly present in this area, especially near the Libyan coast. Moreover, in the Sicilian Channel there is a substantive variety of deep coral communities.

Figure 3: Biodiversity of demersal fish species in the Strait of Sicily

Source: Presentation CNR-IAMC, 2010, Case study Strait of Sicily for the MESMA project

Marine Protected Areas

recover from environmental impacts, which are mainly originated by trawl fisheries). IAMC, www.iamc.cnr.it/IAMC; see a recent paper on the topic for more information: Rowden et al., 2010, Paradigms in seamount ecology: past, present and future. P.S.Z.N. Marine Ecology 31:226-241; Greenpeace, 2009, High Seas Mediterranean Marine Reserves: a case study for the Southern Balearics and the Sicilian Channel.

18 Greenpeace, 2009, High Seas Mediterranean Marine Reserves: a case study for the Southern Balearics and the Sicilian Channel.

19 Presentation CNR-IAMC, 2010, Case study Strait of Sicily for the MESMA project. 20 INSTM, meeting in Tunis on August 3, 2010.



In order to preserve nature from possible impacts from maritime / land-based activities, Malta has currently established several Marine Protected Areas (MPAs)21. Zona fil-bahar bejn Rdum Majjiesa u Ras ir-Raheb and Zona fil-bahar fl-inhawi tad-Dwejra are situated in Maltese territorial waters (near the Malta Island and Gozo Island respectively) and have a total marine surface of respectively 8.5 and 2.6 km². Both Marine Protected Areas have the legal status of Special Area of Conservation, while Zona fil-bahar fl-inhawi tad-Dwejra is internationally recognised as an Important Bird Area22 (IBA) as well. Four other Marine Protected Areas have been designated in July 201023: a stretch of coast alongside the North East of the Islands, including three smaller islands, Mgarr ix-Xini, Dwejra and an area between Ghar Lapsi and Filfla. These areas cover 18 000 hectares and comprise 80% of the Posidonia meadows found in the Maltese islands. These four new Marine Protected Areas represent 4.52% of the Maltese territory (comprising land and the 12 nautical miles zone). In Tunisia 25 sensitive marine areas have been identified. For each of these areas a management plan has been set up. Six of these areas are MPAs: La Galite Archipelago, Cap Negro – Cap Serrat, Zembra and Zembretta Archipelago, Kuriat islands, Kerkenah islands and Kneis24. The Network of Managers of Marine Protected Areas in the Mediterranean (MedPAN) identified two SPAMIs along Tunisia’s seashore. Figure 4 provides more detailed information concerning these SPAMIs.

Figure 4: Marine Protected Areas – Tunisia

Source: Policy Research Corporation based on the Network of Managers of Marine Protected Areas in the

Mediterranean, www.medpan.org

In and near the territorial sea of Sicily, several MPAs are present: Cape Gallo, Isole Ciclopi, Isole Egadi (shown in Figure 5) and Plemmirio (near Siracusa). Plemmirio is a candidate for becoming a 21 The Network of Managers of Marine Protected Areas in the Mediterranean, www.medpan.org. 22 An Important Bird Area (IBA) is designated by BirdLife International, a global partnership of conservation organisations

that strives to conserve birds, their habitats and global biodiversity. 23 http://www.timesofmalta.com/articles/view/20100730/local/mepa-designates-four-new-marine-protected-areas.

Archipel de la Galite: � SPAMI (2001) � Important Bird Area � Surface: 19 km2

Zembra and Zembretta: � SPAMI (2001) � Important Bird Area � Surface: 47 km2 (4 km2 no-take zone)



SPAMI. In the Strait of Sicily another MPA is located: Isole Pelagie. These islands are internationally recognised as Important Bird Area. Another MPA is located to the north of Sicily: the Ustica Isola.

Figure 5: Marine Protected Areas – Sicily

Source: Policy Research Corporation based on the Network of Managers of Marine Protected Areas in the

Mediterranean, www.medpan.org

b/ Maritime transport

In general, the marine area surrounding Malta is an intensively used area in terms of maritime transport. Maritime traffic crossing the Mediterranean Sea basin in order to pass through the Bosporus or the Suez Canal or to arrive at one of the countries located in the eastern part of the Mediterranean Sea basin (and vice versa), passes through the Strait of Sicily. The Strait divides the Mediterranean Sea into two principal sub-basins, the Eastern and the Western Mediterranean Sea. As a result, the Strait is of strong importance to maritime transport.

Figure 6: Main maritime traffic in the area surrounding Malta

Source: Policy Research Corporation based on the Safemed Project – Maritime traffic flows and risks

analysis in the Mediterranean Sea

Malta – being a small island with a central location in the Mediterranean Sea basin – has always been and will be a mainly maritime nation. Maritime transportation, the Maltese port system25 and the corresponding maritime services have always been important contributors to the country’s economy.

24 APAL, meeting in Tunis on August 3, 2010. 25 Grand harbour (mix of activities) and Marsaxlokk (including Malta Freeport – transhipment and petroleum terminals) are

Malta’s most important international ports; Office of the Prime Minister, Malta Environment and Planning Authority and Ministry of Infrastructure, Transport and Communications, meeting in Valetta on March 9, 2010.

Main routes (yellow) Main oil tanker routes (red) The thickness of the line corresponds to the intensity of the maritime traffic in the region



The importance of its maritime transportation industry has even increased with the development of economic sectors and with the increased investment in port facilities around 2008. A significant rise in the amount of cargo handled and the number of passengers arriving on ferries and cruise liners26 was experienced. In addition, new ro-ro services (Malta - Italy) were introduced and several new container services called at Malta Freeport27. Moreover, in recent years, Malta has actively promoted an upgrade of its maritime package within a hub concept. Short Sea Shipping prevails over ocean shipping. Tunis has the largest port of Tunisia. The largest ports in Sicily (Palermo, Messina, Trapani and Catania) are not located in the south near the Strait of Sicily. Environmental pressure as a result of the intensive maritime traffic (and corresponding collision risk / accident risk) in the area surrounding Malta is relatively high. Moreover, in recent years, pollution in the Mediterranean Sea basin has increased28. Given the countries’ geographical features and their dependence on the Mediterranean Sea basin, the occurrence of an oil spill accident of considerable size in the Strait or in adjacent sea areas immediately has a severe impact on the coastlines and marine and coastal resources29. Figure 7 shows an indication of the oil spill density in the area surrounding Malta. This density is based on satellite pictures that recorded oil spills and is normalised for the number of pictures taken for specific parts of the sea.

Figure 7 : Oil spill density in the area surrounding Malta

Source: Policy Research Corporation based on Joint Research Centre, of European commission,

http://serac.jrc.it 26 At present, larger cruise vessels are calling at Malta with more passengers on board. 27 Malta Environment and Planning Authority (MEPA), 2007, An overview of the state of Marine Spatial Planning in the

Mediterranean countries : Malta report; Malta Maritime Authority, 2009, Annual report of activities: 1st October 2007 – 31st December 2008; Drago, A., 2004, Building the best future for the marine sector in the Maltese Islands: ‘A vision towards enhancing the marine sector’s contribution to the Maltese economy in 2020’.

28 Office of the Prime Minister, Malta Environment and Planning Authority and Ministry of Foreign Affairs, meeting in Valetta on March 9, 2010.

29 The Safemed project – Maritime traffic flows and risks analysis in the Mediterranean sea, www.safemedgis.org; Drago, A., 2004, Building the best future for the marine sector in the Maltese Islands: ‘A vision towards enhancing the marine sector’s contribution to the Maltese economy in 2020’.



The ballast water of ships can lead to another effect on the marine environment. Ballast water is used by ships to reach a certain draft for stability purposes. When a ship is not (fully) loaded, water is added in the port of departure. When the ship is subsequently loaded with cargo in another port, the water is discharged because the cargo will provide the necessary weight. In ballast water, invasive species may be present, which can have an impact on the flora and fauna of the sea if it is discharged into the sea30. The size and quantity of the ports located in or near the Strait indicates that the possibility of the introduction of invasive species in this region is considerable. Another unfavourable effect of shipping is noise, especially for marine mammals since they depend on sound in their functioning. Shipping produces constantly acoustic pollution, which may affect large areas. Sound travels five times faster in water than in air since the density of water transmits acoustic energy much more efficiently. Hence, noise may extend throughout large volumes of water31. The volume of shipping in the Mediterranean Sea results in high background noise levels that are likely to make it more difficult for whales to communicate with each other or to receive acoustic cues, for example to detect approaching vessels or other hazards. There appears to be a relation between noise and collisions with whales (although there is a lack of research). Noise may induce animals to abandon areas otherwise beneficial to them, or to deviate from their usual migration routes.

c/ Fisheries and mariculture

Maltese fishing grounds have always represented an important source of fresh fish supply to the Maltese consumers. Moreover, the fishing sector is likewise important for tourism, not only for fish restaurants, but also for the traditional fishing vessels which contribute to Malta’s image as an authentic maritime nation. The Maltese fishing fleet is made up of approximately 1 100 vessels with a Gross Tonnage (GT) of 12 00032 (in 2009), catching 2 400 tonnes of fish33. The majority of them are small-scale coastal vessels catching a large variety of species (up to 70 different ones) and using various fishing gears34. The establishment of a 25 nm Fisheries Conservation and Management Zone around Malta implies a better protection of the local fishing industry, the sustainable use of fishery resources and consequently the protection of the marine environment. Nevertheless, competition in the fisheries sector mainly takes place outside the 25 nm zone between the different gears used by the fishermen35.

30 IUCN, Marine Menace. Alien invasive species in the marine environment. 31 IUCN, 2008, Maritime traffic effects on biodiversity in the Mediterranean Sea – Volume 1. 32 Information from CNR-IAMC used for case study Strait of Sicily for MESMA project. 33 FAO, statistics, www.faomedsudmed.org/html/country_finf/CountryFInf_All.html. 34 European Commission – DG Maritime Affairs and Fisheries, EU Maritime Policy – Facts and Figures: Malta. 35 Malta Environment and Planning Authority (MEPA), 2007, An overview of the state of Marine Spatial Planning in the

Mediterranean countries: Malta report; Malta Maritime Authority, 2009, Annual report of activities: 1st October 2007 – 31st December 2008; Drago, A., 2004, Building the best future for the marine sector in the Maltese Islands: ‘A vision towards enhancing the marine sector’s contribution to the Maltese economy in 2020’; Office of the Prime Minister, Malta Environment and Planning Authority, Ministry of Resources and Rural Affairs, meeting in Valetta on March 9, 2010.



The Sicilian fishing fleet operating in the south of Sicily consists of 1 370 vessels with a GT of 41 28036. The average GT per vessel shows that the Sicilian fishing vessels are, on average, larger than the Maltese vessels. There is a significant trawling fleet in Sicily (Mazzaro de Vallo) next to the traditional artisanal fleet. The trawling activities in Sicily led (and still lead) to an unsustainable decrease in stocks of commercial species37. In fact, the Sicilian regional government has implemented a trawling ban in the Gulf of Castellammare in 1990 because trawling activities led to the depletion of demersal fish stocks. In this Gulf, only artisanal fishing is allowed. A study initiated to look at the effects of this ban showed an increase in stocks after the ban38. Besides effects on fish stocks, trawling can also damage the bottom of the sea by affecting benthic habitats (e.g. sea grasses and coral), which in turn may reduce the availability of habitats for marine species39. Besides commercial fishing, recreational fishing is carried out and is of significant size. Recreational fishing leads to negative effects on the marine environment since the use of new technologies allows sport fishermen to reach certain populations that were previously unavailable to traditional gears, leading to a decrease in stocks. Moreover, they are not being controlled for respecting regulations. Besides impacting the marine environment, they compete with professional fishermen since they fish for the same species and also sell these fish illegally40. Fishing is a significant economic activity in Tunisia as well. According to the UN Food and Agriculture Organisation (FAO), the total fish production was approximately 111 000 tonnes in 200641. The most productive fishing areas are located in the Gulf of Gabes; more than 70% of fish is caught in the Gulf42. In the Tunisian waters overfishing is a serious threat to the ecosystem. Overfishing is caused by illegal trawling in shallow waters. In addition, trawling leads to the catch of small fish which disturbs the development of fish to mature size. Although Tunisia has the regulations to counter illegal trawling, the implementation of these regulations is lacking due to limited resources for management/control of the area. This is a widespread problem; also in Sicily there is a lack of control. The fisheries sector in Libya is smaller than the Tunisian sector; 40 000 tonnes were caught in 2006. This does not implicate that the Libyan waters are low in fish stocks. In fact, important fishing areas are present. This attracted foreign fleets to fish in Libyan waters. After the establishment of the Fisheries Protection Zone fishing can still take place, but only after paying for permits to fish.

36 Information CNR-IAMC used for case study Strait of Sicily for MESMA project. 37 ISPRA, meeting in Milazzo on August 11, 2010. 38 Pipitone et al, 2000, Fish biomass increase after a four-year trawl ban in the Gulf of Castellammare (NW Sicily,

Mediterranean Sea), Fisheries Research 48: 23-30. 39 Tudela, S., 2004, Ecosystem effects of fishing in the Mediterranean: an analysis of the major threats of fishing gear and

practices to biodiversity and marine habitats. 40 CNR-IAMC, meeting in Palermo on August 12, 2010; ISPRA, meeting in Milazzo on August 11, 2010. 41 FAO, statistics, www.faomedsudmed.org/html/country_finf/CountryFInf_All.html. 42 INSTM – Meeting in Tunis on August 3, 2010.



Aquaculture and mariculture activities in Malta are of importance to meet the future demand for fish products and ensure the continuous provision of fresh fish at a reasonable cost since overfishing in the Sicilian Channel leads to the depletion of several market-valued species. This overfishing is even more accentuated by aggressive commercial fishing efforts on the high seas by competitors from non-neighbouring and even extra-Mediterranean states43. Mariculture is one of the solutions to maintain fish stocks. The government is in the process of preparing an aquaculture strategy. In 2008, around 1 700 tonnes of sea bass and sea bream were produced from aquaculture, along with around 3 800 tonnes of bluefin tuna from capture-based aquaculture. The aquaculture strategy for Malta will identify the way forward for a sustainable aquaculture industry through consultation with all stakeholders. Aquaculture in Sicily is of negligible size. In Tunisia, about 3 000 tonnes were produced by aquaculture facilities. Aquaculture in Tunisia has experienced growth and it is expected to increase further since plans are being made to increase the production capacity of aquaculture. However, worries exist about the environmental impact of aquaculture due to spatial concentration. Distribution of these facilities is suggested by stakeholders to decrease the impact.

d/ Oil and gas exploitation

Maltese oil exploration activities mainly take place offshore. The Maltese continental shelf is divided into a number of exploration areas amounting to a total area of 70 000 km² (see Figure 8). Up until now, 10 wells were drilled. The last of these wells was drilled in 2002. At present, 2 exploration licences have been issued: one for Heritage Oil and one for Malta Oil with the permission to drill. The remaining areas are still available for exploration. Nevertheless, it should be kept in mind that solely the Maltese maritime border with Libya was agreed upon in a bilateral delimitation agreement and that consequently certain limitations to the area where exploration is possible are present. In order to temporarily solve this issue, countries have embarked on joint development discussions around the Pelagian provinces.

43 Drago, A., 2004, Building the best future for the marine sector in the Maltese Islands: ‘A vision towards enhancing the

marine sector’s contribution to the Maltese economy in 2020’.



Figure 8: Areas of oil exploration on the Maltese continental shelf

Source: Oil Exploration Department Malta, 2005, Presentation in Houston, U.S.A. on hydrocarbon

exploration opportunities in offshore Malta

The search for oil on and around Sicily has led to the realisation of a considerable number of oil drills. Figure 9 shows the location of these drills and which offshore drills eventually led to the exploitation of wells through the establishment of offshore oil platforms.

Figure 9 : Previous oil drills (left) and current offshore oil platforms (right) around Sicily


The production of oil and gas is of strong economic importance in Tunisia and Libya. Oil and gas platforms in this area are shown in Figure 10. The two pictures represent two different ‘petroleum systems’, the Bou Dabbous–Tertiary and Jurassic-Cretaceous Composite. The platforms shown on the maps operate in one of these two systems.



Figure 10 : Oil and gas platforms in Tunisia and Libya

Source: Klett, T.R., 2001, Total Petroleum Systems of the Pelagian Province, Tunisia, Libya, Italy, and

Malta—The Bou Dabbous– Tertiary and Jurassic-Cretaceous Composite

Tunisia is involved in several cross-border exploitations:

− Oil exploitation, e.g. the Pantelleria Permit (Italian waters): Sambuca prospect, extends into the Kerkouane permit across the Italian-Tunisian maritime border;

− Gas exploitation, e.g. the Kerkouane Permit (Tunisian waters): Dougga gas / condensate field;

− Oil wells at the Libyan-Tunisian border are exploited by a Libyan-Tunisian joint venture called the Joint Oil Company.

The location of the cross-border projects of Sambuca and Dougga are shown in Figure 11 on the left. The right shows platforms in the territorial sea.



Figure 11: Exploitation of hydrocarbons in Tunisia

Cross-border exploitation Exploitation in the territorial sea

Source: Policy Research Corporation based on the Mediterranean Oil and Gas Plc., Operations, Tunisia and

Kairiki Energy, Tunisia / Italy – Sicily Channel

Cross-border exploitation between Libya – Tunisia takes place in the ‘7th of November Block’. This Offshore block in located in the Gulf of Gabes and is rich in oil and gas. It is owned by the Libyan-Tunisian Joint Oil Company (JOC), which was formed in May 1988 after a territorial dispute. The presence of oil and gas resources in the area surrounding Malta implicates a strong competition for space between the countries involved.

e/ Tourism

Malta is a well-know holiday destination. Overall, Maltese waters are clean and offer high quality and healthy fish products. Tourism industry is mainly located in the northern part of Malta as this area has a lower coastline and land-uses can have access to the sea. The southern part of the Maltese islands is mainly comprised of rocks and cliffs44. In addition to beach tourism, the Malta Tourism Authority identified the yachting sector as one of the target growth sectors in Malta. In this respect removing a number of bottlenecks in infrastructure is believed to be required45.

Sicily is a popular tourism destination as well. Along the coast activities such as recreational bathing, diving, and boating are taking place. Tunisia is a popular country for beach holidays. Numerous resorts are present along the coastline, primarily visited by tourists from Europe. Coastal and marine tourism in Libya is of negligible size. A negative effect of coastal and marine tourism on the environment is caused by increased pressure on wastewater treatment facilities. During the summer season, the water purification system cannot 44 Office of the Prime Minister and Malta Environment and Planning Authority, meeting in Valetta on March 9, 2010.

Dougga(gas)

Indicative EEZ Italy

Indicative EEZ Tunisia

Sambuca(oil)



cope with the additional large number of people (next to local population). As a result the wastewater is discharged directly into the sea (without purification), decreasing the water quality and increasing the probability of eutrophication.

f/ Renewable energy – offshore wind energy

Given the Maltese islands’ limited landmass, the marine space may eventually offer a huge potential source of clean renewable energy, in anticipation that the marine-based RES technologies will mature in the years to come. The wind potential, sea depth and distance to shore are critical factors that influence the feasibility of offshore wind farm projects. Unfortunately, the relatively steep bathymetry in most of the Maltese coastal areas is the major drawback for any type of offshore installation46. The Maltese Government is currently planning an offshore wind-farm at Is-Sikka l-Bajda that is deemed to be the only area available in the Maltese territorial waters that is shallow and large enough to accommodate a reasonably sized offshore wind-farm with present technology. For Sicily a plan has been made to construct offshore wind farms on the rocky banks near Sicily: the Adventure Bank (60 MW), the Pantelleria Bank (168 MW) and the Talbot Bank (354 MW)47. However, these areas are also important for fish species. Their stocks are likely to be negatively impacted by the construction of wind farms. After construction, fish mortality will rise due to a combination of the attraction and concentration effect of the structures48 on the fish fauna (more fish stocks in one place) and the easier identification of the area by fishermen49. The plan for these offshore wind farms is in an early stage of development and it is therefore uncertain whether offshore wind farms will be installed in this area. Currently, the only opposition to the development of these projects are NGOs (Greenpeace, WWF and ACCOBAMS) that claim offshore MPAs in the Strait of Sicily. In Tunisia, the northern coastal region seems to offer important opportunities for wind energy. So far no offshore wind turbines have been installed, but since 2009 an (onshore) wind farm in Sidi Daoud has become operational. In the future, offshore wind may prove to be beneficial.

g/ Cables and pipelines

The area surrounding Malta is an important area for gas transportation through submarine pipelines. The Greenstream pipeline has recently been built. In 2004 the pipeline went into operation. The Trans-Mediterranean pipeline is older. The first phase of the pipeline was constructed in 1978-1983

45 European Commission – DG Maritime Affairs and Fisheries, EU Maritime Policy – Facts and Figures: Malta. 46 Source: Maltese authorities. 47 Information CNR-IAMC used for case study Strait of Sicily for MESMA project. 48 Fish tend to aggregate around objects placed in the sea. 49 CNR-IAMC, www.iamc.cnr.it/IAMC.



and the second phase in 1991-1994. The pipelines are shown in Figure 1250.

Figure 12 : Gas pipelines in the Mediterranean Sea


Submarine cables are also present in the area. At least six cables cross the area51, including the cable projects MedNautilus, LEV and Minerva. Gas pipelines and cables can be damaged by fishing or anchoring, but these incidents are rare.

50 The Galsi and Medgaz submarine pipelines are planned. The construction of the Medgaz pipeline has been finished and

is expected to start operating in the second half of 2010. Construction of the Galsi pipeline has not started yet. 51 Information from CNR-IAMC used for case study Strait of Sicily for MESMA project.

The application of MSP in the area surrounding Malta


III. THE APPLICATION OF MSP IN THE AREA SURROUNDING MALTA

The following sections are structured by following the MSP key principles52. After detailing the area and the type and density of the activities taking place in the region, stakeholder involvement and the legal and institutional framework are discussed. Next, the cross-border/international cooperation and consultation is discussed, followed by the data collection, monitoring and evaluation of marine / maritime-related topics. The chapter ends with the coherence between terrestrial and Maritime Spatial Planning.

III.1. AREA AND TYPE OF ACTIVITIES

A maritime spatial plan may not need to cover a whole area but should be based on the type of planned or existing activities and their impact on the environment (MSP key principle 1 and 2)

In general, mutual competition between maritime activities and environmental pressure of these activities is highest in the waters near the coasts of Sicily, Malta and Tunisia and in the Strait of Sicily. As Malta’s coastal sea area is rather limited, competition between the different maritime activities in the sea area is likely to arise. At present, competition is mainly experienced within 2 nautical miles off the coast (recreational boating, fishing and diving). The Ministry of Infrastructure, Transport and Communications indicated that especially with regard to recreational boating there is room for improvement for a better organisation / allocation of space53. Nevertheless, competition between activities – in case competition arises – is currently solved through discussions between the involved ministries, leading to the most optimal decision54. In the future, competition between maritime

52 Communication from the Commission, 25 November 2008, Roadmap for Maritime Spatial Planning: Achieving

Common Principles in the EU, COM (2008) 791. 53 Office of the Prime Minister, Malta Environment and Planning Authority and Ministry of Infrastructure, Transport and

Communications, meeting in Valetta on March 9, 2010. 54 Office of the Prime Minister and Malta Environment and Planning Authority, meeting in Valetta on March 9, 2010. The

development of aquaculture started in the late 80s which lead to the issuing of a policy guidance (in compliance with



activities could increase resulting from new demands such as land reclamation, artificial islands and offshore dumping sites. In Sicily competition between maritime activities is primarily related to fisheries. Artisanal fishing is an important economic sector in Sicily, especially in terms of employment and these fishermen experience (non-spatial) competition from trawlers since fish stocks have reduced considerably as a result of trawling. Additional (spatial) competition from trawlers is present because some trawlers fish illegally within the 3 nautical miles zone, in which trawling is forbidden55. Furthermore, artisanal fisheries experience competition from recreational fishing, which is of considerable size in Sicily. The competition of trawling and recreational fishing with artisanal fishing results in decreased fish stocks, which threatens the ecosystem and, as a result, the viability of (artisanal) fishing. Furthermore, the marine environment is being affected by coastal and marine tourism. For instance, divers damage marine habitats such as corals and sponges, boats are anchored (damaging marine habitats) and tourists walk on the (environmentally important) rocky shores. Moreover, the untreated wastewater discharges from land-based activities such as agriculture, industry and urbanised areas affects the environment by a decrease in water quality. For example, a beach in Sicily was closed recently because the water was too polluted due to wastewater discharges. In Tunisia the most competition is experienced in the Gulf of Gabes. Activities taking place in this area are mariculture, fishing, coastal and marine tourism, oil exploitation and (land-based) chemical industry. The chemical industry poses a significant problem, since the wastewater (containing phosphor) of plants is directly discharged into the Gulf. This has a strong impact on the marine environment, including sea grasses. Oil exploitation conflicts with coastal and marine tourism and (small-scale) fisheries. Furthermore, the increase in mariculture capacity has led to questions about the distribution of these facilities. Suggestions have been made to redistribute capacity in order to mitigate pollution. The Strait of Sicily is of strong economic and environmental importance. The Strait connects the Western Mediterranean Sea with the Eastern Mediterranean Sea. Moreover, passenger and commercial traffic to and from Malta, Pantelleria, Lampedusa and Tunisia is intense. As a result, maritime traffic in the Strait is substantial. Besides shipping activities, platforms are located in the Strait for the exploitation of oil and gas in the Strait and, in the future, new platforms will be added. For example, in Sicily a considerable number of permits have been requested for new projects. Trawl fishing is another activity taking place in this Strait. In addition, a plan for offshore wind farms on the

stakeholders and after conducting Environment Impact Assessments (EIAs)) in 1994; the introduction of blue fin tuna in 2001 required more marine space; Malta Environment and Planning Authority (MEPA) discussed this development with the Ministry of Resources and Rural Affairs (Fisheries); a decision was taken to place the fish farms further off the coast; the changes were included in the local plan.

55 Trawlers sometimes damage or destroy the set gears used by artisanal fishermen; CNR-IAMC, meeting in Palermo on August 12, 2010.



banks off the southwest coast of Sicily has been developed56, which would impact the benthic communities on the banks. At the same time, NGOs propose MPAs in these areas. Hence, the (potential) competition between these activities leads to a need for MSP. The need for MSP is reinforced because of the Strait’s environmental importance.

III.2. NATIONAL STAKEHOLDER PARTICIPATION

In order to achieve broad acceptance, ownership and support for the implementation of MSP, it is important to involve all stakeholders at the earliest possible stage in the planning process (MSP key principle 4)

The stakeholders listed in Table 3 are included based on their competences in the field of (maritime) spatial planning, maritime activities / policy and environmental protection. Moreover, research centres and other stakeholders providing information for the implementation of maritime policy are included. Stakeholders representing economic activities such as fisheries, maritime transport, ports and hydrocarbons are not included in this table, although they are important stakeholders for MSP. More information on the competences and activities of the different stakeholders will be provided in sections III.3 and III.5.

Table 3: Relevant stakeholders ‘Area surrounding Malta’


56 More information can be found at www.4wind.it.

Libya Malta Italy Tunisia

National

Urban Planning Agency (UPA) Environment General Authority (EGA)

Office of the Prime Minister – MEPA Ministry for Infrastructure, Transport and Communications Ministry of Resources and Rural Affairs Ministry for Finance, the Economy and Investment

Ministry of the Environment, Land and Sea Ministry of Infrastructure and Transport Ministry of Agriculture and Fisheries Ministry of Defence

Ministry of Environment and Sustainable Development − Coastal Protection

and Management Agency (APAL)

− National Agency for the Protection of the Environment (ANPE)

Public authorities

Regional / local

Departments of the (special) region Sicily

Other stakeholders ISPRA

ARPA CNR-IAMC

INSTM



a/ Italy

The regional government of Sicily has a strong autonomy, also with regard to the territorial sea. This makes the regional government’s role as a stakeholder stronger compared to other regions that do not have a special status. At the level of the regional government, a sectoral approach is present with regard to spatial planning. Depending on the type of activity, different departments are involved. Moreover, several activities related to the sea are the responsibility of national ministries and laws imposed by the regional government must be in accordance with national legislation. Involvement of research institutes in the decision-making process has been lacking in the past. Although a number of research institutes (i.e. University of Palermo, Messina and Catania, ISPRA (ex-ICRAM) and CNR-IAMC have always been formal members of the Sicilian Fisheries Council. Yet, their advice has rarely been taken into consideration in the final political decisions57. For example, ISPRA has never been consulted for the establishment of MPAs in Sicily. Stimulated by the European Union, the Sicilian government has started to involve ISPRA in a research proposal in order to include scientific knowledge on fish. But, in general, decisions are taken top-down in Sicily implicating that stakeholder involvement needs to improve.

b/ Libya

The most important actors involved in spatial planning and marine protection in Libya are58:

− Urban Planning Agency (UPA): monitoring the development of spatial development plans at regional, sub-regional and local level;

− Environment General Authority (EGA). The introduction of the National Spatial Planning Strategy 2006 – 2030 provided guidelines for the preparation of regional, sub-regional and urban plans and a method of comprehensive planning (from general concepts to more detailed issues). A rather large number of plans failed in practice mainly because local conditions and needs were not considered properly. This indicates a lack of stakeholder involvement at the local level.

c/ Malta

National stakeholder participation in the Maltese planning process is ensured as consent of the different ministries is needed at the point of inception. The expansion of a harbour for example requires a review of the local plan, if such an expansion is not contemplated by the local plan in force. For the local plan review to be undertaken, government direction through the issuing of objectives of the review is given to MEPA. Prior to this step, consultation with the relevant ministries is ensured so as to determine any impacts on sectoral plans and strategies and consequent prioritisation of initiatives. The Local Plan Review process involves public consultation and screening for Strategic

57 ISPRA/CNR-ICRAM, meeting in Palermo on August 12, 2010. 58 2006, Libya – Urban Planning Agency.



Environment Assessment. Local Plan reviews require endorsement by the minister responsible for Development Planning, the prime minister, in order to be rendered effective59.

d/ Tunisia

The main actor involved in the management of the maritime public domain is the Coastal Protection and Management Agency (Agence de Protection et d'Aménagement du Littoral – APAL)60. The agency is subordinated to the Tunisian Ministry of Environment and Sustainable Development and was created by law in 1995 to implement national policy with regard to coastal protection in general and the public maritime domain in particular. As regards the protection of the marine environment, the Tunisian key player is the National Agency for the Protection of the Environment (Agence Nationale de Protection de l’Environnement – ANPE)61, which is also subordinated to the Tunisian Ministry of Environment and Sustainable Development. INSTM (Institute National des Sciences et Technologies de la Mer) is the focal point regarding fisheries and aquaculture. The institute studies the Tunisian Sea in order to provide the DGPA (Directeur Général Pêche et Aquaculture) with recommendations about the actions that are needed to preserve ecosystems. INSTM and DGPA are part of the Ministry of Agriculture, Fisheries and Water Resources. The authority for decision-making is fully allocated to the national government. Authorities at the regional or municipality level are stakeholders in the sense that they can give their opinion about any kind of proposals. For coordination purposes, an inter-ministerial committee has been established to decide over proposals related to the sea. Each ministry has a representative in this committee, which ensures that the different opinions from stakeholders are discussed in the decision-making process. More information about this committee is provided in Paragraph III.3.

III.3. INSTITUTIONAL AND LEGAL FRAMEWORK

Maritime Spatial Planning needs a streamlined decision process, sufficient coordination and transparency among administrative authorities and should be legally binding (MSP key principle 3, 5 and 6)

An overview of the institutional and legal framework with regard to coastal and / or Maritime Spatial Planning in the area surrounding Malta is presented in Table 4.

59 Source: Maltese authorities. 60 APAL, www.apal.nat.tn. 61 ANPE, www.anpe.nat.tn.



Table 4: Institutional and legal framework in the area surrounding Malta

Italy Libya Malta Tunisia

Level of responsibility for coastal planning

State Region

State State State

Responsible ministry for coastal planning

Ministry of the Environment, Land

and Sea

Sectoral ministries Office of the Prime Minister – MEPA

Sectoral ministries

Legal basis for coastal planning

The Urban Planning Law

- Structure Plan

- Development Act

- Coastal Strategy Topic Paper

- Law on territorial and urban planning

- Law on coastal and marine protected

areas Level of responsibility for maritime planning

State Region

State State State

Responsible ministry for maritime planning

Sectoral ministries Sectoral ministries Office of the Prime Minister – MEPA

Sectoral ministries; Inter-ministerial

commission Legal basis for maritime planning


a/ Italy

In Italy, the legal framework for integrated coastal and maritime planning is relatively advanced. In 1982, following the fast development of human activities on the Italian coast, the Law on General Rules for Sea Protection was established. The law foresaw the creation of a sea and coastal defence plan for the whole national territory to be defined in agreement with the regions. Such national plan has not been elaborated so far. Instead, the government decided in 1998 to shift the main coastal competences from the state to the regions as the regions were considered more suited to implement planning policies and Integrated Coastal Zone Management. The regions have the authority to evaluate the state of the environment, especially in inland and coastal areas. Moreover, they have to coordinate aquaculture and fishing activities although they also depend on different national ministries for national coordination. Although there is no dedicated national legal framework for ICZM or MSP, some Italian coastal regions took the opportunity to develop their own Regional Coastal Plans and adequate laws which serve as regional planning instruments. Sicily however, did not develop a Regional Coastal Plan. With regard to coastal and maritime spatial planning, the following national legislation is relevant to consider:

− The Urban Planning Law (N°1150/1942) regulates the building implementation and development



in urban centres as well as in the territory; Italy has three levels of spatial planning, namely the regions, the provinces and the communes;

− Law on Marine Protected Areas (N° 394 of 1991) identifies and defines the activities in MPAs in order to ban those activities that could jeopardise the protection of the environment;

− Environmental Consolidated Act (N°152/06) foresees that the regions develop, in compliance with the European Water Framework Directive 2000/60, a Water Protection Plan as this is a necessary regional instrument to achieve environmental targets as regards the environmental quality of superficial and sea water.

Both regional and national authorities are involved in maritime planning62 and a variety of laws exist concerning both coastal and maritime planning. In this respect, the following national ministries are stakeholders for MSP-related issues63:

− The Ministry of the Environment, Land and Sea64: responsible for the management and protection of inland waters, the prevention of pollution and the protection of the sea and coastal environment;

− The Ministry of Infrastructure and Transport (MIT)65: responsible for all transport infrastructure and general transport planning and logistics; in addition, MIT governs maritime properties of national interest (e.g. sea defences);

− The Ministry of Agricultural, Food and Forestry Policies (MIPAAF)66: responsible for the coordination of policies on aquaculture and fisheries; in addition, the Ministry manages fisheries resources;

− The Ministry of Defence67: responsible for the defence of the Italian territory, including the marine areas.

Table 5 provides insight into the competences of the regions related to MSP.

62 The issue of the division of competences over the territorial sea between the national government in Italy and the regions

with a special status (notably Sicily) is being dealt with by an ongoing ruling. 63 Istituto Superiore per la Protezione e la Ricerca Ambientale, e-mail June 16, 2010. 64 Ministry of the Environment, Land and Sea, www.minambiente.it, art. 36, DLGS 300/1999. 65 Ministry of Infrastructure and Transport, www.mit.gov.it, art. 42, DLGS 300/1999. 66 Ministry of Agriculture and Forestry, www.politicheagricole.it, art. 33, DLGS 300/1999. 67 Ministry of Defence, www.difesa.it, art. 19 – 20, DLGS 3000/1999.



Table 5: Responsibilities Italian regions68

Public body Responsibilities (related to maritime activities) Related legislation

Ordinary regions (e.g. Emilia-Romagna and Veneto)

- Maritime networks and ports (only small ports)

- Administration of maritime (e.g. sea defences) and riverine / lake properties (when used for tourist purposes)

- Protection of environment, establishment and management of reserves at regional level

- Management and protection of inland waters

- Navigation in inland waters

- Fisheries in inland and estuarine waters (conservation of species, fishing licence, aquaculture)

- Prevention of pollution in inland, estuarine and coastal waters

- Art. 117 Constitutional Law, as modified in art. 3 Constitutional Law 18 October 2001 n. 3

- Art. 59 of DPR 616/1977

- Art. 83 of DPR 616/1977

- Art. 91 of DPR 616/1977

- Art. 97 of DPR 616/1977

- Art. 100 of DPR 616/1977

- Art. 100 of DPR 616/1977

Special regions (e.g. Friuli Venezia Giulia)

- Responsibilities listed above

- Fisheries, aquaculture and maritime transport

- Art. 4 Constitutional Law January 31, 1963

Source: Policy Research Corporation based on Istituto Superiore per la Protezione e la Ricerca Ambientale, e-mail June 16, 2010

b/ Libya

According to the World Bank, Libya has no comprehensive legislation that covers the entire coastline and the environmental legislation is weak. Of relevance for ICZM is Law 5 of 1969 on the organisation and planning of towns and villages69. In Libya a rather large number of plans from the National Spatial Planning Strategy failed in practice mainly because local conditions and needs were not considered properly. A sectoral approach towards spatial planning exists. Several ministries have responsibilities that include coastal areas: the Ministries of Planning, Agriculture, Transport, and Defence. The

68 In Italy, there are 20 regions to allow for a better administration of the country. Five out of 20 of these regions were

defined as ‘special’ regions (i.e. Friuli Venezia Giulia, Trentino Alto Adige, Valle D’Aosta, Sicily and Sardinia). This implies that these regions have a stronger autonomy and more economic support from the central state; Istituto Superiore per la Protezione e la Ricerca Ambientale, e-mail June 16, 2010.

69 Worldbank, METAP programme. Country fiche Libya on ICZM, http://siteresources.worldbank.org/EXTMETAP/Resources/CZMP-Libya.pdf.



Environmental General Authority (EGA) is the national agency for environmental management.

c/ Malta

Drafted in 1990, the Structure Plan70 is the document that provides strategic guidance on land-use in the Maltese Islands. The Structure Plan is:

− Regarded as a necessary instrument for the control of development;

− Deals with the conciliation of competing land-uses and the limitations of an increasingly fragile ecology of the landscape;

− Encourages further social and economic development of the Maltese Islands;

− Aims at using land and buildings efficiently and consequently at channelling urban development activity in existing built-up areas particularly through rehabilitation and upgrading of urban areas;

− Aims at radically improving the quality of the environment. Besides the Structure Plan, the Environment Protection Act (1991)71 and Development Planning Act72 (1992) are of particular importance to MSP:

− The Environment Protection Act aims at protecting the environment; preventive and remedial measures for environmental protection and the management of natural resources in a sustainable manner are foreseen;

− The Development Planning Act makes provisions for the planning and management of future development; Amendments to the Act have extended development control beyond the coast towards the marine environment.

Amendments of both Acts in 2001 led to the establishment of the Malta Environment and Planning Authority (MEPA), which is legally obliged to review the Structure Plan73, in order to address issues that are relevant now, or will become relevant in the next 20 years. Reviews are allowed as often as may be necessary provided that such a review does not take place within a period of less than five years. A review of the Structure Plan is currently ongoing. In order to identify coastal issues that can be managed through the development planning process within the revised Structure Plan and to provide a strategic direction towards sustainable development within the Maltese coast within the broader concept of Coastal Zone Management, a coastal strategy topic paper (2001) was drafted. The coastal zone gains more and more importance in the Maltese planning and development process. A number of important results from the topic paper are:

− Definition of the coastal zone: “A geographical space incorporating land and sea areas (seaward limit of 12 nautical miles) within which the natural processes interact to create a unique dynamic system; it also incorporates those activities on land and at sea where human activities are directly

70 Malta Environment & Planning Authority, www.mepa.org.mt. 71 Malta Environment & Planning Authority, www.mepa.org.mt. 72 Malta Environment & Planning Authority, www.mepa.org.mt. 73 Malta Environment & Planning Authority, www.mepa.org.mt.



influenced by or can influence the quality of natural resources”;

− Proposal of a coastal strategy based on a refined zoning scheme that builds upon the existing development zones.

In addition to the Structure Plan, 7 local plans (detailed plans including the coastal zone) have been developed. These plans should be in compliance with the larger, strategic Structure Plan. Figure 13 provides an illustration of a number of aspects of the local plan of the Marsaxlokk bay.

Whilst there is no specific reference to the term ‘Maritime Spatial Planning’, the existing planning legislation provides the necessary framework for developing plans and issuing development permits to regulate sea-uses.

Figure 13: Local plan Marsaxlokk bay

Source: Policy Research Corporation based on Malta Environment and Planning Authority,

www.mepa.org.mt

Regarding planning practices and more specifically Maritime Spatial Planning, the following ministries are of importance74:

− Office of the Prime Minister – Malta Environment and Planning Authority (MEPA);

− Ministry of Infrastructure, Transport and Communications (MITC)75;

− Ministry of Resources and Rural Affairs (MRRA);

− Ministry of Foreign Affairs (MFA).

The Office of the Prime Minister is the ministry with the leading role in government and is

74 Office of the Prime Minister and Malta Environment and Planning Authority, meeting in Valetta on March 9, 2010. 75 Former Malta Maritime Authority (MMA) and Malta Transport Authority (MTA).



responsible for a number of specific areas, among others the environment. With regard to the implementation of policies, each ministry has a number of independent entities / authorities at its disposal. Established under the mandate of (amendments of) both the Environment Protection Act and the Development Planning Act, MEPA is the entity within the Office of the Prime Minister responsible for land-use planning and environmental regulation. In addition, MEPA has jurisdiction to also regulate development at sea (within 12 nm) under the Amendments to the Development Planning Act. Planning concepts for future development and controlling development at sea are embedded as core functions of MEPA76. Consequently, MEPA is the key player in Malta with regard to both terrestrial and maritime spatial planning. Currently, the Malta Environment and Planning Authority is in a reform process. Among others, planning procedures are being reviewed and legislation is being reconsidered. A proposal for the merger of the Environment Protection Act and the Development Planning Act into one act is currently being considered in the Maltese Parliament77. Moreover, in order to ensure coherence between the different policies of the different ministries, a policy unit will be set up in the future78.

d/ Tunisia

The Ministry of Environment and Sustainable Development and the Ministry of Agriculture, Fisheries and Water Resources are always involved in maritime spatial planning. Depending on the maritime activities involved in a proposal, different other ministries will be involved. For the approval of a project in the sea, different steps need to be taken. First the ministry needs to grant approval, then APAL checks whether the plan is in accordance with its objectives. Subsequently ANPE conducts an environmental assessment study. In case the project passes the environmental assessment, an inter-ministerial commission will decide whether the project will receive a license. This inter-ministerial commission consists of representatives of each of the ministries in Tunisia. It deals with questions about the application of the law of the sea and the authorisation of projects in the sea. The use of an inter-ministerial commission ensures the involvement of all stakeholders at the national level. If the commission cannot reach agreement, the prime minister will decide. Stakeholders from different sectors can contact their ministries to provide input for the discussions in the commission. Laws relevant for MSP and ICZM are:

76 Office of the Prime Minister and Malta Environment and Planning Authority, meeting in Valetta on March 9, 2010. 77 Office of the Prime Minister and Malta Environment and Planning Authority, meeting in Valetta on March 9, 2010. 78 Office of the Prime Minister and Malta Environment and Planning Authority, meeting in Valetta on March 9, 2010.



- Law 95-73: public maritime domain. This law includes sections on the role of the inter-ministerial committee and the utilisation and occupation of the sea;

- Law 2003-78: Code de l'Aménagement du Territoire et de l'Urbanisme (code for territorial and urban planning);

- Law 2009-49: Coastal and marine protected areas. This law will be used to enhance and extend biodiversity protection and the sustainable use of marine and coastal resources.

III.4. CROSS-BORDER/INTERNATIONAL COOPERATION AND CONSULTATION

Cooperation across borders will lead to the development of common standards and raise the overall quality of MSP (MSP key principle 7)

Relationships in the area (EU Member as well as non-EU Member States) are well-established. Several bilateral agreements touching a wide range of topics have been signed between the neighbouring countries. In the event of difficulties, solutions have always been found in a collaborative way. From the Maltese side, economic bonds are strongest with Italy79. Another example of their cooperation is that both countries are involved in the FP7-funded MESMA (Monitoring and Evaluation of Spatially Managed Areas) project for the Strait of Sicily80. Figure 14 provides an overview of the different work packages included in the project.

Figure 14: MESMA work packages

Source: MESMA project website, www.mesma.org 79 Office of the Prime Minister, Malta Environment and Planning Authority and Ministry of Foreign Affairs, meeting in

Valetta on March 9, 2010. 80 The project started in November 2009 and runs until November 2013. Office of the Prime Minister, Malta Environment

and Planning Authority and Ministry of Resources and Rural Affairs, meeting in Valetta on March 9, 2010. MESMA project website, www.mesma.org.



MESMA’s aim is to produce integrated management tools (concepts, models and guidelines) for the designation, monitoring and the evaluation of Spatially Managed Areas (SMAs). Tunisia and Malta also cooperate in research programmes. With regard to international platforms – which could be used to further trigger the application of Maritime Spatial Planning in the Mediterranean Sea basin – the Barcelona Convention is regarded as an important facilitator. The Barcelona Convention could support countries through the implementation of specific MSP-related projects81. In general, the well-established relations, especially between Italy, Tunisia and Malta, enable cooperation on topics concerning MSP.

III.5. DATA COLLECTION, MONITORING AND EVALUATION

Maritime Spatial Planning has to be based on sound information and scientific knowledge and requires a transparent regular monitoring and evaluation mechanism (MSP key principle 8 and 10)

Collection of information on the marine environment has only recently started in Malta. The main tools for the gathering of environmental data are projects (e.g. monitoring of the environmental status) and research conducted by specific institutes such as universities82. In order to improve safety and efficiency of vessel traffic and consequently protect the marine environment, the former Malta Maritime Authority established the Vessel Traffic Service in 200483. It is a system that monitors vessel movements through a network of radars, automatic identification system stations, VHF (Very High Frequency) communications, VHF direction finders and weather stations around the Maltese islands. Malta was one of the First EU Member States to have a notification and alert system compliant with SafeSeaNet84 (European Database of the European Maritime Safety Agency)85.

81 Nevertheless, the difference between for example HELCOM and the Barcelona Convention should be kept in mind.

HELCOM on the one hand is a country-driven organisation, through which the inclusion of the countries’ needs in HELCOM’s actions is ascertained. The Barcelona Convention on the other hand is UNEP-driven (Office of the Prime Minister, Malta Environment and Planning Authority and Ministry of Foreign Affairs, meeting in Valetta on March 9, 2010).

82 Office of the Prime Minister and Malta Environment and Planning Authority, meeting in Valetta on March 9, 2010. 83 Drago, A., 2004, Building the best future for the marine sector in the Maltese Islands: ‘A vision towards enhancing the

marine sector’s contribution to the Maltese economy in 2020’. 84 SafeSeaNet's aims to facilitate the collection, dissemination and harmonised exchange of maritime data; the network

assists communication between authorities at the local/regional level and central authorities, consequently contributing to the prevention of accidents at sea and marine pollution; furthermore SafeSeaNet contributes to making the implementation of EU maritime safety legislation more efficient; IDABC, http://ec.europa.eu/idabc/en/document/2282/5926.

85 Drago, A., 2004, Building the best future for the marine sector in the Maltese Islands: ‘A vision towards enhancing the marine sector’s contribution to the Maltese economy in 2020’.



In addition, a survey for the Medits survey programme86 (International bottom trawl survey in the Mediterranean) was conducted in the Strait of Sicily by Maltese and Sicilian (CNR-IAMC) research institutes. The programme intends to produce basic information on benthic and demersal species in terms of population distribution as well as demographic structure (on the continental shelves and along the upper slopes at a global scale in the Mediterranean Sea), through systematic bottom trawl surveys87. The Malta Aquaculture Research Centre carries out research on species diversification in aquaculture, focussing specifically on the amberjack and bluefin tuna. These species have a high commercial value and trials show that they can be cultured in captivity. The Italian research institutes ISPRA and CNR-IAMC are involved in research of the sea around Sicily. The following section focuses on the activities of these institutes and what kind of data they collect. ARPA (Agenzia Regionale per la Protezione Ambientale) is an environmental control and technical support body to the regional, district and local authorities and is administratively and technically independent. ARPA has dedicated offices in each one of the Italian regions. Its functions cover all aspects concerning environmental control, including:

− Monitoring of the various environmental components;

− Management and surveillance of human activities and their territorial impacts;

− Activities in support of the environmental impact assessment of plans and projects;

− Creation and management of a regional environmental information system.

The agencies also have a water department that monitors the marine and coastal habitat in a variety of ways. The following activities are carried out:

− Checks on bathing waters;

− Checks on the ecological quality of the marine and coastal environment;

− Studying and monitoring anomalous phenomena such as sea bloom and eutrophication;

− Studies and applied research into areas of particular environmental value.

The agency’s activities are aimed at local, regional and national institutional customers, the business world and private citizens. In addition, ARPA collaborates with the Italian Agency for the Environment and Territory, the European Environmental Agency and Italian, European and International institutes and research centres. 86 Medits programme website, www.sibm.it/SITO%20MEDITS/principaleprogramme.htm.



ISPRA (Istituto Superiore per la Protezione e la Ricerca Ambientale) is another Italian research institute. The Italian Institute for Environmental Protection and Research was established by Decree no. 112 of 25 June 2008 and converted into Law no. 133 (with amendments) on 21 August 2008. ISPRA performs the following tasks:

− Ex-APAT, Italian Environment Protection and Technical Services Agency (article 38 of Legislative Decree no. 300, July 30, 1999, and subsequently amended);

− Ex-INFS, National Institute for Wildlife (Law no. 157 of February 11, 1992, and subsequently amended);

− Ex-ICRAM, Central Institute for Scientific and Technological Research applied to the Sea (Decree no. 496, article 1-bis, December 4, 1993, converted into Law no. 61, Article 1, January 21, 1994, with amendments).

The Institute acts under the vigilance and policy guidance of the Italian Ministry for the Environment and the Protection of Land and Sea. With regard to MSP, the ex-ICRAM part of ISPRA is most relevant. One of the two research centres of this department (besides headquarters in Rome) is located in Palermo. The Institute for Coastal Marine Environment of the National Research Council (CNR-IAMC) consists of six sections and a marine biology lab (three Sicilian branches) traditionally focused on issues related to marine sciences, in particular aspects of biology, chemistry, physics and geology and studies on renewable resources (fisheries and aquaculture) and marine technologies. Among the most representative lines of research are:

− Aquaculture, with studies on the diversification of farmed species and development of sustainable production systems for the production of marine organisms;

− Chemistry, with the development of models of ecological systems subject to human impact and chemical-analytical methods for environmental monitoring;

− Marine ecology, with studies on areas of transition and of bioacoustics and ecology and behaviour, based on the use of an ecosystem approach aimed at managing space resources;

− Microbiology, with studies of microbial ecology, molecular biology and microbiology, biotechnology and the role of microorganisms in the decomposition of organic matter;

− Oceanography, with experimental studies on oceanography, numerical modelling and operational systems for forecasting sea status;

− Ecologically sustainable fisheries, with studies on resource assessment and sustainable management of capture processes and the impact of fishing on marine ecosystems;

− Earth sciences and coastal environment, the study of solid earth and geodynamics, sedimentary environments and paleoclimate and marine and coastal mapping;

− Conservation of biodiversity and recovery of ecosystems impacted by human uses. In Tunisia the main organisations involved with data collection for the sea, are APAL, INSTM and 87 Medits programme website, www.sibm.it/SITO%20MEDITS/principaleprogramme.htm.



ANPE. The responsibilities of APAL (Agence de Protection et d'Aménagement du Littoral) are:

− Coastal area management and the monitoring of management operations to ensure compliance with rules and standards as set by laws and regulations;

− The regularisation and control of land-use which is not in accordance with laws and regulations;

− Carrying out studies on coastal protection;

− Analysing the evolution of coastal ecosystems. ANPE monitors the marine environment in fishing ports and areas used for recreation and industrial / commercial purposes. INSTM (Institute National des Sciences et Technologies de la Mer) is the focal point regarding fisheries and mariculture. The institute studies the Tunisian sea in order to provide the DGPA (Directeur Général Pêche et Aquaculture) with recommendations about the actions that are needed to preserve ecosystems. The institute performs the following tasks:

− Conducting research programs related directly or indirectly to the sea and its resources, including: fishing, agriculture, marine environment, sea technologies and oceanography;

− Participating in different national, regional and international networks related to the sea;

− Contributing to the resolution of problems related to the development of urban and economic activities on the coast as well as in territorial waters;

− Transferring know-how and research results to decision-makers, professionals of the sea and scientists;

− Supporting decision-making processes in issues relating to the sustainable management of the sea and its resources;

− Contributing to the diffusion of knowledge and education about marine issues and to raising public awareness for the protection and preservation of the sea and its biodiversity.

In Libya the only identified research institute relevant for MSP that was found in the course of this study is the Marine Biology Research Centre (MBRC).

III.6. COHERENCE BETWEEN TERRESTRIAL AND MARITIME SPATIAL PLANNING

Maritime Spatial Planning is considered to benefit from a coherent development with terrestrial spatial planning (MSP key principle 9)

a/ Italy

There is no national ICZM strategy and no regional ICZM region in Sicily. It will therefore be difficult to achieve coherence with terrestrial planning, in case MSP will be developed.



b/ Libya

There is no national ICZM strategy in Libya. It will therefore be difficult to achieve coherence with terrestrial planning, in case MSP will be developed.

c/ Malta

The Maltese planning process is relatively new. Consequently, its implementation is sometimes hampered by inexperience or lack of knowledge and / or insight into the planning process of the different actors involved88. Although no specific reference to the term ‘Maritime Spatial Planning’ is made in the Maltese legislation, it provides the necessary legislative framework for the development of plans and the issuing of development permits to regulate sea-uses. Nevertheless – at present – the Maltese planning process mainly focuses on land-use planning, since most pressure is currently experienced near or on the coast. With regard to the sea, a learning-by-doing approach is followed. Collection of information on the marine environment has only recently started. Once more information is available, a more structured approach towards the planning of the marine environment can be followed89.

d/ Tunisia

In Tunisia, the government considers ICZM a high priority. A Coastal Area Management Programme (CAMP) was carried out for the Sfax region, located along the east coast of Tunisia. However, no national ICZM has been developed. It will therefore be difficult to achieve coherence with terrestrial planning in case MSP is developed.

III.7. BENEFITS OF MSP IN THE AREA SURROUNDING MALTA

MSP has both economic and environmental benefits. In this paragraph the benefits of the application of MSP in the area surrounding Malta will be discussed. Economic effects Figure 15 gives an overview of the possible economic effects of MSP. The effective implementation of MSP in the area surrounding Malta can lead to enhanced coordination with benefits for governments and private organisations in terms of lower administrative costs as a result of more efficient procedures. The implementation of MSP will also lead to lower search costs for companies.

88 Office of the Prime Minister and Malta Environment and Planning Authority, meeting in Valetta on March 9, 2010. 89 Office of the Prime Minister and Malta Environment and Planning Authority, meeting in Valetta on March 9, 2010.



In addition, investments may be accelerated as a result of e.g. more efficient procedures. Moreover, MSP can contribute to the reduction of conflicts of interest. Quantification of the effects in the area surrounding Malta is not possible due to a lack of detailed area-specific data (e.g. the costs of procedures or the costs of conflicts of interest). Because of this, the effects of MSP will be discussed in a qualitative way.

Figure 15: Economic effects of Maritime Spatial Planning

MARITIME SPATIAL PLANNINGMARITIME SPATIAL PLANNING

CERTAINTY AND PREDICTABILITYCERTAINTY AND PREDICTABILITY

1. Lower / higher coordination costs for government

1. Lower / higher coordination costs for government

2. Lower transaction costs for companies

2. Lower transaction costs for companies 3. Better investment climate3. Better investment climate

a. Lower search costsa. Lower search costs

b. Lower legal costsb. Lower legal costs

c. Lower administrative costsc. Lower administrative costs

a. Lower search costsa. Lower search costs

b. Lower legal costsb. Lower legal costs

c. Lower administrative costsc. Lower administrative costs

a. Acceleration of investmentsa. Acceleration of investments

b. More investmentsb. More investments

d. Less conflicts of interestd. Less conflicts of interest

Source: DG Mare, 2010, Study on the economic effects of Maritime Spatial Planning

None of the countries bordering the area surrounding Malta has developed MSP so far. If the key principles of MSP are effectively implemented, enhanced coordination mechanisms will be introduced for MSP issues. The authorities (local, regional and national) are likely to increase their coordination efficiency due to these enhancements. Improved coordination reduces the costs for authorities in different ways (e.g. less administrative costs). Especially in the case of Sicily and Libya, significant potential effects of MSP are available in case coordination is improved, since sectoral approaches dominate, requiring considerable coordination costs. Changes in the legal and institutional framework will first require start-up investments in these countries, but the benefits are likely to be significant. In the longer term the benefits will only rise: without MSP competition between activities will increase, requiring an even stronger coordination between the authorities involved. The inter-ministerial committee in Tunisia and MEPA in Malta are examples of coordination mechanisms.



Integrated management of the sea will also be beneficial for companies that are engaged in maritime activities. Currently, the process of developing an activity at sea may take considerable time in terms of licensing and permitting procedures. If the government improves this process through better coordination, overlapping procedures or other inefficiencies may disappear, leading to lower administrative costs. In addition, as a result of a more efficient government, investments by companies may be accelerated. Accelerated investments result in economic effects, since the value of money today is worth more than the same amount next year. Another benefit is the reduction of search costs. The implementation of MSP will increase the knowledge base of the sea. This knowledge will provide the government the basis for the designation of specific maritime activities (e.g. mariculture) to certain zones, lowering the search costs for companies. In addition to these benefits, MSP is useful by providing tools to decrease or prevent competition between maritime activities that leads to costs (conflicts of interest). For example, competition between coastal and marine tourism and mariculture can be prevented by applying spatial planning. Environmental effects MSP is also beneficial for the environment. MSP includes applying the overarching principle of the ecosystem approach, expressing the need for sustainable development of maritime activities. The sustainability of certain activities in the area surrounding Malta could be improved. For instance, the current level of fishing activity is leading to a continuous decline in fish stocks. Given the importance of the area for marine fauna (e.g. presence of dolphins, nurture / spawning areas), the application of the ecosystem-based approach will be very valuable for the marine environment. If the implementation of MSP will lead to a sustainable way of performing maritime activities, this may lead to economic benefits in the long term for certain activities. For example, sustainable fishing can eventually lead to more healthy fish stocks, leading to long-term viability of the fishing sector. Also coastal and marine tourism will benefit from clean water and healthy flora and fauna.

Conclusions and recommendations


IV. CONCLUSIONS AND RECOMMENDATIONS

IV.1. CONCLUSIONS

The need for MSP The Strait of Sicily is an intensively used area. Maritime traffic, the exploitation of oil and gas and fishing are the most important activities in this area. In addition, this area is of major importance to the marine environment. MSP can be helpful in identifying the areas that need protection and selecting areas where and when activities can take place. This is likely to result in opportunities for the sustainable growth of maritime activities. In (parts of) the coastal areas of Malta, Sicily and Tunisia (Gulf of Gabes) MSP may be valuable as well. Maritime activities such as shipping, fishing (professional as well as recreational), mariculture, marine and coastal and marine tourism (recreational bathing, boating, diving) take place, which may cause competition for space. In addition, these areas are impacted by land-based activities through non-purified wastewater discharges. MSP can be helpful by reducing conflicts between maritime activities and by creating opportunities for the sustainable development of those economic activities and the environment. Feasibility of MSP In this section the main determinants of the feasibility of MSP are discussed for the area surrounding Malta. Stakeholder involvement In Sicily, coordination between administrative authorities responsible for maritime issues is complicated because no coordination body (or similar initiative) is present. In general, decisions with respect to maritime issues are taken top-down in Sicily implicating that stakeholder involvement (of businesses, research institutes and citizens) needs to improve to become in line with the related MSP key principle.



In Malta, national stakeholder participation in the planning process is ensured as consent of the different ministries is needed at the point of inception. After consent has been given by the ministries, the process of public consultation is initiated. This shows that both stakeholder involvement of authorities and the public is formally ensured in Malta. The inter-ministerial committee of Tunisia also ensures stakeholder involvement of all involved ministries. Institutes at the regional or municipality level are incorporated in the planning process, although their role is limited (they can only provide opinions). In Libya a rather large number of plans from the National Spatial Planning Strategy failed in practice mainly because local conditions and needs were not considered properly, indicating a lack of stakeholder involvement at the local level. In order to develop a Maritime Spatial Plan with broad support from citizens, businesses, research institutes and authorities, stakeholders should be involved in an early phase. One the one hand, their involvement can lead to a better understanding of the reasons for MSP. On the other hand, they may contribute by providing useful information with regard to competing activities and possible solutions. Institutional and legal framework In Italy, planning of the sea takes place at different levels of authorities, spread across various ministries and regional departments. Both regional and national authorities are involved and a variety of laws exist concerning both coastal and maritime planning. This fragmentation hampers the application of MSP. Improvements in the legal framework are necessary to provide the legal basis for the development of a Maritime Spatial Plan. In addition, coordination and cooperation between the different levels of authority need to be improved. In Libya the institutional and legal framework for ICZM and MSP seems to be weak. Tunisia achieves coordination between the ministries involved through the inter-ministerial committee, providing a transparent institutional framework. Malta has a streamlined decision process and a transparent institutional framework. The legal framework for MSP is present and in the MEPA both territorial and maritime spatial planning are managed in an integrated way. Cross-border/international cooperation Relationships in the area surrounding Malta (EU as well as non-EU Member States) are well-established. Bilateral interactions include the Maltese / Italian involvement in the FP7-funded MESMA (Monitoring and Evaluation of Spatially Managed Areas) project for the Strait of Sicily90, Maltese / Tunisian research cooperation programmes and cross-border cooperation between Tunisia, Italy and Malta with the objective to establish a protected area on the high seas. Moreover, the countries are involved in the joint exploration of oil fields. In general, the well-established relations between Italy, Tunisia and Malta create a framework to enable cooperation on topics concerning MSP.

90 The project started in November 2009 and runs until November 2013. Office of the Prime Minister, Malta Environment

and Planning Authority and Ministry of Resources and Rural Affairs, meeting in Valetta on March 9, 2010.



Data collection, monitoring and evaluation Malta has only recently started to collect information about the marine environment. In Sicily and Tunisia, several research institutes are involved in this type of research. However, in order to obtain a clear overview of the sea, considerable additional research will be required, especially for areas further offshore. The MESMA project in the Strait of Sicily is a study that corresponds exactly with the type of research needed for the application of MSP. Coherence between ICZM and MSP Although no specific reference to the term ‘Maritime Spatial Planning’ is made in the Maltese legislation, it provides the necessary legislative framework for the development of plans and the issuing of development permits to regulate sea-uses. In the other countries surrounding Malta no such legislation is currently present, complicating the achievement of coherence between coastal planning and MSP. Table 6 summarises the status in Italy (Sicily), Malta and Tunisia with regard to the MSP ‘effect principles’91, i.e. what to achieve with MSP. These principles are: (a) a simplified decision process, (b) the establishment of a legal framework, (c) cross-border (/ international) cooperation and (d) coherence with other planning systems.

91 See DG Mare, 2010, Study on the Economic Effects of Maritime Spatial Planning.



Table 6: Summary status MSP ‘effect principles’ in the area surrounding Malta

Italy (Sicily) Malta Tunisia Libya Simplified decision-making process

No single point of contact; the division of competences over the territorial sea between the national government and the regions with a special status (notably Sicily) is being dealt with by an ongoing ruling

At the national level, MEPA coordinates communication with other ministries

Coordination is achieved through decision-making by the inter-ministerial committee

n.a.

Establishment of a legal framework

To date no legal framework for MSP (or ICZM)

The existing planning legislation provides the necessary framework for developing plans and issuing development permits to regulate sea-uses



Cross-border (/ international) cooperation

Cross-border (/ international) cooperation between the countries involved is well-established; examples are joint exploitation of oil fields and willingness to create an MPA on the high seas. However, no cooperation platform is present for marine-related issues.

Coherence with other planning systems

Competences are unclear, coherence is difficult to achieve in Sicily

Legislation allows integration of management of sea and land areas

Coherence is difficult to achieve, coastal and maritime planning are not integrated

n.a.


IV.2. RECOMMENDATIONS

In order to implement MSP in the area surrounding Malta, it is recommended that the parties involved work according to the ten MSP key principles. Especially in areas such as the area surrounding Malta, the principle of cross-border/international cooperation is important as multiple states are involved. A solution for managing the (high) seas could be to establish an independent management body. In this way, control will not be bound to a national territory, which may be more effective for e.g. controlling shipping in the Strait of Sicily. National coordination will be important as well; the examples of Malta and Tunisia provide possible solutions to improve the coordination of the development and implementation of MSP. In the following paragraphs these recommendations are explained in detail.



In addition, the section on recommendations in the final report provides more extensive (general) recommendations useful for the area surrounding Malta. Also the best practices in the final report may provide useful examples for setting up or implementing certain aspects of MSP. Stakeholder involvement For the acceptance of and input for MSP, stakeholder involvement is key. It is important to involve stakeholders (e.g. government, industries, and research institutes) in an early stage. In this way they can be convinced of the need for sustainable development of the sea during the process. If they are involved in a later stage, they may dispute the outcomes of a spatial plan, which could be a major challenge for the effectiveness of MSP. In addition, their involvement will provide the policy makers with input for the establishment of such a spatial plan. Institutional and legal framework Maritime-related policies are currently being developed in Sicily and Libya according to a sectoral approach. This leads to considerable coordination and cooperation challenges for the public authorities involved. The use of a coordination body is recommended to overcome these challenges. The coordination role can be carried out by an existing authority or through the establishment of a separate committee or entity. The examples of Malta (MEPA) and Tunisia (inter-ministerial committee) prove that coordination can be ensured. Because in Italy (Sicily) different levels of authority are involved in the decision-making process, there is, besides a need for horizontal cooperation, a need for vertical coordination. It would be beneficial to both regional and national ministries to facilitate efficient vertical and horizontal coordination in order to enable holistic, integrated MSP. In this respect, it is recommended to establish a coordinating body or an inter-ministerial committee both at the national level and at the regional level. Data collection, knowledge creation and evaluation For the collection of data and creation of knowledge about the area surrounding Malta, national and international cooperation between the organisations involved in marine research is important. Although cooperation already takes place for data collection and research, improvements are needed. The development of more uniform research methodologies is required to make data comparable. Also, coordination on the selection of research topics is important in order to avoid overlapping work. Currently, no platform for cooperation is present; setting up a network involving all marine research parties for the area surrounding Malta may provide the framework for coordination and cooperation. In order to tackle the most critical issues, an assessment should be made of the most important research topics for the territorial seas and high seas. Coherence with terrestrial planning In general, spatial planning of the coast is more challenging than planning of the sea since competition



for space is currently often stronger on land. Although the development of an ICZM strategy is therefore often perceived as having a higher priority than the development of MSP, it is recommended that Maritime Spatial Plans are developed preferably simultaneously with ICZM or only shortly after its implementation. Monitoring and control If a Maritime Spatial Plan is developed, the surveillance of the area needs to be effective. Currently, enforcement problems exist in the area surrounding Malta, also in the coastal areas. Improvements in surveillance are therefore highly recommended. For instance, vessel tracking monitoring systems can be implemented. For the detection of oil spills, the CleanSeaNet tool can be used, providing a near-real-time satellite-based oil spill and vessel monitoring service. In addition, cross-border/international cooperation can be applied for physical surveillance. The coast guards may cooperate near borders for the purpose of control. In this respect the Bluemassmed programme for the Mediterranean Sea is a good development. Also the establishment of an independent management and control body can be a solution. In addition, the use of cameras in protected areas may be useful. Moreover, cross-sectoral national cooperation should be considered to integrate monitoring and control activities. For monitoring and control of (part of) the high seas, countries have the option to cooperate internationally through international conventions/treaties or through establishing maritime zones. It is recommended to first look into the possibilities for cooperation within the framework of the Barcelona Convention or other (regional) initiatives. The establishment of a specific MSP protocol for the Barcelona Convention could be a solution. If cooperation does not lead to the desired effects, an alternative is the establishment of maritime zones in the Mediterranean Sea such as Exclusive Economic Zones, Fisheries Protection Zones or Environmental Protection Zones. If a country establishes such a zone it has the right and duty to manage and control the area to a certain extent, depending on the type of zone92. In the Mediterranean Sea, the establishment of zones is challenging due to the relative proximity of other countries; the zones’ borders may be disputed by the adjacent countries. Also, in the area surrounding Malta, the establishment of zones is a difficult issue, because of valuable oil and gas resources in the area.

92 An EEZ is the only type of zone that provides a basis for the application of MSP on the high seas.

Annexes


ANNEX I: ABBREVIATIONS

General abbreviations EEZ Exclusive Economic Zone EFPZ Ecological and Fishery Protection Zone EIA Environmental Impact Assessment EPZ Ecological Protection Zone EU European Union FAO Fisheries and Agriculture Organisation GT Gross tonnage IBA Important Bird Area IMO International Maritime Organisation LNG Liquefied Natural Gas MEDPAN Mediterranean Protected Areas Network MPA Marine Protected Area MSP Maritime Spatial Planning n/a Not applicable nm Nautical mile SPAMI Specially Protected Areas of Mediterranean Interest UN United Nations UNCLOS United Nations Convention on the Law of the Sea Specific abbreviations ANPE Agence Nationale de Protection de l’Environnement APAL Agence de Protection et d’Aménagement du Littoral ARPA Agenzia Regionale per la Protezione Ambientale AW Atlantic Water CAMP Coastal Area Management Programme CNR-IAMC Consiglio Nazionale delle Ricerche-Institute for coastal marine environment DGPA Directeur Général Pêche et Aquaculture EGA Environment General Authority EOW Eastern Mediterranean Outflow Water ICRAM Central Institute for Scientific and Technological Research applied to the Sea



INSTM Institute National des Sciences et Technologies de la Mer ISPRA Istituto Superiore per la Protezione e la Ricerca Ambientale JOC Libyan-Tunisian Joint Oil Company LIW Levantine Intermediate Water MBRC Marine Biology Research Centre MEPA Malta Environment and Planning Authority MESMA Monitoring and Evaluation of Spatially Managed Areas MIPAAF Ministry of Agricultural, Food and Forestry Policies MIT Ministry of Infrastructure and Transport MITC Ministry of Infrastructure, Transport and Communications MFA Ministry of Foreign Affairs MRRA Ministry of Resources and Rural Affairs SMA Spatially Managed Area UPA Urban Planning Agency VHF Very High Frequency

Annexes


ANNEX II: LIST OF CONTACT PERSONS

Country Contact Organisation Italy Aldo Consenti Coordinatro for the Barcelona Convention Italy Andrea Bonometto ISPRA Italy Angelo Ciasca Ministry of Environment, Land and Sea Italy Bianca Picciurro Assologistica Italy Carlo Lombardi Confitarma / Federazione del Mar Italy Carlo Pipitone ISPRA Sicilia Italy Carmelo Barbaro Dipartimento Urbanistica e Governo del

Territorio – Calabria region Italy Emanuele d’Agostino Contship Italia Italy Enrico Pujia Ministry of Infrastructure and Transport Italy Franco Andaloro ISPRA Sicilia Italy Gianluca Franceschini ISPRA Italy Giovanni Arnone Assessorato Regionale Territorio e Ambiente

(ARTA) – Sicilia region Italy Leonardo Tunesi ISPRA Sicilia Italy Luigi Librici ARPA Sicilia Italy Oliviero Montanaro Ministry of Environment, Land and Sea Italy Pierpaolo Consoli ISPRA Sicilia Italy Stefano Corsini ISPRA Italy Stefano Rosa Ministry of Infrastructure and Transport Italy Teresa Romeo ISPRA Sicilia Italy Tomas Vega Fernandez ISPRA Sicilia Italy Valentina Esposito ISPRA Sicilia Libya Bashir R. Kh. Azlitni University of Al-Fateh Libya Mohamed Farhat Abdulmaula Lybian Mission to the EU Libya Abdulmagid Hamza General Environment Authority – Marine



Conservation Department Malta Alan Deidun Operational Centre of the University of

Malta Malta Charles Galea Ministry of Resources and Rural Affairs -

Oil Exploration Department Malta Edward Vernon European Union Secretariat Malta Joseph Gauci MEPA Malta Marie-Louise Magnion Office of the Prime Minister Malta Michelle Borg MEPA Malta Susan Portelli Ministry of Resources and Rural Affairs -

Fisheries Control Department Tunisia Abdallah Maacha APAL Tunisia Chedly Rais Regional Activity Centre for Specially

Protected Areas Tunisia Cherif Sammari Institut National des Sciences et Tecniques

de la Mer (INSTM) Tunisia Habib Ben Moussa Agence de Protection et d’Aménagement du

Littoral (APAL) Tunisia Maher Mahjoub Ministère de l'Agriculture, de

l'Environnement et des Ressources Hydrauliques

Tunisia Mohammed Hadjali Salem GFCM Tunisia Samir Kaabi Agence Nationale de Protection de

l'Environnement (ANPE)

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