Opinion of the Committee of the Regions on the "Communication from the Commission to the Council and the European Parliament — Towards a strategy to protect and conserve the marine environment"
Date: 2003-04-09
Institutions: European Committee of the Regions
Subjects: EU environmental policy, environmental protection, marine environment

C 244/34

EN

Official Journal of the European Union

10.10.2003

Opinion of the Committee of the Regions on the ‘Communication from the Commission to the
Council and the European Parliament — Towards a strategy to protect and conserve the marine
environment’

(2003/C 244/08)

THE COMMITTEE OF THE REGIONS,

having regard to the European Commission Communication — Towards a strategy to protect and
conserve the marine environment (COM(2002) 539 final);

having regard to the European Commission’s decision of 2 October 2002 to consult it on this subject,
under the first paragraph of Article 265 of the Treaty establishing the European Community;

having regard to the decision of its Bureau of 12 March 2002 to instruct the Commission for Sustainable
Development to draw up an opinion on this subject;

having regard to its Opinion on the Sixth Environment Action Programme (CdR 36/2001 fin) (1);

having regard to its draft opinion (CdR 24/2003 rev.) adopted by the Commission for Sustainable
Development on 20 February 2003 (rapporteur: Mr Wim van Gelder, Queen’s Commissioner for the
Province of Zeeland (NL-EPP)),

unanimously adopted the following opinion at its 49th plenary session of 9 and 10 April 2003 (meeting
of 9 April).

1. The Committee of the Regions’ views

The Committee of the Regions

1.5.
would welcome a strategic, pan European approach to
such disasters managed by the European Maritime Safety
Agency; one of the objectives of the Agency should therefore
be to ensure that disaster control mechanisms are put in place
immediately after an accident and enabled to act without delay
in controlling pollution from maritime disasters;

welcomes the plans for a European strategy to protect
1.1.
and conserve the marine environment, as required under the
Sixth European Environment Action Programme;

1.2.
endorses the need for an overall, integrated marine
protection policy at EU level, given the regional and sectoral
fragmentation of policy;

is convinced that healthy seas and oceans, including
1.3.
(in other words the marine
coastal zones and estuaries,
environment) are of vital importance not only on ecological
grounds, but also from an economic and social point of view;

1.4.
would also stress the importance of a healthy marine
environment for local and regional communities. The contrary
was clearly illustrated recently by the impact of the Prestige oil
tanker disaster on local communities on the northern coast of
Spain, and, more recently still, by the Tricolor disaster off the
Belgian and south-west Netherlands coast;

(1) OJ C 357, 14.12.2001, p. 44.

1.6.
recognises that a healthy marine environment is under
serious threat from countless human activities both at sea and
on land. These include the discharge of hazardous substances
and nutrients, the extraction from the marine environment of
commodities such as fish, oil, sand, gravel and energy, and all
climate-changing activities;

believes that it would be extremely difficult, if not
1.7.
impossible, to repair the damage done to the marine environ-
ment. This is often virtually irreversible, particularly given the
sheer scale of the processes involved. It is essential, as far as
possible, to avoid the need for reactive measures. That can be
done by pursuing a pro-active approach underpinned by the
precautionary principle and reflected in ‘no-regret’ measures;

1.8.
endorses the view that an ecosystem approach is
essential for any sustainable use of the seas. This is the only
way to ensure that the seas are not used in ways detrimental
to their ecology, to other uses or to future generations. The
ecosystem approach must be applied at global level;

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Official Journal of the European Union

C 244/35

1.9.
considers that greater attention must be paid to spatial
planning as a tool for giving practical shape to sustainable use.
Sustainability must be reflected not only in the intensity and
type of use, but also in its location as well. As a tool,
spatial planning can be seen as a practical expression of the
precautionary principle and, for that reason, must be applied
not only in any special areas of conservation set up, but
outside them as well. Specific spatial planning rules must be
drawn up, underpinned by an overall approach to EU sea
areas;

1.10.
considers that a sustainable use of the seas is imposs-
ible without support from the regional and municipal com-
munities as well. Interactive planning procedures can play a
key role in this regard, and due consideration must be given to
this aspect in developing the strategy;

feels that policy integration is needed not only at EU
1.11.
level but at municipal and regional level as well. That will help
address the need for regional support referred to above, both
for the policy itself and for the development of spatial planning
as a tool for the sustainable use of the marine environment;

1.12.
endorses the communication’s point about lack of
adequate knowledge. Work must be stepped up to improve
the knowledge base;

1.13.
recognises at the same time that we cannot wait until
that knowledge base is in place and, also, that there are limits
to how far such knowledge can be developed. These limiting
factors must be borne in mind when formulating policy. The
precautionary principle must therefore be a key starting point
in any policy development. Furthermore, this aspect must also
be reflected in the enforceability of rules and regulations. One
example of that is the ‘Clean Ship’ concept, which thus requires
active support;

couched in more specific terms. Also, a number of the
objectives have no deadline for completion. The Committee,
feels, however, that deadlines could be set;

1.17.
published setting out the strategy (in more detail).

wonders when,

if ever, a communication will be

2. The Committee of the Regions’ recommendations

The Committee of the Regions

recommends that, given the limits on knowledge
2.1.
development and the virtual irreversibility of the damage to
the marine ecosystem, more explicit attention should be paid
to the precautionary principle. This must be reflected, among
other things, in:

2.1.1.
the broader use of spatial planning and strategic
environmental assessment, not just in special areas of conser-
vation;

2.1.2.
fully into company accounts;

proposals to incorporate environmental costs more

2.1.3.

the active encouragement of the ‘Clean Ship’ concept;

2.2.
recommends policy integration not only at EU level
but at regional level as well by building on the model of
Regional Advisory Councils mentioned in Action 20, which
also involve the relevant local authorities, to establish Inte-
grated Regional Advisory Councils covering all the relevant
sectors. This contrasts with Action 20’s proposal to ‘apply this
model to other sectors’;

recommends promoting the global application of the

2.3.
ecosystem approach;

1.14.
backs EU Commissioner Loyola de Palacio’s policy
regarding tighter timetables for the double-hulling of sea-
worthy ships, and the training requirements and professional
skills of seafarers;

2.4.
recommends that the Commission strategy recognise
and address the potential for a major release of radioactivity to
the marine environment arising from an accident or incident
involving the transport of radioactive materials;

considers that

1.15.
the difficulties facing the marine
environment can be tackled more effectively if the costs of
(potential) environmental damage are carried by the polluter.
Environmental costs should become an integral part of
company accounts. Potential environmental damage should
also be reflected in insurance premiums, for instance for ships;

1.16.
agrees that, given the complex nature of the issues
involved, the communication cannot at this stage set out the
strategy itself, but is just one step towards it. The Committee
appreciates the structured approach to the proposed actions,
but wonders whether some of the actions could not be

recommends that deadlines be set for the achievement

2.5.
of Objectives 9, 10 and 12;

recommends a more precise wording for Actions 7

2.6.
and 9;

2.7.
recommends the publication of a more detailed inte-
grated strategy in conjunction with the report mentioned in
Action 19;

drawing on these recommendations, proposes the

2.8.
following amendments:

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Official Journal of the European Union

10.10.2003

PROPOSED AMENDMENTS

AMENDMENT 1

Section 7: Objectives

Add:

Text proposed by the Commission

Amendment

Eutrophication

Objective 5

Eutrophication

Objective 5

The objective with regard to eutrophication is to elimin-
ate human induced eutrophication problems by 2010
by a progressive reduction of anthropogenic inputs of
nutrient to areas in the marine environment where these
inputs are likely, directly or indirectly, to cause such
problems. Where no regional objectives on eutrophica-
tion have been set, regional specific action and time-
frames for achieving this objective will be developed in
collaboration with the regional marine conventions.

The objective with regard to eutrophication is to elimin-
ate reduce human induced eutrophication problems
by 201015 (in accordance with the water framework
directive) by a progressive reduction of anthropogenic
inputs of nutrient to areas in the marine environment
where these inputs are likely, directly or indirectly, to
cause such problems. Where no regional objectives on
eutrophication have been set, regional specific action
and timeframes for achieving this objective will be
developed in collaboration with the regional marine
conventions.

Reason:

The objective set in the Commission’s strategy to eliminate eutrophication problems by 2010 is
unrealistic, particularly from the standpoint of local and regional authorities.

AMENDMENT 2

Section 7: Objectives

Add:

Text proposed by the Commission

Amendment

Objective 9

Objective 9

The objective is to reduce the environmental impact of
shipping by developing the concept of the ‘Clean Ship’.

The objective is to reduce the environmental impact of
shipping by developing the concept of the ‘Clean Ship’
which would include the development of a ‘black box’
system for ships similar to that used in aircraft, which
would record essential safety and anti pollution infor-
mation by 2010.

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Official Journal of the European Union

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AMENDMENT 3

Section 7: Objectives

Add:

Text proposed by the Commission

Amendment

Objective 10

Objective 10

The objective is to achieve a quality of the environment
where levels of contaminants do not give rise to signifi-
cant impacts on or risks to human health and well-being.

The objective is to achieve by 2010 a quality of the
environment where levels of contaminants do not give
rise to significant impacts on or risks to human health
and well-being.

AMENDMENT 4

Section 7: Objectives

Add:

Text proposed by the Commission

Amendment

Objective 12

Objective 12

The objective is to realise more effective coordination
and cooperation between the different institutions and
regional and global conventions, commissions and agree-
ments governing marine protection.

The objective is to realise by 2006 more effective
coordination and cooperation between the different
institutions and regional and global conventions, com-
missions and agreements governing marine protection;

AMENDMENT 5

Section 8.1: Policy action

Amend:

Text proposed by the Commission

Amendment

8.1. Where this is likely to lead to designation of
Special Areas of Conservation which would have impli-
cation for ongoing sectoral activities, the Commission
the integration of nature protection
will address
measures and the various sectoral activities impacting
on the marine environment including spatial planning
and the application of strategic environment assess-
ments.

8.1. Where this is likely to lead to designation of
Special Areas of Conservation which would have impli-
cation for ongoing sectoral activities, the The Com-
mission will address the integration of nature protection
measures and the various sectoral activities impacting
on the marine environment including spatial planning
and the application of strategic environment assess-
ments. This will be done in the first instance wherever,
under Action 2, Special Areas of Conservation might be
designated which would have implications for ongoing
sectoral activities.

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Official Journal of the European Union

10.10.2003

AMENDMENT 6

Section 8.1: Policy action

Amend as follows:

Text proposed by the Commission

Amendment

Action 7

Action 7

In the context of its implementation of its strategy with
In the context of its implementation of its strategy with
regard to Dioxins, Furans and PCBs, the Commission
regard to Dioxins, Furans and PCBs, the Commission
will consider by 2004 submit proposals for the develop-
will consider the development of an integrated pilot
programme for monitoring of dioxins in the environ- ment of an integrated pilot programme for monitoring
of dioxins in the environment and in food in relation to
ment and in food in relation to human health in the
human health in the Baltic area.
Baltic area.

AMENDMENT 7

Section 8.1: Policy action

Add:

Text proposed by the Commission

Amendment

Action 9

Action 9

To facilitate a more systematic approach towards com-
bating marine eutrophication, the Commission will:

To facilitate a more systematic approach towards com-
bating marine eutrophication, the Commission will:

—

a more

pursue
and
vigorous
implementation of the nitrates and urban waste-
water directives;

enforcement

—

a more

pursue
and
vigorous
implementation of the nitrates and urban waste-
water directives, and submit proposals to that end
by 2004;

enforcement

— ....

— ....

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Official Journal of the European Union

C 244/39

AMENDMENT 8

Section 8.1: Policy action

Add:

Text proposed by the Commission

Amendment

Action 14

The Commission will:

Action 14

The Commission will:

—

—

in the future assisted by the European Maritime
Safety Agency, continue to review the effectiveness
of EU legislation in the maritime safety field with
special emphasis being given on the recently
adopted measures to prevent maritime pollution
accidents;

continue to actively promote initiatives aimed
at minimising environmental harm caused by
maritime transport and will support efforts to
develop the concept of a Clean Ship.

—

—

in the future assisted by the European Maritime
Safety Agency, continue to review the effectiveness
of EU legislation in the maritime safety field with
special emphasis being given on the recently
adopted measures to prevent maritime pollution
accidents;

continue to actively promote initiatives aimed
at minimising environmental harm caused by
maritime transport and will actively support efforts
to develop the concept of a Clean Ship including
the development of a Sea Traffic Control System
for maritime transport.

AMENDMENT 9

Section 8.1: Policy action

Add new text:

Text proposed by the Commission

Amendment

Action (new)

The Commission will by 2004 submit proposals
designed to ensure that the costs of (potential) environ-
mental damage are more explicitly reflected in the
business results of the (potential) polluters.

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Official Journal of the European Union

10.10.2003

AMENDMENT 10

Section 8.2: Enhancing coordination and cooperation

Add:

Text proposed by the Commission

Amendment

Action 19

The Commission will:

Action 19

The Commission will:

—

—

—

establish an interservice group to consider all issues
related to marine protection and ensure effective
co-ordination of the sectoral regulations;

establish a work programme involving a sharing
of work with Member States, regional organisations
and other stakeholders to realise the objectives of
the Marine Strategy;

publish a report by June 2004 on the results of
these initiatives together with recommendations
for further action.

—

—

—

establish an interservice group to consider all issues
related to marine protection and ensure effective
co-ordination of the sectoral regulations;

establish a work programme involving a sharing
of work with Member States, regional organisations
and other stakeholders to realise the objectives of
the Marine Strategy;

publish a report by June 2004 on the results of
these initiatives together with a more detailed
integral strategy and recommendations for further
action.

AMENDMENT 11

Section 8.2: Enhancing coordination and cooperation

Amend as follows:

Text proposed by the Commission

Amendment

Action 20

Action 20

Where the Commission, within the reform of the CFP, Where the Commission, within the reform of the CFP,
has proposed to establish Regional Advisory Councils
has proposed to establish Regional Advisory Councils
with a broad membership including representatives from with a broad membership including representatives from
fisheries and aquaculture sectors, environmental and
fisheries and aquaculture sectors, environmental and
consumer interests, national and/or regional and relevant
consumer interests, national and/or regional adminis-
local administrations, and scientists, it will seek to apply
trations, and scientists, it will seek to apply this model in
this model in other sectors. to build on this model in
other sectors.
such a way that Integrated Regional Advisory Councils
are established, aimed at all the relevant, interconnected
sectors.

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Official Journal of the European Union

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AMENDMENT 12

Section 8.2: Enhancing coordination and cooperation

Add:

Text proposed by the Commission

Amendment

Action 22

Action 22

At global level, the Commission will:

At global level, the Commission will:

—

—

—

promote improved co-ordination between all
bodies dealing with marine protection in the
framework of UNCLOS and Agenda 21 chapter 17;

ensure
co-ordinated Community position in
intergovernmental organisations to facilitate a
broad pan European consensus and European
influence;

pursue on-going dialogue and international scien-
tific and technological research cooperation with
partner countries and regions interested in promot-
ing the ecosystem-based approach to the marine
environment;

—

—

—

promote improved co-ordination between all
bodies dealing with marine protection in the
framework of UNCLOS and Agenda 21 chapter 17;

ensure
co-ordinated Community position in
intergovernmental organisations to facilitate a
broad pan European consensus and European
influence;

pursue on-going dialogue and international scien-
tific and technological research cooperation with
partner countries and regions interested in promot-
ing the ecosystem-based approach to the marine
environment, and actively promote this approach;

—

....

—

....

Brussels, 9 April 2003.

The President

of the Committee of the Regions

Albert BORE