REPORT on the proposal for a directive of the European Parliament and of the Council establishing a framework for maritime spatial planning and integrated coastalmanagement

13.11.2013 - (COM(2013)0133 – C7‑0065/2013 – 2013/0074(COD)) - ***I

Committee on Transport and Tourism
Rapporteur: Gesine Meissner


Procedure : 2013/0074(COD)
Document stages in plenary

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a directive of the European Parliament and of the Council

establishing a framework for maritime spatial planning and integrated coastal

management

(COM(2013)0133 – C7‑0065/2013 – 2013/0074(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to Parliament and the Council (COM(2013)0133),

–   having regard to Article 294(2) and Articles 43(2) and 100(2), 192(1) and 194(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0065/2013),

–   having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–   having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by a Parliament of the Kingdom of Belgium, the German Bundesrat, the Irish House of Representatives, the Irish Senate, the Lithuanian Parliament, the Netherlands Senate, the Netherlands House of Representatives, the Polish Senate, the Finnish Parliament and the Swedish Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity,

–   having regard to the opinion of the European Economic and Social Committee of 18 September 2013[1],

–   having regard to the opinion of the Committee of the Regions of 9 October 2013[2],

–   having regard to Rule 55 of its Rules of Procedure,

–   having regard to the report of the Committee on Transport and Tourism and the opinions of the Committee on the Environment, Public Health and Food Safety and the Committee on Fisheries (A7-0379/2013),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment  1

Proposal for a directive

Citation 1 a (new)

Text proposed by the Commission

Amendment

 

Having regard to Council Decision 2010/631/EU of 13 September 2010 concerning the conclusion, on behalf of the European Union, of the Protocol on Integrated Coastal Zone Management in the Mediterranean to the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean1,

 

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1 OJ L 279, 23.10.2010, p. 1.

Amendment  2

Proposal for a directive

Recital 1

Text proposed by the Commission

Amendment

(1) The high and rapidly increasing demand for maritime space for different purposes, such as renewable energy installations, maritime shipping and fishing activities, ecosystem conservation and tourism and aquaculture installations, as well as the multiple pressures on coastal resources require an integrated planning and management approach.

(1) The high and rapidly increasing demand for maritime space for different purposes, such as renewable energy installations, oil and gas exploration and exploitation, maritime shipping and fishing activities, ecosystem and biodiversity conservation, the extraction of raw materials, tourism and aquaculture installations, as well as the multiple pressures on coastal resources, require an integrated planning and management approach.

Justification

The extraction of raw materials is added here in the recitals to bring this in line with Art 7

Amendment  3

Proposal for a directive

Recital 2

Text proposed by the Commission

Amendment

(2) Such an approach to ocean management has been developed in the Integrated Maritime Policy for the European Union, including, as its environmental pillar, Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for Community action in the field of marine environmental policy. The objective of the Integrated Maritime Policy is to support the sustainable development of seas and oceans and to develop coordinated, coherent and transparent decision-making in relation to the Union's sectoral policies affecting the oceans, seas, islands, coastal and outermost regions and maritime sectors, including through sea-basin strategies or macro-regional strategies.

(2) Such an approach to ocean management and maritime governance has been developed in the Integrated Maritime Policy for the European Union, including, as its environmental pillar, Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for Community action in the field of marine environmental policy. The objective of the Integrated Maritime Policy is to support the sustainable development of seas and oceans and to develop coordinated, coherent and transparent decision-making in relation to the Union's sectoral policies affecting the oceans, seas, islands, coastal and outermost regions and maritime sectors, including through sea-basin strategies or macro-regional strategies.

Justification

IMP was established in particular to create a more coherent governance framework for maritime policy.

Amendment  4

Proposal for a directive

Recital 3

Text proposed by the Commission

Amendment

(3) The Integrated Maritime Policy identifies maritime spatial planning and integrated coastal management as cross-cutting policy tools for public authorities and stakeholders to apply a coordinated, integrated approach. The application of an ecosystem-based approach will contribute to promoting the sustainable growth of the maritime and coastal economies and the sustainable use of marine and coastal resources.

(3) The Integrated Maritime Policy identifies maritime spatial planning and integrated coastal management as cross-cutting policy tools for public authorities and stakeholders to apply a coordinated, integrated and trans-boundary approach. The application of an ecosystem-based approach will contribute to promoting the sustainable growth of the maritime and coastal economies and the sustainable use of marine and coastal resources.

Justification

To strengthen cross-border cooperation is crucial for IMP and in particular MSP and ICM.

Amendment  5

Proposal for a directive

Recital 5

Text proposed by the Commission

Amendment

(5) In its recent Communication on Blue Growth, Opportunities for Marine and Maritime Sustainable Growth, the Commission has identified a number of ongoing EU initiatives which are intended to implement the Europe 2020 Strategy for smart, sustainable and inclusive growth. The Communication has also identified a number of sector activities on which blue growth initiatives should focus in the future and which should be adequately supported by maritime spatial plans and integrated coastal management strategies.

(5) In its recent Communication on Blue Growth Opportunities for Marine and Maritime Sustainable Growth, the Commission has identified a number of ongoing EU initiatives which are intended to implement the Europe 2020 Strategy for smart, sustainable and inclusive growth. The Communication has also identified a number of sector activities on which blue growth initiatives should focus in the future and which should be adequately supported by maritime spatial plans and integrated coastal management strategies. The Member States’ clear support for those identified strategic areas will provide legal certainty and predictability for public and private investment, which will have a leverage effect on all sectoral policies linked to the maritime and coastal space.

Amendment  6

Proposal for a directive

Recital 7

Text proposed by the Commission

Amendment

(7) The United Nations Convention on the Law of the Sea (UNCLOS) states in its preamble that issues relating to the use of ocean space are closely interrelated and need to be considered as a whole. Planning of ocean space is the logical advancement and structuring of the use of rights granted under UNCLOS and a practical tool in assisting Member States to comply with their obligations.

(7) The United Nations Convention on the Law of the Sea (UNCLOS) states in its preamble that issues relating to the use of ocean space are closely interrelated and need to be considered as a whole. Planning of ocean space is the logical advancement and structuring of the use of rights granted under UNCLOS and a practical tool in assisting Member States and the competent sub‑national authorities to comply with their obligations.

Justification

In many Member States, like Italy, territorial waters are not managed directly by the state, but by sub-national entities, such as regional governments. It should be these competent authorities that benefit from the assistance offered by technical tools under UNCLOS.

Amendment  7

Proposal for a directive

Recital 10

Text proposed by the Commission

Amendment

(10) In order to ensure consistency and legal clarity, the geographical scope for maritime spatial planning and integrated coastal management strategies should be defined in conformity with existing legislative instruments of the Union and international maritime law.

(10) In order to ensure consistency and legal clarity, the geographical scope for maritime spatial planning and integrated coastal management should be defined in conformity with existing legislative instruments of the Union and international maritime law, in particular UNCLOS.

Amendment  8

Proposal for a directive

Recital 12

Text proposed by the Commission

Amendment

(12) While it is appropriate for the Union to lay down rules on maritime spatial plans and integrated coastal management strategies, Member States and their competent authorities remain responsible for designing and determining, within their marine waters and coastal zones, the content of such plans and strategies, including the apportionment of maritime space to the different sector activities.

(12) While it is appropriate for the Union to lay down a transparent and coherent framework on maritime spatial plans and integrated coastal management strategies, Member States and their competent authorities remain responsible for designing and determining, within their marine waters and coastal zones, the content of such plans and strategies, including the apportionment of maritime space to the different sector activities and maritime uses.

Amendment  9

Proposal for a directive

Recital 13

Text proposed by the Commission

Amendment

(13) So as to respect proportionality and subsidiarity, as well as minimise additional administrative burden, transposition and implementation of this Directive should to the greatest extent possible build upon existing national rules and mechanisms. Integrated coastal management strategies should build on the principles and elements set out in Council Recommendation 2002/413/EC and Council Decision 2010/631/EU.

(13) So as to respect proportionality and subsidiarity, as well as to minimise additional administrative burdens, transposition and implementation of this Directive should to the greatest extent possible build upon existing national and Regional Sea Convention rules and mechanisms. Integrated coastal management strategies should build on the principles and elements set out in Council Recommendation 2002/413/EC of the European Parliament and of the Council of 30 May 2002 concerning the implementation of Integrated Coastal Zone Management in Europe18a and Council Decision 2010/631/EU.

 

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18a OJ L 148, 6.6.2002, p. 24.

Justification

Existing sea basin structures can help Member States to fulfil their obligations and to make their cooperation more effective.

Amendment  10

Proposal for a directive

Recital 15

Text proposed by the Commission

Amendment

(15) Maritime spatial planning and integrated coastal management should apply the ecosystem-based approach as referred to in Article 1(3) of Directive 2008/56/EC so as to ensure that the collective pressure of all activities is kept within levels compatible with the achievement of good environmental status and that the capacity of marine ecosystems to respond to human-induced changes is not compromised, while enabling the sustainable use of marine goods and services by present and future generations.

(15) Maritime spatial planning and integrated coastal management should apply the ecosystem-based approach as referred to in Article 1(3) of Directive 2008/56/EC, having regard to the principle of subsidiarity and taking account of the precautionary principle and of the principle that preventive action should be taken, as laid down in Article 191(2) of the Treaty on the Functioning of the European Union, so as to ensure that the collective pressure of all maritime and coastal activities is kept within levels compatible with the achievement of good environmental status and with the conservation of natural resources, and that the capacity of marine ecosystems to respond to human-induced changes is not compromised, while enabling the sustainable use of marine goods and services by present and future generations.

Amendment  11

Proposal for a directive

Recital 16

Text proposed by the Commission

Amendment

(16) Maritime spatial planning and integrated coastal management will contribute, inter alia, to achieving the aims of Directive 2009/28/EC of the European Parliament and of the council of 23 April 2009 on the promotion of the use of energy from renewable sources19, Council Regulation 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy20, Decision 884/2004/EC of the European Parliament and of the Council amending Decision No 1692/96/EC on Community guidelines for the development of the trans-European transport network21, Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy, Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy, the EU Biodiversity Strategy for 202022, the Roadmap towards a Resource Efficient Europe23, the EU Strategy on Adaptation to Climate Change24 well as, where appropriate, those of the EU Regional Policy, including the sea-basin and macro-regional strategies.

(16) Maritime spatial planning and integrated coastal management will contribute, inter alia, to achieving the aims of Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources19, Council Regulation 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy20, Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds20a, Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora20b, Decision 884/2004/EC of the European Parliament and of the Council amending Decision No 1692/96/EC on Community guidelines for the development of the trans-European transport network21, Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy, Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy, the EU Biodiversity Strategy for 202022, the Roadmap towards a Resource Efficient Europe23, the EU Strategy on Adaptation to Climate Change24 and the Commission's Communication COM(2009)0008 entitled 'Strategic goals and recommendations for the EU's maritime transport policy until 2018', as well as, where appropriate, those of the EU Regional Policy, including the sea-basin and macro-regional strategies.

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19 OJ L 140, 5.6.2009, pp. 16-62.

19 OJ L 140, 5.6.2009, p. 16.

20 OJ L 358, 31.12.2002, p. 59-80.

20 OJ L 358, 31.12.2002, p. 59.

 

20a OJ L 20, 26.1.2010, p. 7.

 

20b OJ L 206, 22.7.1992, p. 7.

21 OJ L 167, 30/04/2005, pp. 1-38.

21 OJ L 167, 30.4.2005, p. 1.

22 COM(2011) 244 final.

22 COM(2011) 244 final.

23 COM(2011) 571 final.

23 COM(2011) 571 final.

24 COM(2013) XXX.

24 COM(2013) XXX.

Amendment  12

Proposal for a directive

Recital 17

Text proposed by the Commission

Amendment

(17) Maritime and coastal activities are often closely interrelated. This requires maritime spatial plans and integrated coastal management strategies to be coordinated or integrated in order to guarantee the sustainable use of maritime space and management of coastal areas taking account of social, economic and environmental factors.

(17) Maritime and coastal activities are often closely interrelated and interdependent. This requires maritime spatial plans and integrated coastal management strategies to be coordinated, linked up or integrated in order to guarantee the sustainable use of maritime space and management of coastal areas, taking account of social, economic and environmental factors and objectives.

Amendment  13

Proposal for a directive

Recital 18

Text proposed by the Commission

Amendment

(18) In order to achieve the objectives of this Directive, maritime spatial plans and integrated coastal management strategies should cover the full cycle of problem identification, information collection, planning, decision-making, implementation and monitoring of implementation and be based on best available scientific knowledge. Best use should be made of mechanisms set out in existing or future legislation, including Decision 2010/477/EU on criteria and methodological standards for good environmental status of marine waters or the Commission's Marine Knowledge 2020 initiative25.

(18) In order to achieve the objectives of this Directive, maritime spatial plans and integrated coastal management strategies should cover the full cycle of problem identification, information collection, planning, decision-making, implementation, monitoring of implementation, revision or updating, and should be based on best and most recent available scientific knowledge. Best use should be made of mechanisms set out in existing or future legislation, including Decision 2010/477/EU on criteria and methodological standards for good environmental status of marine waters or the Commission's Marine Knowledge 2020 initiative25.

____________

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25 COM(2010) 461 final.

25 COM(2010) 461 final.

Amendment  14

Proposal for a directive

Recital 19

Text proposed by the Commission

Amendment

(19) The main purpose of maritime spatial planning is to identify and manage spatial uses and conflicts in maritime areas. In order to achieve that purpose, Member States need at least to ensure that the planning process or processes result in a comprehensive map identifying the different uses of maritime space, taking into consideration long term changes due to climate change.

(19) The main purposes of maritime spatial planning are to identify and manage spatial uses, to minimise cross-sectoral conflicts in maritime areas and to enhance sustainable growth in the maritime sector. In order to achieve those purposes, Member States need at least to ensure that the planning process or processes result in a comprehensive map identifying the different uses of maritime space, taking into consideration long term changes due to climate change.

Amendment  15

Proposal for a directive

Recital 20

Text proposed by the Commission

Amendment

(20) Member States should consult and coordinate their plans and strategies with the relevant Member State or third country authorities in the marine region or sub-region or coastal zone concerned in conformity with the rights and obligations of these Member States and third countries under European and international law. Effective cross border cooperation between Member States and with neighbouring third countries requires that the competent authorities in each Member State are identified. Member States therefore need to designate the competent authority or authorities responsible for cooperation with other Member States or third countries. Given the differences between various marine regions or sub-regions and coastal zones, it is not appropriate to prescribe in detail in this Directive how these cooperation mechanisms should look.

(20) Member States should consult and, as far as possible, coordinate their plans and strategies with the relevant Member State or third country authorities in the marine region or sub-region or coastal zone concerned in conformity with the rights and obligations of these Member States and third countries under European and international law. Effective cross border cooperation between Member States and with neighbouring third countries requires that the competent authorities in each Member State are identified. Member States therefore need to designate competent authorities responsible for cooperation with other Member States or third countries. Given the differences between various marine regions or sub-regions and coastal zones, it is not appropriate to prescribe in detail in this Directive how these cooperation mechanisms should look.

Amendment  16

Proposal for a directive

Recital 21 a (new)

Text proposed by the Commission

Amendment

 

(21a) In order to adapt coastal areas to climate change, and to combat erosion or excessive accretion, the risks of sea ingression, the deterioration of ecological status and the loss of biodiversity of coastal ecosystems, it is extremely important that coastal sediment be managed in a sustainable and environmentally friendly manner, with a view to balancing out problematic areas that are at greater risk. Submarine sediment deposits on the continental shelf can be used where there is a shortage of sediment in the coastal system.

Amendment  17

Proposal for a directive

Recital 22

Text proposed by the Commission

Amendment

(22) The management of maritime and coastal areas is complex and involves different levels of authorities, economic operators and other stakeholders. In order to guarantee sustainable development in an effective manner, it is essential that stakeholders, authorities and the public are consulted at an appropriate stage in the preparation of maritime spatial plans and integrated coastal management strategies under this Directive, in accordance with relevant EU legislation. A good example for public consultation provisions can be found in article 2(2) of Directive 2003/35.

(22) The management of maritime and coastal areas is complex and involves different levels of authorities, economic operators and other stakeholders. In order to guarantee sustainable development in an effective manner, it is essential that stakeholders, authorities and the public be consulted at an appropriate stage in the preparation of maritime spatial plans and integrated coastal management strategies under this Directive, in accordance with relevant EU legislation.

Justification

The proposal for a directive refers to existing provisions of EU legislation in a general way. The directive’s strategic, evolving and procedural nature makes it difficult to quote a particular provision by way of example. The TFEU does, however, stipulate that Member States must act in accordance with the relevant Union legislation.

Amendment  18

Proposal for a directive

Recital 25

Text proposed by the Commission

Amendment

(25) In order to ensure that the establishment of maritime spatial plans and integrated coastal management strategies is based on reliable data and to avoid additional administrative burden, it is essential that Member States collect the best available data and information by making use of existing instruments and tools for data collection, such as those developed in the context of the Marine Knowledge 2020 initiative.

(25) In order to ensure that the establishment of maritime spatial plans and integrated coastal management strategies is based on reliable data and to avoid any additional administrative burden, it is essential that Member States collect and use the best available data and information by encouraging the relevant stakeholders to share their data and information and making use of existing instruments and tools for data collection, such as those developed in the context of the Marine Knowledge 2020 initiative.

Justification

Many stakeholders such as mining companies or oil and gas companies collect an enormous amount of data before they start extractions, but these data are never used or shared afterwards.

Amendment  19

Proposal for a directive

Recital 25 a (new)

Text proposed by the Commission

Amendment

 

(25a) In order to support the widespread and coordinated implementation of this Directive throughout the Union, it would be advisable to find, from amongst existing financial instruments, resources to support demonstration programmes and exchanges of good practices and virtuous processes in coastal management and spatial management strategies, plans and governance.

Amendment  20

Proposal for a directive

Recital 28

Text proposed by the Commission

Amendment

(28) Timely transposition of the provisions of this Directive is essential since the EU has adopted a number of policy initiatives that are to be implemented by the year 2020 and which this Directive aims to support. The shortest possible deadline for the transposition of this Directive should therefore be adopted.

(28) Timely transposition of the provisions of this Directive is essential since the EU has adopted a number of policy initiatives that are to be implemented by the year 2020 and which this Directive aims to support and complement. The shortest possible deadline for the transposition of this Directive should therefore be adopted.

Amendment  21

Proposal for a directive

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

1. This Directive establishes a framework for maritime spatial planning and integrated coastal management aiming at promoting the sustainable growth of maritime and coastal economies and the sustainable use of marine and coastal resources.

1. This Directive establishes a framework for maritime spatial planning involving where appropriate integrated coastal management aiming at promoting the sustainable development and growth of maritime and coastal economies and the sustainable use of marine and coastal resources, in particular by supporting the priority areas identified in the Commission Communication of 13 September 2012 on Blue Growth Opportunities for Marine and Maritime Sustainable Growth.

Amendment  22

Proposal for a directive

Article 1 – paragraph 2

Text proposed by the Commission

Amendment

2. Within the Integrated Maritime Policy of the Union, this framework provides for the establishment and implementation by Member States of maritime spatial plans and of integrated coastal management strategies with the aim of meeting the objectives specified in Article 5.

2. Within the Integrated Maritime Policy of the Union, this Directive provides a framework for the establishment and implementation by Member States of maritime spatial plans and of integrated coastal management strategies with the aim of meeting the objectives specified in Article 5, taking into account land-sea interactions and enhanced cross-border cooperation on the basis of the respective UNCLOS provisions.

Justification

New wording to leave the Member States more freedom to choose how to implement ICM.

Amendment  23

Proposal for a directive

Article 2 – paragraph 1

Text proposed by the Commission

Amendment

1. The provisions of this Directive shall apply to marine waters and coastal zones.

1. The provisions of this Directive shall apply to all marine waters and coastal zones of the Union, in compliance with existing Union and national law.

Amendment  24

Proposal for a directive

Article 2 – paragraph 2

Text proposed by the Commission

Amendment

2. This Directive shall not apply to activities the sole purpose of which is defence or national security. Each Member State shall, however, endeavour to ensure that such activities are conducted in a manner compatible with the objectives of this Directive.

2. This Directive shall not apply to activities the sole purpose of which is defence or national security. Member States shall, however, endeavour to ensure that such activities are conducted in a manner that is compatible, in so far as is reasonable and practicable, with the objectives of this Directive.

Amendment  25

Proposal for a directive

Article 3 – point 1

Text proposed by the Commission

Amendment

1. ‘Coastal zone’ means the geomorphologic area on both sides of the seashore area with as the seaward limit the external limit of the territorial seas of Member States and as the landward limit, the limit as defined by the Member States in their integrated coastal management strategies.

1. ‘Coastal zone’ means the seashore and the geomorphologic area on both sides of the seashore as defined by Member States in their respective laws, with the seaward limit not exceeding their territorial seas.

Amendment  26

Proposal for a directive

Article 3 – point 2

Text proposed by the Commission

Amendment

2. ‘Integrated Maritime Policy’ means the Union policy with the aim to foster coordinated and coherent decision-making to maximise the sustainable development, economic growth and social cohesion of Member States, in particular with regard to coastal, insular and outermost regions in the Union, as well as maritime sectors, through coherent maritime-related policies and relevant international cooperation.

2. ‘Integrated Maritime Policy’ means the Union policy established to foster a coordinated and coherent cross-sectoral and trans-boundary maritime governance to maximise the sustainable development, economic growth and social cohesion of Member States, in particular with regard to coastal, insular and outermost regions in the Union, as well as maritime sectors, through coherent maritime-related policies and relevant international cooperation.

Amendment  27

Proposal for a directive

Article 3 – point 2 a (new)

Text proposed by the Commission

Amendment

 

2a. ‘Maritime spatial plans’ means the plan or plans resulting from a public process for analysing and planning the spatial and temporal distribution of human activities in sea areas to achieve the economic, environmental and social objectives laid down in this Directive, in accordance with the relevant national policies, with a view to identifying the utilisation of maritime space for different sea uses and encouraging multi-purpose use in particular.

Amendment  28

Proposal for a directive

Article 3 – point 2 b (new)

Text proposed by the Commission

Amendment

 

2b. 'Integrated coastal management strategies' means the formal and informal practices and/or strategies that aim at the integrated management of all policy processes affecting the coastal zone, addressing land-sea interactions of coastal activities in a coordinated way, with a view to ensuring the sustainable development of coastal and marine areas. Such strategies ensure that management or development decisions are taken coherently across sectors so as to avoid, or at least limit, conflicts over the use of coastal areas.

Amendment  29

Proposal for a directive

Article 3 – point 4

Text proposed by the Commission

Amendment

4. ‘Marine waters’ means the waters, the seabed and subsoil as defined in Article 3(1) of Directive 2008/56/EC.

4. ‘Marine waters’ means the waters, the seabed and subsoil on the seaward side of the baseline from which the breadth of territorial waters is measured, extending to the outermost reach of the area where a Member State has and/or exercises jurisdiction, in accordance with UNCLOS, with the exception of waters adjacent to the countries and territories mentioned in Annex II to the Treaty of the Functioning of the European Union and the French Overseas Departments and Collectivities.

Amendment  30

Proposal for a directive

Article 3 – point 5

Text proposed by the Commission

Amendment

5. Public means involving one or more natural or legal persons and, in accordance with national legislation or practice, their associations, organisations or groups.

5. 'Public' means one or more natural or legal persons and, in accordance with national legislation or practice, their associations, organisations or groups.

Justification

Correction as public itself does not mean involving anyone in anything. Otherwise it should be “public participation”.

Amendment  31

Proposal for a directive

Article 3 – point 7

Text proposed by the Commission

Amendment

7. ‘Good environmental status’ means the environmental status referred to in Article 3(5) of Directive 2008/56/EC.

7. ‘Good environmental status’ means the environmental status referred to in Article 3(5) of Directive 2008/56/EC and Commission Decision 2010/477/EU.

Justification

Commission Decision 2010/477 EU sets out more detailed guidelines relating to the definition of, and criteria for, 'good environmental status'.

Amendment  32

Proposal for a directive

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

1. Each Member State shall establish and implement a maritime spatial plan or plans and an integrated coastal management strategy or strategies. They may be prepared in separate documents.

1. Each Member State shall establish and implement maritime spatial planning. Where a Member State does not integrate land-sea interactions in its maritime spatial plan, those interactions shall be addressed through integrated coastal management. Member States may decide whether to follow an integrated approach or to establish maritime spatial plans and integrated coastal management strategies separately.

Amendment  33

Proposal for a directive

Article 4 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a. Member States or competent regional or local authorities shall remain responsible for designing and determining the content of such plans and strategies, including the apportionment of maritime space to the different sector activities and maritime and marine uses.

Amendment  34

Proposal for a directive

Article 4 – paragraph 3

Text proposed by the Commission

Amendment

3. When establishing maritime spatial plans and integrated coastal management strategies, Member States shall give due regard to the particularities of the regions and the sub-regions, the respective sector activities, the marine waters and coastal zones concerned and potential climate change impacts.

3. When establishing maritime spatial plans and integrated coastal management strategies, Member States shall give due regard to the particularities and needs of, and the opportunities presented by, the marine and coastal regions and sub-regions, the respective existing and future sector activities, the marine waters and coastal zones concerned and climate change impacts.

Amendment  35

Proposal for a directive

Article 4 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3a. In the case of the Union's outermost regions in particular, Article 349 of the TFEU shall be respected, taking into account the special characteristics and constraints of those regions.

Amendment  36

Proposal for a directive

Article 5

Text proposed by the Commission

Amendment

Maritime spatial plans and integrated coastal management strategies shall apply an ecosystem-based approach to facilitate the co-existence and prevent conflicts between competing sector activities in marine waters and coastal zones, and shall aim to contribute to:

1. Maritime spatial plans and integrated coastal management strategies shall apply the ecosystem-based approach and economic and social criteria at the same level to support sustainable development and growth in the maritime sector. They shall promote the co-existence of the relevant sector activities in a compatible manner, minimise conflicts between those activities in marine waters and coastal zones, and promote cross-border cooperation and the multiple use of the same maritime space by different sectors.

 

2. Maritime spatial plans and integrated coastal management strategies shall aim to contribute to the following Union objectives:

(a) securing the energy supply of the Union by promoting the development of marine energy sources, the development of new and renewable forms of energy, the interconnection of energy networks, and energy efficiency;

(a) securing the energy supply of the Union by promoting the development of marine energy sources, the development of new and renewable forms of energy, the interconnection of energy networks, and energy efficiency;

(b) promoting the development of maritime transport and providing efficient and cost-effective shipping routes across Europe, including port accessibility and transport safety;

(b) promoting the development of maritime transport across Europe, including port accessibility, transport safety, multimodal links and sustainability;

(c) fostering the sustainable development and growth of the fisheries and aquaculture sector, including employment in fisheries and connected sectors;

(c) fostering the sustainable development of the fisheries sector and sustainable growth of the aquaculture sector, including employment in fisheries and connected sectors;

(d) ensuring the preservation, protection and improvement of the environment as well as the prudent and rational use of natural resources, notably in order to achieve good environmental status, halt the loss of biodiversity and degradation of ecosystem services and reduce marine pollution risks;

(d) ensuring the preservation, protection and improvement of the environment through a representative and coherent network of protected areas, as well as the prudent, precautionary and rational use of natural resources, notably in order to achieve good environmental status, halt the loss of biodiversity and degradation of ecosystem services and reduce and prevent marine and coastal areas pollution risks;

(e) ensuring climate resilient coastal and marine areas.

(e) ensuring that coastal and marine areas are more resilient to climate change impacts in order to protect vulnerable coastal areas.

 

3. Maritime spatial plans and integrated coastal management strategies may aim to contribute to further national objectives, such as:

 

(a) promoting the sustainable extraction of raw materials;

 

(b) promoting sustainable tourism;

 

(c) ensuring the preservation and protection of cultural heritage;

 

(d) guaranteeing recreational and other use to the public;

 

(e) preserving traditional economic and social characteristics of the maritime economy.

Amendment  37

Proposal for a directive

Article 6 – paragraph 1

Text proposed by the Commission

Amendment

1. Maritime spatial plans and integrated coastal management strategies shall establish operational steps to achieve the objectives as set out in Article 5 taking into account all relevant activities and measures applicable to them.

1. Each Member State shall establish procedural steps to achieve the objectives set out in Article 5, taking into account the relevant activities, uses and measures applicable to them.

Amendment  38

Proposal for a directive

Article 6 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) ensure effective trans-boundary cooperation between Member States, and between national authorities and stakeholders of the relevant sector policies;

(b) ensure effective participation of the stakeholders of the relevant sector policies in accordance with Article 9;

Justification

Stakeholders shall be involved. To demand cooperation would be one step too far and detain the process.

Amendment  39

Proposal for a directive

Article 6 – paragraph 2 – point b a (new)

Text proposed by the Commission

Amendment

 

(ba) ensure effective trans-boundary cooperation between Member States in accordance with Article 12;

Justification

As the involvement of stakeholders and the trans-boundary cooperation between Member States are two completely different matters it is better to refer to them in two different paragraphs.

Amendment  40

Proposal for a directive

Article 6 – paragraph 2 – point c

Text proposed by the Commission

Amendment

(c) identify the trans-boundary effects of maritime spatial plans and integrated coastal management strategies on the marine waters and coastal zones under the sovereignty or jurisdiction of third countries in the same marine region or sub-region and related coastal zones and deal with them in cooperation with the competent authorities of these countries in accordance with Articles 12 and 13;

(c) identify the trans-boundary effects of maritime spatial plans and integrated coastal management strategies on the marine waters and coastal zones under the sovereignty or jurisdiction of third countries in the same marine region or sub-region and related coastal zones and deal with them in cooperation with the competent authorities of those countries in accordance with Article 13;

Justification

Article 12 refers to other Member States not to third countries and the reference to Art 12 is therefore deleted.

Amendment  41

Proposal for a directive

Article 6 – paragraph 2 – point c a (new)

Text proposed by the Commission

Amendment

 

(ca) on the one hand, be based on the best available data and, on the other hand, guarantee the necessary flexibility to take future developments into account;

Justification

The aims of the Directive are ambitious in particular for those countries which do not have any experience with MSP or ICM yet. Therefore it is important to stress the need for flexibility, as well as, the need for data. The marine environment is a very complex, still partly unknown and currently changing environment.

Amendment  42

Proposal for a directive

Article 7 – paragraph 1

Text proposed by the Commission

Amendment

1. Maritime spatial plans shall contain at least a mapping of marine waters which identifies the actual and potential spatial and temporal distribution of all relevant maritime activities in order to achieve the objectives as set out in Article 5.

1. Maritime spatial plans shall contain at least a mapping of marine waters which identifies the actual, intended and potential spatial and temporal distribution of all relevant maritime uses and activities and important ecosystem components, in order to achieve the Union objectives set out in Article 5.

Amendment  43

Proposal for a directive

Article 7 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. When establishing maritime spatial plans Member States shall take into consideration, at least, the following activities:

2. When establishing maritime spatial plans Member States shall take into consideration, inter alia, the following uses and activities:

Justification

Not all of the mentioned points are activities.

Amendment  44

Proposal for a directive

Article 7 – paragraph 2 – points a to g

Text proposed by the Commission

Amendment

(a) installations for the extraction of energy and the production of renewable energy;

(a) installations for the extraction of energy and the production of renewable energy, and for bringing it onshore;

(b) oil and gas extraction sites and infrastructures;

(b) oil, gas and other raw materials exploration and extraction sites and infrastructures;

(c) maritime transport routes;

(c) maritime transport routes;

(d) submarine cable and pipeline routes;

(d) submarine cable and pipeline routes;

(e) fishing areas;

(e) existing and potential fishing areas;

(f) sea farming sites;

(f) sea farming areas;

(g) nature conservation sites.

(g) nature and species protection and conservation sites, Natura 2000 areas, other sensitive marine ecosystems and surrounding areas, in accordance with Union and national law;

 

(h) marine and coastal tourism;

 

(i) cultural heritage protection sites;

 

(j) military training areas.

Amendment  45

Proposal for a directive

Article 8 – paragraph 1

Text proposed by the Commission

Amendment

1. Integrated coastal management strategies shall contain at least, an inventory of existing measures applied in coastal zones and an analysis of the need for additional actions in order to achieve the objectives set out in Article 5. The strategies shall provide for integrated and cross-sectoral policy implementation and consider interactions between terrestrial and maritime activities.

1. When establishing integrated coastal management Member States shall decide whether to use a set of practices or one or more strategies. They shall identify existing measures applied in coastal zones and undertake an analysis of the need for additional actions in order to achieve the objectives set out in Article 5. Integrated coastal management shall enhance integrated and cross-sectoral policy implementation and take interactions between terrestrial and maritime activities into consideration in order to ensure land-sea connectivity.

Amendment  46

Proposal for a directive

Article 8 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. When establishing integrated coastal management strategies, Member States shall take into consideration, at least, the following activities:

2. When establishing integrated coastal management strategies, Member States shall take into consideration:

Amendment  47

Proposal for a directive

Article 8 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) utilisation of specific natural resources including installations for the extraction of energy and the production of renewable energy;

deleted

Amendment  48

Proposal for a directive

Article 8 – paragraph 2 – point a a (new)

Text proposed by the Commission

Amendment

 

(aa) already established practices and strategies in line with Recommendation 2002/413/EC;

Amendment  49

Proposal for a directive

Article 8 – paragraph 2 – point a b (new)

Text proposed by the Commission

Amendment

 

(ab) existing formal and informal practices, networks and cross-border cooperation mechanisms;

Amendment  50

Proposal for a directive

Article 8 – paragraph 2 – point a c (new)

Text proposed by the Commission

Amendment

 

(ac) relevant activities, installations, facilities and infrastructure;

Amendment  51

Proposal for a directive

Article 8 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) development of infrastructure, energy facilities, transport, ports, maritime works and other structures including green infrastructure;

deleted

Amendment  52

Proposal for a directive

Article 8 – paragraph 2 – point c

Text proposed by the Commission

Amendment

(c) agriculture and industry;

deleted

Amendment  53

Proposal for a directive

Article 8 – paragraph 2 – point d

Text proposed by the Commission

Amendment

(d) fishing and aquaculture;

deleted

Amendment  54

Proposal for a directive

Article 8 – paragraph 2 – point e

Text proposed by the Commission

Amendment

(e) conservation, restoration and management of coastal ecosystems, ecosystem services and nature, coastal landscapes and islands;

(e) protection, conservation, restoration and management of coastal ecosystems, protected deltas and wetland areas, ecosystem services and nature, coastal landscapes and islands;

Amendment  55

Proposal for a directive

Article 8 – paragraph 2 – point f

Text proposed by the Commission

Amendment

(f) mitigation and adaptation to climate change.

(f) mitigation and adaptation to climate change, in particular increasing the resilience of the ecosystem.

Amendment  56

Proposal for a directive

Article 9 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall establish means for the public participation of all interested parties at an early stage in the development of maritime spatial plans and integrated coastal management strategies.

Member States shall establish means for public participation by informing and consulting the relevant stakeholders and authorities and the public concerned at an early stage in the development of maritime spatial plans and integrated coastal management strategies. Member States shall also ensure that those stakeholders and authorities, and the public concerned, have access to the results once they are finalised.

Justification

Public participation is a broad expression therefore it is necessary to specify the form of the participation. Besides, paragraph 1 and 2 can be combined.

Amendment  57

Proposal for a directive

Article 9 – paragraph 2

Text proposed by the Commission

Amendment

2. Public participation shall ensure that the relevant stakeholders and authorities and the public concerned are consulted on the draft plans and strategies and have access to the results once available.

deleted

Amendment  58

Proposal for a directive

Article 9 – paragraph 3

Text proposed by the Commission

Amendment

3. When establishing means of public consultation, Member States shall act in accordance with relevant provisions in other Union legislation.

deleted

Justification

The original wording has no added value.

Amendment  59

Proposal for a directive

Article 10 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall organise the collection of the best available data and the exchange of information necessary for maritime spatial plans and integrated coastal management strategies.

1. Member States shall organise the collection and use of the best available data and the exchange of information necessary for maritime spatial plans and the implementation of integrated coastal management strategies.

Amendment  60

Proposal for a directive

Article 10 – paragraph 3

Text proposed by the Commission

Amendment

3. When organising the collection and exchange of the data referred to in paragraph 1, Member States shall make use, as far as possible, of instruments and tools developed under the Integrated Maritime Policy.

3. When organising the collection and exchange of the data referred to in paragraph 1, Member States shall make use, as far as possible, of instruments and tools developed under the Integrated Maritime Policy and other relevant Union policies, such as those set out in Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE)27a.

 

_____________

 

27a OJ L 108, 25.4.2007, p. 1.

Justification

The INSPIRE directive mandates the collection of relevant data

Amendment  61

Proposal for a directive

Article 11

Text proposed by the Commission

Amendment

Maritime spatial plans and integrated coastal management strategies are subject to the provisions of Directive 2001/42/EC.

Maritime spatial plans and integrated coastal management strategies are subject to the provisions of Directive 2001/42/EC and of Article 6 of Directive 92/43/EEC, where applicable.

Amendment  62

Proposal for a directive

Article 12 – paragraph 1

Text proposed by the Commission

Amendment

1. Each Member State bordering a coastal zone or maritime area of another Member State shall cooperate to ensure that maritime spatial plans and integrated coastal management strategies are coherent and coordinated across the coastal zone or marine region and/or sub-region concerned. Such cooperation shall in particular take into account issues of a transnational nature, such as cross-border infrastructure.

1. Each Member State bordering a coastal zone or maritime area of another Member State shall take all necessary steps to cooperate to ensure that maritime spatial plans and integrated coastal management strategies are coherent and coordinated across the coastal zone or marine region and/or sub-region concerned. Such cooperation shall in particular take into account issues of a transnational nature, such as cross-border infrastructure, and shall aim at a common vision for each existing and future sea-basin strategy.

Amendment  63

Proposal for a directive

Article 12 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a. In order to enable cooperation to take place, Member States should, where possible, coordinate the timing of new Maritime Spatial Plans or the review cycles of existing ones.

Justification

Unless efforts are made to coordinate the timing of MSP cycles, competent authorities may find it difficult to cooperate even if other technical and data issues have been resolved.

Amendment  64

Proposal for a directive

Article 12 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) regional institutional cooperation structures covering the coastal zone or the marine region or sub-region concerned, or

(a) Regional Seas Conventions or other regional institutional cooperation structures covering the coastal zone or the marine region or sub-region concerned, or

Amendment  65

Proposal for a directive

Article 12 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) a dedicated network of Member States' competent authorities covering the marine region and/or sub-region concerned.

(b) a network of Member States' competent authorities covering the coastal zone, marine region and/or sub-region concerned, or

Amendment  66

Proposal for a directive

Article 12 – paragraph 2 – point b a (new)

Text proposed by the Commission

Amendment

 

(ba) any other approach that meets the requirements of paragraph 1.

Justification

In general, regional approach is preferable but there might be cases that a bilateral or another strategy is more practicable.

Amendment  67

Proposal for a directive

Article 13

Text proposed by the Commission

Amendment

Member States bordering a coastal zone or maritime area of a third country shall make every effort to coordinate their maritime spatial plans and integrated coastal management strategies with that third country in the marine region or sub-region and the related coastal zone concerned.

Member States bordering a coastal zone or maritime area of a third country shall, in compliance with international maritime law and conventions, consult that country and make every effort to cooperate and coordinate their maritime spatial plans and integrated coastal management strategies with that third country in the marine region or sub-region and the related coastal zone concerned.

Amendment  68

Proposal for a directive

Article 15 – paragraph 2

Text proposed by the Commission

Amendment

2. This report shall at least contain information on the implementation of Articles 6 to 13.

2. This report shall at least contain information on the implementation of Articles 6 to 13. Where possible, the content and format of the report shall be harmonised with the relevant specifications laid down in Directive 2008/56/EC.

Justification

We should where possible minimise the additional administrative burdens on authorities that already have a large number of reporting and monitoring obligations from existing EU law.

Amendment  69

Proposal for a directive

Article 15 – paragraph 3

Text proposed by the Commission

Amendment

3. The Commission shall submit a progress report to the European Parliament and Council outlining the progress made in implementing this Directive.

3. The Commission shall submit a progress report to the European Parliament and Council at the latest one year after the deadline for the establishment of the maritime spatial plans and integrated coastal management strategies, outlining the progress made in implementing this Directive.

Amendment  70

Proposal for a directive

Article 16 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. The Commission may, by means of implementing acts, adopt provisions on:

1. The Commission may, without prejudice to specifications concerning substantive related plans and strategies, by means of implementing acts, adopt provisions on:

Justification

New wording clarifies the scope of the possible provisions adopted by means of implementing acts.

Amendment  71

Proposal for a directive

Article 16 – paragraph 1 – point a – introductory part

Text proposed by the Commission

Amendment

(a) operational specifications for management of data referred in Article 10, provided they have not been established by other EU legislation, such as Directive 2007/2/EC or 2008/56/EC, on

(a) process-related specifications for management of data referred in Article 10, provided they have not been established by other legal acts of the Union, such as Directive 2007/2/EC or 2008/56/EC, on

Justification

Clarification that the implementing acts will only address process related specifications of management of data and not operational ones.

Amendment  72

Proposal for a directive

Article 16 – paragraph 1 – point a – indent 1

Text proposed by the Commission

Amendment

– the sharing of data, and interfacing with existing data management and collection processes; and

– the effective sharing of data, and interfacing with existing systems for data management and collection processes; and

Justification

Clarification that the provisions adopted by the Commission by means of implementing acts shall not regulate the sharing and management of data in general but rather only improve their effectiveness.

Amendment  73

Proposal for a directive

Article 16 – paragraph 1 – point b – introductory part

Text proposed by the Commission

Amendment

(b) the operational steps for the establishment and reporting on maritime spatial plans and integrated coastal management strategies concerning:

(b) the process-related steps that contribute to the establishment and reporting on maritime spatial plans and integrated coastal management strategies concerning:

Justification

Clarification that art. 16.1 (b) concerns only process related steps and not substantive related matter of maritime spatial plans and integrated coastal management strategies.

Amendment  74

Proposal for a directive

Article 16 – paragraph 1 – point b – indent 3

Text proposed by the Commission

Amendment

cross-border co-operation modalities;

the most effective modalities of cross-border cooperation.

Justification

Clarification that the provisions adopted by the Commission by means of implementing acts shall not regulate the cross-border co-operation modalities in general but rather only improve their effectiveness.

Amendment  75

Proposal for a directive

Article 16 – paragraph 1 – point b – indent 4

Text proposed by the Commission

Amendment

– public consultation.

deleted

Justification

In view of the provisions laid down in Article 9, it would be inappropriate to confer on the Commission the power to adopt implementing acts in this area, which falls under the competence of the Member States.

Amendment                76

Proposal for a directive

Article 17 – paragraph 2

Text proposed by the Commission

Amendment

2. Where reference is made to paragraph 1, Article 5 of Regulation 182/2011 shall apply.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Justification

Reference is made to this paragraph (in Art 16(2) for instance) and not to paragraph 1.

Amendment  77

Proposal for a directive

Article 18 – paragraph 2

Text proposed by the Commission

Amendment

2. When Member States adopt the measures referred to in paragraph 1, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Each Member State shall determine how such reference is to be made.

2. When Member States adopt the measures referred to in paragraph 1, following the entry into force of this Directive, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Each Member State shall determine how such reference is to be made.

Amendment  78

Proposal for a directive

Article 18 – paragraph 4

Text proposed by the Commission

Amendment

4. The maritime spatial plans and integrated coastal management strategies referred to in Article 4(1) shall be established within a period of 36 months after the entry into force of this Directive.

4. The maritime spatial plans and integrated coastal management strategies referred to in Article 4(1) shall be established within a period of 48 months after the entry into force of this Directive.

Justification

The rapporteur is of the opinion that 36 months is unrealistic. The timeframe should be ambitious but shall not cause a precipitant implementation. The different stages of maritime spatial planning in the Member States need to be considered.

Amendment  79

Proposal for a directive

Article 18 – paragraph 5

Text proposed by the Commission

Amendment

5. The reports referred to in Article 15(1) shall be provided, at the latest, 42 months following the entry into force of the Directive, and every six years thereafter.

5. The reports referred to in Article 15(1) shall be provided, at the latest, 54 months following the entry into force of this Directive, and every six years thereafter.

Justification

Changed to be in line with Art 18(4), that is six month after the deadline contained therein.

Amendment  80

Proposal for a directive

Article 18 – paragraph 6

Text proposed by the Commission

Amendment

6. The progress report referred to in Article 15(3) shall be submitted at the latest six months after the date referred to in paragraph 5, and every six years thereafter.

6. The progress report referred to in Article 15(3) shall be submitted at the latest six months after the date referred to in paragraph 5, and every four years thereafter.

Amendment  81

Proposal for a directive

Article 18 – paragraph 6 a (new)

Text proposed by the Commission

Amendment

 

6a. The transposition obligations contained in this Directive shall not apply to landlocked Member States.

Justification

Landlocked Member States do not have a coast and maritime area, therefore there is no use for them to establish maritime spatial plans and integrated coastal management strategies. Still, this Directive can be of importance to them. Landlocked Member States could be asked for cooperation by other Member States, in particular in the course of the establishment and implementation of integrated coastal management strategies if there is a river that runs through that country and enters a sea afterwards. Therefore they have to take into account this directive when planning activities that can affect the seaside of other Member States, but obviously they cannot transpose any obligation contained in this Directive.

  • [1]  Not yet published in the Official Journal.
  • [2]  Not yet published in the Official Journal.

EXPLANATORY STATEMENT

I. General background

The European Union is surrounded by oceans and seas and there is more sea under the Member States' jurisdiction than land. Furthermore, the coastline, shared by 23 out of the 28 Member States, is seven times as long as that of the US. More than 200 million EU citizens live in coastal regions and 88 million are working there, generating more than 40% of the EU's GDP. 5,4 million of them are employed in marine and maritime sectors whose Gross Value Added amounts to almost 500 billion euros.

These facts indicate the current importance of the marine and coastal areas and of the maritime economy for the European Union. However, they will play an even more important role in the future. There will be a further increase of human and economic activities within these regions and sectors. The EU's maritime economy is crucial to approach the Europe 2020 goals and has huge potential to ensure Europe's competitiveness in a globalised world. Therefore, the EU should play a leading role in strengthening marine and maritime research and innovation and fostering growth of the maritime sectors.

Marine energies, such as offshore wind power generation or wave and tidal energy can play a crucial role to reduce greenhouse gas emission and to reduce the EU's dependence on energy imports.

In order to accommodate the increasing demand for food fish and to achieve a sustainable management of the EU's fish stocks without increasing the import of food fish any further it will be essential to promote offshore aquaculture.

Today 90% of the EU's foreign trade is being carried by sea. European ports, the maritime shipping routes and the shipping industry play a major role in ensuring the supply chain, and in connecting European companies and the European market with the other economies all over the world.

These are only a few examples of existing maritime activities. There are many more, such as the extraction of oil, gas and of other raw materials and resources, or maritime and coastal tourism. The fostering of growth and development of the maritime sector as a whole will increase the demand for maritime space even further. Therefore it is necessary to coordinate existing and future demands for maritime space in order to guarantee sustainable economic growth and prevent sectoral conflicts.

These sectoral activities, however, take place in a fragile environment of which we still don't know enough and whose beauty and richness we ought to preserve for future generations. The intense population density and high level of human activities in coastal and maritime areas put pressure on these ecosystems.

Therefore, it is crucial to find a reasonable balance between economic, social and environmental factors in order to promote growth of the maritime economy successfully and to ensure a sustainable development at the same time. As the interference between marine and coastal areas is very complex, it is crucial that this process of governance and management ensures land-sea connectivity and includes oceans, seas and coasts.

II. Policy context

In 2007 the European Commission published its Blue Book-Communication on an Integrated Maritime Policy (IMP) for the EU. Therein the Commission elaborated on the establishment of a new kind of maritime governance with the overarching aim of an optimal development of all sea-related activities in a sustainable manner. To achieve this goal, different policy areas dealing with maritime issues should be coordinated and follow an integrated and inter-sectoral approach. Furthermore, the relevant stakeholders should be better involved in the process of decision-making.

The Blue Book laid out an ambitious programme of sectoral policies which should be developed to create a governance framework for a successful Integrated Maritime Policy. To achieve this goal three main tools were identified: a) maritime surveillance, b) data and information, and c) maritime spatial planning (MSP) and integrated coastal zone management.

Since 2007 IMP took more and more shape. In 2010 the European Parliament adopted a report on the evaluation of IMP. In 2011 Regulation (EU) No 1255/2011 established a budget item for IMP of EUR 40 million for the next two years and later that year the Commission proposed the establishment of a European Maritime and Fisheries Fund for funding the Common Fisheries Policy and the Integrated Maritime Policy. In the meantime, the Marine Strategy Framework Directive (MSFD) has been adopted as the environmental pillar of IMP, the Commission adopted a Communication on Blue Growth in 2012, and during the Cyprus Presidency "The Limassol Declaration" on a Marine and Maritime Agenda for growth and jobs was agreed.

At the same time its tools were also refined. In 2008 the Roadmap for a Maritime Spatial Planning: Achieving Common Principles in the EU was adopted and in 2011 the Protocol on Integrated Coastal Zone Management in the Mediterranean entered into force. Moreover, projects on preparatory actions on MSP in the North Sea, the Baltic Sea and in the Atlantic were launched.

III. Commission proposal

As a result of this development the Commission proposed a framework directive for the establishment and implementation of maritime spatial plans and integrated coastal management strategies.

The aim of the proposal is to lay down a procedural framework for the establishment and implementation of maritime spatial plans and integrated coastal management strategies in the Member States. These plans and/or strategies shall contribute to achieving existing EU objectives such as securing the energy supply of the Union, promoting maritime transport, fostering sustainable fisheries or the preservation and protection of the environment. Furthermore they shall apply an ecosystem-based approach and facilitate the co-existence of different sector activities in marine waters and coastal zones.

The design and the determination of the maritime spatial plans and the integrated coastal management strategies reside with the Member States. However, they shall meet several minimum requirements such as being mutually coordinated or integrated, being reviewed every six years and taking into account all relevant marine and coastal activities.

Maritime spatial plans shall contain a mapping of marine waters and identify the actual, potential and temporal distribution of all relevant activities. The proposal also includes a non-exhaustive list of activities which shall be taken into account during the establishment of these plans.

Integrated coastal management strategies shall contain an inventory of existing measures and indicate the need for additional actions. They shall also consider a non-exhaustive list of activities taking place in coastal areas.

When establishing these plans and strategies Member States shall in particular cooperate with other countries, Member States and third countries, bordering the same coastal zone or maritime area and involve the concerned public at an early stage.

IV. Position of your rapporteur

Your rapporteur welcomes the proposal of the Commission. The demand for maritime space is increasing and its use is often uncoordinated. However, very few Member States have maritime spatial plans yet. To achieve a substantial growth in the maritime sector, innovative SMEs as well as large businesses need legal certainty to invest in future technologies or in costly projects, such as offshore grids. Maritime spatial plans are the key to a successful implementation of the Blue Growth agenda by providing this certainty and facilitating the co-existence of different sector activities. Therefore a directive on maritime spatial planning is a logical consequence and the next step after the establishment of IMP in 2007 and the adoption of a Blue Growth agenda in 2012.

Maritime and coastal activities and uses are often taking place in environmentally sensitive areas. As a consequence, there is a need to follow an ecosystem-based approach for managing and planning these activities. As there is also a high level of interactions between marine and coastal areas it is necessary to understand maritime spatial planning and integrated coastal management as complementary tools.

However, it is very important to make sure that this framework directive is in conformity with the subsidiarity principle and leaves the Member States free to address their particular interests and specificities at national, regional or local level efficiently. In particular, the coastline is an area with various characteristics which can make different strategic approaches necessary to address its specific features efficiently. Therefore, a framework directive on maritime spatial planning and integrated coastal management should leave the Member States the necessary flexibility to act efficient within a framework of common objectives. This directive should neither hinder actual developments of maritime spatial plans nor intervene in well-performing formal and informal practices of an integrated coastal management.

Your rapporteur gives strong support to a procedural framework to achieve a coherent and coordinated maritime spatial planning and integrated coastal management in all EU Member States. In particular, she would like to stress the importance of cross-border cooperation between the Member States and with third countries. Sea basins, marine waters and ecosystems do not know national borders and therefore efficient planning and management has to be implemented in a trans-boundary manner.

The necessity of an establishment and implementation of maritime spatial planning and integrated coastal management in all Member States is on the one hand an evidence for the success of the Integrated Maritime Policy, which was established only a few years ago, and on the other hand, is a crucial step to ensure to use its full potential for developing marine and coastal areas sustainably and to promote a long-lasting blue growth in the maritime sector.

OPINION of the Committee on the Environment, Public Health and Food Safety (25.10.2013)

for the Committee on Transport and Tourism

on the proposal for a directive of the European Parliament and of the Council establishing a framework for maritime spatial planning and integrated coastal management
(COM(2013)0133 – C7‑0065/2013 – 2013/0074(COD))

Rapporteur: Mario Pirillo

SHORT JUSTIFICATION

The development of a ‘blue economy’ in Europe for marine and maritime sustainable growth is an important part of the EU’s goal of becoming a smart, sustainable and inclusive economy by 2020. An integrated and coherent management of maritime space is required in order to secure sustainable growth and preserve coastal and marine ecosystems for future generations, by tackling the pressure on coastal and marine resources caused by their increasing use and by the effects of climate change, natural disasters and erosion.

The main purpose of the Commission proposal is to promote the sustainable growth of maritime and coastal activities and the sustainable use of coastal and marine resources by establishing a framework for the effective implementation of maritime spatial planning in EU waters and integrated coastal management in the coastal areas of Member States. This should cover all policy areas of the Treaty on the Functioning of the European Union (TFEU) which have an impact on coasts, seas and oceans.

The proposed framework will involve a systematic, coordinated, inclusive and trans-boundary approach to integrated maritime governance, in compliance with the national legislation of the Member States and with international law. The maritime spatial plans and integrated coastal management strategies should reflect, integrate and link the objectives defined by national or regional sectoral policies, identify measures to prevent or alleviate conflicts between different sectors and contribute to achieving the Union's objectives in marine and coastal related sectoral policies. The proposal requires Member State action to aim for consistent management across sea basins, through trans-boundary cooperation in the same marine region and relevant coastal zone.

Your rapporteur agrees with and endorses the aims and substance of the Commission proposal and believes that this is a major step towards the establishment of the ‘blue economy’ for the sustainable development of maritime space and EU coastal areas. The amendments proposed are designed to improve certain aspects of the proposal, in particular to clarify and strengthen the goals of sustainable development, safeguarding and protection of the environment and conservation of natural resources.

In order to manage resources properly, it is, for example, important for Member States to take into consideration not only gas and energy extraction (including shale gas), but also the relevant storage. In addition, your rapporteur considers it vital to manage coastal sediment in a sustainable and environmentally friendly manner, with a view to balancing out problematic areas that are at greater risk due to climate change, erosion or sea ingression.

Full and effective public participation is needed at an early stage of the development of the plans, also as a tool for avoiding conflict on the use of natural resources. Lastly, it should be specified more clearly that the provisions of the directive must be applied in compliance with existing EU and national law.

AMENDMENTS

The Committee on the Environment, Public Health and Food Safety calls on the Committee on Transport and Tourism, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1

Proposal for a directive

Recital 1

Text proposed by the Commission

Amendment

(1) The high and rapidly increasing demand for maritime space for different purposes, such as renewable energy installations, maritime shipping and fishing activities, ecosystem conservation and tourism and aquaculture installations, as well as the multiple pressures on coastal resources require an integrated planning and management approach.

(1) The high and rapidly increasing demand for maritime space for different purposes, such as renewable energy installations, oil and gas exploration and exploitation, maritime shipping and fishing activities, ecosystem and biodiversity conservation and tourism and aquaculture installations as well as multiple pressures on coastal resources require an integrated planning and management approach.

Amendment  2

Proposal for a directive

Recital 10

Text proposed by the Commission

Amendment

(10) In order to ensure consistency and legal clarity, the geographical scope for maritime spatial planning and integrated coastal management strategies should be defined in conformity with existing legislative instruments of the Union and international maritime law.

(10) In order to ensure consistency and legal clarity, the geographical scope for maritime spatial planning and integrated coastal management strategies should be defined in conformity with existing legislative instruments of the Member States, the Union, the United Nations Convention on the Law of the Sea (UNCLOS) and international maritime law.

Amendment  3

Proposal for a directive

Recital 12

Text proposed by the Commission

Amendment

(12) While it is appropriate for the Union to lay down rules on maritime spatial plans and integrated coastal management strategies, Member States and their competent authorities remain responsible for designing and determining, within their marine waters and coastal zones, the content of such plans and strategies, including the apportionment of maritime space to the different sector activities.

(12) While it is appropriate for the Union to lay down rules on maritime spatial plans and integrated coastal management strategies, Member States and their competent authorities remain responsible for designing and determining, within their marine waters and coastal zones, the content of such plans and strategies, including the apportionment of maritime space to the different sector activities, and must always act in accordance with European Union legislation.

Justification

Under this directive, Member States retain their urban and rural planning powers, but all spatial or management plans must comply with EU legislation.

Amendment  4

Proposal for a directive

Recital 14

Text proposed by the Commission

Amendment

(14) In marine waters and coastal zones, ecosystems and marine and coastal resources are subject to significant pressures. Human activities, but also climate change effects, natural hazards and shoreline dynamics such as erosion and accretion, can have severe impacts on coastal economic development and growth, as well as coastal and marine ecosystems, leading to deterioration of environmental status, loss of biodiversity and degradation of ecosystem services. Due regard should be given to these various pressures in the establishment of maritime spatial plans and integrated coastal management strategies. Moreover, healthy coastal and marine ecosystems and their multiple services, if integrated in planning decisions, can deliver substantial benefits in terms of food production, recreation and tourism, climate change mitigation and adaptation, shoreline dynamics control and disaster prevention.

(14) In marine waters and coastal zones, ecosystems and marine and coastal resources are subject to significant pressures. Human activities, but also climate change effects, natural hazards and shoreline dynamics such as erosion and accretion, can have severe impacts on coastal economic development and growth, as well as coastal and marine ecosystems, leading to deterioration of environmental status, loss of biodiversity and degradation of ecosystem services. Due regard must be given to these various pressures in the establishment of maritime spatial plans and integrated coastal management strategies. Moreover, healthy coastal and marine ecosystems and their multiple services, if integrated in planning decisions, can deliver substantial benefits in terms of food production, recreation and tourism, climate change mitigation and adaptation, shoreline dynamics control and disaster prevention.

Amendment  5

Proposal for a directive

Recital 15

Text proposed by the Commission

Amendment

(15) Maritime spatial planning and integrated coastal management should apply the ecosystem-based approach as referred to in Article 1(3) of Directive 2008/56/EC so as to ensure that the collective pressure of all activities is kept within levels compatible with the achievement of good environmental status and that the capacity of marine ecosystems to respond to human-induced changes is not compromised, while enabling the sustainable use of marine goods and services by present and future generations.

(15) Maritime spatial planning and integrated coastal management should apply the ecosystem-based approach as referred to in Article 1(3) of Directive 2008/56/EC, having regard to the principle of subsidiarity and taking account of the precautionary principle and of the principle that preventive action should be taken, as laid down in Article 191(2) of the Treaty on the Functioning of the European Union, so as to ensure that the collective pressure of all maritime and coastal activities is kept within levels compatible with the achievement of good environmental status and with the conservation of natural resources, and that the capacity of marine ecosystems to respond to human induced changes is not compromised, while enabling the sustainable use of marine goods and services by present and future generations.

Amendment  6

Proposal for a directive

Recital 16

Text proposed by the Commission

Amendment

(16) Maritime spatial planning and integrated coastal management will contribute, inter alia, to achieving the aims of Directive 2009/28/EC of the European Parliament and of the council of 23 April 2009 on the promotion of the use of energy from renewable sources, Council Regulation 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy, Decision 884/2004/EC of the European Parliament and of the Council amending Decision No 1692/96/EC on Community guidelines for the development of the trans-European transport network, Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy, Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy, the EU Biodiversity Strategy for 2020, the Roadmap towards a Resource Efficient Europe, the EU Strategy on Adaptation to Climate Change well as, where appropriate, those of the EU Regional Policy, including the sea-basin and macro-regional strategies.

(16) Maritime spatial planning and integrated coastal management will contribute, inter alia, to achieving the aims of Directive 2009/28/EC of the European Parliament and of the council of 23 April 2009 on the promotion of the use of energy from renewable sources, Council Regulation 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy, Decision 884/2004/EC of the European Parliament and of the Council amending Decision No 1692/96/EC on Community guidelines for the development of the trans-European transport network, Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy, Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy, Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora and Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds, the EU Biodiversity Strategy for 2020, the Roadmap towards a Resource Efficient Europe, the EU Strategy on Adaptation to Climate Change well as, where appropriate, those of the EU Regional Policy, including the sea-basin and macro-regional strategies.

Amendment  7

Proposal for a directive

Recital 18

Text proposed by the Commission

Amendment

(18) In order to achieve the objectives of this Directive, maritime spatial plans and integrated coastal management strategies should cover the full cycle of problem identification, information collection, planning, decision-making, implementation and monitoring of implementation and be based on best available scientific knowledge. Best use should be made of mechanisms set out in existing or future legislation, including Decision 2010/477/EU on criteria and methodological standards for good environmental status of marine waters or the Commission's Marine Knowledge 2020 initiative.

(18) In order to achieve the objectives of this Directive, maritime spatial plans and integrated coastal management strategies should cover the full cycle of problem identification, information collection, planning, decision-making, implementation and monitoring of implementation and be based on best available scientific knowledge and be coherent with EU policies and principles and particularly the precautionary principle. Best use should be made of mechanisms set out in existing or future legislation, including Decision 2010/477/EU on criteria and methodological standards for good environmental status of marine waters or the Commission's Marine Knowledge 2020 initiative.

Amendment  8

Proposal for a directive

Recital 19

Text proposed by the Commission

Amendment

(19) The main purpose of maritime spatial planning is to identify and manage spatial uses and conflicts in maritime areas. In order to achieve that purpose, Member States need at least to ensure that the planning process or processes result in a comprehensive map identifying the different uses of maritime space, taking into consideration long term changes due to climate change.

(19) The purposes of maritime spatial planning are to identify and manage spatial uses and conflicts in maritime areas and guarantee the sustainable development of maritime and coastal activities. In order to effectively achieve these purposes, Member States need at least to ensure that the planning process or processes have the aim to achieve a sustainable social, environmental and economic development and result in a comprehensive map identifying the different uses of maritime space, taking into consideration long term changes due to climate change.

Amendment  9

Proposal for a directive

Recital 21 a (new)

Text proposed by the Commission

Amendment

 

(21a) In order to adapt coastal areas to climate change, to combat erosion or excessive accretion, the risks of sea ingression, the deterioration of ecological status and the loss of biodiversity of coastal ecosystems, it is extremely important that coastal sediment be managed in a sustainable and environmentally friendly manner, with a view to balancing out problematic areas that are at greater risk. Submarine sediment deposits on the continental shelf can be used where there is a shortage of sediment in the coastal system.

Amendment  10

Proposal for a directive

Recital 22

Text proposed by the Commission

Amendment

(22) The management of maritime and coastal areas is complex and involves different levels of authorities, economic operators and other stakeholders. In order to guarantee sustainable development in an effective manner, it is essential that stakeholders, authorities and the public are consulted at an appropriate stage in the preparation of maritime spatial plans and integrated coastal management strategies under this Directive, in accordance with relevant EU legislation. A good example for public consultation provisions can be found in article 2(2) of Directive 2003/35.

(22) The management of maritime and coastal areas is complex and involves different levels of authorities, economic operators and other stakeholders. In order to guarantee sustainable development in an effective manner, it is essential that stakeholders, the authorities at the various levels and the public are consulted at every stage of the development of maritime spatial plans and integrated coastal management strategies under this Directive, in accordance with relevant EU legislation. Good examples for public consultation provisions can be found in Article 2(2) of Directive 2003/35/EC and Article 6 of Directive 2001/42/EC.

Amendment  11

Proposal for a directive

Recital 23

Text proposed by the Commission

Amendment

(23) Through maritime spatial plans and integrated coastal management strategies Member States can reduce administrative burden and costs in support of their action to implement other relevant Union legislation. The timelines for maritime spatial plans and integrated coastal management strategies should therefore be coherent with the timetables set out in other relevant legislation, especially: Directive 2009/28/EC, which requires that Member State shall ensure that the share of energy from renewable sources in gross final consumption of energy in 2020 is at least 20 % and which identifies coordination of authorisation, certification and planning procedures, including spatial planning as an important contribution to achievement of the EU’s renewable energy targets; Directive 2008/56/EC and Annex A(6) to Decision 2010/477/EU, which requires that Member States shall take the necessary measures to achieve or maintain good environmental status in the marine environment by 2020 and which identify maritime spatial planning as a tool to support the ecosystem-based approach to the management of human activities in order to achieve good environmental status; Decision 884/2004/EC of the European Parliament and of the Council amending Decision No 1692/96/EC on Community guidelines for the development of the trans-European transport network which requires that the trans-European transport network shall be established by 2020 by integrating Europe's land, sea and air transport infrastructure networks.

(23) Through maritime spatial plans and integrated coastal management strategies Member States can reduce administrative burden and costs in support of their action to implement other relevant Union legislation. The timelines for maritime spatial plans and integrated coastal management strategies should therefore be coherent with the timetables set out in other relevant legislation, especially: Directive 2009/28/EC, which requires that Member State shall ensure that the share of energy from renewable sources in gross final consumption of energy in 2020 is at least 20 % and which identifies coordination of authorisation, certification and planning procedures, including spatial planning as an important contribution to achievement of the EU’s renewable energy targets; Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy1, which requires that Member States achieve good ecological potential, good groundwater status and good surface water chemical status by 2015, Directive 2008/56/EC and Annex A(6) to Decision 2010/477/EU, which requires that Member States shall take the necessary measures to achieve or maintain good environmental status in the marine environment by 2020 and which identify maritime spatial planning as a tool to support the ecosystem-based approach to the management of human activities in order to achieve good environmental status; Directive 2008/56/EC; Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora2; Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds3; Decision 884/2004/EC of the European Parliament and of the Council amending Decision No 1692/96/EC on Community guidelines for the development of the trans-European transport network which requires that the trans-European transport network shall be established by 2020 by integrating Europe's land, sea and air transport infrastructure networks.

 

____________________

 

1 OJ L 327, 22.12.2000, p. 1

 

2 OJ L 206, 22.7.1992, p. 7.

 

3OJ L 103, 25.4.1979, p. 1.

Amendment  12

Proposal for a directive

Recital 25 a (new)

Text proposed by the Commission

Amendment

 

(25a) In order to support the widespread and coordinated implementation of this Directive throughout the EU, it would be advisable to find, among existing financial instruments, resources to support demonstration programmes and exchanges of good practices and virtuous processes in coastal management and spatial management strategies, plans and governance.

Amendment  13

Proposal for a directive

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

1. This Directive establishes a framework for maritime spatial planning and integrated coastal management aiming at promoting the sustainable growth of maritime and coastal economies and the sustainable use of marine and coastal resources.

1. This Directive establishes a framework for maritime spatial planning and integrated coastal management aiming at protecting the coastline, promoting the sustainable development of maritime and coastal areas and securing sustainable economic growth and the sustainable use of marine and coastal resources.

Amendment  14

Proposal for a directive

Article 2 – paragraph 1

Text proposed by the Commission

Amendment

1. The provisions of this Directive shall apply to marine waters and coastal zones.

1. The provisions of this Directive shall apply to marine waters and coastal zones, in compliance with existing Union and national legislation.

Amendment  15

Proposal for a directive

Article 2 – paragraph 3

Text proposed by the Commission

Amendment

3. The provisions of this Directive shall be without prejudice to Member States' competences for town and country planning.

3. The provisions of this Directive shall be without prejudice to Member States' competences for spatial planning.

Amendment  16

Proposal for a directive

Article 3 – point 7

Text proposed by the Commission

Amendment

7. ‘Good environmental status’ means the environmental status referred to in Article 3(5) of Directive 2008/56/EC.

7. ‘Good environmental status’ means the environmental status referred to in Article 3(5) of Directive 2008/56/EC and Commission Decision 2010/477/EU.

Justification

Commission Decision 2010/477 EU sets out more detailed guidelines relating to the definition of, and criteria for, 'good environmental status'.

Amendment  17

Proposal for a directive

Article 4 – paragraph 3

Text proposed by the Commission

Amendment

3. When establishing maritime spatial plans and integrated coastal management strategies, Member States shall give due regard to the particularities of the regions and the sub-regions, the respective sector activities, the marine waters and coastal zones concerned and potential climate change impacts.

3. When establishing maritime spatial planning and integrated coastal management strategies, Member States shall give due regard to the particularities of the marine and coastal regions and sub-regions, the existing and planned sector activities, their impact on the environment, the impact on the local communities and the expected impacts of climate change.

Amendment  18

Proposal for a directive

Article 5 – introductory part

 

Text proposed by the Commission

Amendment

Maritime spatial plans and integrated coastal management strategies shall apply an ecosystem-based approach to facilitate the co-existence and prevent conflicts between competing sector activities in marine waters and coastal zones, and shall aim to contribute to:

Maritime spatial plans and integrated coastal management strategies shall foster the sustainable development of maritime and coastal activities in the long-term applying an ecosystem-based approach to facilitate co-existence and cooperation between competing sector activities in marine waters and coastal zones, by preventing conflicts between them, with the full participation of public stakeholders, and having regard to the principle of subsidiarity shall aim in particular to contribute to:

Amendment  19

Proposal for a directive

Article 5 – point a

 

Text proposed by the Commission

Amendment

(a) securing the energy supply of the Union by promoting the development of marine energy sources, the development of new and renewable forms of energy, the interconnection of energy networks, and energy efficiency;

(a) meeting the Union’s objectives as regards the development of renewable forms of energy, securing the energy supply of the Union, improving the integration of the internal energy market and contributing to sustainable development and environmental protection by promoting the development of renewable marine energy and through the development of new and renewable forms of energy, the interconnection of energy networks, and energy efficiency;

Amendment  20

Proposal for a directive

Article 5 – point b

 

Text proposed by the Commission

Amendment

(b) promoting the development of maritime transport and providing efficient and cost-effective shipping routes across Europe, including port accessibility and transport safety;

(b) ensuring the sustainable development of maritime transport outside marine protected areas, respecting sensitive ecosystems, including port accessibility and transport safety and the protection of coastal and marine ecosystems;

Amendment  21

Proposal for a directive

Article 5 – point c

 

Text proposed by the Commission

Amendment

(c) fostering the sustainable development and growth of the fisheries and aquaculture sector, including employment in fisheries and connected sectors;

(c) fostering the sustainable exploitation and management of fishing areas and the sustainable development of the aquaculture sector, including employment in fisheries and connected sectors;

Amendment  22

Proposal for a directive

Article 5 – point d

Text proposed by the Commission

Amendment

(d) ensuring the preservation, protection and improvement of the environment as well as the prudent and rational use of natural resources, notably in order to achieve good environmental status, halt the loss of biodiversity and degradation of ecosystem services and reduce marine pollution risks;

(d) ensuring the preservation, protection and improvement of the environment through a representative and coherent network of protected areas, as well as the prudent, precautionary and rational use of natural resources, notably in order to achieve good environmental status, halt the loss of biodiversity and degradation of ecosystem services and to reduce and prevent marine and coastal areas pollution risks;

Amendment  23

Proposal for a directive

Article 5 – point e

 

Text proposed by the Commission

Amendment

(e) ensuring climate resilient coastal and marine areas.

(e) ensuring that coastal and marine areas are more resilient to climate change impacts in order to protect vulnerable coastal areas;

Amendment  24

Proposal for a directive

Article 5 – point e a (new)

Text proposed by the Commission

Amendment

 

(ea) protecting, maintaining and enhancing invaluable coastal and shallow water natural resources such as seagrass meadows, kelp forests, maerl beds and salt marshes that are major carbon capture and storage ecosystems, avoiding conflict with offshore renewable energy installations;

Amendment  25

Proposal for a directive

Article 5 – point e b (new)

Text proposed by the Commission

Amendment

 

(eb) encouraging the conservation, enhancement and promotion of the cultural heritage of coastal and marine areas.

Amendment  26

Proposal for a directive

Article 6 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a. The programmes and strategies must take account of the impact of human maritime and coastal activities on ecosystems and marine resources.

Amendment  27

Proposal for a directive

Article 7 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. When establishing maritime spatial plans Member States shall take into consideration, at least, the following activities:

2. When establishing maritime spatial plans Member States shall take into consideration, at least, the following elements:

Amendment  28

Proposal for a directive

Article 7 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) installations for the extraction of energy and the production of renewable energy;

(a) installations and infrastructures for the exploration and extraction of oil, gas and other energy resources and the production of renewable energy;

Amendment  29

Proposal for a directive

Article 7 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) oil and gas extraction sites and infrastructures;

(b) oil and gas – including shale gas – extraction sites and infrastructures;

Amendment  30

Proposal for a directive

Article 7 – paragraph 2 – point b a (new)

Text proposed by the Commission

Amendment

 

(ba) sites and infrastructure for the storage of carbon dioxide and natural gas;

Amendment  31

Proposal for a directive

Article 7 – paragraph 2 – point d a (new)

Text proposed by the Commission

Amendment

 

(da) submarine sediment deposits for coastal fill;

Amendment  32

Proposal for a directive

Article 7 – paragraph 2 – point e

Text proposed by the Commission

Amendment

(e) fishing areas;

(e) fishing and aquaculture areas;

Amendment  33

Proposal for a directive

Article 7 – paragraph 2 – point f

Text proposed by the Commission

Amendment

(f) sea farming sites;

(f) aquaculture sites;

Amendment  34

Proposal for a directive

Article 7 – paragraph 2 – point g

Text proposed by the Commission

Amendment

(g) nature conservation sites.

(g) nature and species protection and conservation sites, Natura 2000 areas, other sensitive marine ecosystems and surrounding areas, in accordance with Union and national legislation;

Amendment  35

Proposal for a directive

Article 7 – paragraph 2 – point g a (new)

Text proposed by the Commission

Amendment

 

(ga) sites and landscapes of historical, cultural or archaeological significance.

Amendment  36

Proposal for a directive

Article 7 – paragraph 2 – point g b (new)

Text proposed by the Commission

Amendment

 

(gb) domestic and industrial wastewater discharges;

Amendment  37

Proposal for a directive

Article 7 – paragraph 2 – point g c (new)

Text proposed by the Commission

Amendment

 

(gc) ports.

Amendment  38

Proposal for a directive

Article 8 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) utilisation of specific natural resources including installations for the extraction of energy and the production of renewable energy;

(a) utilisation of specific natural resources including installations for the extraction and storage of energy and the production of renewable energy;

Amendment  39

Proposal for a directive

Article 8 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) development of infrastructure, energy facilities, transport, ports, maritime works and other structures including green infrastructure;

(b) development of infrastructure, energy facilities, transport, ports, maritime works, waste water treatment installations and other structures including green infrastructure;

Amendment  40

Proposal for a directive

Article 8 – paragraph 2 – point d a (new)

Text proposed by the Commission

Amendment

 

(da) sustainable management of coastal sediment, including deposits in the vicinity of ports and defence systems;

Amendment  41

Proposal for a directive

Article 8 – paragraph 2 – point e

Text proposed by the Commission

Amendment

(e) conservation, restoration and management of coastal ecosystems, ecosystem services and nature, coastal landscapes and islands;

(e) protection, conservation, restoration and management of coastal ecosystems, protected deltas and wetland areas, ecosystem services and nature, coastal landscapes and islands;

Amendment  42

Proposal for a directive

Article 8 – paragraph 2 – point f

Text proposed by the Commission

Amendment

(f) mitigation and adaptation to climate change.

(f) mitigation and adaptation to climate change in particular increasing ecosystem resilience;

Amendment  43

Proposal for a directive

Article 8 – paragraph 2 – point f a (new)

Text proposed by the Commission

Amendment

 

(fа) maritime and coastal tourism.

Amendment  44

Proposal for a directive

Article 8 – paragraph 2 – point f b (new)

Text proposed by the Commission

Amendment

 

(fb) conservation and management of cultural heritage.

Amendment  45

Proposal for a directive

Article 9 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall establish means for the public participation of all interested parties at an early stage in the development of maritime spatial plans and integrated coastal management strategies.

1. Member States shall establish means for the public participation of all stakeholders, the authorities at the various levels and the public concerned at an early stage in the development of maritime spatial plans and integrated coastal management strategies, in compliance with their national legal systems.

Amendment  46

Proposal for a directive

Article 9 – paragraph 2

Text proposed by the Commission

Amendment

2. Public participation shall ensure that the relevant stakeholders and authorities and the public concerned are consulted on the draft plans and strategies and have access to the results once available.

2. Public participation shall ensure that the relevant stakeholders, the authorities at the various levels and the public concerned are consulted on the draft plans and strategies and have access to the results once available.

Amendment  47

Proposal for a directive

Article 10 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall organise the collection of the best available data and the exchange of information necessary for maritime spatial plans and integrated coastal management strategies.

1. Member States shall organise the collection of the best available data and the updating and exchange of information necessary for maritime spatial plans and integrated coastal management strategies, including through the establishment of a joint electronic platform.

Amendment  48

Proposal for a directive

Article 11 – paragraph 1

Text proposed by the Commission

Amendment

Maritime spatial plans and integrated coastal management strategies are subject to the provisions of Directive 2001/42/EC.

Maritime spatial plans and integrated coastal management strategies are subject to the provisions of Directive 2001/42/EC and of Article 6 of Directive 92/43/EEC where applicable.

Amendment  49

Proposal for a directive

Article 12 – paragraph 1

Text proposed by the Commission

Amendment

1. Each Member State bordering a coastal zone or maritime area of another Member State shall cooperate to ensure that maritime spatial plans and integrated coastal management strategies are coherent and coordinated across the coastal zone or marine region and/or sub-region concerned. Such cooperation shall in particular take into account issues of a transnational nature, such as cross-border infrastructure.

1. Each Member State bordering a coastal zone or maritime area of another Member State shall cooperate to ensure that maritime spatial plans and integrated coastal management strategies are coherent and coordinated across the coastal zone or marine region and/or sub-region concerned. Such cooperation shall in particular take into account issues of a transnational nature, such as cross-border infrastructure and the environment.

Amendment  50

Proposal for a directive

Article 13 – paragraph 1

Text proposed by the Commission

Amendment

Member States bordering a coastal zone or maritime area of a third country shall make every effort to coordinate their maritime spatial plans and integrated coastal management strategies with that third country in the marine region or sub-region and the related coastal zone concerned.

Member States bordering a coastal zone or maritime area of a third country shall, in compliance with International Maritime Law and Conventions, consult that country and make every effort to cooperate and coordinate their maritime spatial plans and integrated coastal management strategies with that third country in the marine region or sub-region and the related coastal zone concerned.

PROCEDURE

Title

Maritime spatial planning and integrated coastal management

References

COM(2013)0133 – C7-0065/2013 – 2013/0074(COD)

Committee responsible

       Date announced in plenary

TRAN

15.4.2013

 

 

 

Opinion by

       Date announced in plenary

ENVI

15.4.2013

Rapporteur

       Date appointed

Mario Pirillo

18.4.2013

Discussed in committee

5.9.2013

 

 

 

Date adopted

24.10.2013

 

 

 

Result of final vote

+:

–:

0:

43

8

0

Members present for the final vote

Martina Anderson, Elena Oana Antonescu, Sophie Auconie, Franco Bonanini, Biljana Borzan, Yves Cochet, Spyros Danellis, Chris Davies, Anne Delvaux, Bas Eickhout, Jill Evans, Gerben-Jan Gerbrandy, Matthias Groote, Françoise Grossetête, Cristina Gutiérrez-Cortines, Satu Hassi, Jolanta Emilia Hibner, Dan Jørgensen, Karin Kadenbach, Peter Liese, Zofija Mazej Kukovič, Linda McAvan, Radvilė Morkūnaitė-Mikulėnienė, Miroslav Ouzký, Vladko Todorov Panayotov, Gilles Pargneaux, Andrés Perelló Rodríguez, Mario Pirillo, Pavel Poc, Anna Rosbach, Oreste Rossi, Daciana Octavia Sârbu, Carl Schlyter, Horst Schnellhardt, Richard Seeber, Bogusław Sonik, Dubravka Šuica, Claudiu Ciprian Tănăsescu, Sabine Wils, Marina Yannakoudakis

Substitute(s) present for the final vote

Kriton Arsenis, Julie Girling, Romana Jordan, Marusya Lyubcheva, James Nicholson, Vittorio Prodi, Birgit Schnieber-Jastram, Andrea Zanoni

Substitute(s) under Rule 187(2) present for the final vote

Franco Frigo, Anna Hedh, Anthea McIntyre

OPINION of the Committee on Fisheries (18.10.2013)

for the Committee on Transport and Tourism

on the proposal for a directive of the European Parliament and of the Council establishing a framework for maritime spatial planning and integrated coastal management
(COM(2013)0133 – C7‑0065/2013 – 2013/0074(COD))

Rapporteur: Isabelle Thomas

SHORT JUSTIFICATION

In the Limassol Declaration of October 2012, the European ministers responsible for maritime affairs gave a political undertaking to foster growth in the maritime sector in accordance with the Europe 2020 strategy.

Regulation (EU) No 1255/2011 establishing a programme to support the further development of an integrated maritime policy created a legal basis and framework for coordinating policies. This was enhanced by the Blue Growth strategy, which serves to guide policy in the field and determine its scope, and which should now be accompanied by specific tools.

Under the Blue Growth strategy, preparations need to be made for the development of maritime economic activities. For this to happen, suitable infrastructure needs to be put in place to support the new activities and maritime space needs to be organised in such a way that everyone has access. This should not come at the expense of ‘traditional’ activities such as fishing and shipping. Given that coastal land‑use is already high, further development will lead to conflicts over land use and environmental issues in coastal areas. These conflicts will be challenging to mediate and so maritime spatial planning and governance tools need to be established. The aim of the directive is to encourage each Member State to create these tools in order to facilitate blue growth.

Above all, the proposal for a directive establishing a framework for maritime spatial planning (MSP) and integrated coastal zone management (ICZM) offers the Member States a method of managing and organising as effectively as possible the simultaneous use of maritime and coastal areas for a variety of purposes in a strategic, cross‑cutting and coordinated way.

Firstly, the proposal seeks to map maritime areas and the economic activities which take place in them. It also seeks to include in these maps any sensitive maritime areas, with a view to their protection, and to identify areas where development is possible in the future. Most importantly, however, the proposal aims to organise the coexistence of all these activities in order to prevent conflicts of use, which are already a major handicap. Cooperation, governance and, consequently, decisions about what the priorities should be, are at the heart of integrated coastal zone management.

What is more, combining MSP and ICZM makes it easier to understand the land‑sea interface and to ensure that several activities can coexist in time and space, where the height of the water column and the non‑site‑specific nature of the activities involved allow this. Viewing maritime space as a set of separate areas for exclusive use by specific sectors gives the impression that it is overcrowded. Maritime spatial planning shows that this is not necessarily the case and that it is possible to regulate a variety of activities within a given area.

Although the Commission proposal specifies the objectives, activities and actions which come within the competences of the Union, it is impossible to conceive of MSP or ICZM whose sole purpose would be to plan and integrate these activities without taking any account of land‑sea interdependence and the impact that land‑use planning may have on maritime space. These instruments can be effective only if they form part of a holistic approach, which is precisely what this proposal is seeking to promote. This approach must nevertheless be consistent with the principle of subsidiarity and respect Member State competences.

The Commission’s decision to put forward a directive to establish a framework for maritime spatial planning and integrated coastal zone management would therefore appear to be a sound one, because these tools need to be introduced and implemented in accordance with the subsidiarity principle, and the procedures, means of governance and cooperation processes involved will vary from one Member State to another. This in turn will be determined by each Member State’s administrative arrangements and, in many cases, its choice as to what the most appropriate governance level would be. It may be necessary to define the coastal sub‑regions geographically in such a way that they correspond with existing administrative regions.

The flexibility afforded by a directive is also important, given that many Member States already have maritime spatial planning and integrated coastal zone management instruments. It is therefore essential to take account of the practices already employed by Member States that are at the forefront of developments in the field and to adhere to the principle of backward compatibility.

Lastly, it is useful to have a European framework in this field because it helps to foster policy integration and makes it easier to implement maritime spatial planning and integrated coastal zone management instruments in a coordinated way by encouraging dialogue and cross‑border cooperation. At a time when the Union is promoting the creation of multiple networks and the development of European policies on the sea, maritime space should be characterised by cooperation and integration. Given, in particular, that many activities such as fishing are cross‑border in nature, MSP and ICZM will succeed only if countries have a clear understanding of what their neighbours' priorities are in shared‑use zones.

AMENDMENTS

The Committee on Fisheries calls on the Committee on Transport and Tourism, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1

Proposal for a directive

Recital 1

Text proposed by the Commission

Amendment

(1) The high and rapidly increasing demand for maritime space for different purposes, such as renewable energy installations, maritime shipping and fishing activities, ecosystem conservation and tourism and aquaculture installations, as well as the multiple pressures on coastal resources require an integrated planning and management approach.

(1) The high and rapidly increasing demand for maritime space for different purposes, such as renewable energy installations, the extraction of raw materials from the seabed, maritime shipping and fishing and shellfishing activities, ecosystem conservation and tourism and aquaculture installations, as well as the multiple pressures on coastal ecosystems and resources, require an integrated planning and management approach which offers a method for organising the simultaneous use of such space for a variety of purposes.

Amendment  2

Proposal for a directive

Recital 2

Text proposed by the Commission

Amendment

(2) Such an approach to ocean management has been developed in the Integrated Maritime Policy for the European Union, including, as its environmental pillar, Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for Community action in the field of marine environmental policy. The objective of the Integrated Maritime Policy is to support the sustainable development of seas and oceans and to develop coordinated, coherent and transparent decision-making in relation to the Union’s sectoral policies affecting the oceans, seas, islands, coastal and outermost regions and maritime sectors, including through sea-basin strategies or macro-regional strategies.

(2) Such an approach to ocean management has been developed in the Integrated Maritime Policy for the European Union, including, as its environmental pillar, Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for Community action in the field of marine environmental policy. There is now a need to propose tools which make it possible to achieve all the objectives of the Integrated Maritime Policy in a manner consistent with the three pillars of sustainable development. The objective of the Integrated Maritime Policy is to support the sustainable development of seas and oceans and to develop coordinated, coherent and transparent decision-making in relation to the Union’s sectoral policies affecting the oceans, seas, islands, coastal and outermost regions and maritime sectors, focusing on sea-basin strategies or macro-regional strategies which take into account the specific nature of certain seas.

Amendment  3

Proposal for a directive

Recital 3

Text proposed by the Commission

Amendment

(3) The Integrated Maritime Policy identifies maritime spatial planning and integrated coastal management as cross-cutting policy tools for public authorities and stakeholders to apply a coordinated, integrated approach. The application of an ecosystem-based approach will contribute to promoting the sustainable growth of the maritime and coastal economies and the sustainable use of marine and coastal resources.

(3) The Integrated Maritime Policy identifies maritime spatial planning and integrated coastal management as cross-cutting policy tools for public authorities and stakeholders to apply a coordinated, integrated approach. The application of an ecosystem-based approach, in which people play a key role, will contribute to promoting the sustainable growth of the maritime and coastal economies and the sustainable use of marine and coastal resources.

Amendment 4

Proposal for a directive

Recital 8

Text proposed by the Commission

Amendment

(8) In order to ensure the appropriate apportionment of maritime space among relevant uses and the coordinated management of coastal zones, a framework should be put in place that consists at least in the establishment and implementation by Member States of maritime spatial plans and integrated coastal management strategies.

(8) In order to ensure that multiple and diverse relevant uses and human activities can be pursued at the same time and in the same maritime space and to guarantee the coordinated management of coastal zones, a framework should be put in place that consists at least in the establishment and implementation by Member States of maritime spatial plans and integrated coastal management strategies.

Amendment  5

Proposal for a directive

Recital 9

Text proposed by the Commission

Amendment

(9) Maritime spatial planning and integrated coastal management will result in better coordination of maritime and coastal activities, which can lead to significant economic benefits by providing transparency, predictability and stability for investors as well as lowering coordination and transaction costs.

(9) Maritime spatial planning and integrated coastal management will result in better, more simple and more effective coordination, linkage and compatibility of maritime and coastal activities, which can lead to significant economic benefits by providing a framework of transparency, legal certainty, predictability and stability for investors as well as cutting bureaucracy and lowering coordination and transaction costs.

Amendment 6

Proposal for a directive

Recital 9 a (new)

Text proposed by the Commission

Amendment

 

(9a) The coordination of maritime and coastal activities through maritime spatial planning and integrated coastal zone management should as far as possible be based on an inclusive, and not exclusive, approach.

Amendment  7

Proposal for a directive

Recital 11

Text proposed by the Commission

Amendment

(11) The geographical scope of marine waters and coastal zones overlaps in the coastal and territorial waters of Member States. The tools of maritime spatial planning and integrated coastal management are complementary, as they respectively focus on mapping existing and potential human activities for the purpose of preparing maritime spatial plans in marine waters and on the identification of measures for integrated management of these human activities in coastal zones. The joint coherent application of Maritime Spatial Plans and Integrated Coastal Management Strategies will improve the land-sea interface planning and management.

(11) The geographical scope of marine waters and coastal zones overlaps in the coastal and territorial waters of Member States. The tools of maritime spatial planning and integrated coastal management are complementary, as they respectively focus on mapping the multiple and diverse existing and potential uses and human activities for the purpose of preparing strategic maritime spatial plans in marine waters and on the identification of measures for integrated management of these human activities in coastal zones. The joint, linked up and coherent application of strategic Maritime Spatial Plans and Integrated Coastal Management Strategies will improve the land-sea interface planning and management, and contribute to rationalising the exploitation and protection of the sea. The outermost regions, given their substantial economic dependence on the land-sea interface and on optimal use of their maritime space, should also be included in the scope of the Directive.

Justification

(This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

Amendment  8

Proposal for a directive

Recital 11 a (new)

Text proposed by the Commission

Amendment

 

(11a) In order to improve maritime governance and prevent conflict in relation to maritime spatial planning, a European coastguard corps should be established by stepping up cooperation and coordination, at the appropriate levels, among the authorities that provide coastguard services within the Union, with a view to improving sea and ocean safety and security, notably through the enforcement of existing maritime law.

Amendment  9

Proposal for a directive

Recital 12

Text proposed by the Commission

Amendment

(12) While it is appropriate for the Union to lay down rules on maritime spatial plans and integrated coastal management strategies, Member States and their competent authorities remain responsible for designing and determining, within their marine waters and coastal zones, the content of such plans and strategies, including the apportionment of maritime space to the different sector activities.

(12) While it is appropriate for the Union to lay down rules on maritime spatial plans and integrated coastal management strategies, Member States and their competent authorities remain responsible for designing and determining, within their marine waters and coastal zones, the content of such plans and strategies, including organising the coexistence of different and potentially competing sector activities and measures to ensure compatibility in maritime space, in accordance with European and national objectives.

Amendment  10

Proposal for a directive

Recital 13

Text proposed by the Commission

Amendment

(13) So as to respect proportionality and subsidiarity, as well as minimise additional administrative burden, transposition and implementation of this Directive should to the greatest extent possible build upon existing national rules and mechanisms. Integrated coastal management strategies should build on the principles and elements set out in Council Recommendation 2002/413/EC and Council Decision 2010/631/EU.

(13) So as to respect proportionality and subsidiarity, as well as minimise additional administrative burden, transposition and implementation of this Directive should to the greatest extent possible build upon existing national rules and mechanisms with a view to making the procedures clear, simple and quick. Integrated coastal management strategies should build on the principles and elements set out in Council Recommendation 2002/413/EC and Council Decision 2010/631/EU.

Amendment  11

Proposal for a directive

Recital 14

Text proposed by the Commission

Amendment

(14) In marine waters and coastal zones, ecosystems and marine and coastal resources are subject to significant pressures. Human activities, but also climate change effects, natural hazards and shoreline dynamics such as erosion and accretion, can have severe impacts on coastal economic development and growth, as well as coastal and marine ecosystems, leading to deterioration of environmental status, loss of biodiversity and degradation of ecosystem services. Due regard should be given to these various pressures in the establishment of maritime spatial plans and integrated coastal management strategies. Moreover, healthy coastal and marine ecosystems and their multiple services, if integrated in planning decisions, can deliver substantial benefits in terms of food production, recreation and tourism, climate change mitigation and adaptation, shoreline dynamics control and disaster prevention.

(14) In marine waters and coastal zones, ecosystems and marine and coastal resources are subject to diverse and significant pressures. Human activities, but also climate change effects, natural hazards and shoreline dynamics such as coastal erosion and sediment accretion, can have severe impacts on coastal economic development and growth, as well as coastal and marine ecosystems, leading to deterioration of environmental and economic status, loss of biodiversity and degradation of ecosystem services. Due regard should be given to these various pressures in the establishment of maritime spatial plans and integrated coastal management strategies. Moreover, healthy coastal and marine ecosystems and their multiple services, if integrated in planning decisions, can deliver substantial benefits in terms of food production, recreation and tourism, climate change mitigation, adaptation and resilience, shoreline dynamics control and disaster prevention.

Amendment 12

Proposal for a directive

Recital 14 a (new)

Text proposed by the Commission

Amendment

 

(14a) Good practices in coastal management and in relation to the law of the coast should be shared.

Amendment  13

Proposal for a directive

Recital 14 b (new)

Text proposed by the Commission

Amendment

 

(14b) Maritime spatial planning and integrated coastal management should take due account of the specific features of regions and sub-regions, in particular the outermost regions which, being located in oceanic zones without a continental shelf and with extremely deep waters only a few miles off the coast, largely target their fishing activities at deep-sea fishery resources, a fact that could lead to conflicts over use between traditional fishing activity and emerging and promising activities such as the extraction of raw materials from the seabed.

Amendment  14

Proposal for a directive

Recital 15

Text proposed by the Commission

Amendment

(15) Maritime spatial planning and integrated coastal management should apply the ecosystem-based approach as referred to in Article 1(3) of Directive 2008/56/EC so as to ensure that the collective pressure of all activities is kept within levels compatible with the achievement of good environmental status and that the capacity of marine ecosystems to respond to human-induced changes is not compromised, while enabling the sustainable use of marine goods and services by present and future generations.

(15) Maritime spatial planning and integrated coastal management should apply the ecosystem approach as referred to in Article 1(3) of Directive 2008/56/EC, which equally promotes all three pillars of sustainable development and in which people play a key role, so as to ensure that the collective pressure of all activities is kept within levels compatible with the achievement of good environmental status and that the capacity of marine ecosystems to respond to human-induced changes is not compromised, while enabling the sustainable use of marine goods and services by present and future generations and allowing them to invest and be economically competitive.

Amendment  15

Proposal for a directive

Recital 17

Text proposed by the Commission

Amendment

(17) Maritime and coastal activities are often closely interrelated. This requires maritime spatial plans and integrated coastal management strategies to be coordinated or integrated in order to guarantee the sustainable use of maritime space and management of coastal areas taking account of social, economic and environmental factors.

(17) Maritime and coastal activities are often closely interrelated and interdependent. This requires maritime spatial plans and integrated coastal management strategies to be coordinated, linked up or integrated in order to guarantee the sustainable use of maritime space and management of coastal areas taking account of social, economic and environmental factors and objectives.

Amendment  16

Proposal for a directive

Recital 18

Text proposed by the Commission

Amendment

(18) In order to achieve the objectives of this Directive, maritime spatial plans and integrated coastal management strategies should cover the full cycle of problem identification, information collection, planning, decision-making, implementation and monitoring of implementation and be based on best available scientific knowledge. Best use should be made of mechanisms set out in existing or future legislation, including Decision 2010/477/EU on criteria and methodological standards for good environmental status of marine waters or the Commission's Marine Knowledge 2020 initiative.

(18) In order to achieve the objectives of this Directive, maritime spatial plans and integrated coastal management strategies should cover the full cycle of problem identification, information collection, planning, decision-making, implementation, monitoring of implementation, revision or updating, and be based on best and most recent available scientific knowledge. Best use should be made of mechanisms set out in existing or future legislation, including Decision 2010/477/EU on criteria and methodological standards for good environmental status of marine waters or the Commission's Marine Knowledge 2020 initiative.

Amendment  17

Proposal for a directive

Recital 19

Text proposed by the Commission

Amendment

(19) The main purpose of maritime spatial planning is to identify and manage spatial uses and conflicts in maritime areas. In order to achieve that purpose, Member States need at least to ensure that the planning process or processes result in a comprehensive map identifying the different uses of maritime space, taking into consideration long term changes due to climate change.

(19) The main purpose of maritime spatial planning is to identify and manage spatial uses and conflicts over use in maritime areas. In order to achieve those purposes, Member States need at least to ensure that the planning process or processes result in a comprehensive map identifying the different uses and human activities in maritime space, both present and future, taking into consideration foreseeable long term changes due to climate change.

Amendment  18

Proposal for a directive

Recital 20

Text proposed by the Commission

Amendment

(20) Member States should consult and coordinate their plans and strategies with the relevant Member State or third country authorities in the marine region or sub-region or coastal zone concerned in conformity with the rights and obligations of these Member States and third countries under European and international law. Effective cross border cooperation between Member States and with neighbouring third countries requires that the competent authorities in each Member State are identified. Member States therefore need to designate the competent authority or authorities responsible for cooperation with other Member States or third countries. Given the differences between various marine regions or sub-regions and coastal zones, it is not appropriate to prescribe in detail in this Directive how these cooperation mechanisms should look.

(20) Member States should consult and coordinate their plans and strategies with the relevant Member State or third country authorities in the marine region or sub-region or coastal zone concerned, which should be duly encouraged and supported by the EU and implemented in conformity with the rights and obligations of these Member States and third countries under European and international law. Effective cross border cooperation between Member States and with neighbouring third countries requires that the competent authorities in each Member State are identified. Member States therefore need to designate the competent authority or authorities responsible for cooperation with other Member States or third countries. Given the differences between various marine regions or sub-regions and coastal zones, it is not appropriate to prescribe in detail in this Directive how these cooperation mechanisms should look.

Amendment  19

Proposal for a directive

Recital 21

Text proposed by the Commission

Amendment

(21) A variety of measures under different policies apply in coastal zones. In order to achieve the objectives of this Directive, Member States should prepare an inventory of these measures and analyse the need for additional actions, such as actions to prevent erosion and manage accretion, adapt to the effects of climate change, combat coastal and marine litter, develop green infrastructure and help prevent natural disasters. These should be applied in a coordinated and integrated way. In doing this, Member States should consider all relevant coastal activities and pay particular attention to cross-sectoral and land-sea interactions between these activities.

(21) A variety of measures under different policies apply in coastal zones. In order to achieve the objectives of this Directive, Member States should prepare an inventory of these measures and analyse the need for additional actions, such as actions to prevent coastal erosion and manage sediment accretion and silting, adapt to the effects and consequences of climate change, combat coastal and marine litter, to combat the spread of algae, develop green infrastructure and help to prevent natural disasters. These should be applied in a coordinated and integrated way. In doing this, Member States should consider all relevant coastal activities and pay particular attention to cross-sectoral and land-sea interactions between these activities.

Amendment  20

Proposal for a directive

Recital 22

Text proposed by the Commission

Amendment

(22) The management of maritime and coastal areas is complex and involves different levels of authorities, economic operators and other stakeholders. In order to guarantee sustainable development in an effective manner, it is essential that stakeholders, authorities and the public are consulted at an appropriate stage in the preparation of maritime spatial plans and integrated coastal management strategies under this Directive, in accordance with relevant EU legislation. A good example for public consultation provisions can be found in article 2(2) of Directive 2003/35.

(22) The management of maritime and coastal areas is complex and involves different levels of authorities, economic operators and other stakeholders. In order to guarantee sustainable development in an effective manner, it is essential that stakeholders, authorities and the public are involved in cooperation mechanisms at all stages of the procedure for the preparation of maritime spatial plans and integrated coastal management strategies under this Directive, in accordance with relevant EU legislation. A good example for public consultation provisions can be found in article 2(2) of Directive 2003/35.

Amendment  21

Proposal for a directive

Recital 22 a (new)

Text proposed by the Commission

Amendment

 

(22a) Various levels of governance are involved in land‑sea interface management, and the nature and scale of integrated coastal zone management and maritime spatial planning should lead to the integration of those levels of governance. The competent authorities may differ from one Member State to another and their work may involve different actors and governance bodies.

Amendment  22

Proposal for a directive

Recital 23

Text proposed by the Commission

Amendment

(23) Through maritime spatial plans and integrated coastal management strategies Member States can reduce administrative burden and costs in support of their action to implement other relevant Union legislation. The timelines for maritime spatial plans and integrated coastal management strategies should therefore be coherent with the timetables set out in other relevant legislation, especially: Directive 2009/28/EC, which requires that Member State shall ensure that the share of energy from renewable sources in gross final consumption of energy in 2020 is at least 20 % and which identifies coordination of authorisation, certification and planning procedures, including spatial planning as an important contribution to achievement of the EU’s renewable energy targets; Directive 2008/56/EC and Annex A(6) to Decision 2010/477/EU, which requires that Member States shall take the necessary measures to achieve or maintain good environmental status in the marine environment by 2020 and which identify maritime spatial planning as a tool to support the ecosystem-based approach to the management of human activities in order to achieve good environmental status; Decision 884/2004/EC of the European Parliament and of the Council amending Decision No 1692/96/EC on Community guidelines for the development of the trans-European transport network which requires that the trans-European transport network shall be established by 2020 by integrating Europe's land, sea and air transport infrastructure networks.

(23) Through maritime spatial plans and integrated coastal management strategies Member States can reduce administrative burden and costs in support of their action to implement other relevant Union legislation. The timelines for maritime spatial plans and integrated coastal management strategies should therefore be as coherent as possible with the timetables set out in other relevant legislation, especially: Directive 2009/28/EC, which requires that Member State shall ensure that the share of energy from renewable sources in gross final consumption of energy in 2020 is at least 20 % and which identifies coordination of authorisation, certification and planning procedures, including spatial planning as an important contribution to achievement of the EU’s renewable energy targets; Directive 2008/56/EC and Annex A(6) to Decision 2010/477/EU, which requires that Member States shall take the necessary measures to achieve or maintain good environmental status in the marine environment by 2020 and which identify maritime spatial planning as a tool to support the ecosystem-based approach to the management of human activities in order to achieve good environmental status; Decision 884/2004/EC of the European Parliament and of the Council amending Decision No 1692/96/EC on Community guidelines for the development of the trans-European transport network which requires that the trans-European transport network shall be established by 2020 by integrating Europe's land, sea and air transport infrastructure networks.

Amendment  23

Proposal for a directive

Recital 25

Text proposed by the Commission

Amendment

(25) In order to ensure that the establishment of maritime spatial plans and integrated coastal management strategies is based on reliable data and to avoid additional administrative burden, it is essential that Member States collect the best available data and information by making use of existing instruments and tools for data collection, such as those developed in the context of the Marine Knowledge 2020 initiative.

(25) In order to ensure that the establishment of maritime spatial plans and integrated coastal management strategies is based on reliable data and to avoid additional administrative burden and the associated delays and costs, it is essential that Member States collect the best and most recent available data and information by making use of existing instruments and tools for data collection, such as those developed in the context of the Marine Knowledge 2020 initiative.

Amendment  24

Proposal for a directive

Recital 27

Text proposed by the Commission

Amendment

(27) In order to ensure the uniform implementation of this Directive, in particular regarding data management and operational steps for the establishment, implementation and reporting of maritime spatial plans and integrated coastal management strategies, including technical formats for data sharing, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers.

(27) For the purposes of drawing up the reports referred to in Article 15 of this Directive, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers.

Amendment  25

Proposal for a directive

Recital 28

Text proposed by the Commission

Amendment

(28) Timely transposition of the provisions of this Directive is essential since the EU has adopted a number of policy initiatives that are to be implemented by the year 2020 and which this Directive aims to support. The shortest possible deadline for the transposition of this Directive should therefore be adopted.

(28) Timely transposition of the provisions of this Directive is essential since the EU has adopted a number of policy initiatives that are to be implemented by the year 2020 and which this Directive aims to support and complement. The shortest possible deadline for the transposition of this Directive should therefore be adopted.

Amendment  26

Proposal for a directive

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

1. This Directive establishes a framework for maritime spatial planning and integrated coastal management aiming at promoting the sustainable growth of maritime and coastal economies and the sustainable use of marine and coastal resources.

1. This Directive establishes a framework for maritime spatial planning and integrated coastal management, incorporating Union-level sea basin strategies and macro-regional strategies where applicable, and aiming at promoting the sustainable socioeconomic and environmental development and growth of maritime and coastal spaces and the sustainable use of marine and coastal ecosystems and resources.

Amendment  27

Proposal for a directive

Article 1 – paragraph 2

Text proposed by the Commission

Amendment

2. Within the Integrated Maritime Policy of the Union, this framework provides for the establishment and implementation by Member States of maritime spatial plans and of integrated coastal management strategies with the aim of meeting the objectives specified in Article 5.

2. Within the Integrated Maritime Policy of the Union, this Directive provides for the establishment and implementation by Member States of maritime spatial plans and of integrated coastal management strategies with the aim of meeting the objectives specified in Article 5.

Amendment  28

Proposal for a directive

Article 2 – paragraph 1

Text proposed by the Commission

Amendment

1. The provisions of this Directive shall apply to marine waters and coastal zones.

1. The provisions of this Directive shall apply to marine waters and coastal zones, including those of the outermost regions.

Amendment  29

Proposal for a directive

Article 2 – paragraph 2

Text proposed by the Commission

Amendment

2. This Directive shall not apply to activities the sole purpose of which is defence or national security. Each Member State shall, however, endeavour to ensure that such activities are conducted in a manner compatible with the objectives of this Directive.

2. This Directive shall not apply to activities the sole purpose of which is defence or national security, except in relation to the establishment of a European coastguard corps. Each Member State shall, however, endeavour to ensure that such activities are conducted in a manner compatible with the objectives of this Directive.

Amendment  30

Proposal for a directive

Article 2 – paragraph 3

Text proposed by the Commission

Amendment

3. The provisions of this Directive shall be without prejudice to Member States' competences for town and country planning.

3. The provisions of this Directive shall be without prejudice to Member States' competences both for town and country planning and for addressing the relationship between terrestrial and marine matters.

Justification

This additional text clarifies the scope in terms of terrestrial planning.

Amendment  31

Proposal for a directive

Article 3 – paragraph 1 – point 2 a (new)

Text proposed by the Commission

Amendment

 

2a. 'Maritime spatial plans' means the plan or plans resulting from a public process for analysing and planning the spatial and temporal distribution of human activities in sea areas, so as to achieve economic, environmental and social objectives with a view to identifying the utilisation of maritime space for different sea uses.

Amendment  32

Proposal for a directive

Article 3 – paragraph 1 – point 2 b (new)

Text proposed by the Commission

Amendment

 

2b. 'Integrated coastal management strategies' means the formal and informal practices and/or strategies that aim at the integrated management of all policy processes affecting the coastal zone, addressing land-sea interactions of coastal activities in a coordinated way with a view to ensuring the sustainable development of coastal and marine areas; such strategies ensure that management or development decisions are taken coherently across sectors.

Amendment 33

Proposal for a directive

Article 3 – point 3

Text proposed by the Commission

Amendment

3. ‘Marine region or sub-region’ means the marine regions and sub-regions referred to in Article 4 of Directive 2008/56/EC.

3. ‘Marine region or sub-region’ means the regions referred to in Article 4(1) of Directive 2008/56/EC and sub‑regions, which are appropriate sub‑divisions thereof, on the basis of which Member States may make their planning arrangements in accordance with the institutional and governance levels in place.

Justification

It would be advisable to ensure that sub‑regions correspond geographically with national governance bodies in order to limit red tape and prevent conflicts of jurisdiction.

Amendment  34

Proposal for a directive

Article 3 – point 7

Text proposed by the Commission

Amendment

7. ‘Good environmental status’ means the environmental status referred to in Article 3(5) of Directive 2008/56/EC.

7. ‘Good environmental status’ means the environmental status referred to in Article 3(5) of Directive 2008/56/EC, provided that the area affected by the human activities which may have some of the properties set out in Article 3(5)(b) of the aforementioned directive comprises both sea and land.

Justification

Clarification of the definition in Directive 2008/56/CE so that land‑based pollution can be taken into account.

Amendment  35

Proposal for a directive

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

1. Each Member State shall establish and implement a maritime spatial plan or plans and an integrated coastal management strategy or strategies. They may be prepared in separate documents.

1. Each Member State, together with the competent authorities, interest groups and individuals concerned, shall establish and implement a maritime spatial plan or plans and an integrated coastal management strategy or strategies; They may be prepared in separate documents.

Amendment  36

Proposal for a directive

Article 4 – paragraph 3

Text proposed by the Commission

Amendment

3. When establishing maritime spatial plans and integrated coastal management strategies, Member States shall give due regard to the particularities of the regions and the sub-regions, the respective sector activities, the marine waters and coastal zones concerned and potential climate change impacts.

3. When establishing maritime spatial plans and integrated coastal management strategies, Member States shall incorporate the particularities of the regions and the sub-regions, notably the outermost regions, the respective present and future sector activities, the marine waters and coastal zones concerned, their interface, and potential climate change impacts.

Amendment  37

Proposal for a directive

Article 5 – introductory part

Text proposed by the Commission

Amendment

Maritime spatial plans and integrated coastal management strategies shall apply an ecosystem-based approach to facilitate the co-existence and prevent conflicts between competing sector activities in marine waters and coastal zones, and shall aim to contribute to:

Maritime spatial plans and integrated coastal management strategies shall apply an ecosystem-based approach , which equally promotes all three pillars of sustainable development (environmental, social and economic), take account of land-sea interactions, and facilitate the co-existence and compatibility, and prevent conflicts over use, between competing sector activities in marine waters and coastal zones, and shall aim to contribute to the following EU objectives:

Amendment  38

Proposal for a directive

Article 5 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) securing the energy supply of the Union by promoting the development of marine energy sources, the development of new and renewable forms of energy, the interconnection of energy networks, and energy efficiency;

(a) securing the energy supply of the Union by promoting the development of marine energy sources, the development of new, alternative and renewable forms of energy, the interconnection of energy networks, and energy efficiency;

Amendment  39

Proposal for a directive

Article 5 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) promoting the development of maritime transport and providing efficient and cost-effective shipping routes across Europe, including port accessibility and transport safety;

(b) promoting the development of maritime transport, providing efficient and cost-effective shipping routes across Europe, including motorways of the sea, port accessibility and transport safety, connecting island regions and fostering land-sea interconnection;

Amendment  40

Proposal for a directive

Article 5 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) fostering the sustainable development and growth of the fisheries and aquaculture sector, including employment in fisheries and connected sectors;

(c) fostering the sustainable development and growth of, as well as investment in, the fisheries sector, covering both small-scale and industrial fisheries, and shellfishing and aquaculture sectors, and preserving areas highly dependent and traditionally based on these activities, promoting employment in fisheries and connected sectors;

Amendment  41

Proposal for a directive

Article 5 – paragraph 1 – point c a (new)

Text proposed by the Commission

Amendment

 

(ca) promoting the socioeconomic sustainability of maritime and coastal areas, protection of their historical and cultural heritage and the development of sustainable activities such as tourism, making it less seasonally dependent;

Amendment  42

Proposal for a directive

Article 5 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) ensuring the preservation, protection and improvement of the environment as well as the prudent and rational use of natural resources, notably in order to achieve good environmental status, halt the loss of biodiversity and degradation of ecosystem services and reduce marine pollution risks;

(d) ensuring the preservation, protection and improvement of the environment as well as the protection and rational, balanced and sustainable use of ecosystems and natural resources, notably in order to achieve good environmental status, halt the loss of biodiversity and degradation of ecosystem services and reduce marine pollution risks;

Amendment  43

Proposal for a directive

Article 5 – point e

Text proposed by the Commission

Amendment

(e) ensuring climate resilient coastal and marine areas.

(e) ensuring climate resilient coastal and marine areas, by attempting to predict what the potential geological, meteorological, biological, migratory and other consequences may be of climate change on such areas.

Amendment  44

Proposal for a directive

Article 5 – paragraph 1 – point e a (new)

Text proposed by the Commission

Amendment

 

(ea) enabling the coastguard services of the various Member States to cooperate with a view eventually to establishing a European coastguard corps.

Amendment  45

Proposal for a directive

Article 6 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) be mutually coordinated, provided they are not integrated;

(a) be mutually coordinated, provided they are not integrated, thereby ensuring the participation of interest groups and individuals in accordance with Article 9;

Amendment  46

Proposal for a directive

Article 6 – paragraph 2 – point a a (new)

Text proposed by the Commission

Amendment

 

(aa) be drawn up in cooperation with stakeholders, competent authorities and the public concerned.

Amendment  47

Proposal for a directive

Article 6 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) ensure effective trans-boundary cooperation between Member States, and between national authorities and stakeholders of the relevant sector policies;

(b) ensure effective trans-boundary cooperation between Member States, and between the relevant authorities, including individuals and stakeholders of the relevant sector policies, in accordance with Article 12, and shall include citing the structures and networks which need to be created or optimised;

Amendment  48

Proposal for a directive

Article 6 – paragraph 2 – point c

Text proposed by the Commission

Amendment

(c) identify the trans-boundary effects of maritime spatial plans and integrated coastal management strategies on the marine waters and coastal zones under the sovereignty or jurisdiction of third countries in the same marine region or sub-region and related coastal zones and deal with them in cooperation with the competent authorities of these countries in accordance with Articles 12 and 13;

(c) identify the trans-boundary effects of maritime spatial plans, maritime security activities and integrated coastal management strategies on the marine waters and coastal zones under the sovereignty or jurisdiction of third countries in the same marine region or sub-region and related coastal zones and deal with them in cooperation with the competent authorities of these countries in accordance with Articles 12 and 13;

Amendment  49

Proposal for a directive

Article 7 – paragraph 1

Text proposed by the Commission

Amendment

1. Maritime spatial plans shall contain at least a mapping of marine waters which identifies the actual and potential spatial and temporal distribution of all relevant maritime activities in order to achieve the objectives as set out in Article 5.

1. In order to achieve the objectives as set out in Article 5, maritime spatial plans shall contain at least a mapping of marine waters and the land‑sea interface which identifies the actual and potential spatial and temporal distribution of all relevant uses and human activities.

Amendment  50

Proposal for a directive

Article 7 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a. In the interest of efficient and comprehensive maritime spatial planning, Member States shall take account of all the activities concerned, in accordance with their own competences. Member States shall therefore also endeavour to take account of the following activities (non‑exhaustive list):

 

(a) ore or aggregate extraction;

 

(b) refuge sites;

 

(c) maritime heritage;

 

(d) tourism and bathing sites;

 

(e) boating;

 

(f) discharge areas;

 

(g) areas liable to flooding;

 

(h) residential areas and urban centres;

 

(i) sites and infrastructure for the extraction of raw materials from the seabed;

 

(j) fish stock recovery areas;

Amendment  51

Proposal for a directive

Article 7 – paragraph 2 – point c

Text proposed by the Commission

Amendment

c) maritime transport routes;

(c) ports, maritime transport routes and other maritime transport infrastructures and works;

Amendment  52

Proposal for a directive

Article 7 – paragraph 2 – points e and f

Text proposed by the Commission

Amendment

(e) fishing areas;

(e) fishing, aquaculture, shellfishing and seaweed farming areas, and the potential for developing them;

(f) sea farming sites;

 

Amendment  53

Proposal for a directive

Article 8 – paragraph 2 – point d

Text proposed by the Commission

Amendment

(d) fishing and aquaculture;

(d) fishing, shellfishing and aquaculture;

Amendment  54

Proposal for a directive

Article 8 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a. In the interest of efficient and comprehensive integrated coastal zone management, Member States shall take account of all the activities concerned, in accordance with their own competences. Member States shall therefore also take account of the following activities (non‑exhaustive list):

 

(a) the development of boating infrastructure and activities;

 

(b) areas at risk of flooding;

 

(c) dredging and discharge areas;

 

(d) tourism, bathing and recreational activities;

 

(e) maritime heritage;

 

(f) the various functions of national coastguards, with a view eventually to establishing a European coastguard corps.

Amendment  55

Proposal for a directive

Article 9 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall establish means for the public participation of all interested parties at an early stage in the development of maritime spatial plans and integrated coastal management strategies.

1. Member States shall establish means for consulting all interested parties, including interest groups and the general public, throughout the procedure for the development of maritime spatial plans and integrated coastal management strategies.

Amendment  56

Proposal for a directive

Article 9 – paragraph 2

Text proposed by the Commission

Amendment

2. Public participation shall ensure that the relevant stakeholders and authorities and the public concerned are consulted on the draft plans and strategies and have access to the results once available.

2. Public participation shall ensure that the relevant stakeholders and authorities and the interest groups and members of the public concerned, including the RACs, are informed and take part in the consultation process on the draft plans and strategies in good time and have access to the corresponding results once available.

Amendment  57

Proposal for a directive

Article 9 – paragraph 3

Text proposed by the Commission

Amendment

3. When establishing means of public consultation, Member States shall act in accordance with relevant provisions in other Union legislation.

(Does not affect English version.)

Amendment  58

Proposal for a directive

Article 10 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall organise the collection of the best available data and the exchange of information necessary for maritime spatial plans and integrated coastal management strategies.

1. Member States shall organise the collection of the best and most recent available data and the exchange of information necessary for maritime spatial plans and integrated coastal management strategies, with the assistance of the European Fisheries Control Agency and environmental or other agencies which may have relevant information.

Amendment  59

Proposal for a directive

Article 12 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) a dedicated network of Member States’ competent authorities covering the marine region and/or sub-region concerned.

(b) a dedicated network of Member States’ competent authorities covering the coastal zone, marine region and/or sub-region concerned.

Amendment  60

Proposal for a directive

Article 13 – paragraph 1

Text proposed by the Commission

Amendment

Member States bordering a coastal zone or maritime area of a third country shall make every effort to coordinate their maritime spatial plans and integrated coastal management strategies with that third country in the marine region or sub-region and the related coastal zone concerned.

Member States bordering a coastal zone or maritime area of a third country shall, in drawing up their maritime spatial plans and integrated coastal management strategies, bear in mind similar plans and strategies adopted by that third country in the marine region or sub-region and the related coastal zone concerned, so as to prevent disputes, through cooperation initiatives that are duly encouraged and supported by the EU.

 

The Commission shall actively support dialogue with third countries so as to ensure alignment between the abovementioned plans and strategies.

Amendment  61

Proposal for a directive

Article 15 – paragraph 3

Text proposed by the Commission

Amendment

3. The Commission shall submit a progress report to the European Parliament and Council outlining the progress made in implementing this Directive.

3. The Commission shall, no later than two years after the publication of this Directive in the Official Journal of the European Union, submit a progress report to the European Parliament and Council outlining the progress made in implementing it.

Amendment  62

Proposal for a directive

Article 16

Text proposed by the Commission

Amendment

Article 16

deleted

Implementing acts

 

1. The Commission may, by means of implementing acts, adopt provisions on:

 

(a) operational specifications for management of data referred in Article 10, provided they have not been established by other EU legislation, such as Directive 2007/2/EC or 2008/56/EC, on

 

– the sharing of data, and interfacing with existing data management and collection processes; and

 

(b) the operational steps for the establishment and reporting on maritime spatial plans and integrated coastal management strategies concerning:

 

– coherence of reporting obligations under this Directive with other relevant Union legislation;

 

– monitoring and revision cycles;

 

– cross-border co-operation modalities;

 

– public consultation.

 

2. The implementing acts referred to in paragraph 1 shall be adopted in accordance with the procedure referred to in Article 17(2).

 

Amendment  63

Proposal for a directive

Article 16 a (new)

Text proposed by the Commission

Amendment

 

Article 16a

 

Implementing acts

 

1. The Commission may, by means of implementing acts, adopt provisions on the stages in the process of drafting the reports referred to in Article 15 of this Directive.

 

2. The implementing acts referred to in paragraph 1 shall be adopted in accordance with the procedure provided for in Article 17(2).

Amendment  64

Proposal for a directive

Article 18 – paragraph 4

Text proposed by the Commission

Amendment

4. The maritime spatial plans and integrated coastal management strategies referred to in Article 4(1) shall be established within a period of 36 months after the entry into force of this Directive.

4. The maritime spatial plans and integrated coastal management strategies referred to in Article 4(1) shall be established within a period of 36 months after the entry into force of the legislative, regulatory and administrative provisions needed to comply with this Directive.

Amendment  65

Proposal for a directive

Annex 1 – point 5

Text proposed by the Commission

Amendment

(5) Regional or sub-regional coordination — a summary is required of the mechanisms established in order to ensure coordination between Member States where their waters are covered by this Directive and fall within the same marine region or sub-region.

(5) Regional or sub-regional coordination — a summary is required of the mechanisms established in order to ensure coordination between Member States where their waters are covered by this Directive and fall within the same coastal zone, marine region or sub-region.

PROCEDURE

Title

Maritime spatial planning and integrated coastal management

References

COM(2013)0133 – C7-0065/2013 – 2013/0074(COD)

Committee responsible

       Date announced in plenary

TRAN

15.4.2013

 

 

 

Opinion by

       Date announced in plenary

PECH

15.4.2013

Rapporteur

       Date appointed

Isabelle Thomas

9.4.2013

Discussed in committee

11.7.2013

5.9.2013

 

 

Date adopted

17.10.2013

 

 

 

Result of final vote

+:

–:

0:

19

2

0

Members present for the final vote

Kriton Arsenis, Chris Davies, Carmen Fraga Estévez, Pat the Cope Gallagher, Dolores García-Hierro Caraballo, Marek Józef Gróbarczyk, Iliana Malinova Iotova, Werner Kuhn, Isabella Lövin, Gabriel Mato Adrover, Guido Milana, Crescenzio Rivellini, Ulrike Rodust, Raül Romeva i Rueda, Struan Stevenson, Isabelle Thomas, Jarosław Leszek Wałęsa

Substitute(s) present for the final vote

Jim Higgins, George Lyon, Antolín Sánchez Presedo

Substitute(s) under Rule 187(2) present for the final vote

Maria Da Graça Carvalho, María Auxiliadora Correa Zamora, Francisco José Millán Mon, Bart Staes

PROCEDURE

Title

Maritime spatial planning and integrated coastal management

References

COM(2013)0133 – C7-0065/2013 – 2013/0074(COD)

Date submitted to Parliament

12.3.2013

 

 

 

Committee responsible

       Date announced in plenary

TRAN

15.4.2013

 

 

 

Committee(s) asked for opinion(s)

       Date announced in plenary

EMPL

15.4.2013

ENVI

15.4.2013

ITRE

15.4.2013

REGI

15.4.2013

 

AGRI

15.4.2013

PECH

15.4.2013

PETI

15.4.2013

 

Not delivering opinions

       Date of decision

EMPL

17.4.2013

ITRE

30.5.2013

REGI

29.5.2013

AGRI

10.4.2013

 

PETI

2.7.2013

 

 

 

Rapporteur(s)

       Date appointed

Gesine Meissner

19.3.2013

 

 

 

Discussed in committee

5.9.2013

 

 

 

Date adopted

5.11.2013

 

 

 

Result of final vote

+:

–:

0:

32

7

0

Members present for the final vote

Georges Bach, Izaskun Bilbao Barandica, Philip Bradbourn, Michael Cramer, Philippe De Backer, Luis de Grandes Pascual, Christine De Veyrac, Saïd El Khadraoui, Ismail Ertug, Knut Fleckenstein, Jacqueline Foster, Franco Frigo, Mathieu Grosch, Jim Higgins, Juozas Imbrasas, Dieter-Lebrecht Koch, Georgios Koumoutsakos, Werner Kuhn, Jörg Leichtfried, Gesine Meissner, Dominique Riquet, Petri Sarvamaa, Vilja Savisaar-Toomast, Olga Sehnalová, Brian Simpson, Keith Taylor, Giommaria Uggias, Peter van Dalen, Dominique Vlasto, Artur Zasada

Substitute(s) present for the final vote

Jean-Jacob Bicep, Spyros Danellis, Michel Dantin, Markus Ferber, Zita Gurmai, Bogdan Kazimierz Marcinkiewicz, Geoffrey Van Orden, Bernadette Vergnaud

Substitute(s) under Rule 187(2) present for the final vote

Traian Ungureanu

Date tabled

13.11.2013