sou · GWB348EN · 2009-01-01 00:00:00 — To the Swedish Minister for the Environment, On 13 2006, the Swedish Government decided to appoint a one-man inquiry to investigate how research and environmental monitoring can be used to better effect to recreate a good environment in the Baltic Sea and the and areas of the North Sea. Director-General was appointed to lead the inquiry on the same day. On 16 2007, the Government adopted supplementary terms of reference for the inquiry relating to issues such as international management of the Baltic Sea and the planning of Swedish sea areas. The inquiry has called itself the . On , Desk Officer was appointed chief expert to the inquiry and , Deputy Director , Deputy Director , , , Chief of Staff and Desk Officer were appointed as additional experts. On 12 2007, Water Conservation Director , Director , Associate Professor and Professor were also appointed to the inquiry. On 15 2007, Investigator was also appointed. was appointed Principal Secretary on . (9 October 2006) and (16 2007) were appointed as inquiry secretaries. The interim report A (Official Government Report SOU 2006:112) was submitted in . I hereby submit the inquirys final report Better management of the environment, thereby completing my assignment. Implementation and working methods .................................. 1.2.1 Assignments to consultants and researchers .............. 1.2.2 Meetings with the expert group................................... 1.2.4 Visits to other countries............................................... 1.2.5 Other visits and meetings ............................................ 1.2.6 Consultation with other government inquiries/commissions.................................................. surrounding sea areas .............................................. 1.3.2 The sea as a resource..................................................... The regulatory framework....................................................... 1.4.1 International law of the sea.......................................... 1.4.2 Special rules governing the sea areas near ...... 1.4.3 Regional conventions and organisations for the protection of the environment........................ 1.4.4 EC legislation governing the environment..... The difficulties society faces in dealing with 1.5.1 Achieving international agreements and regulations at the political level ................................... 1.5.2 Underlying political causes of Perspectives on change ................................................. A fifteen-point strategy for the environment........ Intergovernmental cooperation on the environment and a Swedish authority................. The EU (MSD) ............................ 3.1.1 The objectives and purpose of the directive................ 3.1.2 regions and programmes of measures............. The implementation process ........................................ 3.1.4 Joint international management strategy .................... 3.1.5 Option of creating pilot projects under the EU (MSD)................................ Relation to other policy areas.................................................. 3.2.1 The principle of subsidiarity and the MSD ................. 3.2.2 Preparations prior to the MSD in other Baltic Sea 3.3A Swedish central authority responsible for implementing the EU (MSD) ..... The authoritys remit.................................................... Feasible competent authorities .................................... 3.3.4 A specific authority as competent ............................... 3.4 Cooperation between intergovernmental bodies and conventions to implement the MSD....................................... 3.4.1 Significance of intergovernmental environmental 3.4.2 HELCOM as an intergovernmental actor .................. 3.4.3 OSPAR as an intergovernmental actor ....................... Analysis and conclusions.............................................. 3.5The Baltic Sea as a pilot project for environment 3.5.1 ...............................The implications of a pilot project Financing of measures in the pilot project 3.6Swedish action plan for regional cooperation on the Baltic Sea environment ............................................................ Areas for common action............................................. Consideration of the environment in the European Common Fisheries Policy (CFP) .............. 3.6.3Consideration for the environment within Common Agricultural Policy (CAP) .............................................................. 3.6.4 Other areas for cooperation....................................... Analysis and conclusions ........................................... Funding and consequences.................................................... Planning of Swedish sea areas................................... Legislation of relevance for spatial planning............ 4.1.1 Application of the Environmental Code in sea 4.1.2 The application of the Planning and Act in sea areas................................................................... 4.1.3 The Shelf Act......................................... A planning system for Swedish sea areas.............................. Analysis and conclusions ........................................... 4.3A government authority competent for spatial 4.3.2 Responsibilities of authorities in the sea area ........... 4.3.3 The competent authority for spatial Analysis and conclusions ........................................... 4.3.5 Instructions for , 4.4 Regional responsibility for spatial planning in the territorial sea and within the base-line .......................... 4.4.1 The present regional organisation for planning........ 4.4.2 Current spatial planning in the 4.4.3 Comprehensive plans as a tool for regional and 4.4.4 Responsibility as regards planning material .............. 4.5 Zoning as a tool in spatial planning .......................... Examples of zoning..................................................... Analysis and conclusions............................................ 4.6Marine spatial planning in neighbouring countries and 4.6.1 Regional cooperation on spatial planning..... 4.6.2 spatial planning in some neighbouring Implementation of Swedish spatial planning ........... Geographical areas with strong conflicting interests........... 4.8.1 National interests and other protected areas ............ 4.8.2 Geographical areas in which there is greatest risk of conflicts of interest................................................. Analysis and conclusions............................................ Funding and consequences .................................................... The was appointed by the Govern- ment in 2006 to look into ways in which Swedish environ- ment efforts can be improved nationally and together with other countries. The original terms of reference primarily involved knowledge-related issues. The Governments supplementary terms of reference extended the Inquirys assignment to also include issues concerning the management and planning of sea areas. Despite a large number of initiatives and international agree- ments, the environmental situation of the seas surrounding is far from acceptable. Warning reports on algal blooms and oxygen-deficient sea-beds occur almost every summer. The status of fish stocks is worse than ever. The enormous volume of in the Baltic Sea is accompanied by a considerable risk of a accident with extensive oil discharges as a result. The Inquiry considers that it is high time for a third-generation environmental policy. This third-generation environmental policy must entail a holistic approach and full integration of environmen- tal issues into all policy areas, stronger political leadership and, to a much greater extent, an international focus. With its long coast- lines and large sea areas, it is in interests to clearly pursue issues related to the Baltic Sea and /environ- ments. Intergovernmental management of the environment The EU (MSD), which is expected to be adopted in 2008, and HELCOMs Baltic Sea Action Plan (BSAP) provide the conditions for intergovernmental cooperation to improve the environment. The MSD will allow the designation of areas with particularly serious environmental conditions as pilot projects, which will mean bringing forward programmes of measures and enable stricter protective measures to be taken. The Inquiry proposes that take the initiative for deeper cooperation with neighbouring countries to implement the MSD. In the case of the Baltic Sea, implementation should take place in the framework of a pilot project and be coordinated by HELCOM. The point of departure should be the measures in the BSAP, but these need to be supplemented in several respects. should take action to promote a more extensive integration of environmental issues in EU agricultural, fisheries and regional policies than is the case today. A special challenge facing the pilot project will be sectoral integration. The countries of the Baltic Sea region should cooperate to achieve joint positions on these issues. should work to promote the of an inter- governmental fund in the framework of the pilot project to finance initiatives and other measures aimed at improving the Baltic Sea environment. The purpose of this fund is to contribute to better coordination of environment initiatives taken in the form of projects and of the environment-related investments made with the support of investment banks. It should also be pos- sible for the fund to provide support for developing ideas for envi- ronment investment projects that meet the requirements for loans from investment banks and grants from private foundations. HELCOM should administer this fund. should work towards ensuring that money from the EU structural fund pro- gramme Interreg III for the Baltic Sea region, and parts of the structural funds for the EU agricultural and fisheries policies, are channelled to this fund. The Government should draft an action plan for how will act in the EU and internationally on issues concerning the environment. The plan is to contain a timetable deter- mining when it is important to act in the context of various policy areas and organisations. The opportunities presented, for example, by Presidency of the EU in 2009 should be used to put the environment issue and the Baltic Sea problem on to agenda. should take action in good time before the evaluation of the EU fisheries policy in 2012. HELCOMs position as an intergovernmental actor for environment efforts in the Baltic Sea region needs to be strength- ened. should work to ensure that annual meetings are held between the countries environment ministers, and in the long- term even between the countries heads of state and government, to emphasise how important the environment issue is. A committee should be established in HELCOM to control compli- ance with the Convention and the BSAP, with the competence to deal with complaints from Member States, authorities and the general public in the entire Baltic Sea region. The Inquiry proposes that the Swedish Environmental Protec- tion Agency be appointed as the agency competent for implemen- tation of the MSD and for overall environment manage- ment in . Planning of Swedish environments Despite the many conflicting interests and environmental pro- blems, there is seldom any planning of environments cor- responding to the physical planning done for areas on land. The risk of conflict between various interests is particularly great in and archipelago areas close to metropolitan regions, on offshore banks and in connection with other countries claims on the use of exclusive economic zone. The Inquiry proposes the introduction of a new planning system for sea areas. This planning should be based on spatial plans similar to the comprehensive plans for land areas. These plans should however contain binding compo- nents in the form of fixed zones for use and protection. The eco- system approach should serve to guide the planning. These plans should comprise all open sea from the coast to the outer bor- der of exclusive economic zone. It is proposed that responsibility for drafting plans in Swedish territory lie at regional level. Since still lacks a uniform system for a regional level of government, it is proposed that existing regional bodies, i.e., regional pilot projects, regional cooperation bodies and regional development planning associations, be responsible for implementing regional planning until further notice. In formal terms, this proposal means limiting the planning responsi- bility of primary municipalities. In practice, the consequences for the municipalities are expected to be marginal since most of them do not conduct any planning of the open sea. part in regional planning, which is proposed in the Inquiry, muni- cipal influence over open seas may increase instead. Central government should have overall responsibility for planning throughout entire sea area. The exclusive economic zone is an area in which , as a state, has certain rights, but where account must also be taken of other states rights, for example, to navigate their ships through or lay submarine cables. Planning of the exclusive economic zone must be based on these conditions. exclusive economic zone is not divided by county or municipality. The Inquiry therefore considers that central government should assume responsibility for planning the exclusive economic zone. Such a solution will also improve the of cooperation with other countries with regard to planning activities affecting several countries exclusive economic zones. The Inquiry proposes that , and Planning be given overall responsibility for planning sea areas, and specific responsibility for planning the exclusive economic zone. This responsibility will include reviewing regional plans against certain criteria and having a super- visory function with regard to regional planning. The activities of , and Planning will need to be changed in important respects because of this new assignment. Many other central government authorities will also need to parti- cipate, particularly in providing planning material. The Inquirys proposals should be seen as a model for how to design a planning system. When the principles of the planning system have been established, the Government should appoint a legislation and implementation inquiry to make a detailed exami- nation of legislation and responsibility issues. The relevant legisla- tion includes the Planning and Act, the Environmental Code, the Shelf Act, the Swedish Exclusive Economic , and the Local Government Act. How responsibility inside the baseline is to be divided between the municipal and regional levels should also be examined. The attention of the has been drawn to the fact that there are several ambiguities in the admi- nistrative and legal boundaries applying to the sea. The baseline system and the various boundaries for jurisdiction need to be reviewed in order to give them the precision made possible by modern technology. Knowledge to support management responsibility for control and coordination of environmental monitoring and other regular surveys needs to be clarified and strengthened. This should be done by extending the rights of the Agency to issue regulations on environmental monitoring, especially with regard to the state of the environment. To strengthen coordination of Swedish environment efforts, the Inquiry proposes the establish- ment of a new environment council linked to the . It is proposed that the new council replace the present and todays . The new environment coun- cil should also be tasked with coordinating authorities work on monitoring and surveying. The task of the environment council should be to coor- dinate issues where there is no clear division of labour under the legislation and appropriation directions, and to bring issues requi- ring its participation or taking a decision to the Governments attention. A broad composition of members and experts in the council will provide the conditions for a dialogue between central government, the business sector and NGOs on issues related to the environment. The responsibility of county administrative boards for informa- tion in environmental emergencies should be clarified. The information centres at the county administrative boards in the counties of , and , run under the auspices of the , fulfil an important function. However, by including this task in their instructions, county administrative boards should take over responsibility for these activities as a whole. This will improve conditions for developing these activities, and for coordination between county administrative boards. To be able to carry out vigorous measures for monitoring and surveying under the Water Framework Directive, a uniform orga- nisation is required with a clear division of responsibilities between different levels. Todays structure with five water authorities belonging to county administrative board organisations and lacking formal coordination presents a confusing picture vis-à-vis the sur- rounding world. It also risks leading to inefficiency in implementa- tion. Because of this, the Inquiry proposes a review of the way in which water management is organised as soon as possible and no later than the presentation of the first stages of the management plans and programmes of measures in 2009. Even now, the should be given clear responsi- bility for coordination of water management at the national level. It should also be responsible for coordinating water manage- ment with management. It is proposed that cal Institute be given clearer responsibility for providing data to the water authorities. Monitoring the water environment is an important part of implementing the Water Framework Directive. Water authorities in are to ensure that a monitoring programme is establi- shed, but who is to implement and finance these programmes in practice is not made clear in the legislation. Based on the polluter pays principle, and on requirements for cost recovery under the Water Framework Directive, the operator should be responsible for controlling and monitoring the water reserves affected by its operations. The Inquiry proposes that provisions on the responsi- bility of the operator for monitoring the water environment be included in the Environmental Code. It is proposed to give the water authorities legal authority to order operators to take part in, or finance, monitoring programmes. To achieve full cost recovery, the Government should examine how water charges can be used to supplement the proposed amendments to the regulations. Water charges are probably a pre-condition so that smaller operations, such as private sewers and non-point pollution sources can also be included. The need for information about depth, the state of the seabed, and the prevalence and extent of habitats and species is enormous. Detailed information is particularly required to imple- ment the proposed plan and to establish reserves. The Inquiry proposes that a national programme for surveying the landscape be implemented over a five-year period. The programme should be led by the Swedish Environmental Protec- tion Agency and implemented primarily in cooperation with the , the Geological Survey of and the . Strategic research initiatives are also needed in terms of exten- sive, comprehensive research programmes targeted at the environment to raise the level of knowledge and to support the environmental work of authorities and other actors. As part of future efforts for research, the Government should allocate million per year over a five-year period to research in the following areas: -Research on complex interactions and processes, particularly the ecosystems structure and function, the turnover and transport of substances, and interaction effects. -Research to support decision-making and management, particu- larly policy instruments, joint management and models suppor- ting decisions. -Research on measures and environmental recovery, particularly ecosystem impacts, time aspects, cost-efficiency and acceptance of measures. -Research to support environmental monitoring and analysis of environmental data, particularly the development of program- mes, methods and techniques, analysis of environmental moni- toring data and new environmental threats. Those financing research should also be assigned the task of fun- ding new research posts in the field of environmental analysis and new doctoral and research posts in social science research focused on the environment. The Government should take the ini- tiative to evaluate Swedish environment research in the next two years. There is a great need of scientific and interdisciplinary syntheses in all areas involving the environment. Synthesis efforts must therefore be strengthened, both nationally and interna- tionally. An international scientific environment panel for the Baltic Sea should be established as part of advanced intergovernmental work to improve the Baltic Sea environment. The task of this panel should be to synthesise research and develop scenarios and models to support the solution of environ- mental problems. This panel should be linked with HELCOM. Researchers at Swedish universities and other higher education institutions should take part more extensively in the international working groups of HELCOM, OSPAR, ICES and other organisa- tions. The Inquiry proposes that the Swedish Environmental Pro- tection Agency and fund researcher participation. Swedish researchers should also be given greater opportunities to conduct research that entails synthesis of research and survey results. As part of developing a sustainable fishing sector, the produc- tion of selective fishing equipment and development of low-impact methods of fishing should be intensified. It is proposed to give this task. Professional fishermens knowledge about the environment and ecology needs to be improved. The Inquiry proposes that a comp- leted, certified training in environment and ecology be required in order to obtain a professional fishing licence. The shorter courses for professional fishermen organised on both the east and provide a good basis for developing a certified course in environment and ecology. These courses should continue to be supported by . The programme spe- cialising in fisheries given at should include elements that meet the certification requirements. The increased use of resources leads to a greater need for in-depth information on areas. Efficient management of the environment and successful research require not only information on the environment but also access to a consi- derable amount of other information, for example, about drainage areas, , size of population and climate. Secrecy surrounding detailed information concerning depth and the state of the seabed is seen as a major problem by authorities and researchers working on environmental issues. In the opinion of the Inquiry, there is no reason to retain general secrecy applying to information involving depth and the state of the sea- bed. The Inquiry therefore proposes that a review be made of legislation concerning the protection of landscape information as soon as possible. The point of departure for this review should be that data on depth is to be freely accessible to as great an extent as possible. When formulating new legislation, account must be taken of various factors, such as the climate and environment, as well as military threats. Consideration must also be given to technological developments that now make it easy for private people to measure depth. A further barrier to free access to data is the fees charged by several authorities. The system involving fees for data leads, for example, to certain authorities and municipalities not having access to the data that they need in their work.