Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a framework for maritime spatial planning and integrated coastal management
Date: 2013-03-12
Institutions: European Commission
Subjects: coastal pollution, economic development, management of resources, maritime area, resources of the sea, sustainable development, town and country planning, water management

EUROPEAN 
COMMISSION 

Brussels, 12.3.2013  
COM(2013) 133 final 

2013/0074 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

establishing a framework for maritime spatial planning and integrated coastal 
management 

{SWD(2013) 64 final} 
{SWD(2013) 65 final} 

EN 

   EN 

 
 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

1.1. 

General Context 

The European Union has set itself the objective to become a smart, sustainable and inclusive 
economy  by  2020.  Maritime  sectors  offer  areas  for  innovation,  sustainable  growth  and 
employment which should contribute to this objective. In October 2012, European Ministers 
for  Maritime  affairs  adopted  the  "Limassol  Declaration"  to  back  the  Europe  2020  Strategy1 
with  a  strong  maritime  pillar.  As  the  Commission identified  in the  Communication on Blue 
Growth, Opportunities for Marine and Maritime Sustainable Growth2, the present legislative 
proposal is an essential part of this ambition to develop Europe's Blue Economy. 

However,  increased  use  of  coastal  and  maritime  areas  as  well  as  climate  change  effects, 
natural  hazards,  erosion,  also  put  pressure  on  coastal  and  marine  resources.  They  require 
integrated  and  coherent  management  to  secure  sustainable  growth  and  preserve  coastal  and 
marine ecosystems for future generations. 

Maritime  spatial  planning  is  commonly  understood  as  a  public  process  for  analysing  and 
planning  the  spatial  and  temporal  distribution  of  human  activities  in  sea  areas  to  achieve 
economic, environmental and social objectives. The ultimate aim of maritime spatial planning 
is to draw up plans to identify the utilisation of maritime space for different sea uses. In 2008 
the Commission published its ‘Roadmap for Maritime Spatial Planning: Achieving Common 
Principles in the EU’3, followed by a 2010 Communication ‘Maritime Spatial Planning in the 
EU  —  Achievements  and  Future  Development’4,  which  paved  the  way  for  the  present 
proposal. 

Integrated coastal management is a tool for the integrated management of all policy processes 
affecting  the  coastal  zone,  addressing  land-sea  interactions  of  coastal  activities  in  a 
coordinated way with a view to ensuring the sustainable development of coastal and marine 
areas.  It  ensures  that  management  or  development  decisions  are  taken  coherently  across 
sectors.  A  2002  Recommendation  on  Integrated  Coastal  Zone  Management  defines  the 
principles of sound coastal planning and management and how to best implement them. The 
EU is also a contracting party to the Barcelona Convention, which established a Protocol on 
Integrated  coastal  management  that  entered  into  force  in  March  2011.  This  Protocol  makes 
integrated  coastal  management  compulsory  for  Member  States  bordering  the  Mediterranean 
Sea. 

Maritime spatial planning and integrated coastal management are complementary tools. Their 
geographical  scope  overlaps  in  the  coastal  and  territorial  waters  of  Member  States,  where 
maritime  spatial  plans  will  map  existing  human  activities  and  identify  their  most  effective 
future  spatial  development,  while  integrated  coastal  management  strategies  ensure  the 
integrated management of these human activities. Applied jointly, they both improve sea-land 
interface planning and management. 

1 
2 
3 
4 

COM(2010) 2020 final. 
COM(2012) 494 final. 
COM(2008) 791 final. 
COM(2010) 771 final. 

EN 

2 

   EN 

                                                 
1.2. 

Grounds for and objectives of the proposal 

The main purpose of the proposed directive is to promote the sustainable growth of maritime 
and coastal activities and the sustainable use of coastal and marine resources by establishing a 
framework  for  the  effective  implementation  of  maritime  spatial  planning  in  EU  waters  and 
integrated coastal management in the coastal areas of Member States. 

The increasing and uncoordinated use of coastal and maritime areas results in competition for 
maritime  and  coastal  space  and  inefficient  and  unsustainable  use  of  marine  and  coastal 
resources. Uncertainties and lack of predictability on appropriate access to the maritime space 
has created a suboptimal business climate for investors, with potential job losses. 

Ensuring  the  optimal  distribution  of  maritime  space  among  relevant  stakeholders  and  the 
coordinated  management  of  coastal  zones  is  essential  to  enable  concurrent  activities  to 
achieve  their  full  potential.  It  has  been  shown  to  lower  exploratory  research,  transaction, 
administrative and operating costs and to increase legal certainty particularly for SME's. 

To ensure the sustainability and environmental health of these various uses, maritime spatial 
planning  and  integrated  coastal  management  will  have  to  employ  an  ecosystem-based 
approach  that  ensures  the  protection  of  the  natural  resources  that  provide  the  basis  for 
carrying out the various activities. 

The proposed action therefore is not sector-specific, but covers all policy areas of the Treaty 
on the Functioning of the European Union (TFEU) with an impact on coasts, seas and oceans. 
It  supports  on-going  implementation  of  sea-related  policies  in  Member  States  through  more 
efficient  coordination  and  increased  transparency.  Maritime  spatial  plans  and  integrated 
coastal  management  strategies  can  also,  at  an  early  stage,  improve  the  articulation  of  and 
reduce conflicts between economic objectives and environmental legislation.  

The  operational  objectives  of  the Directive  are  procedural  in  nature.  Member  States  will  be 
required to develop and implement coherent processes to plan human uses of maritime space 
and to ensure the sustainable management of coastal areas, and to establish appropriate cross-
border  cooperation  among  them.  A  key  added  value  of  the  proposal  is  support  for  land-sea 
connectivity by requiring coherence between maritime spatial planning and integrated coastal 
management. 

Planning details and the determination of management objectives are left to Member States. 
The EU will not take part  in these  processes. The proposal does not interfere with Member 
States’ prerogatives for town and country planning (terrestrial planning). 

1.3. 

Consistency with other policies 

European  legislators  have  adopted  ambitious  policy  initiatives  relevant  for  the  oceans,  seas 
and coasts, to be implemented in the next 10 to 20 years. These initiatives include the Marine 
Strategy Framework Directive5, the Renewable Energy Directive6, and the Motorways of the 
Sea initiative7 and the Habitats Directive8. The EU is expected to adopt a reformed Common 
Fisheries  Policy  and,  under  the  new  financial  perspectives,  revised  structural  funds  (the 
Common  Strategic  Framework)  in  2013.  The  main  aim  of  this  proposal  is  to  facilitate  the 
coherent and sustainable implementation of these initiatives through an integrated process or 

5 
6 
7 
8 

Directive 2008/56/EC, OJ L 164, 25.6.2008, pp. 19-40. 
Directive 2009/28/EC, OJ L 140, 5.6.2009, pp. 16-62. 
Decision 884/2004/EC, OJ L 167, 30.04.2004, pp. 1-38. 
Council Directive 92/43/EEC, OJ L 206, 22.07.1992, pp. 7-50. 

EN 

3 

   EN 

                                                 
processes.  The  present  proposal  does  not  change  or  modify  the  acquis  for  any  policy  area 
under the TFEU.  

In  particular,  there  are  opportunities  for  the  Member  States  to  improve  effective 
implementation and reduce administrative burden when implementing maritime spatial plans 
and integrated coastal management strategies by applying the acquis in an integrated way.  

The  assessment  of  environmental  effects  of  maritime  spatial  plans  and  integrated  coastal 
management  strategies  must  be  carried  out  in  accordance  with  the  provisions  of  Directive 
2001/42/EC.9 Such a strategic environmental assessment will ensure a holistic consideration 
of the impacts, including cumulative ones, from the various human activities at an early stage 
and  therefor  facilitate  the  implementation  of  future  projects.  If  subsequently  environment 
impact assessments become necessary for individual projects, the specific assessment will be 
able  to  draw  on  the  analyses  already  carried  out  under  the  strategic  environmental  planning 
and therefor avoiding duplication of assessments and related administrative burden.  

2. 

RESULTS  OF  CONSULTATIONS  WITH  INTERESTED  PARTIES  AND 
IMPACT ASSESSMENT 

2.1. 

Public consultation 

The  European  Commission  organised  a  public  consultation  from  March  until  May  2011  to 
gather  input  from  stakeholders  on  the  status  and  future  of  maritime  spatial  planning  and 
integrated coastal management in the European Union. 

The results confirmed that conflicts in the use of sea space are becoming more frequent, and 
supported  a  common  approach  for  implementing  maritime  spatial  planning  in  EU  waters, 
bearing  in  mind  the  particularities  of  each  region.  Ensuring  the  appropriate  coordination  of 
MSP  processes  with  integrated  coastal  management  strategies  was  considered  important. 
While  EU  action  on  cross-border  issues  was  seen  as  particularly  useful,  there  was  no  clear 
answer as to the best choice of instrument. 

2.2. 

Impact assessment 

The Impact Assessment (IA) assessed the effectiveness and the economic, environmental and 
social impacts of the following three options: (1) guidance and development of best practice, 
(2)  non-binding  measures,  and  (3)  legally  binding  measures,  including  a  ‘framework-type’ 
Directive or Regulation. 

The  IA  concluded  that  even  though  non-binding  options  offer  some  advantages,  a  legally 
binding  approach  by  means  of  a  Directive  is  the  most  appropriate  instrument  which  can 
ensure  predictability,  stability,  and  transparency  of  maritime  spatial  planning  and  integrated 
coastal  management,  while  safeguarding  proportionality  and  subsidiarity  by  leaving  the 
flexibility  for  implementation  to  Member  State  and  not  interfering  with  Member  State 
competences. A Directive is also the most appropriate option to guarantee that timelines for 
implementation are coherent with the timeframes of other relevant EU legislation and policy 
initiatives (e.g. Renewable Energy Directive, Marine Strategy Framework Directive, Europe 
2020 targets, etc.) and to foster growth of economic activities at sea in a context of increased 
competition for space. 

9 

OJ L 197, 21.7.2001, pp. 30-37. 

EN 

4 

   EN 

                                                 
The  IA  Board  delivered  its  final  opinion  on  the  impact  assessment  on  30  April  2012.  The 
Impact  Assessment  Report  and  an  Executive  Summary  are  published  with  the  present 
proposal along with the opinion of the Impact Assessment Board. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

3.1. 

Summary of the proposed action 

The  proposal  establishes  a  framework  for  maritime  spatial  planning  and  integrated  coastal 
management in the form of a systematic, coordinated, inclusive and trans-boundary approach 
to  integrated  maritime  governance.  It  obliges  Member  States  to  carry  out  maritime  spatial 
planning  and  integrated  coastal  management  in  accordance  with  national  and  international 
law. The aim of the action is for Member States to establish a process or processes that cover 
the  full  cycle  of  problem  identification,  information  collection,  planning,  decision-making, 
management, monitoring of implementation, and stakeholder participation.  

The  maritime  spatial  plans  and  integrated  coastal  management  strategies  will  not  set  new 
sectorial  policy  targets.  They  have  the  purpose  to  reflect,  integrate  and  link  the  objectives 
defined  by  national  or  regional  sectorial  policies,  to  identify  steps  to  prevent  or  alleviate 
conflicts  between  different  sectors  and  to  contribute  to  the  achievement  of  the  Union's 
objectives  in  marine  and  coastal  related  sectorial  policies.  Most  importantly,  the  proposal 
requires Member State action to aim for coherence of management across sea basins, through 
trans-boundary cooperation in the same marine region or sub-region and related coastal zone 
and appropriate data collection and exchange. 

Implementing acts will ensure consistent implementation of the Directive throughout the EU 
and facilitate reporting from the Member States to the Commission and, where relevant, the 
exchange of data between Member States and with the Commission.  

3.2. 

Legal basis 

The  proposal  supports  the  implementation  of  the  EU’s  Integrated  Maritime  Policy  (IMP), 
including the Marine Strategy Framework Directive as its environmental pillar. The objective 
of  the  IMP  is  to  ensure  that  the  sectoral  policies  of  the  Treaty  on  the  Functioning  of  the 
European  Union  (TFEU)  that  have  a  bearing  on  the  maritime  space  are  implemented  in  a 
coherent  way  so  as  to  achieve  multiple  concurrent  objectives  of  an  economic,  social  and 
environmental nature. 

The proposal is based on Articles 43(2), 100(2), 192(1) and 194(2) TFEU. Activities covered 
by these policies compete for maritime space and the use of coastal resources. The processes 
to  be  set  up  should  aim  to  ensure  that  the  activities  envisaged  in  each  sector  can  be 
implemented  without  detriment  to  one  other  so  as  to  achieve  their  individual  aims  while 
jointly  contributing  to  the  sustainable  growth  of  maritime  and  coastal  economies  and  the 
sustainable use of marine and coastal resources.  

3.3. 

Subsidiarity principle and added value 

The proposal is in conformity with the subsidiarity principle set out in Article 5 of the Treaty 
on  European  Union  (TEU).  Issues  such  as  the  choice  of  actual  developments,  location  of 
investment,  priority  setting  and  determining  solutions  are  a  matter  for  national  or  local 
decision-making.  The  planning  process  as  such  should  be  carried  out  by  authorities  in  the 
Member  States  in  accordance  with  their  national  governance  and  constitutional  structures, 
national  sectorial  policy  priorities  and,  to  the  greatest  possible  extent,  build  on  existing 
mechanisms and policies. 

EN 

5 

   EN 

EU Action is of added value to (1) ensure and streamline Member State action on maritime 
spatial  planning  and  integrated  coastal  management  to  guarantee  consistent  and  coherent 
implementation  across  the  EU  and  to  (2).  ensure  a  framework  for  co-operation  between 
Member  States  on  maritime  spatial  planning  and  integrated  coastal  management  that  share 
marine  regions  and  sub-regions  Cross-border  co-operation  on  maritime  spatial  planning  and 
integrated  coastal  management  in  EU  marine  regions  and  sub-regions  is  essential  as  marine 
ecosystems, fishing grounds, marine protected areas as well as maritime infrastructures, such 
as  cables,  pipelines,  shipping  lanes,  oil,  gas  and  wind  installations,  etc.  run  across  national 
borders.  

3.4. 

Proportionality principle 

The proposal is in conformity with the proportionality principle set out in Article 5(4) TEU. 

The proposal is limited to obliging Member States to set up or maintain a process or processes 
for  maritime  spatial  planning  and  integrated  coastal  management.  It  establishes  a  set  of 
minimum requirements for these processes, building on existing experience in Member States 
and enabling their incorporation and continuation under a common EU framework. 

Reporting  requirements  are  kept  to  a  minimum  necessary  to  assess  its  implementation.  The 
Commission will ensure that maximum use will be made of existing reporting requirements. 
The  Commission  will  use  the  information  reported  by  the  Member  States  and  any  other 
relevant  information  available  through  EU  legislation  including  Article  19(3)  of  Directive 
2008/56/EC,  to  inform  the  European  Parliament  and  the  Council  on  progress  made  in 
implementing this Directive. 

In  accordance  with  the  Joint  Political  Declaration  between  Member  States  and  the 
Commission on explanatory documents10, the Commission has examined whether explanatory 
documents  will  be  necessary  to  carry  out  its  task  of  overseeing  the  transposition  of  this 
Directive.  It  has  hereby  given  due  consideration  to  the  nature  of  the  Directive,  the 
proportionality principle and possible additional administrative burden. In view of the limited 
number of legal obligations in this Directive, the Commission considers that it would have no 
difficulty  in  overseeing  the  correct  transposition  of  this  Directive.  The  Commission  does 
therefore  not  request  Member  States  to  accompany  the  notification  of  their  transposition 
measures  with  documents  explaining  the  relationship  between  the  components  of  the 
Directive and the corresponding parts of national transposition measures. 

3.5. 

Choice of instrument 

The Commission proposes a Directive requiring Member States to establish maritime spatial 
plans  and  integrated  coastal  management  strategies,  while  respecting  Member  States’ 
prerogatives  to  tailor  their  content  to  their  specific  economic,  social  and  environmental 
priorities  and  national  sectorial  policy  objectives  and  legal  traditions.  Subsidiarity  and 
proportionality  considerations  led  to  the  conclusion  that  a  Regulation  would  not  be 
appropriate. Also, the procedural and process-based nature of the instrument is best reflected 
in  a  framework-type  Directive.  Conversely,  a  non-binding  instrument  would  not  be 
appropriate  because  it  would  not  achieve  some  of  the  policy  objectives,  namely  the 
requirement to have all coastal Member States apply maritime spatial planning and integrated 
coastal management and to ensure trans-boundary cooperation. Finally, a legislative approach 
also ensures that the above processes will be implemented within agreed timeframes. 

10 

OJ 2011/C 369/02 

EN 

6 

   EN 

                                                 
3.6. 

Detailed explanation of the proposal 

The proposal contains two parts, the Directive and its Annex. 

3.6.1.  The Directive 

Article 1 sets out the subject matter of the Directive. 

Article 2 sets out the scope of the Directive. 

Article 3 defines the terms used in the Directive. 

Article  4  deals  with  the  establishment  of  maritime  spatial  plans  and  integrated  coastal 
management strategies at Member State level. 

Article  5  deals  with  the  objectives  for  maritime  spatial  plans  and  integrated  coastal 
management strategies at Member State level. 

Article  6  specifies  the  minimum  common  requirements  for  maritime  spatial  plans  and 
integrated coastal management strategies. 

Article 7 specifies the minimum requirements for maritime spatial plans. 

Article 8 specifies the minimum requirements for integrated coastal management strategies. 

Article  9  provides  for  public  participation  in  the  development  of  maritime  spatial  plans  and 
integrated coastal management strategies. 

Article  10  deals  with  data  collection  and  exchange  of  information  in  support  of  maritime 
spatial plans and integrated coastal management strategies. 

Article 11 provides for assessment of the environmental effects of maritime spatial plans and 
integrated coastal management strategies. 

Article 12 deals with bilateral and multilateral cooperation between Member States in order to 
ensure consistent implementation across coastal zones and marine regions or sub-regions. 

Article 13 concerns cooperation with third countries. 

Article  14  sets  out  the  provisions  for  the  designation  of  competent  authorities  for  the 
implementation of the Directive. 

Article 15 provides for Member States to report on implementation to the Commission and for 
the  Commission  to  report  to  the  European  Parliament  and  Council  on  the  progress  made  in 
implementing this Directive. 

Article  16  outlines  the  operational  specifications  and  steps  for  implementation  of  this 
Directive for which the Commission may adopt implementing acts. 

Article  17  establishes  the  mechanisms  for  control  by  Member  States  of  the  Commission’s 
exercise of its implementing powers. 

Article 18 establishes the rules for transposition of this Directive by the Member States. 

Article 19 provides that the Directive will enter into force on the twentieth day following that 
of its publication in the Official Journal of the European Union. 

Article 20 names the Member States as addressees of the Directive. 

3.6.2.  Annex 

Annex I  lists the  items of information on  competent authorities  that  Member States have to 
provide to the Commission. 

EN 

7 

   EN 

2013/0074 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

establishing a framework for maritime spatial planning and integrated coastal 
management 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Articles 43(2), 100(2), 192(1), and 194(2) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 
Having regard to the opinion of the European Economic and Social Committee11, 
Having regard to the opinion of the Committee of the Regions12, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

The  high  and  rapidly  increasing  demand  for  maritime  space  for  different  purposes, 
such  as  renewable  energy  installations,  maritime  shipping  and  fishing  activities, 
ecosystem  conservation  and  tourism  and  aquaculture  installations,  as  well  as  the 
integrated  planning  and 
multiple  pressures  on  coastal  resources  require  an 
management approach. 

Such  an  approach  to  ocean  management  has  been  developed  in  the  Integrated 
Maritime  Policy13  for  the  European  Union,  including,  as  its  environmental  pillar, 
Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 
establishing a framework for Community action in the field of marine environmental 
policy14. The objective of the Integrated Maritime Policy is to support the sustainable 
development of seas and oceans and to develop coordinated, coherent and transparent 
decision-making in relation to the Union’s sectoral policies affecting the oceans, seas, 
islands,  coastal  and  outermost  regions  and  maritime  sectors,  including  through  sea-
basin strategies or macro-regional strategies. 

The  Integrated  Maritime  Policy  identifies  maritime  spatial  planning  and  integrated 
coastal  management  as  cross-cutting  policy  tools  for  public  authorities  and 
stakeholders  to  apply  a  coordinated,  integrated  approach.  The  application  of  an 
ecosystem-based approach will contribute to promoting the sustainable growth of the 
maritime  and  coastal  economies  and  the  sustainable  use  of  marine  and  coastal 
resources. 

11 
12 
13 
14 

OJ C , , p. . 
OJ C , , p. . 
COM(2007) 575 final. 
OJ L 164, 25.6.2008. 

EN 

8 

   EN 

                                                 
(4)  Maritime spatial planning and integrated coastal management support and facilitate the 
implementation  of  the  Europe  2020  Strategy  for  smart,  sustainable  and  inclusive 
growth15,  endorsed  by  the  European  Council  in  June  201016,  which  aims  to  deliver 
high levels of employment, productivity and social cohesion, including promotion of a 
more competitive, resource efficient and greener economy. The coastal and maritime 
sectors  have  a  significant  potential  for  sustainable  growth  and  are  key  to  the 
implementation of the Strategy. 
In  its  recent  Communication  on  Blue  Growth17,  Opportunities  for  Marine  and 
Maritime Sustainable Growth, the Commission has identified a number of ongoing EU 
initiatives  which  are  intended  to  implement  the  Europe  2020  Strategy  for  smart, 
sustainable and inclusive growth. The Communication has also identified a number of 
sector activities on which blue growth initiatives should focus in the future and which 
should  be  adequately  supported  by  maritime  spatial  plans  and  integrated  coastal 
management strategies. 

(5) 

(6) 

(7) 

(8) 

Regulation  (EU)  No  1255/2011,  establishing  a  programme  to  support  the  further 
the 
development  of  an  Integrated  Maritime  Policy,  supports  and  facilitates 
implementation of maritime spatial planning and integrated coastal management. This 
Regulation provides appropriate funding for maritime spatial planning and integrated 
coastal  management  projects  for  2011-2013.  Regulation  (EU)  No  XXXX/XX  of  the 
European Parliament and of the Council on the European Maritime and Fisheries Fund 
provides for appropriate funding for such projects for 2014-202018. 

The  United  Nations  Convention  on  the  Law  of  the  Sea  (UNCLOS)  states  in  its 
preamble that issues relating to the use of ocean space are closely interrelated and need 
to be considered as a whole. Planning of ocean space is the logical advancement and 
structuring of the use of rights granted under UNCLOS and a practical tool in assisting 
Member States to comply with their obligations. 

In  order  to  ensure  the  appropriate  apportionment  of  maritime  space  among  relevant 
uses and the coordinated management of coastal zones, a framework should be put in 
place that consists at least in the establishment and implementation by Member States 
of maritime spatial plans and integrated coastal management strategies. 

(9)  Maritime  spatial  planning  and  integrated  coastal  management  will  result  in  better 
coordination of maritime and coastal activities, which can lead to significant economic 
benefits by providing transparency, predictability and stability for investors as well as 
lowering coordination and transaction costs. 

(10) 

In order to ensure consistency and  legal  clarity, the  geographical  scope  for  maritime 
spatial  planning  and  integrated  coastal  management  strategiesshould  be  defined  in 
conformity  with  existing  legislative  instruments  of  the  Union  and  international 
maritime law. 

(11)  The geographical scope of marine waters and coastal zones overlaps in the coastal and 
territorial  waters  of  Member  States.  The  tools  of  maritime  spatial  planning  and 
integrated  coastal  management  are  complementary,  as  they  respectively  focus  on 
mapping existing and potential human activities for the purpose of preparing maritime 

15 
16 
17 
18 

COM(2010) 2020 final. 
Council Conclusions of 17 June 2010. 
COM(2012) 494 final. 
Proposal COM(2011) 804 final. 

EN 

9 

   EN 

                                                 
spatial  plans  in  marine  waters  and  on  the  identification  of  measures  for  integrated 
management of these human activities in coastal zones. The joint coherent application 
of Maritime Spatial Plans and Integrated Coastal Management Strategies will improve 
the land-sea interface planning and management. 

(12)  While it is appropriate for the Union to lay down rules on maritime spatial plans and 
integrated  coastal  management  strategies,  Member  States  and  their  competent 
authorities  remain  responsible  for  designing  and  determining,  within  their  marine 
waters  and  coastal  zones,  the  content  of  such  plans  and  strategies,  including  the 
apportionment of maritime space to the different sector activities. 

(13)  So  as  to  respect  proportionality  and  subsidiarity,  as  well  as  minimise  additional 
administrative burden, transposition and implementation of this Directive should to the 
greatest extent possible build upon existing national rules and mechanisms. Integrated 
coastal management strategies should build on the principles and elements set out in 
Council Recommendation 2002/413/EC and Council Decision 2010/631/EU. 

(14) 

In marine waters and coastal zones, ecosystems and marine and coastal resources are 
subject  to  significant  pressures.  Human  activities,  but  also  climate  change  effects, 
natural hazards and shoreline dynamics such as erosion and accretion, can have severe 
impacts on coastal economic development and growth, as well as coastal and marine 
ecosystems, leading to deterioration of environmental status, loss of biodiversity and 
degradation  of  ecosystem  services.  Due  regard  should  be  given  to  these  various 
pressures  in  the  establishment  of  maritime  spatial  plans  and  integrated  coastal 
management  strategies.  Moreover,  healthy  coastal  and  marine  ecosystems  and  their 
multiple services, if integrated in planning decisions, can deliver substantial benefits in 
terms  of  food  production,  recreation  and  tourism,  climate  change  mitigation  and 
adaptation, shoreline dynamics control and disaster prevention.  

(15)  Maritime  spatial  planning  and  integrated  coastal  management  should  apply  the 
ecosystem-based approach as referred to in Article 1(3) of Directive 2008/56/EC so as 
to ensure that the collective pressure of all activities is kept within levels compatible 
with  the  achievement  of  good  environmental  status  and  that  the  capacity  of  marine 
ecosystems to respond to human-induced changes is not compromised, while enabling 
the sustainable use of marine goods and services by present and future generations. 

(16)  Maritime  spatial  planning  and  integrated  coastal  management  will  contribute,  inter 
alia, to achieving the aims of Directive 2009/28/EC of the European Parliament and of 
the  council  of  23  April  2009  on  the  promotion  of  the  use  of  energy  from  renewable 
sources19,  Council  Regulation  2371/2002  of  20  December  2002  on  the  conservation 
and  sustainable  exploitation  of  fisheries  resources  under  the  Common  Fisheries 
Policy20,  Decision  884/2004/EC  of  the  European  Parliament  and  of  the  Council 
amending Decision No 1692/96/EC on Community guidelines for the development of 
the  trans-European  transport  network21,  Directive  2000/60/EC  of  the  European 
Parliament  and  of  the  Council  of  23  October  2000  establishing  a  framework  for 
Community action in the field of water policy, Directive 2008/56/EC of the European 
Parliament  and  of  the  Council  of  17  June  2008  establishing  a  framework  for 
community  action  in  the  field  of  marine  environmental  policy,  the  EU  Biodiversity 

19 
20 
21 

OJ L 140, 5.6.2009, pp. 16-62.  
OJ L 358, 31.12.2002, p. 59–80. 
OJ L 167, 30/04/2004, pp. 1-38. 

EN 

10 

   EN 

                                                 
Strategy  for  202022,  the  Roadmap  towards  a  Resource  Efficient  Europe,23  the  EU 
Strategy on Adaptation to Climate Change24 well as, where appropriate, those of the 
EU Regional Policy, including the sea-basin and macro-regional strategies.  

(17)  Maritime  and  coastal  activities  are  often  closely  interrelated.  This  requires  maritime 
spatial  plans  and  integrated  coastal  management  strategies  to  be  coordinated  or 
integrated in order to guarantee the sustainable use of maritime space and management 
of coastal areas taking account of social, economic and environmental factors. 

(18) 

In  order  to  achieve  the  objectives  of  this  Directive,  maritime  spatial  plans  and 
integrated  coastal  management  strategies  should  cover  the  full  cycle  of  problem 
identification, information collection, planning, decision-making, implementation and 
monitoring  of  implementation  and  be  based  on  best  available  scientific  knowledge. 
Best  use  should  be  made  of  mechanisms  set  out  in  existing  or  future  legislation, 
including  Decision  2010/477/EU  on  criteria  and  methodological  standards  for  good 
environmental status of marine waters or the Commission's Marine Knowledge 2020 
initiative25. 

(19)  The main purpose of maritime spatial planning is to identify and manage spatial uses 
and conflicts in maritime areas. In order to achieve that purpose, Member States need 
at least to ensure that the planning process or processes result in a comprehensive map 
identifying  the  different  uses  of  maritime  space,  taking  into  consideration  long  term 
changes due to climate change.  

(20)  Member  States  should  consult  and  coordinate  their  plans  and  strategies  with  the 
relevant Member State or third country authorities in the marine region or sub-region 
or  coastal  zone  concerned  in  conformity  with  the  rights  and  obligations  of  these 
Member  States  and  third  countries  under  European  and  international  law.  Effective 
cross  border  cooperation  between  Member  States  and  with  neighbouring  third 
countries requires that the competent authorities in each Member State are identified. 
Member  States  therefore  need  to  designate  the  competent  authority  or  authorities 
responsible  for  cooperation  with  other  Member  States  or  third  countries.  Given  the 
differences between various marine regions or sub-regions and coastal zones, it is not 
appropriate to prescribe in detail in this Directive how these cooperation mechanisms 
should look. 

(21)  A  variety  of  measures  under  different  policies  apply  in  coastal  zones.  In  order  to 
achieve the objectives of this Directive, Member States should prepare an inventory of 
these measures and analyse the need for additional actions, such as actions to prevent 
erosion and manage accretion, adapt to the effects of climate change, combat coastal 
and  marine  litter,  develop  green  infrastructure  and  help  prevent  natural  disasters. 
These should be applied in a coordinated and integrated way. In doing this, Member 
States  should  consider  all  relevant  coastal  activities  and  pay  particular  attention  to 
cross-sectoral and land-sea interactions between these activities. 

(22)  The  management  of  maritime  and  coastal  areas  is  complex  and  involves  different 
levels of authorities, economic operators and other stakeholders. In order to guarantee 
sustainable  development  in  an  effective  manner,  it  is  essential  that  stakeholders, 
authorities  and  the  public  are  consulted  at  an  appropriate  stage  in  the  preparation  of 

22 
23 
24 
25 

COM(2011) 244 final. 
COM(2011) 571 final. 
COM(2013) XXX. 
COM(2010) 461 final. 

EN 

11 

   EN 

                                                 
maritime  spatial  plans  and  integrated  coastal  management  strategies  under  this 
Directive,  in  accordance  with  relevant  EU  legislation.  A  good  example  for  public 
consultation provisions can be found in article 2(2) of Directive 2003/35. 

(23)  Through maritime spatial plans and integrated coastal management strategies Member 
States  can  reduce  administrative  burden  and  costs  in  support  of  their  action  to 
implement  other  relevant  Union  legislation.  The  timelines  for  maritime  spatial  plans 
and  integrated  coastal  management  strategies  should  therefore  be  coherent  with  the 
timetables  set  out  in  other  relevant  legislation,  especially:  Directive  2009/28/EC, 
which requires that Member State shall ensure that the share of energy from renewable 
sources  in  gross  final  consumption  of  energy  in  2020  is  at  least  20  %  and  which 
identifies  coordination  of  authorisation,  certification  and  planning  procedures, 
including  spatial  planning  as  an  important  contribution  to  achievement  of  the  EU’s 
renewable  energy  targets;  Directive  2008/56/EC  and  Annex  A(6)  to  Decision 
2010/477/EU, which requires that Member States shall take the necessary measures to 
achieve or maintain good environmental status in the marine environment by 2020 and 
which  identify  maritime  spatial  planning  as  a  tool  to  support  the  ecosystem-based 
approach  to  the  management  of  human  activities  in  order  to  achieve  good 
environmental  status;  Decision  884/2004/EC  of  the  European  Parliament  and  of  the 
Council  amending  Decision  No  1692/96/EC  on  Community  guidelines  for  the 
development  of  the  trans-European  transport  network  which  requires  that  the  trans-
European transport network shall be established by 2020 by integrating Europe's land, 
sea and air transport infrastructure networks. 

(24)  Environmental  assessment  is  an  important  and  established  tool  for  integrating 
environmental  considerations  into  the  preparation  and  adoption  of  plans  and 
programmes. As maritime spatial plans and integrated coastal management strategies 
are likely to have significant effects on the environment, they should be subject to the 
provisions of Directive 2001/42/EC of the European Parliament and of the Council on 
the assessment of the effects of certain plans and programmes on the environment26. 
When  maritime  spatial  plans  and  integrated  coastal  management  strategies  include 
Natura  2000  sites,  such  an  environmental  assessment  can  be  combined  with  the 
requirements of Article 6 of Directive 92/43/EEC, to avoid duplication.  

(25) 

In  order  to  ensure  that  the  establishment  of  maritime  spatial  plans  and  integrated 
coastal  management  strategies  is  based  on  reliable  data  and  to  avoid  additional 
administrative burden, it is essential that Member States collect the best available data 
and  information  by  making  use  of  existing  instruments  and  tools  for  data  collection, 
such as those developed in the context of the Marine Knowledge 2020 initiative. 

(26)  Member  States  should  produce  national  reports  to  the  Commission  to  monitor  the 
implementation of this Directive. In order to minimise administrative burden, Member 
States  should  be  able  to  use  reporting  done  under  relevant  legislation,  including  the 
reporting  under  Directive  2008/56/EC.  The  Commission  will  use  the  information 
reported  by  the  Member  States  and  any  other relevant information  available  through 
EU legislation, to inform the European Parliament and the Council on progress made 
in implementing this Directive. 

(27) 

In order to ensure the uniform implementation of this Directive, in particular regarding 
data  management  and  operational  steps  for  the  establishment,  implementation  and 
reporting  of  maritime  spatial  plans  and  integrated  coastal  management  strategies, 

26 

OJ L 197, 21.07.2001. 

EN 

12 

   EN 

                                                 
including  technical  formats  for  data  sharing,  implementing  powers  should  be 
conferred on the Commission. Those powers should be exercised in accordance with 
Regulation  (EU)  182/2011  of  the  European  Parliament  and  of  the  Council  of  16 
February  2011  laying  down  the  rules  and  general  principles  concerning  mechanisms 
for  control  by  the  Member  States  of  the  Commission’s  exercise  of  implementing 
powers27. 

(28)  Timely transposition of the provisions of this Directive is essential since the EU has 
adopted a number of policy initiatives that are to be implemented by the year 2020 and 
which  this  Directive  aims  to  support.  The  shortest  possible  deadline  for  the 
transposition of this Directive should therefore be adopted. 

HAVE ADOPTED THIS DIRECTIVE: 

CHAPTER I 

GENERAL PROVISIONS 

Article 1 

Subject matter 

1. 

2. 

1. 

2. 

3. 

This Directive establishes a framework for maritime spatial planning and integrated 
coastal  management  aiming  at  promoting  the  sustainable  growth  of  maritime  and 
coastal economies and the sustainable use of marine and coastal resources. 

Within the Integrated Maritime Policy of the Union, this framework provides for the 
establishment and implementation by Member States of maritime spatial plans and of 
integrated  coastal  management  strategies  with  the  aim  of  meeting  the  objectives 
specified in Article 5. 

Article 2 

Scope 

The provisions of this Directive shall apply to marine waters and coastal zones. 

This  Directive  shall  not  apply  to  activities  the  sole  purpose  of  which  is  defence  or 
national security. Each Member State shall, however, endeavour to ensure that such 
activities are conducted in a manner compatible with the objectives of this Directive. 

The  provisions  of  this  Directive  shall  be  without  prejudice  to  Member  States’ 
competences for town and country planning. 

Article 3 

Definitions 

For the purposes of this Directive, the following definitions apply: 

27 

OJ L 55, 28.2.2011, p. 13. 

EN 

13 

   EN 

                                                 
1. 

2. 

3. 

4. 

5. 

6. 

7. 

1. 

2. 

3. 

4. 

‘Coastal  zone’  means  the  geomorphologic  area  on  both  sides  of  the  seashore  area 
with as the seaward limit the external limit of the territorial seas of Member States 
and  as  the  landward  limit,  the  limit  as  defined  by  the  Member  States  in  their 
integrated coastal management strategies. 

‘Integrated  Maritime  Policy’  means  the  Union  policy  with  the  aim  to  foster 
coordinated and coherent decision-making to maximise the sustainable development, 
economic growth and social cohesion of Member States, in particular with regard to 
coastal,  insular  and  outermost  regions  in  the  Union,  as  well  as  maritime  sectors, 
through coherent maritime-related policies and relevant international cooperation. 

‘Marine region or sub-region’ means the marine regions and sub-regions referred to 
in Article 4 of Directive 2008/56/EC. 

‘Marine waters’ means the waters, the seabed and subsoil as defined in Article 3(1) 
of Directive 2008/56/EC. 

‘Public’  means  involving  one  or  more  natural  or  legal  persons  and,  in  accordance 
with national legislation or practice, their associations, organisations or groups. 

‘Sector activities’ means those activities falling under the Union policies referred to 
in Part Three of the Treaty on the Functioning of the European Union which have an 
impact on marine waters and coastal zones. 

‘Good  environmental  status’  means  the  environmental  status  referred  to  in  Article 
3(5) of Directive 2008/56/EC. 

CHAPTER II 
Maritime spatial plans and integrated coastal management strategies 

Article 4 

Establishment and implementation of maritime spatial plans and integrated coastal 
management strategies 

Each  Member  State  shall  establish  and  implement  a  maritime  spatial  plan  or  plans 
and an integrated coastal management strategy or strategies. They may be prepared 
in separate documents. 

Maritime spatial plans and integrated coastal management strategies shall pursue the 
objectives  listed  in  Article  5  and  fulfil  the  minimum  requirements  referred  to  in 
Articles 6, 7 and 8.  

When  establishing  maritime  spatial  plans  and  integrated  coastal  management 
strategies,  Member  States  shall  give  due  regard  to  the  particularities  of  the  regions 
and  the  sub-regions,  the  respective  sector  activities,  the  marine  waters  and  coastal 
zones concerned and potential climate change impacts. 

Maritime spatial plans and integrated coastal management strategies may include or 
build  on  mechanisms  that  have  been  or  are  being  established  before  the  entry  into 
force  of  this  Directive,  provided  their  content  is  in  conformity  with  the  minimum 
requirements specified in Articles 6, 7 and 8.  

EN 

14 

   EN 

Article 5 

Objectives of maritime spatial plans and integrated coastal management strategies 

Maritime  spatial  plans  and  integrated  coastal  management  strategies  shall  apply  an 
ecosystem-based  approach  to  facilitate  the  co-existence  and  prevent  conflicts  between 
competing sector activities in marine waters and coastal zones, and shall aim to contribute to: 

(a) 

(b) 

(c) 

(d) 

securing  the  energy  supply  of  the  Union  by  promoting  the  development  of  marine 
energy  sources,  the  development  of  new  and  renewable  forms  of  energy,  the 
interconnection of energy networks, and energy efficiency; 

promoting  the  development  of  maritime  transport  and  providing  efficient  and  cost-
effective  shipping  routes  across  Europe,  including  port  accessibility  and  transport 
safety; 

fostering  the  sustainable  development  and  growth  of  the  fisheries  and  aquaculture 
sector, including employment in fisheries and connected sectors; 

ensuring the preservation, protection and improvement of the environment as well as 
the  prudent  and  rational  use  of  natural  resources,  notably  in  order  to  achieve  good 
environmental  status,  halt  the  loss  of  biodiversity  and  degradation  of  ecosystem 
services and reduce marine pollution risks; 

(e) 

ensuring climate resilient coastal and marine areas. 

Article 6 

Common minimum requirements for maritime spatial plans and integrated coastal 
management strategies 

1. 

2. 

Maritime  spatial  plans  and  integrated  coastal  management  strategies  shall  establish 
operational steps to achieve the objectives as set out in Article 5 taking into account 
all relevant activities and measures applicable to them. 

In  doing  so,  maritime  spatial  plans  and  integrated  coastal  management  strategies 
shall, at least: 

(a)  be mutually coordinated, provided they are not integrated; 

(b) 

(c) 

ensure  effective  trans-boundary  cooperation  between  Member  States,  and 
between national authorities and stakeholders of the relevant sector policies; 

identify  the  trans-boundary  effects  of  maritime  spatial  plans  and  integrated 
coastal  management  strategies  on  the  marine  waters  and  coastal  zones  under 
the sovereignty or jurisdiction of third countries in the same marine region or 
sub-region and related coastal zones and deal with them in cooperation with the 
competent authorities of these countries in accordance with Articles 12 and 13; 

3. 

Maritime  spatial  plans  and  integrated  coastal  management  strategies  shall  be 
reviewed at least every 6 years. 

EN 

15 

   EN 

1. 

2. 

1. 

2. 

Article 7 

Specific minimum requirements for maritime spatial plans 

Maritime  spatial  plans  shall  contain  at  least  a  mapping  of  marine  waters  which 
identifies  the  actual  and  potential  spatial  and  temporal  distribution  of  all  relevant 
maritime activities in order to achieve the objectives as set out in Article 5. 

When  establishing  maritime  spatial  plans  Member  States  shall 
consideration, at least, the following activities: 

take 

into 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

 installations  for  the  extraction  of  energy  and  the  production  of  renewable 
energy;  

 oil and gas extraction sites and infrastructures;  

 maritime transport routes; 

 submarine cable and pipeline routes;  

 fishing areas;  

 sea farming sites; 

(g) 

 nature conservation sites. 

Article 8 

Specific minimum requirements for integrated coastal management strategies 

Integrated  coastal  management  strategies  shall  contain  at  least,  an  inventory  of 
existing measures applied in coastal zones and an analysis of the need for additional 
actions  in  order  to  achieve  the  objectives  set  out  in  Article  5.  The  strategies  shall 
provide  for  integrated  and  cross-sectoral  policy  implementation  and  consider 
interactions between terrestrial and maritime activities.  

When  establishing  integrated  coastal  management  strategies,  Member  States  shall 
take into consideration, at least, the following activities: 

(a)  utilisation of specific natural resources including installations for the extraction 

of energy and the production of renewable energy;  

(b)  development  of  infrastructure,  energy  facilities,  transport,  ports,  maritime 

works and other structures including green infrastructure; 

(c) 

(d) 

(e) 

agriculture and industry; 

fishing and aquaculture; 

conservation,  restoration  and  management  of  coastal  ecosystems,  ecosystem 
services and nature, coastal landscapes and islands; 

(f)  mitigation and adaptation to climate change. 

EN 

16 

   EN 

Article 9 

Public participation 

1. 

2. 

3. 

1. 

Member  States  shall  establish  means  for  the  public  participation  of  all  interested 
parties at an early stage in the development of maritime spatial plans and integrated 
coastal management strategies. 

Public participation shall ensure that the relevant stakeholders and authorities and the 
public concerned are consulted on the draft plans and strategies and have access to 
the results once available. 

When  establishing  means  of  public  consultation,  Member  States  shall  act  in 
accordance with relevant provisions in other Union legislation. 

Article 10 

Data collection and exchange of information 

Member  States  shall  organise  the  collection  of  the  best  available  data  and  the 
exchange of information necessary for maritime spatial plans and integrated coastal 
management strategies. 

2. 

The data referred to in paragraph 1 shall include: 

(a)  Environmental, social and economic data collected according to the provisions 

of Union legislation pertaining to the activities referred to in Articles 7 and 8; 

(b)  Marine  physical  data  in  marine  waters  and  geomorphological  data  in  coastal 

zones. 

3. 

When organising the collection and exchange of the data referred to in paragraph 1, 
Member States shall make use, as far as possible, of instruments and tools developed 
under the Integrated Maritime Policy. 

Article 11 

Assessment of environmental effects 

Maritime  spatial  plans  and  integrated  coastal  management  strategies  are  subject  to  the 
provisions of Directive 2001/42/EC. 

Article 12 

Cooperation with other Member States  

1. 

Each  Member  State  bordering  a  coastal  zone  or  maritime  area  of  another  Member 
State  shall  cooperate  to  ensure  that  maritime  spatial  plans  and  integrated  coastal 
management  strategies  are  coherent  and  coordinated  across  the  coastal  zone  or 
marine region and/or sub-region concerned. Such cooperation shall in particular take 
into account issues of a transnational nature, such as cross-border infrastructure. 

2. 

The cooperation referred to in paragraph 1 shall be pursued through: 

EN 

17 

   EN 

 
(a) 

(b) 

regional  institutional  cooperation  structures  covering  the  coastal  zone  or  the 
marine region or sub-region concerned, or 

a  dedicated  network  of  Member  States’  competent  authorities  covering  the 
marine region and/or sub-region concerned. 

Article 13 

Cooperation with third countries 

Member States bordering a coastal zone or maritime area of a third country shall make every 
effort to coordinate their maritime spatial plans and integrated coastal management strategies 
with  that  third  country  in  the  marine  region  or  sub-region  and  the  related  coastal  zone 
concerned. 

CHAPTER III 

IMPLEMENTATION 

Article 14 

Competent authorities 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

Each Member State shall designate for each coastal zone and marine region or sub-
region  concerned,  the  authority  or  authorities  competent  for  the  implementation  of 
this Directive, including to ensure cooperation with other Member States as defined 
in Article 12 and cooperation with third countries as defined in Article 13. 

Each  Member  State  shall  provide  the  Commission  with  a  list  of  the  competent 
authorities, together with the items of information listed in Annex I to this Directive. 

At  the  same  time,  each  Member  State  shall  send  to  the  Commission  a  list  of  their 
competent  authorities  responsible  for  those  international  bodies  in  which  they 
participate and which are relevant for the implementation of this Directive. 

Each Member State shall inform the Commission of any change to the information 
provided  pursuant  to  paragraph  1  within  six  months  of  such  a  change  coming  into 
effect. 

Article 15 

Monitoring and reporting 

Each Member State shall provide a report to the Commission on the implementation 
of  this  Directive  using,  and  where  relevant  making  reference  to,  available  reports, 
information and data under other EU legislation. 

This report shall at least contain information on the implementation of Articles 6 to 
13. 

The  Commission  shall  submit  a  progress  report  to  the  European  Parliament  and 
Council outlining the progress made in implementing this Directive. 

EN 

18 

   EN 

Article 16 

Implementing acts 

1. 

The Commission may, by means of implementing acts, adopt provisions on: 

(a)  operational  specifications  for  management  of  data  referred  in  Article  10, 
provided  they  have  not  been  established  by  other  EU  legislation,  such  as 
Directive 2007/2/EC or 2008/56/EC, on 

– 

the sharing of data, and interfacing with existing data management and 
collection processes; and 

(b) 

the  operational  steps  for  the  establishment  and  reporting  on  maritime  spatial 
plans and integrated coastal management strategies concerning: 

– 

– 

– 

– 

coherence  of  reporting  obligations  under  this  Directive  with  other 
relevant Union legislation; 

monitoring and revision cycles; 

cross-border co-operation modalities; 

public consultation. 

The implementing acts referred to in paragraph 1 shall be adopted in accordance with 

2. 
the procedure referred to in Article 17(2). 

1. 

2. 

1. 

Article 17 

Committee procedure 

The  Commission  shall  be  assisted  by  a  committee.  That  committee  shall  be  a 
committee within the meaning of Regulation 182/201128. 

Where  reference  is  made  to  paragraph  1,  Article  5  of  Regulation  182/2011  shall 
apply. 

CHAPTER IV 

FINAL PROVISIONS 

Article 18 

Transposition  

Each  Member  State  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions necessary to comply with this Directive within 18 months after its entry 
into force at the latest. They shall forthwith communicate to the Commission the text 
of those provisions. 

28 

OJ L 55, 28/2/2011. 

EN 

19 

   EN 

                                                 
2. 

3. 

4. 

5. 

6. 

When  Member  States  adopt  the  measures  referred  to  in  paragraph  1,  they  shall 
contain  a  reference  to  this  Directive  or  be  accompanied  by  such  a  reference  on  the 
occasion of their official publication. Each Member State shall determine how such 
reference is to be made. 

The authority or authorities referred to in Article 14(1) shall be designated within 18 
months following the entry into force of this Directive. 

The maritime spatial plans and integrated coastal management strategies referred to 
in Article 4(1) shall be established within a period of 36 months after the entry into 
force of this Directive.  

The  reports  referred  to  in  Article  15(1)  shall  be  provided,  at  the  latest,  42  months 
following the entry into force of the Directive, and every six years thereafter. 

The  progress  report  referred  to  in  Article  15(3)  shall  be  submitted  at  the  latest  six 
months after the date referred to in paragraph 5, and every six years thereafter. 

Article 19 

Entry into force 

This Directive shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

Article 20 

Addressees 

This Directive is addressed to the Member States. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

EN 

20 

   EN 

ANNEX I 

Competent authorities 

(1) 

(2) 

(3) 

(4) 

(5) 

Name and address of the competent authority or authorities — the official name and 
address of the competent authority or authorities identified. 

Legal  status  of  the  competent  authority  or  authorities  —  a  brief  description  of  the 
legal status of the competent authority or authorities. 

Responsibilities — a brief description of the legal and administrative responsibilities 
of the competent authority or authorities, and of its/their role in relation to the marine 
waters concerned. 

Membership — when the competent authority or authorities act(s) as a coordinating 
body  for  other  competent  authorities,  a  list  of  the  latter  is  required  together  with  a 
summary of the institutional relationships established in order to ensure coordination. 

Regional or sub-regional coordination — a summary is required of the mechanisms 
established  in  order  to  ensure  coordination  between  Member  States  where  their 
waters are covered by this Directive and fall within the same marine region or sub-
region. 

EN 

21 

   EN 

LEGISLATIVE FINANCIAL STATEMENT 

1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE 

1.1. 

Title of the proposal/initiative 

Directive  of  the  European  Parliament  and  of  the  Council  establishing  a  framework 
for maritime spatial planning and integrated coastal management. 
Policy area(s) concerned in the ABM/ABB structure29 

1.2. 

Maritime Affairs and Fisheries; 

Environment.  

1.3. 

Nature of the proposal/initiative 

⌧ The proposal/initiative relates to a new action 

(cid:133)  The  proposal/initiative  relates  to  a  new  action  following  a  pilot  project/preparatory 
action30 

(cid:133) The proposal/initiative relates to the extension of an existing action 

(cid:133) The proposal/initiative relates to an action redirected towards a new action 

1.4. 

Objectives 

1.4.1.  The  Commission’s  multiannual 

strategic  objective(s) 

targeted  by 

the 

proposal/initiative 

To  support  sustainable  economic  growth  in  the  marine  waters  and  coastal  zones  of 
the EU. 

1.4.2. 

Specific objective(s) and ABM/ABB activity(ies) concerned 

Specific objective: 

MARE activity 11.09: to promote sustainable growth through policy initiatives that 
drive  the  blue  economy,  developing  efficient  cooperation  and  information-sharing 
arrangements  between  regulators  and  stakeholders  and  ensuring  the  effective 
stewardship of seas, coasts and oceans. 

Result  indicator:  level  of  cross-border  cooperation  on  maritime  spatial  planning 
(MSP);  measurable  reduction  in  project  planning  time  and  costs  in  EU  sea  basins. 
Target:  establishment  of  a  transparent,  predictable  and  stable  framework  for  the 
planning and management of sea uses across the EU, resulting in significant gains in 
efficiency. 

ENV activity: 587-D2: support and further develop EU policy on integrated coastal 
zone management (ICZM), in order to promote the rational and sound use of coastal 
resources  and  to  make  coastal  zones  more  resilient  to  risks  and  climate  change 
impacts. 

Result  indicator:  level  of  implementation  of  national  ICZM  strategies  developed 
indicator). 
recommendation 
further 

(ICZM  progress 

the  EU 

ICZM 

to 

29 
30 

ABM: Activity-Based Management — ABB: Activity-Based Budgeting. 
As referred to in Article 49(6)(a) or (b) of the Financial Regulation. 

EN 

22 

   EN 

                                                 
Target:  in  2012,  Commission  proposal  for  an  effective  long-term  framework  to 
support implementation of ICZM in the EU. 

1.4.3.  Expected result(s) and impact 

Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted. 

The  ultimate  aim  of  the  proposal  is  to  secure  the  sustainable  economic  growth  of 
marine and coastal economies while enabling diverse and sustainable uses of marine 
and coastal resources by considering the economic, social and environmental pillars 
of sustainability in line with the eco-system approach. 

This should ensure (among other things):  
- sustainable, resource-efficient and integrated development of maritime and coastal 
activities; 

- improvement of the investment climate; 

-  better  adaptation  to  environmental  risks,  such  as  climate  change,  and  prevention 
and/or reduction of the effects of natural hazards. 

1.4.4. 

Indicators of results and impact 

Specify the indicators for monitoring implementation of the proposal/initiative. 

-  Output  indicators:  availability  of  governance  framework  for  maritime  spatial 
planning  and  integrated  coastal  management  strategies;  level  of  cross-border 
cooperation; 

- Result indicators: spatial development patterns, reduction of conflicts and litigation 
regarding  infrastructure  development,  sustainable  use  of  marine  and  coastal 
resources, coordinated maritime spatial planning and integrated coastal management, 
and cross-border cooperation; 

-  Impact  indicators:  maintained/restored  biodiversity  or  ecosystem  service  potential 
in coastal zones and marine waters, increased added value and reduced seasonality in 
maritime  and  coastal  economies,  improved  resilience  to  climate  change,  growth  in 
key economic sectors, coexistence of economic activities. 

1.5. 

Grounds for the proposal/initiative 

1.5.1.  Requirement(s) to be met in the short or long term 

- to establish an integrated planning process for maritime activities and an integrated 
management process for coastal zones, by bringing together national authorities and 
stakeholders of the relevant sector policies; 

-  to  ensure  effective  trans-boundary  cooperation  between  Member  States  in  taking 
measures for maritime spatial planning and integrated coastal management; 

-  to  ensure  coordination  and  integration  between  maritime  spatial  planning  and 
integrated coastal management processes. 

1.5.2.  Added value of EU involvement 

Coastal  and  maritime  uses  and  ecosystems  cross  national  borders.  The  proposed 
action  would  add  value  by  ensuring  the  coherence  of  measures  addressing  this 
aspect.  In  particular,  EU  action  would  avoid  divergent  approaches  and  different 
levels of progress. 

EN 

23 

   EN 

1.5.3.  Lessons learned from similar experiences in the past 

An  evaluation  of  Member  States’  progress  reports  on  ICZM  following  the  ICZM 
recommendation (2002/413/EC) concluded that this approach has clear added value 
in  integrating  policies  across  sectors  in  coastal  zones  with  the  aim  of  ensuring  the 
sustainable use of coastal resources. Maritime spatial planning is a widely recognised 
tool to ensure coherent planning of the maritime space. 

1.5.4.  Coherence and possible synergy with other relevant instruments 

MSP and ICZM have both been identified as integrated management tools under the 
IMP  (Blue  Book  2007).  They  are  support  tools  for  a  more  integrated  decision-
making  process,  coordinating  potentially  competing  sector  policies.  Therefore, 
maritime spatial planning and integrated coastal management strategies will support 
the  achievement  and  coherence  of  objectives  and  measures  under  other  relevant 
policies, including energy, environment, maritime transport andfisheries. 

1.6. 

Duration and financial impact 

(cid:133) Proposal/initiative of limited duration 

–  (cid:133)  Proposal/initiative in effect from [DD/MM]YYYY to [DD/MM]YYYY 

–  (cid:133)  Financial impact from YYYY to YYYY 

⌧ Proposal/initiative of unlimited duration 

–  Implementation with a start-up period from YYYY to YYYY 

–  followed by full-scale operation. 
1.7.  Management mode(s) envisaged31 

(cid:133) Centralised direct management by the Commission 

(cid:133)  Centralised  indirect  management  with  the  delegation  of  implementation  tasks 
to: 

–  (cid:133)  executive agencies 
–  (cid:133)  bodies set up by the Communities32 

–  (cid:133)  national public-sector bodies/bodies with public-service mission 

–  (cid:133)  persons entrusted with the implementation of specific actions pursuant to Title 
V of the Treaty on European Union and identified in the relevant basic act within 
the meaning of Article 49 of the Financial Regulation 

⌧ Shared management with the Member States 

(cid:133) Decentralised management with third countries 

(cid:133) Joint management with international organisations (to be specified) 

If more than one management mode is indicated, please provide details in the ‘Comments’ section. 

Comments 

31 

32 

Details  of  management  modes  and  references  to  the  Financial  Regulation  may  be  found  on  the 
BudgWeb site: http://www.cc.cec/budg/man/budgmanag/budgmanag_en.html. 
As referred to in Article 185 of the Financial Regulation. 

EN 

24 

   EN 

                                                 
2. 

MANAGEMENT MEASURES 

2.1.  Monitoring and reporting rules 

Specify frequency and conditions. 

By  31  March  2016  and  every  six  years  thereafter,  Member  States  will  provide  a 
national  report  to  the  Commission  on  the  implementation  of  the  provisions  of  this 
Directive. The reports will be based on national monitoring of implementation. 

2.2.  Management and control system 

2.2.1.  Risk(s) identified 

N/A — the proposal does not involve the use of operational appropriations 

2.2.2.  Control method(s) envisaged 

N/A — the proposal does not involve the use of operational appropriations 

2.3.  Measures to prevent fraud and irregularities idem as 2.2 

Specify existing or envisaged prevention and protection measures. 

N/A — the proposal does not involve the use of operational appropriations 

3. 

3.1. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE 

Heading(s)  of  the  multiannual  financial  framework  and  expenditure  budget 
line(s) affected 

Existing expenditure budget lines 

In order of multiannual financial framework headings and budget lines. 

Budget line 

Type of  
expenditure

Contribution  

Number  
[Description ………………………...……….] 

Diff./non-
diff. 
(33) 

from 
EFTA34 
countries 

from 
candidate 
countries35 

from third 
countries 

within the 
meaning of Article 
18(1)(aa) of the 
Financial 
Regulation  

Heading of 
multiannual 
financial 
framework 

11.0101  —  Expenditure  related  to 
staff in 

active employment in the ‘Maritime 

affairs and fisheries’ policy 

5 

area 

non-diff.

NO 

NO 

NO 

NO 

07  01  01  —  Expenditure  related  to 
staff  in  active  employment  in  the 
‘Environment  and  climate  action’ 

33 
34 
35 

Diff. = Differentiated appropriations / Non-diff. = Non-Differentiated Appropriations. 
EFTA: European Free Trade Association. 
Candidate countries and, where applicable, potential candidate countries from the Western Balkans. 

EN 

25 

   EN 

 
                                                 
policy area 

New budget lines requested 

In order of multiannual financial framework headings and budget lines. 

Budget line 

Type of 
expenditure

Contribution  

Number  
[Heading ……………………………………..
] 

Diff./non-
diff. 

from 
EFTA 
countries 

from 
candidate 
countries 

from third 
countries 

within the 
meaning of Article 
18(1)(aa) of the 
Financial 
Regulation  

Heading of 
multiannual 
financial 
framework 

EN 

26 

   EN 

 
 
 
 
 
 
 
 
EUR million (to 3 decimal places) 

Year 
N36 

Year 
N+1 

Year 
N+2 

Year 
N+3 

… enter as many years as 
necessary to show the duration 
of the impact (see point 1.6) 

TOTAL 

3.2. 

Estimated impact on expenditure 

3.2.1. 

Summary of estimated impact on expenditure 

Heading of multiannual financial 
framework:  

Number 

DG: <…….> 

(cid:121) Operational appropriations  

Number of budget line 

Number of budget line 

of 

Appropriations 
administrative 
 from the envelope for specific programmes37  
Number of budget line 

an 

TOTAL appropriations 
for DG <…….> 

Commitments 

Payments 

Commitments 

Payments 

(1) 

(2) 

(1a) 

(2a) 

nature 

financed 

Commitments 

Payments 

(3) 

=1+1a 
+3 

=2+2a 

+3 

36 
37 

Year N is the year in which implementation of the proposal/initiative starts. 
Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, 
direct research. 

EN 

27 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
(cid:121) TOTAL operational appropriations  

Commitments 

Payments 

(cid:121)  TOTAL  appropriations  of  an  administrative  nature 
financed from the envelope for specific programmes  

(4) 

(5) 

(6) 

TOTAL appropriations  
under HEADING <….> 
of the multiannual financial 
framework 

Commitments 

=4+ 6 

Payments 

=5+ 6 

If more than one heading is affected by the proposal / initiative: 

(cid:121) TOTAL operational appropriations  

Commitments 

Payments 

(cid:121)  TOTAL  appropriations  of  an  administrative  nature 
financed from the envelope for specific programmes  

(4) 

(5) 

(6) 

TOTAL appropriations  
under HEADINGS 1 to 4 
of the multiannual financial 
framework 
(Reference amount) 

Commitments 

=4+ 6 

Payments 

=5+ 6 

EN 

28 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Heading of multiannual financial 
framework:  

5 

Administrative expenditure 

DG: <ENV/MARE> 

(cid:121) Human resources  

(cid:121) Other administrative expenditure  

TOTAL DG ENV/MARE 

Appropriations  

Year 
2014 
and 
after 

0.508 

0.054 
0.022 

0.584 

TOTAL appropriations 
under HEADING 5 
of the multiannual financial 
framework  

(Total 
= Total payments) 

commitments 

0.584 

TOTAL appropriations  
under HEADINGS 1 to 5 
of the multiannual financial 

Commitments 

Payments 

Year 
2014 
and 
after 

0.584 

0.584 

EUR million (to 3 decimal places) 

UNLIMITED DURATION  

TOTAL 

EUR million (to 3 decimal places) 

… enter as many years as 
necessary to show the duration 
of the impact (see point 1.6) 

TOTAL 

EN 

29 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
framework  

EN 

30 

EN 

 
  
3.2.2.  Estimated impact on operational appropriations 

–  ⌧ The proposal/initiative does not require the use of operational appropriations 

–  (cid:133)  The proposal/initiative requires the use of operational appropriations, as explained below: 

Commitment appropriations in EUR million (to 3 decimal places) 

Year 
N+1 

Year 
N+2 

Year 
N+3 

… enter as many years as necessary to show 
the duration of the impact (see point 1.6) 

TOTAL 

OUTPUTS 

s Cost 

t
u
p
t
u
o

f
o

r
e
b
m
u
N

  Cost 
s
t
u
p
t
u
o

f
o

r
e
b
m
u
N

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

s Cost 

t
u
p
t
u
o

f
o

r
e
b
m
u
N

  Cost 

r
e
b
m
u
N

s Cost 

t
u
p
t
u
o

f
o

r
e
b
m
u
N

Total  
cost 

Total 
numbe
r of 
output
s 

Year 
N 

Cost 

Indicate 
objectives and 
outputs 

(cid:216) 

Type 
of 
output
38 

Avera
ge 
cost  
of the 
output 

r
e
b
m
u
N

f

SPECIFIC OBJECTIVE No 139… 

- Output 

- Output 

- Output 

Sub-total for specific objective No 1 

SPECIFIC OBJECTIVE No 2… 

- Output 

Sub-total for specific objective No 2 

TOTAL COST 

38 
39 

Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.). 
As described in section 1.4.2. ‘Specific objective(s)…’. 

EN 

31 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
3.2.3.  Estimated impact on appropriations of an administrative nature 

3.2.3.1.  Summary 

–  (cid:133)  The  proposal/initiative  does  not 

require 

the  use  of  administrative 

appropriations 

–  ⌧ The  proposal/initiative  requires  the  use  of  administrative  appropriations,  as 

explained below: 

EUR million (to 3 decimal places) 

Year 
2014 and 
after  

Year 
N+1 

Year 
N+2 

Year 
N+3 

… enter as many years as necessary 
to show the duration of the impact 
(see point 1.6) 

TOTAL 

HEADING 5 
of the multiannual 
financial framework 

Human resources  

0.508 

Other  administrative 
expenditure  

Subtotal HEADING 5 
of the multiannual 
financial framework  

0.076 

Outside HEADING 540 
of the multiannual 
financial framework  

Human resources  

Other 
expenditure  
of  an  administrative 
nature 

Subtotal  
outside HEADING 5 
of the multiannual 
financial framework  

TOTAL 

0.584 

40 

Technical  and/or  administrative  assistance  and  expenditure  in  support  of  the  implementation  of  EU 
programmes and/or actions (former ‘BA’ lines), indirect research, direct research. 

EN 

32 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
3.2.3.2.   Estimated requirements of human resources 

–  (cid:133)  The proposal/initiative does not require the use of human resources 

–  (cid:133)  The  proposal/initiative  requires  the  use  of  human  resources,  as  explained 

below: 

Estimate to be expressed in full amounts (or at most to one decimal place) 

Year 
2014 
and 
after 

Year 
N+1 

Year 
N+2 

Year 
N+3 

… enter as many years as 
necessary to show the 
duration of the impact 
(see point 1.6) 

(cid:121) Establishment plan posts (officials and temporary agents) 

11 01 01 01 + 07 01 01 01(Headquarters and 
Commission’s Representation Offices) 

4 

XX 01 01 02 (Delegations) 

XX 01 05 01 (Indirect research) 

10 01 05 01 (Direct research) 

(cid:121) External personnel (in Full Time Equivalent unit: FTE)41 

11 01 02 01 (CA, INT, SNE from the ‘global 
envelope’) 

XX 01 02 02 (CA, INT, JED, LA and SNE in 
the delegations) 

XX 01 04 yy 42 

- at Headquarters43 

- in delegations  

XX 01 05 02 (CA, INT, SNE — Indirect 
research) 

10 01 05 02 (CA, INT, SNE — Direct research) 

Other budget lines (specify) 

TOTAL 

4 

XX is the policy area or budget title concerned. 

The human resources required will be met by staff from the DG who are already assigned to 
management of the action and/or have been redeployed within the DG, together if necessary 
with any additional allocation which may be granted to the managing DG under the annual 
allocation procedure and in the light of budgetary constraints. 

Description of tasks to be carried out: 

Officials and temporary agents 

Monitor the implementation of the Directive at national level 

External personnel 

41 

42 
43 

CA=  Contract Agent;  INT=  agency  staff (‘Intérimaire’);  JED=  ‘Jeune  Expert  en Délégation’  (Young 
Experts in Delegations); LA= Local Agent; SNE= Seconded National Expert. 
Under the ceiling for external personnel from operational appropriations (former ‘BA’ lines). 
Essentially  for  Structural  Funds,  European  Agricultural  Fund  for  Rural  Development  (EAFRD)  and 
European Fisheries Fund (EFF). 

EN 

33 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
3.2.4.  Compatibility with the current multiannual financial framework 

–  ⌧(cid:133) 

Proposal/initiative  is  compatible  the  current  multiannual  financial 

framework. 

–  (cid:133)  Proposal/initiative  will  entail  reprogramming  of  the  relevant  heading  in  the 

multiannual financial framework. 

Explain what reprogramming is required, specifying the budget lines concerned and the corresponding 
amounts. 

–  (cid:133)  Proposal/initiative requires application of the flexibility instrument or revision 

of the multiannual financial framework44. 

Explain what is required, specifying the headings and budget lines concerned and the corresponding 
amounts. 

3.2.5.  Third-party contributions 

–  ⌧The proposal/initiative does not provide for co-financing by third parties 

–  The proposal/initiative provides for the co-financing estimated below: 

Appropriations in EUR million (to 3 decimal places) 

Year 
N 

Year 
N+1 

Year 
N+2 

Year 
N+3 

… enter as many years as 
necessary to show the duration 
of the impact (see point 1.6) 

Total 

Specify  the  co-financing 
body  

TOTAL 
cofinanced  

appropriations 

44 

See points 19 and 24 of the Interinstitutional Agreement. 

EN 

34 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
3.3. 

Estimated impact on revenue 

–  ⌧ Proposal/initiative has no financial impact on revenue. 

–  (cid:133)  Proposal/initiative has the following financial impact: 

– 

– 

(cid:133) 

(cid:133) 

on own resources 

on miscellaneous revenue 

Appropriation
s available for 
the ongoing 
budget year 

Budget revenue line: 

Article …………. 

EUR million (to 3 decimal places) 

Impact of the proposal/initiative45 

Year 
N 

Year 
N+1 

Year 
N+2 

Year 
N+3 

… insert as many columns as necessary 
in order to reflect the duration of the 
impact (see point 1.6) 

For miscellaneous assigned revenue, specify the budget expenditure line(s) affected. 
Specify the method for calculating the impact on revenue. 

45 

As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net 
amounts, i.e. gross amounts after deduction of 25 % for collection costs. 

EN 

35 

   EN