Marine Spatial Planning in the German Exclusive Economic Zone EEZ Legal Background, Current Status a

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Marine Spatial Planning in the German Exclusive
Economic Zone (EEZ)- Legal Background, Current
Status and Potential Conflicts of Interest -
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Spatial Planning in Germany in general

• Main goal co-ordination of uses
• Based on Raumordnungsgesetz (Federal Spatial
  Planning Act)
• guiding principle sustainable spatial
  development - social and economic demands need to
  be consistent with ecological functions

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Marine Spatial Planning in the EEZ

• Federal Spatial Planning Act was expanded to
  German EEZ in 2004
• ? responsibility of federal state
• task is to develop planning targets and
  principles for the EEZ in the framework of UNCLOS
  concerning
• economic and scientific activities,
• safety and efficiency of shipping
• protection of the marine environment

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The German EEZ

• Baltic Sea 4.500 km²

• North Sea 28.600 km²

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Marine Spatial Planning in the EEZ

• Federal Maritime and Hydrographic Agency (BSH) is
  responsible for the preparatory work (with
  consent of Federal Ministry of Transport,
  Building and Urban Affairs BMVBS)
• draft of the spatial plan
• strategic environmental assessment (includes an
  report in which the likely significant effects on
  the environment by implementing the plan are
  identified and evaluated)
• public participation (as well transboundary)
• to be implemented as a statutory ordinance by
  BMVBS

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Important Steps Towards Marine Spatial Planning
in the EEZ

• Preferred areas for wind farms in accordance with
  Art. 3a Offshore Installations Ordinance
  (Seeanlagenverordnung)
• Background "Strategy by the federal government
  for offshore windenergy in the framework of the
  strategy for sustainable development (2002)
• 3 areas designated by the end of 2005 (North
  of Borkum, Kriegers Flak, West off Adlergrund)
• Aim focussed development of offshore
  windfams in the licensing procedure with the
  effect of an anticipated expert opinion with
  regard to the choice of locations for
  installations
• to be taken over into the spatial plan as a
  priority area

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Marine Spatial Planning Regulation

• Restrictions apply due to United Nations
  Convention on the Law of the Sea (UNCLOS)
• uses that can be addressed
• shipping (partial)
• resource exploitation
• submarine cables and pipelines (partial)
• marine scientific research (partial)
• wind energy
• fishing (partial)
• protection of the marine environment

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Titel gemäß Inhaltsübersicht
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Marine Spatial Planning - Tools

• planning target (legally binding)
• planning principle (guideline that needs to be
  particularly considered in the decision process)
• priority areas (Vorranggebiete) reserved for a
  defined use, other conflicting uses are excluded
• reservation areas (Vorbehaltsgebiete) defined
  use with priority in this area
• suitable areas (Eignungsgebiete) area is
  suitable for defined uses, which are excluded
  outside these designated areas

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Starting Points for Marine Spatial Planning
Regulations

• Background
• Little experience with marine spatial planning
• lack of knowledge concerning some potentially
  important parameters
• Existing and licensed uses
• overall planning guideline shipping routes
  define basic structure of spatial plan

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Shipping Routes as the Basic Structure

• Important shipping relations in the North Sea as
  defined by the Waterways and Shipping
  Directorates

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Shipping Routes as the Basic Structure

• Definition of areas for shipping along the routes
  in combination with areas for other uses will
  eventually add up to final plan
• Here for example NATURA 2000 - areas and
  preferred areas for wind energy as specified in
  2005

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Conflict Resolutions

• Spatial separation of conflicting uses if
  possible
• Priority for certain uses in accordance with
  UNCLOS e.g. shipping
• definition of targets/principles to minimize
  conflicts
• For further questions please contact
  nico.nolte_at_bsh.de