sou · GWB348EN · 2009-01-01 00:00:00 — The decision created a number of traffic sepa- ration areas, including one south of . , the only Baltic Sea country not to support the application to the IMO, has been exempted from the decision, and areas under Russian juris- diction are hence not covered by the classification. Protective measures introduced are not compulsory for third-country . Rectifying this will require an amendment to the IMO decision making the protective measures compulsory. 1.4.3Regional conventions and organisations for the protection of the environment The Convention on the Protection of the of the Baltic Sea Area (the Convention) was originally established in 1974 and revised in 1992. This revision came into force in 2000. The convention is applicable to all Swedish sea areas apart from . All nine countries in the Baltic Sea area and the EU are party to the convention. A commission has been appointed to implement the convention (HELCOM). The aim is both to restore the environment in the Baltic Sea area and to pre- serve its ecological balance. The convention includes basic envi- ronmental principles such as the Precautionary Principle, the Pol- luter Pays Principle, the Best Available Techniques Principle and the Best Environmental Practice Principle. The HELCOM Baltic Sea Action Plan (BSAP) was adopted in 2007 and aims to achieve good environmental status in the Baltic by 2021. The action plan contains objectives and recommended measures regarding eutrophication, hazardous substances, biologi- cal diversity and . The Convention for the Protection of the of the North East (OSPAR Convention) was adopted in 1992 and entered into force in 1998. The convention covers the North East including the North Sea, and . There is an overlap between the and OSPAR conventions in that both are applicable in and the Belt Sea. A commission has been set up to implement the convention. Par- ties to the convention shall work to prevent pollution of the sea and take necessary measures to protect the environment. Human health shall be protected and ecosystems preserved and reestablished in cases where they have been damaged. The con- vention is built on modern environmental principles such as the Precautionary Principle and the Polluter Pays Principle and on the principles of promoting the use of best available techniques and best environmental practice. The Convention on Environmental Impact Assessment in a Trans- boundary Context (the ESPOO Convention) is a regional envi- ronmental protection convention for Europe, and the . The aim of the convention is to prevent transbound- ary environmental impact through international cooperation. Under the convention, neighbouring countries and the general public must be informed about planned activities that may cause environmental impact. The convention, drawn up within the UN Economic Commission for Europe (UNECE), was signed in 1991 and entered into force in 1997. () supports and coordinates research in the North , including the North Sea and Baltic Sea. ICES was formed in 1902, but is today based on a convention adopted in 1964. Its most important task is to function as a scientific advisory body in issues concerning the size and development of commercial fish stocks. 1.4.4EC legislation governing the environment The EU Water Framework Directive The EU Water Framework Directive6 was adopted in 2000. The purpose of the Directive is to establish a framework for the pro- tection of inland surface waters, transitional waters, waters and groundwater. The end objective of the directive is to achieve good status in the various water types by 2015. There are however rules enabling this date to be postponed. 6 Directive 2000/60/EC of Parliament and of 2000 establishing a framework for Community action in the field of water policy. As a result of the EU Water Framework Directive, has been divided into five water districts (Figure 1.6). EU (MSD) The purpose of the EU (MSD) is to develop a cohesive EU policy for environment protection. The directive is expected to be adopted by Parlia- ment and the Council during 2008.7 The overarching aim of the directive is to achieve good environmental status within the EU by 2020 at the latest. According to the draft directive, regions shall be established as management units for implementa- tion. The Baltic Sea and North Sea (including and ) constitute regions in accordance with this clas- sification. Under the directive, pilot projects can be created to enable action programmes for areas in need of emergency measures to be established more quickly and to implement stricter protective measures. 7 A consolidated text of a directive of Parliament and the Council (2008/.../EC) establishing a framework for community action in the field of environmental policy, . European Parliament P6-TA-PROV(2007)0595. Figure 1.6 The map shows the division into water districts European nature conservation directives The Birds Directive8 and the Habitats Directive9 contain rules on the of protective areas for flora and fauna of com- munity interest, known as Natura 2000 sites. A European Court of (ECJ) judgement of 2005 established that these directives are also applicable in the economic zone, something which had previously been a source of some contention. The Common Fisheries Policy (CFP) Commercial fishing is mainly regulated by the EU Common Fish- eries Policy. The aim of the Common Fisheries Policy according to the applicable regulation is to provide the conditions for sustain- able exploitation of the living aquatic resources. EC fisheries regu- lations are directly applicable in legislation. Member States may restrict their own fishing activities and those of other countries in their own territorial waters in order to minimise the impact of fishing on ecosystems. Decisions on fish quotas are taken by the Member States on the ministerial level, although often based on aspects other than the overarching aim of ensuring sustainable exploitation of fish stocks. Internal waters, territorial sea and economic zone Legislation on the borders between internal waters and territorial sea and the economic zone constitutes the basis of other legislation and its application in the sea area. territorial waters, which consist of internal waters and territorial offshore waters, are defined in the Act (1966:374) concerning the Territorial Waters of (Figure 1.7). The baseline is the legal border that separates internal waters from the territorial sea. The baseline is basically the same as the shoreline in those cases where the coast is straight and there are no . In cases where the coast is irregular and there are archipelagos, which is generally the case in , the baseline 8Council directive 79/409/EEC of on the conservation of wild birds. 9Council directive 92/43/EEC of 21 1992 on the conservation of natural habitats and of wild fauna and flora. is instead constituted by straight lines between headlands and fringe . The territorial sea stretches 12 nautical miles out from the baseline, except in cases where the distance to another country is so small that the border is instead regulated by agree- ments with that other country. established its economic zone in 1993 through the Swedish Exclusive Economic (1992:1140) (Figure 1.7). cannot exercise its right to a 200- nautical mile economic zone in any sea area because the distance to the coastlines of other countries never exceeds 400 nautical miles. The outer border of economic zone is normally consti- tuted by a line half way between the territorial sea frontiers of and adjacent countries. sea area is divided into municipalities and counties up to the border between the territorial sea and the economic zone. Environmental legislation relevant to the environment The same environmental provisions generally apply to land as to sea. The most important pieces of legislation are the Environmental Code and the Planning and Act. The Swedish Exclusive Economic applies to economic zone. The leg- islation contains rules pertaining to the protection of the environment and the exploitation of natural resources as well as rules on permit procedures and environmental impact assessments (). The Shelf Act (1966:314) regulates exploration of the shelf and the exploitation of natural resources on it. Fishing in Swedish waters are largely regulated by EC law, sup- plemented on the national level by the Swedish Fisheries Act (1993:787). Figure 1.7 The map shows territorial waters, consisting of internal waters within the baseline and the territorial sea outside it. The area outside territorial waters makes up exclusive economic zone The Swedish Parliament, the Riksdag, has established 16 environ- mental quality objectives and 72 interim targets to steer environment efforts. The first parliamentary decision on the envi- ronmental quality objectives was taken in 1999. The overarching aim is to solve the major environmental problems within one gen- eration. This generation target has been interpreted as all the important measures to achieve the environmental quality objectives having been implemented by 2020. The environmental quality objectives that primarily concern the environment are: A Balanced , Sustainable Areas and Archipelagos; Zero Eutrophication; and A Non-Toxic Environ- ment. The Reduced Climate Impact and of Plant and Animal Life objectives are also important for the envi- ronment. The environmental quality objectives are evaluated every four years. The latest evaluation was presented in 2008. 1.5The difficulties society faces in dealing with environmental problems The Baltic Sea and North Sea are among the most heavily regulated sea areas in the world as regards protection of the environ- ment. Regulation of these environments began much earlier than the regulation of other regional seas. Most known sources of environmental problems in the environment have been regulated through international agreements. Despite this, the situation in the environment is currently very serious. The relevant national legislation in different countries varies both in scope and level of ambition. It also requires varying degrees of commitment from the countries involved. Several regulations are of a more binding nature within the framework of e.g. the UNCLOS Convention, whilst others are made up of non-binding interna- tional agreements and recommendations. The primary function of these types of international agreements is perhaps to increase focus on a particular issue nationally, in order to coordinate national efforts and to promote cooperation within a specific area. HELCOM and OSPAR are examples of cooperation projects in which the aims of environment efforts have been jointly formulated. These aims are not binding but the symbolic significance of agreements and recommendations like these should not be underestimated. In order to improve the state of the environment, laws, agreements and recommendations must be appropriately opera- tionalised in order to be converted into suitable action. The general goal-driven management principles that currently pervade present- day public administration can cause difficulties when implementing policies. Objectives, interim targets and measures can be formu- lated more or less clearly in such a way as they entail very different degrees of commitment. For several reasons, they therefore risk being watered down along the way when measures are developed and benchmarks established on different societal levels and within different sectors. In particular, Baltic Sea countries have different legal and basic traditions, causing them to attach varying degrees of significance and weight to the goal-driven principles. Countries also have different interests as regards the environment, putting the issue of commitment and funding constantly on the agenda. Objectives and measures can become watered down as a result of political will to prioritise other issues or a total lack of such a will. It may also be the result of political controversies. It may also be caused by an obvious lack of resources, organisational difficulties, governance problems or poor communication. It may also depend on the power exercised by individual politicians or officials over the agenda within parties and organisations. The fol- lowing section discusses problems that can be related to political action in the environment issue. Factors relating to the action of public administrations and those who exploit the sea are however not discussed but are highlighted in several respects in the other chapters of the report, only some of which are included in this abridged English version. 1.5.1Achieving international agreements and regulations at the political level History shows that it is very difficult to achieve powerful regula- tions for the environment on the national, regional and international level. Scientists and non-governmental organisations (NGOs) have often criticised countries for failing to agree on sus- tainable strategies and measures and on quotas and other types of restrictions within the framework of existing conventions. principle of the lowest common denominator usually determines the strength of the convention, i.e. the negotiating parties ulti- agree that the lowest ambitions will steer proceedings. The advantages and disadvantages of binding versus non- binding undertakings and the effect these factors have on imple- mentation are often discussed in this context. By their very nature, binding conventions are difficult to achieve. Binding agreements through e.g. the UN (certain parts of the UNCLOS Convention) and the EU (e.g. the Common Fisheries Policy) have been institu- tionalised for decades and have very extensive organisations and strong negotiating mandates. This arrangement has clear disadvan- tages, however. In the case of the UNCLOS Convention, it is a question of difficulties in linking the principles of the convention to its implementation by signatory countries. Furthermore, goal achievement is often difficult to determine. Regarding the Com- mon European Fisheries Policy, binding undertakings and supra- nationality have forced member states to follow a regulatory framework that has not been modified as fish resources have dwindled in several sea areas. The fact that HELCOM cooperation operates on the basis of agreements and recommendations must be seen as a natural struc- ture for a regional convention. This does not mean however that countries behind a regional convention cannot work to make it more powerful in the long run. The OSPAR Convention, for example, has some binding mechanisms, though with some condi- tions attached. Through special procedures, it is possible to deviate from the conventions more binding principles by the party in question clearly disclaiming the relevant undertakings. It is how- ever very conspicuous when a country deviates from agreements in this way. This type of mechanism is therefore deemed to have a stronger normative effect than non-binding agreements (such are those which form the basis of the Convention). Conventions of a non-binding nature can however have several benefits from a tactical and strategic point of view. has no explicit interest in entering into binding agreements with EU countries, which is why a convention of a more binding nature would probably create problems and make relations with the Rus- sian counterpart in the cooperation more difficult. Countries may well have the ambition to live up to what they have agreed within the framework of the convention, but for various reasons do not manage to do so. If countries could be fined or in some other way punished for poor goal achievement, many would simply choose not to be party to such conventions thereby being even less likely to attain any set goals. It is therefore reasonable to assume that many of todays conventions would not have existed if they had been of a more binding nature. It should at the same time be pointed out that there are no spe- cific criteria for what characterises binding and non-binding con- ventions respectively. Most conventions can be found in various grey areas in-between. It is ultimately a question of the fact that the opportunities and powers an organisation has to exert pressure on countries (to live up to the criteria established as a result of the convention) vary. 1.5.2Underlying political causes of environmental problems Political logic means that short-term measures promising rapid results are often prioritised. For example, it should be deemed very important from an environmental standpoint to initiate long-term measures to reduce nutrient levels in sea areas. Pumping large amounts of money year after year into a programme that stretches over twenty or thirty years and which does not provide any visible results until much later on contradicts conventional political logic. In an international context, political will and the power to act must only be seen as important basic prerequisites for initiating political change. Cooperating with other countries also requires diplomacy, tactics and preferably a consensus on home turf. How well fairs in such contexts varies, according to researchers, irrespective of the fact that the country is deemed to have a widespread consen- sus culture. The hesitant approach often taken by Swedes to EU cooperation has often been considered a difficulty at international negotiations as this leads to unclear national positions. Political interests and preferences of different countries The sea is a common resource under considerable pressure. The theory of the tragedy of the commons is often used to show the effects of poor cooperation in relation to a free resource, which is seen by those who exploit it as unlimited. The phenomenon is built on a country acting rationally based on its own horizon. Countries bordering on a sea area therefore have a common problem but their interests are still different. They are hence tempted to put their own interest before that of the common good since efforts are often very costly. This kind of logic risks depleting resources and in the long term causing entire ecosystems to collapse. There are several explanation models as to why the political courses of action differ. Classic foreign policy focuses on the countries preferences and interests as the determining factors for the policy pursued. When cooperating, a realistic picture of the different countries positions is required. As regards the environment, the interests of countries are based on both geographical and economic factors. It should be pointed out however that countries can create opportunities for long-term, sustainable and relatively broad coop- eration through confidence-building efforts. The amount of coastline in each country must be seen in this context as potentially being of crucial importance for the countries negotiating positions. At the coast, people come into direct contact with the sea through bathing areas, shoreline development, boating and other sea transport. This contact helps to create awareness and shape opinions, which can influence political actions in the long run. The longer the coastline a country has, the greater the interest should be in conserving the resources. The Swedish coastline is considerably longer than that of other countries around the Baltic. In several of the other Baltic Sea countries, such as and , contact with the sea is limited for large sections of the population. The countries also have different economic prerequisites for cooperation, especially when it comes to costly investments. The states around the Baltic can be divided into two groups; those who are well placed economically and technically to invest in protection of the environment and those whose economies are developing after many years of neglect. What nevertheless con- nects these states is their membership in the EU and the fact that they are party to most of the relevant environmental conventions. The exception is , which is outside both the EU and several international agreements covering the Baltic Seas environment. Most researchers agree that it is possible to predict political decision-making to quite a considerable extent, even in interna- tional contexts. The abovementioned aspects, the countrys relative economic significance and its geographical position are thought to influence the actors, providing them with a ready-made negotiating position even before they start. Furthermore, previous actions by countries naturally provide important clues as regards the choices we expect them to make in the future. According to this rational perspective, it is possible to predict to a certain extent how coun- tries are likely to act in the future.10 Uncertainty factors in decision-making processes Strategic and institutional uncertainty in decision-making proc- esses is another factor that is relevant to highlight in order to iden- tify political difficulties when trying to rectify problems in the environment.11 Strategic uncertainties occur as a result of many actors being involved in the process, which often leads to differences in and conflict over strategies. This causes stagnation in debates and seldom leads to unexpected results. The institutional uncertainty factor is thought to depend on decisions being taken in different arenas where actors from different networks participate. The institutional context is therefore fragmented, and complex debates on the same subject areas often take place in several arenas simultaneously. This is seen as typical for decision-making proc- esses where many countries are involved and where the subject area spans several sectors. The outcomes of decision-making processes can therefore depend on both the countries strategic considerations and uncer- tainty factors. A country does not always recognise its relative position of strength in a negotiating situation, and even if the posi- tions are clear, it is not certain that the parties can agree on specific standpoints or measures in the negotiation. Neither does the fact that countries are still often able to cooperate always spell the end 10See for example Dixit & Nalebuff (1991) Thinking strategically: the competitive edge in business, politics and everyday life. W W , . 11van Bueren, Klijn & Koppenjan (2003) Dealing with wicked problems in networks: analyzing an environmental debate from a network perspective. , April 2003:13. of the problem. Countries levels of action and ambition can instead be affected. An apparently common standpoint can for example be interpreted and implemented in different ways, depending on the national context. We should add that there are many special interests and opinions within a country which can influence its position and that it is therefore too simplistic to claim that countries merely have interests. A countrys foreign policy can instead often be described as the result of a game in the national arena. The model of limited rationality exemplified above has been given ever-greater credence in recent years. Interests, actor con- stellations and other prerequisites can however vary from one policy area to the next and it may therefore be wise to regard each area separately. The environment issue must, however, be seen as a clear-cut example of how geographical and economical aspects influence decision-making at several stages because of its transboundary nature and the very costly measures it requires. The special logic of European cooperation Extensive research is currently being performed into European integration and the mechanisms that drive it. There is a particularly strong focus on the influence of the Member States versus that of Commission and the supranational norms that hypothetically speaking should be developed as a result of the Commissions activities.