Common Position (EC) No 13/2002 of 13 December 2001 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a recommendation of the European Parliament and of the Council concerning the implementation of integrated coastal zone management in Europe
Date: 2001-12-13
Institutions: Council of the European Union
Subjects: coastal region, environmental protection, integrated development programme, sustainable development, town and country planning

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I

(Information)

COUNCIL

COMMON POSITION (EC) No 13/2002

adopted by the Council on 13 December 2001

with a view to adopting recommendation 2002/. . ./EC of the European Parliament and of the
Council of . . . concerning the implementation of integrated coastal zone management in Europe

(2002/C 58 E/01)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

changes in storm frequency and strength, and increased
coastal erosion and flooding.

Having regard to the Treaty establishing the European
Community, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of
Committee (2),

the Economic and Social

Having regard to the opinion of
Regions (3),

the Committee of

the

Acting in accordance with the procedure laid down in Article
251 of the Treaty (4),

Whereas:

(1) The coastal zone is of great environmental, economic,
social, cultural and recreational importance to Europe.

(2) Coastal zones possess a unique biodiversity in terms of

flora and fauna.

(3) Chapter 17 of Agenda 21, adopted at the United Nations
Conference on Environment and Development summit in
Rio in June 1992 should be taken into account.

(6) Population growth and the development of economic
increasingly threatening for both the

activities
environmental and social equilibria of coastal zones.

are

(7) The decline of fishing activity and related employment
particularly
fisheries-dependent

areas

makes many
vulnerable.

(8) Existing regional disparities in the Community affect the
management and conservation of each coastal zone in a
different way.

(9) It

is

to

an

essential

environmentally
implement
sustainable, economically equitable, socially responsible,
and culturally sensitive management of coastal zones,
which maintains the integrity of this important resource
while considering local traditional activities and customs
that do not present a threat to sensitive natural areas and
the
to the maintenance-status of
coastal fauna and flora.

the wild species of

(4) The 1999 assessment report of the European Environment
Agency indicates a continuing degradation of conditions
in the coastal zones of Europe as regards both the coasts
themselves and the quality of coastal water.

(10) The Community promotes integrated management on a
larger scale by means of horizontal
instruments. These
activities therefore contribute to integrated coastal zone
management.

(5) Community coastal zones are further threatened by the
effects of climate change, in particular rising sea levels,

(1) OJ C . . . E, p. . . .
(2) OJ C 155, 29.5.2001, p. 17.
(3) OJ C 148, 18.5.2001, p. 23.
(4) Opinion of

the European Parliament of 5 July 2001 (not yet
published in the Official
Journal), Council Common Position of
13 December 2001 and Decision of the European Parliament of
. . . (not yet published in the Official Journal).

(11) The Commission notes in its communications (5) to the
Council and the European Parliament
integrated
management of the coastal zone requires strategic, coor-
dinated and concerted action at the local and regional
level,
appropriate
supported
framework at the national level.

guided

that

and

by

an

(5) Doc. COM(97) 744 final and Doc. COM(2000) 547 final.

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(12) The Commission’s demonstration programme on inte-
grated coastal zone management identifies principles of
good coastal zone management.

(d) sustainable
options;

economic opportunities

and

employment

(13) 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.

(14) Council resolution of 6 May 1994 on a Community
strategy for integrated coastal-zone management (1) and
Council resolution of 25 February 1992 on the future
Community policy concerning the European coastal
zone (2) both identify the need for concerted European
action to implement integrated coastal zone management.

(15) An integrated coastal zone management involves multiple
factors among which town and country planning and land
use are only accessorily concerned.

(16) In accordance with the subsidiarity and proportionality
principles as set out in Article 5 of the Treaty, and with
Protocol 7 to the Treaty of Amsterdam on the implemen-
tation of subsidiarity and proportionality, and given the
diversity of conditions in the coastal zones and the legal
and institutional frameworks in the Member States, the
objectives of the proposed action can best be achieved
by guidance at the Community level,

HEREBY RECOMMEND THE FOLLOWING:

(e) a

functioning

social

and

cultural

system in local

communities;

(f) adequate

accessible

land

for

the public, both for

recreational purposes and aesthetic reasons;

(g)

in the case of remote coastal communities,
tenance or promotion of their cohesion;

the main-

(h) improved coordination of the actions taken by all the auth-
orities concerned both at sea and on land, in managing the
sea-land interaction.

CHAPTER II

PRINCIPLES

Member States follow the principles of integrated coastal zone
management based on:

(a) a broad overall perspective (thematic and geographic)
the interdependence and
which will
disparity of natural systems and human activities with an
impact on coastal areas;

take into account

CHAPTER I

A STRATEGIC APPROACH

(b) a long-term perspective which will take into account the
precautionary principle and the needs of present and future
generations;

Member States take into account the sustainable development
strategy and the Decision of the European Parliament and of
the Council
laying down the sixth Community environment
action programme (3), and take a strategic approach to the
management of their coastal zones, based on:

(c) an adaptive management during a gradual process which
will
facilitate adjustment as problems and knowledge
develop. This implies the need for a sound scientific basis
concerning the evolution of the coastal zone;

(a)

the protection of the coastal environment, based on an
integrity and func-
ecosystem approach preserving its
tioning,
the natural
resources of both the marine and terrestrial components
of the coastal zone;

and sustainable management of

(d)

local specificity and the great diversity of European coastal
zones, which will make it possible to respond to their
and flexible
practical needs with specific
measures;

solutions

(b) the recognition of the threat to coastal zones posed by
climate change and of the dangers entailed by the rise in
sea level;

(e) working with natural processes and respecting the carrying
capacity of ecosystems, which will make human activities
more environmentally friendly, socially responsible and
economically sound in the long run;

(c) appropriate and ecologically responsible coastal protection

measures;

(f)

(1) OJ C 135, 18.5.1994, p. 2.
(2) OJ C 59, 6.3.1992, p. 1.
(3) OJ L . . .

involving all the parties concerned (economic and social
representing coastal zone
partners,
residents,
the
business sector) in the management process, for example
by means of agreements and based on shared responsibility;

the organisations
non-governmental

organisations

and

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(g) support and involvement of relevant administrative bodies
at national, regional and local level between which appro-
priate links should be established or maintained with the
aim of
the various existing
policies. Partnership with and between regional and local
authorities should apply when appropriate;

improved coordination of

(h) use of a combination of instruments designed to facilitate
coherence between sectoral policy objectives and coherence
between planning and management.

CHAPTER III

NATIONAL STOCKTAKING

Member States conduct or update an overall stocktaking to
laws, and institutions influence
analyse which major actors,
the management of their coastal zone. This stocktaking should:

(a) consider (but not be limited to) the following sectors and
areas: fisheries and aquaculture, transport, energy, resource
management,
cultural
heritage, employment, regional development in both rural
and urban areas,
industry and
mining, waste management, agriculture and education;

and habitat protection,

tourism and recreation,

species

(b) cover all administrative levels;

activities or resources related to the coastal zone, as well as
mechanisms for their coordination. This identification of
roles should allow an adequate control, and an appropriate
strategy and consistency of actions;

(b)

identify the appropriate mix of instruments for implemen-
tation of the principles outlined in Chapter II, within the
national, regional or local legal and administrative context.
In developing these strategies, the Member States should
consider the appropriateness of:

(i) developing national strategic plans for the coast

promote integrated management ensuring,
the control of additional urbanisation and of
exploitation of non-urban areas while
natural features of the coastal environment,

to
inter alia,
the
respecting

(ii) land-purchase mechanisms and declarations of public
recreational
access
to the protection of

domain to ensure public
purposes without prejudice
sensitive areas,

for

(iii) developing contractual or voluntary agreements with
environmental

including

coastal
zone
agreements with industry,

users,

(c) analyse

the

interests,

role and concerns of

citizens,

non-governmental organisations, and the business sector;

(iv) harnessing economic and fiscal incentives, and

(d) identify relevant

interregional organisations and coop-

eration structures; and

(v) working through regional development mechanisms;

(e)

take stock of the applicable policy and legislative measures.

CHAPTER IV

NATIONAL STRATEGIES

(c) develop or maintain national and, where appropriate,
regional or local
legislation or policies and programmes
which address both the marine and terrestrial areas of
coastal zones together;

concerned develops one or

Based on the results of the stocktaking, each Member
1.
State
to
implement the principles outlined in Chapter II aiming at inte-
grated management of the coastal zone.

strategies

several

(d) particularly,
initiatives
management of the coastal zone and its resources;

identify measures
public
and

to promote bottom-up
integrated

participation

in

2.
These strategies might be specific to the coastal zone, or
strategy or
might be part of a geographically broader
programme for promoting integrated management of a larger
area.

(e)

identify sources of durable financing for integrated coastal
zone management initiatives where needed, and examining
how to make the best use of existing financing mechanisms
both at Community and at national level;

3.

These strategies should:

(a)

identify the roles of
the different administrative actors
within the country or region whose competence includes

(f)

identify mechanisms
and coordinated
to ensure
implementation and application of Community legislation
and policies that have an impact on coastal areas, including
when reviewing Community policies;

full

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(g)

include adequate systems for monitoring and disseminating
information to the public about their coastal zone. These
systems should collect and provide information in appro-
to decision-makers at
priate and compatible formats
levels to facilitate integrated
national, regional and local
management. The work of
the European Environment
Agency can serve,
inter alia, as a basis for this purpose.
This data should be publicly available in accordance with
relevant Community legislation, in particular with Directive
2001/. . ./EC of the European Parliament and of the Council
on public
information and
to environmental
repealing Council Directive 90/313/EEC (1);

access

(h) determine how appropriate national training and education
integrated

programmes can support
management principles in the coastal zone.

implementation of

CHAPTER V

COOPERATION

1. Member States encourage, enter into or maintain dialogue
with neighbouring countries, including non-member States in
the same regional sea, to establish mechanisms for better coor-
dination of responses to cross-border issues.

2. Member States also work actively with the Community
institutions and other coastal stakeholders to facilitate progress
towards a common approach to integrated coastal zone
management, examining the need for a European coastal stake-
holders forum. In this process, ways of using existing insti-
tutions and conventions should be explored.

CHAPTER VI

REPORTING AND REVIEW

1. Member States
experience in implementation of
years after its adoption.

report

to the Commission on the
this recommendation five

These reports are available to the public and include, in

2.
particular, information concerning:

(a) the results of the national stocktaking exercise;

(b) the strategy or strategies proposed at the national level for
implementation of integrated coastal zone management;

(c) a summary of actions taken, or to be taken, to implement

the national strategy or strategies;

(d) an evaluation of the expected impact of the strategy or

strategies on the status of the coastal zone.

The Commission should review this recommendation
3.
within six years of the date of its adoption and submit to
the European Parliament and the Council an evaluation
report accompanied if appropriate by a proposal for further
Community action.

Done at . . .

In this context, cooperation with the Accession Countries

3.
is maintained and enhanced.

For the European Parliament

The President

For the Council

The President

(1) OJ L . . .

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STATEMENT OF THE COUNCIL’S REASONS

I.

INTRODUCTION

On 8 September 2000 the Commission sent to the Council its proposal for a European Parliament and
Council recommendation concerning the implementation of integrated coastal zone management in
Europe (ICZM), based on Article 175(1) of the Treaty.

The European Parliament issued its opinion on 2 to 5 July 2001. The Economic and Social Committee
and the Committee of the Regions adopted their opinions on 28 March 2001 and 14 February 2001
respectively.

Following these opinions, on 26 September 2001 the Commission forwarded an amended proposal to
the Council.

On 13 December 2001, the Council adopted its Common Position in accordance with Article 251 of
the Treaty.

II. OBJECTIVE

The recommendation aims at encouraging the sound and sustainable development of coastal zones,
from the environmental, social and economic point of view, by promoting a collaborative and inte-
grated approach to their management.

III. ANALYSIS OF THE COMMON POSITION

1. General

To encourage integrated management of coastal zones it is foreseen that Member States draw up
national strategies based on a number of principles outlined in the recommendation and in the
accompanying Commission communication. The national strategies should be based on the results
of national stocktakings, analysing the laws,
institutions and major actors which influence the
management of coastal zones in all relevant sectors.

The implementation of the national strategies should lead to a better understanding of the processes
(environmental, social and economic) having an impact on coastal zones,
to an increased
involvement in coastal management of the relevant stakeholders, and to more appropriate and
coordinated sectoral policies, administrative systems, and initiatives at local level.

It is foreseen that Member States report to the Commission on the experience in implementing the
recommendation after a period of five years, and that an evaluation report will be prepared by the
Commission one year thereafter, accompanied, if appropriate, by a proposal for further Community
action.

2. Parliament amendments

The Council accepted in full, in substance or in part, 32 of the 41 amendments approved by the
European Parliament.

In particular, the Council:

(a) accepted amendments 1, 13, 22, 23 and 40 in full;

(b) accepted amendments 4 and 7 (merging them), 8, 10, 19, 25, 26, 27 and 28 (merging them) in

their substance but with a different wording or placement in the text;

(c) accepted the following amendments in part:

amendments 2 and 3 on the characteristics and problems of coastal zones: are taken over in
substance, omitting the list of Community acts relevant to the protection of habitats (amendment
2) and the list of possible degradation causes contained in brackets (amendment 3),

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amendment 5 on a new recital on fishing activities: is taken over in substance and reworded,

amendment 6, on a new recital on growth: is added, omitting the list of examples of threatening
activities,

amendment 11 adding qualifications to the type of action needed is introduced, save the word
(cid:145)first(cid:146), which is considered unclear,

amendment 17 on the strategic approach: is largely incorporated and reworded, although the
reference to a (cid:145)binding(cid:146) common strategy is omitted,

amendments 20 and 21 on principles: have been merged and introduced in the text, although
reworded to avoid binding language, not appropriate in a recommendation,

amendments 29 and 38 on partnership: have been integrated in part, together with amendment
26 into Chapter II(g) on principles,

amendments 46 and 31 on stocktaking: are added in substance in Chapter III,

amendments 33 and 34 on national strategies, reworded to avoid binding language, are incor-
porated in substance in Chapter IV,

amendment 35 on future EU legislation: is taken up in substance by Chapter IV(3)(f) with a
broader language covering all Community policies,

amendment 36 on information to the public: taken over and reworded with regard to the role of
the EEA and the applicable charges, which should be in line with the forthcoming EU rules on
public access to information,

amendment 37 on public participation: the principle of this amendment has been added in
Chapter IV (national strategies) paragraph 3(d),

amendment 43 on the Commission review: is integrated in part, while the timing is modified and
the language is made broader, given that the commitment to a Community legal framework on
integrated coastal management is considered premature and inappropriate for a recommen-
dation;

(d) did not accept amendments 12, 16 and 18, following the opinion expressed by the Commission;

(e) did not accept six amendments (accepted in full or in part by the Commission) for the following

reasons:

amendment 14 adding a reference to the International Maritime Organisation: The Council opted
for a broader wording of this recital, but has added a reference to interregional organisations in
Chapter III (national stocktaking) and to existing institutions and conventions in Chapter V
(cooperation),

amendment 15 adding reference to increased pressure on coastal zones having occurred since the
1994 Council resolution: the Council considers that recitals 4 to 8 already describe the various
pressures on coastal zones and that a reference to pressures occurred since 1994 is not
necessary,

amendment 24 adding a reference to coastal erosion and flooding in Chapter II (principles): the
Council considers that the substance of this amendment is already covered in Chapter I (A
strategic approach (cid:151) see points (a) to (d)). Chapter II on the principles to be followed for ICZM
is not considered an appropriate place for such a provision,

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amendment 32 on the national strategies: the mandatory language of this amendment is not
considered appropriate for a recommendation as well as the additional reference to a future
Community legal framework. The Council has added a full reference to the need for partnership
with regional and local authorities in Chapter II (principles) point (g),

amendment 39 on the need to enforce existing conventions with neighbouring countries: having
added a reference to the use of existing conventions to progress towards a common approach to
ICZM in Chapter V, this supplementary addition has not been considered necessary,

amendment 42 on evaluation by the Member States of compliance with Community law: this
amendment has not been accepted as the task in question is for the Commission, guardian of
the Treaty.

3. Other changes introduced by the Council

Some other minor modifications have been introduced in order to clarify or add details to the
Commission proposal (e.g. in Chapters I and II, outlining the strategic approach and the prin-
ciples for integrated coastal zone management) without changing the overall orientation of the
text.

The Commission has accepted the Common Position agreed by the Council.