Amended Proposal for a European Parliament and Council recommendation concerning the implementation of Integrated Coastal Zone Management in Europe (presented by the Commission pursuant to Article 250(2) of the EC Treaty)
Date: 2001-09-25
Institutions: European Commission
Subjects: coastal region, environmental protection, integrated development programme, sustainable development, town and country planning

EN

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 25.9.2001
COM(2001) 533 final

2000/0227(COD)

Amended Proposal for a

EUROPEAN PARLIAMENT AND COUNCIL RECOMMENDATION

concerning the implementation of Integrated Coastal Zone Management in Europe

(presented by the Commission pursuant to Article 250(2)
of the EC Treaty)

2000/0227(COD)

Amended Proposal for a

EUROPEAN PARLIAMENT AND COUNCIL RECOMMENDATION

concerning the implementation of Integrated Coastal Zone Management in Europe 

On 5 July, 2001, the European Parliament voted in first reading on the amendments tabled on
the Commission proposal for a European Parliament and Council Recommendation
concerning the implementation of Integrated Coastal Zone Management in Europe
(COM/2000/545 of 8 Sept. 2000).

Article 250(2) of the EC Treaty states that as long as the Council has not acted, the
Commission may alter its proposal at any time during the procedures leading to the adoption
of a Community act.

The Commission hereafter gives its opinion on the amendments adopted by the European
Parliament.

1.

BACKGROUND

Transmission of the proposal to the Council and to the 
European Parliament (COM(2000)545 – 2000/0227(COD) in accordance with 
Article 175(1) of the EC Treaty

8 September, 2000

Opinion of the Committee of the Regions

14 February, 2001

Opinion of the Economic and Social Committee

28 March, 2001

2.

OBJECTIVE OF THE COMMISSION PROPOSAL

The purpose of this proposal is to encourage Member States to undertake a national inventory
of legislation, institutions and actors involved in the planning and management of the coastal
zone,  and  based  on  this,  to  develop  a  national  strategy  (or  strategies)  to  promote  Integrated
Coastal Zone Management (ICZM).

This  proposal  was  made  in  light  of  the  findings  of  the  Commission's  Demonstration
Programme on Integrated Coastal Zone Management and its resultant European Strategy for
ICZM, presented in COM/2000/547.  These indicated that the condition of the coastal zones
of Europe is deteriorating and that this trend can only be halted or reversed through concerted
action involving all levels  of  administration from local to European.   The  Recommendation
calls on Member States to undertake the actions necessary at their level, in collaboration with
the regional and local administrations.

COMMISSION  OPINION  ON  THE  AMENDMENTS  ADOPTED  BY  THE

3.
EUROPEAN PARLIAMENT

On  5  July,  2001,  the  European  Parliament  adopted  41  amendments  out  of  the  47  that  were
tabled.

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Amendments 1, 3, 4, 5, 6, 7, 8, 10, 13, 15, 19, 21, 22, 23, 26, 27, 28, 46, 31, 37, 38, 39, and 40
have been accepted by the Commission in full. 

Amendments 2, 14, 17 (title and 1st part), 20 (except for the word "binding), 24, 25 (except for
the word "spatial"), 29 (last clause of 1st part, 3rd part), 32 (2nd part), 36 and 42 (2nd part - after
comma) were  accepted in principle subject  to either rewording  and/or movement to another
Chapter of the proposal.

The  Commission  accepted  partially  amendments  11  (2nd  part),  17  (3rd  part  and  4th  part,
including the reordering proposed), 29 (2nd part), 32 (1st part except word "shall"), 33 (2nd and
3rd parts), 34 (2nd part), 42 (1st part - up to comma), and 43 (1st part - up to and including the
word "report") were accepted

Amendments 12, 16, 18, 35 were not accepted by the Commission.

The Commission's position with regard to the amendments of the European Parliament is as
follows:

3.1

Amendments accepted fully by the Commission

Amendment  1  (Recital  1)  reorders  the  adjectives  listing  the  characteristics  of  the  coast  to
stress  its  environmental  importance  and  inserts  a  mention  of  its  recreational  importance.
Amendment  3  (Recital  2)  itemizes  some  of  the  ways  in  which  the  coast  continues  to  be
degraded.  Amendment 4 (Recital 2a - new) introduces a mention of the threats posed to the
coastal  zone  as  a  result  of  global  warming.    Amendment  5  (Recital  2b  -  new)  notes  the
significance  of  the  decline of  fishing  activity  and  related  employment  in  terms  of  increased
vulnerability  of  fisheries-dependent  areas.   Amendment  6  (Recital  2c  -  new)  mentions  the
threat to environmental equilibrium poses by population  growth and development of  certain
economic  activities.    Amendment  7  (Recital  2d  -  new)  stresses  the  link  between  climate
change  and  problems  in  the  coastal  zone.    Amendment  8  (Recital  2e  -  new)  mentions  the
role of spatial planning policy as an aspect of ICZM.  Amendment 10 (Recital 3) mentions
the need for  management of the  coastal zones  to  also  respect  traditional  local  activities  and
customs.  Amendment 13 (Recital 4b - new) stresses the importance of regional disparities
in affecting the management and conservation of each coastal zone.  Amendment 15 (Recital
6a  -  new)  mentions  how  pressures  have  increased  on  the  coastal  zone  since  the  Council
adopted resolution 94/C 135/2 in 1994.  Amendment 19 (Chapter II, point 1) explains the
principle of a broad perspective, stressing the need to take into account the interdependence
and disparity of systems impacting on the coastal zones.  Amendment 21 (Chapter II, point
2)  explains  the  principle  of  a  long  term  perspective,  mentioning  the  precautionary  principle
and the need to consider both present and future generations.  Amendment 22 (Chapter II,
point  3)  explains  the  adaptive  management  principle,  stressing  the  need  to  facilitate
adjustment  as  problems  and  knowledge  develop.    Amendment  23  (Chapter  II,  point  4)
explains  the  local  specificity  principle,  stressing  the  need  for  specific  solutions  and  flexible
measures to respond to the diversity of coastal zones in Europe.  Amendment 26 (Chapter
II, point 7) explains the principle of support and involvement of all relevant administrative
bodies,  stressing  the  need  for  links  between  levels  and  sectors  and  the  need  for  policy
coordination.  Amendment 27 (Chapter II, point 8) explains the principle of using multiple
instruments, stressing the need to ensure coherence between laws and objectives, and between
planning  and  management.    Amendment  28  (Chapter  II,  point  8a  -  new)  inserts  a  new
principle  related  to  the  need  to  ensure  coherence  between  sectoral  plans  that  are  already  in
preparation.    All  of  these  amendments  serve  to  clarify  the  need  for  good  coastal  zone

3

management, and the principles needed to ensure that  it  occurs.   They were all  accepted by
the Commission.

Concerning  the  stocktaking,  the  Commission  accepted  amendment  46  (Chapter  III,
paragraph  2)  -  which  mentions  that  the  stocktaking  should  also  cover  the  role  of  elected
local  officials  and  interregional  organizations;  as  well  as  amendment  31  (Chapter  III,
paragraph 3) - which adds specific mention of several additional sectors to be considered in
the stocktaking, such as aquaculture and maritime safety.  

Concerning the national  strategies,  the  Commission  accepted  amendment  37  (Chapter  IV,
paragraph  3,  point  ha  -  new)  which  suggests  that  national  strategies  should  also  establish
procedures for public participation in the development of coastal zone strategies; amendment
38 (Chapter IV, paragraph 3a - new) that itemizes some of the specific actors that should
be involved in this concerted action.

Concerning cooperation, the Commission accepted amendment 39 (Chapter V, paragraph
1) that mentions the need to enforce existing conventions between neighbouring countries.

The Commission also accepted amendment 40 (Chapter VI, title) modifying the last chapter
to read "Reporting and Review" instead of just "Reporting".

3.2

Amendments accepted in part or principle by the Commission

Amendment  2  (Recital  1a  -  new)  introduces  a  recital  explaining  that  coastal  zone
biodiversity is unique and notes that it is protected by directives 92/43/CEE and 79/409/CEE.
The  Commission  can  accept  this  in  principle,  but  notes  that  the  directives  referred  refer  to
only certain parts of the coastal zone which does not cover all of the interesting biodiversity.
The Community is also acting through its biodiversity action plan to safeguard biodiversity in
other areas too.  The Commission therefore proposes the following wording for this recital: 

Coastal  zones  possess  a  unique  biodiversity  in  terms  of  flora  and  fauna,  which  is
recognized in various Community policies and actions.

Amendment 14 (Recital 5) mentions the need to cooperate and consult with the International
Maritime Organization.  While the Commission can accept this in principle,  the  IMO  is not
the  only  relevant  international  organization,  so  the  Commission  proposes  the  following
wording for this recital: 

There is a need to ensure coherent  action  at  the  European level,  including  cooperative
action, particularly at the scale of the regional seas, to address cross-border coastal zone
problems.    This  should  include  consultation  with  all  of  the  relevant  international
organizations.

Amendment  24  (proposed  as  Chapter  II,  point  5a  -  new;  accepted  as  Chapter  I,  new
bullet  point)  introduces  a  principle  concerning  the  protection  of  coastal  settlements  from
erosion and flooding.  The Commission acknowledges that coastal erosion and flooding are a
problem in the coastal zone, and should be address through ICZM.  However, it is important
to  ensure  that  management  of  these  problems  is  environmentally  sustainable.    The
Commission also believes that this would be better addressed in Chapter  I, as the principles
listed in Chapter II refer to guiding axes for the process of ICZM, not to individual problems
which ICZM is intended to address.  Thus, while  accepting in principle the amendment, the
Commission suggests that the idea should be incorporated into the Recommendation through
a new bullet point under chapter I stating:

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–
the  recognition  of  the  threat to  coastal  zones  posed  by  global  warming  and  of  the
dangers entailed by the rising level of the sea, and a need for environmentally sustainable
measures  to  protect  coastal  communities  and  cultural  heritage  from  these  forces  where
possible

The first part of amendment 36 (Chapter IV, paragraph 3, point g) mentions the need for
partnership with the European Environment Agency and this is acceptable.  The second part
of amendment 6 says that data should be available without cost.  The Commission does not
think this is always feasible, so while supporting the idea would propose the wording without
charge or at reasonable cost for  the  second part of  this amendment.  The point would now
read:

establish adequate, continuous systems for monitoring and diffusing information about
their  coastal  zone,  in  partnership  with  the  European  Environment  Agency  and  regional
authorities.  These  systems  should  collect  and  provide  information  in  appropriate  and
compatible formats to decision makers at national, regional and local levels to facilitate
integrated  management.  This  data  should  be  publicly  available  without  charge  or  at
reasonable cost

Amendment 11 (Recital 4)  adds  a  further  description  of  the  type  of  action  needed  at  local
and  regional  level.    The  reference  to  "strategic,  coordinated  and  concerted  action"  is
accepted, however the addition of the word "first" is not acceptable for two reasons:  1) it is
unclear  whether  "first"  means  a  priority  emphasis,  or  a  time  sequence,  and  2)  insertion  of
"first"  does  not  reflect  what  was  said  in  COM/1997/744  and  COM/2000/547,  whereas  this
article  starts  with  the  phrase  "The  Commission  communications  COM/1997/744  and
COM/2000/547 note…".  The recital would now read:

The  Commission  communications  COM(1997)  744  and  COM(2000)  547  note  that
integrated management of the coastal zone requires strategic, coordinated and concerted
action  at  the  local  and  regional  level,  guided  and  supported  by  an  appropriate
framework at the national level.

Amendment  17  (Chapter  I)  proposes  several  changes  to  the  chapter  originally  entitled  "A
Common Vision", most of which are acceptable in principle. The amendment proposes now
to  entitle  the  chapter  "A  Common  Strategy".    In  order  to  avoid  confusion  with  the  national
strategies  discussed in the chapter  IV, the Commission  would propose  the  title  "A  Strategic
Approach".    Similarly  for  the  first  change  in  the  text,  the  Commission  would  propose
"themselves to a common strategic approach", rather than "themselves to a binding common
strategy".  The use of the word binding is anyway not acceptable as it is contrary to the spirit
of  the  Recommendation.    The  Commission  does  not  accept  the  addition  of  the  phrase  "the
following principles" as what  following  describes  an  overall  approach;  the  list  of  principles
being addressed in Chapter II.  The Commission can accept the reordering of the bullet points,
the modifications to the 2nd part of the text identifying ecosystem protection as a first priority,
and the addition of a bullet point refering to the threat of global warming.  The chapter would
now  read  as  following,  including  the  bullet  point  introduced  as  a  result  of  agreement  in
principle with amendment 24:

5

A Strategic Approach

The  Member  States  should  commit  themselves  to  a  common  strategic  approach  for  the
future of their coastal zones, based on:

the protection of the ecosystem as a first priority, and sustainable management of the
-
living  and  non-living  resources  of  both  the  marine  and  terrestrial  components  of  the
coastal zone

-

-

-

-

recognition of the threat to coastal zones posed by continued global warming,

durable economic opportunities and employment options,

a functioning social and cultural system in local communities,

adequate open land for future enjoyment and aesthetics,

–
the  recognition  of  the  threat  to  coastal  zones  posed  by  global  warming  and  of  the
dangers entailed by the rising level of the sea, and a need for environmentally sustainable
measures  to  protect  coastal  communities  and  cultural  heritage  from  these  forces  where
possible

in  the  case  of  remote  coastal  areas,  their  full  incorporation  into  the  European

-
mainstream.

Amendment  20  (Chapter  II,  point  1a  -  new)  introduces  a  binding  commitment  to
application  of  the  precautionary  principle.    Use  of  the  term  "binding"  is  out  of  place  in  the
Recommendation  and  therefore  not  acceptable.    Otherwise  the  amendment  is  acceptable  in
principle, however, the Commission notes that the  idea is  already  incorporated into  Chapter
II, point 2 as a result of amendment 21 and therefore is superfluous here.  There is therefore
no need to add an additional principle in the text in this chapter.

Amendment  25  (Chapter  II,  point  6)  further  describes  the  participatory  principle.    While
broad  participation  is  acceptable  in  principle  the  Commission  proposes  the  phrase  "in  the
planning and management process" rather than "in the spatial planning process" as this better
describes the full range of actors who should be involved, and covers the full range of sectoral
planning activities.  The amendment is otherwise accepted as proposed.  The point now reads:

Participatory  planning  which  will  involve  all  the  parties  concerned  (maritime  interests,
local  residents  and  businesses,  users  of  recreational  facilities,  holidaymakers,  fishing
communities  and  environmental  NGOs)  in  the  planning  and  management  process,  by
means of agreement and shared responsibility

Amendment 29 (Chapter III, paragraph 1) concerns the need for national stocktaking.  The
first  phrase  mentioning  a  future  Community  legal  framework  is  unacceptable  for  the  same
reasons  that  amendments  12,  16  and  18  are  unacceptable  (described  below).    The  phrase
"before 31 December 2002" would be better phrased "within one year of the adoption of this
Recommendation".  The mention of partnership with regional  authorities is acceptable.  The
change from "should" to "shall" is not acceptable.  In view of the fact that such a stocktaking
cannot  by  itself  ensure  a  convergence  of  policies,  the  last  part  of  the  amendment  would  be
better phrased "as a step towards convergence of public policies and local initiatives".  The
text for this article would therefore now read:

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Within one year of the adoption of this Recommendation, Member States, in partnership
with  the  regional  authorities,  should  conduct  a  national  stocktaking  to  analyse  which
actors,  laws  and  institutions  influence  the  planning  and  management  of  their  coastal
zone as a step towards convergence of public policies and local initiatives.

Similarly,  in  amendment  32  (Chapter  IV,  paragraphs  1  and  2),  while  the  reference  to
regional authorities and interregional organisations is acceptable, the change from "should" to
"shall" is not acceptable.  The timeframe would be better phrased "within three years of the
adoption  of  this  Recommendation.    This  first  sentence  therefore  now  reads  Based  on  the
results  of  the  stocktaking,  Member  States,  in  partnership  with  the  regional  authorities  and
interregional  organisations,  should  develop  within  three  years  of  the  adoption  of  this
Recommendation, a National Strategy to implement the principles for integrated management
of the coastal zone., The proposed addition of the last sentence concerning a Community legal
framework is not accepted. This paragraph would therefore now read:

Based on the results of the stocktaking, Member States, in partnership with the regional
authorities  and  interregional  organisations,  should  develop,  within  three  years  of  the
adoption  of  this  Recommendation,  a  National  Strategy  to  implement  the  principles  for
integrated management of the coastal zone. This strategy might be specific to the coastal
zone, or might be in the context of a broader national strategy for promoting integrated
planning and management.

The first part of amendment 33 (Chapter IV, paragraph 3, point a) recommends that the
national  strategies  should  lead  to  binding  national  instruments.    As  the  binding  approach
might not be the best in all countries, this part of the amendment is not acceptable.  The other
parts of the amendment (dropping the word "relative" as a description of roles, and inserting
"and  if  necessary  set  up"  concerning  coordination  mechanisms)  are  accepted  by  the
Commission.  This paragraph therefore now would read:

This national strategy should: 

(a)

define  the  roles  of  the  different  administrative  actors  within  the  country  whose
competence includes activities or resources of the coastal zone;

identify  and,  if  necessary,  set  up  mechanisms  for  their  coordination.  This
(b)
definition of roles should ensure both adequate local control, and also sufficient regional
vision  and  consistency  (especially  in  ensuring  that  local  administrations  are  not  overly
influenced by the short-term economic concerns of their constituents and neighbours);

The first part  of  amendment 34 (Chapter IV,  paragraph 3, point b)  changing  "might"  to
"shall" is not acceptable by the Commission because this is a Recommendation.  The second
part  of  the  amendment,  mentioning  the  possibility  of  several  plans  within  a  country  is
accepted by the Commission.  This point would therefore now read:

define the appropriate mix of instruments for implementation of the principles, within
the  national  legal  and  administrative  context.  In  developing  this  strategy,  the  Member
States might consider the appropriateness of: developing one or more national strategic
plans for the coast, using spatial or land use planning instruments to promote integrated
planning  and  management  (including  instruments  that  give  priority  to  coastal
dependent  uses  in  the  foreshore  area),  land  purchase  mechanisms  and  declarations  of

7

public domain, developing contractual or voluntary agreements with coastal zone users1,
harnessing economic and fiscal incentives (compatible with Community legislation), and
working through regional development planning mechanisms;

Amendment  42  (Chapter  VI,  paragraph  2,  point  da  -  new)  introduces  the  idea  of  an
evaluation of compliance with Community law.  This is acceptable in principle however the
phrase  "particularly  with  regard  to  protected  zones  and  species"  should  be  changed  to
"including legislation concerning protected zones and species" in order not to unduly restrict
the scope of the evaluation.  This point would therefore read:

an  evaluation  of  compliance  with  Community  law  in  coastal  zones,  including  legislation
concerning protected zones and species.

Amendment 43 (Chapter VI, paragraph 2a -  new) proposes  a Commission  review  of  the
Recommendation  and  submission  of  an  evaluation  report  -  this  part  is  acceptable  to  the
Commission.    However,  the  last  phrase  stating  that  the  Commission  will  at  the  same  time
submit a proposal for a Community legal framework is not acceptable, as it is not appropriate
here  to  pre-judge  whether  or  not  such  a  proposal  would  be  necessary  or  proposed  by  the
Commission.  The paragraph would now read:

The Commission should review this Recommendation within three years following the date
of its adoption and submit to the European Parliament and Council an evaluation report.

3.3.

Amended proposal

Having regard to  Article 250(2)  of the  EC  Treaty, the Commission modifies its proposal as
indicated above.

1 

Including environmental agreements with industry - see COM(1996) 561 of 27.11.1996

8