Amendments adopted by the European Parliament on 12 December 2013 on the proposal for a directive of the European Parliament and of the Council establishing a framework for maritime spatial planning and integrated coastal maritime spatial planning and integrated coastal management (COM(2013)0133 — C7-0065/2013 — 2013/0074(COD))
Date: 2013-12-12
Institutions: Committee on Agriculture and Rural Development, Committee on Employment and Social Affairs, Committee on Fisheries, Committee on Industry, Research and Energy, Committee on Petitions, Committee on Regional Development, Committee on Transport and Tourism, Committee on the Environment, Climate and Food Safety, European Parliament
Subjects: area management, coastal protection, conservation of resources, management of resources, maritime area, ordinary legislative procedure, resources of the sea, sustainable development








C_2016468EN.01036801.xml










15.12.2016   


EN


Official Journal of the European Union


C 468/368





P7_TA(2013)0588
Maritime spatial planning and integrated coastal management ***I
Amendments adopted by the European Parliament on 12 December 2013 on the proposal for a directive of the European Parliament and of the Council establishing a framework for maritime spatial planning and integrated coastal maritime spatial planning and integrated coastal management (COM(2013)0133 — C7-0065/2013 — 2013/0074(COD)) (1)

(Ordinary legislative procedure: first reading)
(2016/C 468/82)

Amendment 1


Proposal for a directive


Citation 1 a (new)








Text proposed by the Commission




Amendment





 




Having regard to Council Decision 2010/631/EU of 13 September 2010 concerning the conclusion, on behalf of the European Union, of the Protocol on Integrated Coastal Zone Management in the Mediterranean to the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean

 (2)

,







Amendment 2


Proposal for a directive


Recital 1








Text proposed by the Commission




Amendment











(1)


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 multiple pressures on coastal resources require an integrated planning and management approach.












(1)


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









Amendment 3


Proposal for a directive


Recital 2








Text proposed by the Commission




Amendment











(2)


Such an approach to ocean management has been developed in the Integrated Maritime Policy 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 policy. 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.












(2)


Such an approach to ocean management 
and maritime governance
 has been developed in the Integrated Maritime Policy 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 policy. 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.









Amendment 4


Proposal for a directive


Recital 3








Text proposed by the Commission




Amendment











(3)


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.












(3)


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 
and trans-boundary
 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.









Amendment 5


Proposal for a directive


Recital 5








Text proposed by the Commission




Amendment











(5)


In its recent Communication on Blue Growth, 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)


In its recent Communication on Blue Growth 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. 
The Member States’ clear support for those identified strategic areas will provide legal certainty and predictability for public and private investment, which will have a leverage effect on all sectoral policies linked to the maritime and coastal space.











Amendment 6


Proposal for a directive


Recital 7








Text proposed by the Commission




Amendment











(7)


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.












(7)


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 
and the competent sub-national authorities
 to comply with their obligations.









Amendment 7


Proposal for a directive


Recital 10








Text proposed by the Commission




Amendment











(10)


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












(10)


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









Amendment 8


Proposal for a directive


Recital 12








Text proposed by the Commission




Amendment











(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.












(12)


While it is appropriate for the Union to lay down 
a transparent and coherent framework
 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 
and maritime uses
.









Amendment 9


Proposal for a directive


Recital 13








Text proposed by the Commission




Amendment











(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.












(13)


So as to respect proportionality and subsidiarity, as well as 
to
 minimise additional administrative 
burdens
, transposition and implementation of this Directive should to the greatest extent possible build upon existing national 
and Regional Sea Convention
 rules and mechanisms. Integrated coastal management strategies should build on the principles and elements set out in Council Recommendation 2002/413/EC 
of the European Parliament and of the Council of 30 May 2002 concerning the implementation of Integrated Coastal Zone Management in Europe

 (18 bis) and Council Decision 2010/631/EU.









Amendment 10


Proposal for a directive


Recital 15








Text proposed by the Commission




Amendment











(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.












(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
, having regard to the principle of subsidiarity and taking account of the precautionary principle and of the principle that preventive action should be taken, as laid down in Article 191(2) of the Treaty on the Functioning of the European Union,
 so as to ensure that the collective pressure of all 
maritime and coastal
 activities is kept within levels compatible with the achievement of good environmental status 
and with the conservation of natural resources,
 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.









Amendment 11


Proposal for a directive


Recital 16








Text proposed by the Commission




Amendment











(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 sources (19), Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (20), 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 (21), 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 Strategy for 2020 (22), the Roadmap towards a Resource Efficient Europe (23), the EU Strategy on Adaptation to Climate Change (24) well as, where appropriate, those of the EU Regional Policy, including the sea-basin and macro-regional strategies.












(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 sources (19), Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (20), 
Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds

 (20 bis)

, Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora

 (20 ter), Decision 884/2004/EC of the European Parliament and of the Council 
of 29 April 2004
 amending Decision No 1692/96/EC on Community guidelines for the development of the trans-European transport network (21), 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 Strategy for 2020 (22), the Roadmap towards a Resource Efficient Europe (23), the EU Strategy on Adaptation to Climate Change (24)

and the Commission's Communication COM(2009)0008 entitled ‘Strategic goals and recommendations for the EU's maritime transport policy until 2018’, as
 well as, where appropriate, those of the EU Regional Policy, including the sea-basin and macro-regional strategies.









Amendment 12


Proposal for a directive


Recital 17








Text proposed by the Commission




Amendment











(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.












(17)


Maritime and coastal activities are often closely interrelated 
and interdependent
. This requires maritime spatial plans and integrated coastal management strategies to be coordinated
, linked up
 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 
and objectives
.









Amendment 13


Proposal for a directive


Recital 18








Text proposed by the Commission




Amendment











(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 initiative (25).












(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, monitoring of implementation
, revision or updating,
 and 
should
 be based on best 
and most recent
 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 initiative (25).









Amendment 14


Proposal for a directive


Recital 19








Text proposed by the Commission




Amendment











(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.












(19)


The main 
purposes
 of maritime spatial planning 
are
 to identify and manage spatial uses
, to minimise cross-sectoral
 conflicts in maritime areas 
and to enhance sustainable growth in the maritime sector
. In order to achieve 
those purposes
, 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.









Amendment 15


Proposal for a directive


Recital 20








Text proposed by the Commission




Amendment











(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.












(20)


Member States should consult and
, as far as possible,
 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 competent 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.









Amendment 16


Proposal for a directive


Recital 21 a (new)








Text proposed by the Commission




Amendment





 










(21a)






In order to adapt coastal areas to climate change, and to combat erosion or excessive accretion, the risks of sea ingression, the deterioration of ecological status and the loss of biodiversity of coastal ecosystems, it is extremely important that coastal sediment be managed in a sustainable and environmentally friendly manner, with a view to balancing out problematic areas that are at greater risk. Submarine sediment deposits on the continental shelf can be used where there is a shortage of sediment in the coastal system.











Amendment 17


Proposal for a directive


Recital 22








Text proposed by the Commission




Amendment











(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 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/EC.














(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 
be
 consulted at an appropriate stage in the preparation of maritime spatial plans and integrated coastal management strategies under this Directive, in accordance with relevant EU legislation.









Amendment 18


Proposal for a directive


Recital 25








Text proposed by the Commission




Amendment











(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.












(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 any additional administrative burden, it is essential that Member States collect 
and use
 the best available data and information by 
encouraging the relevant stakeholders to share their data and information and
 making use of existing instruments and tools for data collection, such as those developed in the context of the Marine Knowledge 2020 initiative.









Amendment 19


Proposal for a directive


Recital 25 a (new)








Text proposed by the Commission




Amendment





 










(25a)






In order to support the widespread and coordinated implementation of this Directive throughout the Union, it would be advisable to find, from amongst existing financial instruments, resources to support demonstration programmes and exchanges of good practices and virtuous processes in coastal management and spatial management strategies, plans and governance.











Amendment 20


Proposal for a directive


Recital 28








Text proposed by the Commission




Amendment











(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.












(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 
and complement
. The shortest possible deadline for the transposition of this Directive should therefore be adopted.









Amendment 21


Proposal for a directive


Article 1 — paragraph 1








Text proposed by the Commission




Amendment





1.   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.


1.   This Directive establishes a framework for maritime spatial planning 
involving
 integrated coastal management aiming at promoting the sustainable 
development and
 growth of maritime and coastal economies and the sustainable use of marine and coastal resources
, in particular by supporting the priority areas identified in the Commission Communication of 13 September 2012 on Blue Growth Opportunities for Marine and Maritime Sustainable Growth
.





Amendment 22


Proposal for a directive


Article 1 — paragraph 2








Text proposed by the Commission




Amendment





2.   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.


2.   Within the Integrated Maritime Policy of the Union, this 
Directive
 provides 
a framework
 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
, taking into account land-sea interactions and enhanced cross-border cooperation on the basis of the respective UNCLOS provisions
.





Amendment 23


Proposal for a directive


Article 2 — paragraph 1








Text proposed by the Commission




Amendment





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


1.   The provisions of this Directive shall apply to 
all
 marine waters and coastal zones 
of the Union, in compliance with existing Union and national law.







Amendment 24


Proposal for a directive


Article 2 — paragraph 2








Text proposed by the Commission




Amendment





2.   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.


2.   This Directive shall not apply to activities the sole purpose of which is defence or national security. Member 
States
 shall, however, endeavour to ensure that such activities are conducted in a manner 
that is
 compatible
, in so far as is reasonable and practicable,
 with the objectives of this Directive.





Amendment 25


Proposal for a directive


Article 3 — point 1








Text proposed by the Commission




Amendment











1.


‘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
.












1.


‘Coastal zone’ means the 
seashore and the
 geomorphologic area on both sides of the seashore 
as defined by
 Member States in their 
respective laws, with the seaward limit not exceeding their territorial seas
.









Amendment 26


Proposal for a directive


Article 3 — point 2








Text proposed by the Commission




Amendment











2.


‘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.












2.


‘Integrated Maritime Policy’ means the Union policy 
established
 to foster 
a
 coordinated and coherent 
cross-sectoral and trans-boundary maritime governance
 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.









Amendment 27


Proposal for a directive


Article 3 — point 2 a (new)








Text proposed by the Commission




Amendment





 










2a.





‘Maritime spatial plans’ means the plan or plans resulting from a public process for analysing and planning the spatial and temporal distribution of human activities in sea areas to achieve the economic, environmental and social objectives laid down in this Directive, in accordance with the relevant national policies, with a view to identifying the utilisation of maritime space for different sea uses and encouraging multi-purpose use in particular.










Amendment 28


Proposal for a directive


Article 3 — point 2 b (new)








Text proposed by the Commission




Amendment





 










2b.





‘Integrated coastal management strategies’ means the formal and informal practices and/or strategies that aim at 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. Such strategies ensure that management or development decisions are taken coherently across sectors so as to avoid, or at least limit, conflicts over the use of coastal areas.










Separate vote


Proposal for a directive


Article 3 — point 3








Text proposed by the Commission




Amendment











3.


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












3.


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









Amendment 29


Proposal for a directive


Article 3 — point 4








Text proposed by the Commission




Amendment











4.


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














4.


‘Marine waters’ means the waters, the seabed and subsoil 
on the seaward side of the baseline from which the breadth of territorial waters is measured, extending to the outermost reach of the area where a Member State has and/or exercises jurisdiction, in accordance with UNCLOS, with the exception of waters adjacent to the countries and territories mentioned in Annex II to the Treaty of the Functioning of the European Union and the French Overseas Departments and Collectivities.











Amendment 31


Proposal for a directive


Article 3 — point 7








Text proposed by the Commission




Amendment











7.


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












7.


‘Good environmental status’ means the environmental status referred to in Article 3(5) of Directive 2008/56/EC 
and Commission Decision 2010/477/EU
.









Amendment 32


Proposal for a directive


Article 4 — paragraph 1








Text proposed by the Commission




Amendment





1.   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
.


1.   Each Member State shall establish and implement 
maritime spatial planning. Where a Member State does not integrate land-sea interactions in its
 maritime spatial plan
, those interactions shall be addressed through
 integrated coastal management
. Member States may decide whether to follow an integrated approach or to establish maritime spatial plans and integrated coastal management
 strategies 
separately
.





Amendment 33


Proposal for a directive


Article 4 — paragraph 1 a (new)








Text proposed by the Commission




Amendment





 




1a.
   
Member States or competent regional or local authorities shall remain responsible for designing and determining the content of such plans and strategies, including the apportionment of maritime space to the different sector activities and maritime and marine uses.







Amendment 34


Proposal for a directive


Article 4 — paragraph 3








Text proposed by the Commission




Amendment





3.   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.


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





Amendment 35


Proposal for a directive


Article 4 — paragraph 3 a (new)








Text proposed by the Commission




Amendment





 




3a.
   
In the case of the Union's outermost regions in particular, Article 349 of the TFEU shall be respected, taking into account the special characteristics and constraints of those regions.







Amendment 36


Proposal for a directive


Article 5








Text proposed by the Commission




Amendment





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:




1.
   Maritime spatial plans and integrated coastal management strategies shall apply 
the
 ecosystem-based approach
, considering economic, social and environmental criteria at the same level,
 to 
support sustainable development and growth in the maritime sector. They shall promote
 the co-existence 
of the relevant
 sector activities 
in a compatible manner, minimise conflicts between those activities
 in marine waters and coastal zones, 
and promote cross-border cooperation and the multiple use of the same maritime space by different sectors.






 




2.
   
Maritime spatial plans and integrated coastal management strategies
 shall aim to contribute to 
the following Union objectives
:










(a)


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;












(a)


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;














(b)


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












(b)


promoting the development of maritime transport across Europe, including port accessibility, transport safety
, multimodal links and sustainability
;














(c)


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












(c)


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














(d)


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;












(d)


ensuring the preservation, protection and improvement of the environment 
through a representative and coherent network of protected areas,
 as well as the prudent
, precautionary
 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 
and prevent
 marine 
and coastal areas
 pollution risks;














(e)


ensuring 
climate resilient
 coastal and marine areas.












(e)


ensuring 
that
 coastal and marine areas 
are more resilient to climate change impacts in order to protect vulnerable coastal areas
.








 




3.
   
Maritime spatial plans and integrated coastal management strategies may aim to contribute to further national objectives, such as:






 










(a)






promoting the sustainable extraction of raw materials;










 










(b)






promoting sustainable tourism;










 










(c)






ensuring the preservation and protection of cultural heritage;










 










(d)






guaranteeing recreational and other use to the public;










 










(e)






preserving traditional economic and social characteristics of the maritime economy.











Amendment 37


Proposal for a directive


Article 6 — paragraph 1








Text proposed by the Commission




Amendment





1.   
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.


1.   
Each Member State
 shall establish 
procedural
 steps to achieve the objectives set out in Article 5, taking into account 
the
 relevant activities
, uses
 and measures applicable to them.





Amendment 38


Proposal for a directive


Article 6 — paragraph 2 — point b








Text proposed by the Commission




Amendment











(b)


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












(b)


ensure effective 
participation of the
 stakeholders of the relevant sector policies 
in accordance with Article 9
;









Amendment 39


Proposal for a directive


Article 6 — paragraph 2 — point b a (new)








Text proposed by the Commission




Amendment





 










(ba)






ensure effective trans-boundary cooperation between Member States in accordance with Article 12;











Amendment 40


Proposal for a directive


Article 6 — paragraph 2 — point c








Text proposed by the Commission




Amendment











(c)


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
;












(c)


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 
those
 countries in accordance with 
Article 13
;









Amendment 41


Proposal for a directive


Article 6 — paragraph 2 — point c a (new)








Text proposed by the Commission




Amendment





 










(ca)






on the one hand, be based on the best available data and, on the other hand, guarantee the necessary flexibility to take future developments into account;











Amendment 42


Proposal for a directive


Article 7 — paragraph 1








Text proposed by the Commission




Amendment





1.   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.


1.   Maritime spatial plans shall contain at least a mapping of marine waters which identifies the actual
, intended
 and potential spatial and temporal distribution of all relevant maritime 
uses and
 activities 
and important ecosystem components,
 in order to achieve the 
Union
 objectives set out in Article 5.





Amendment 43


Proposal for a directive


Article 7 — paragraph 2 — introductory part








Text proposed by the Commission




Amendment





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


2.   When establishing maritime spatial plans Member States shall take into consideration, 
inter alia
, the following 
uses and
 activities:





Amendment 44


Proposal for a directive


Article 7 — paragraph 2 — points a to g








Text proposed by the Commission




Amendment











(a)


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












(a)


installations for the extraction of energy and the production of renewable energy
, and for bringing it onshore
;














(b)


oil 
and
 gas extraction sites and infrastructures;












(b)


oil, gas 
and other raw materials exploration and
 extraction sites and infrastructures;














(c)


maritime transport routes;












(c)


maritime transport routes;














(d)


submarine cable and pipeline routes;












(d)


submarine cable and pipeline routes;














(e)


fishing areas;












(e)




existing and potential
 fishing areas;














(f)


sea farming 
sites
;












(f)


sea farming 
areas
;














(g)


nature conservation sites.












(g)


nature 
and species protection and
 conservation sites
, Natura 2000 areas, other sensitive marine ecosystems and surrounding areas, in accordance with Union and national law;










 










(h)






marine and coastal tourism;










 










(i)






cultural heritage protection sites;










 










(j)






military training areas
.









Amendment 45


Proposal for a directive


Article 8 — paragraph 1








Text proposed by the Commission




Amendment





1.   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.


1.   
When establishing
 integrated coastal management 
Member States shall decide whether to use a set of practices or one or more strategies. They shall identify
 existing measures applied in coastal zones and 
undertake
 an analysis of the need for additional actions in order to achieve the objectives set out in Article 5. 
Integrated coastal management
 shall 
enhance
 integrated and cross-sectoral policy implementation and 
take
 interactions between terrestrial and maritime activities 
into consideration in order to ensure land-sea connectivity
.





Amendment 46


Proposal for a directive


Article 8 — paragraph 2 — introductory part








Text proposed by the Commission




Amendment





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


2.   When establishing integrated coastal management strategies, Member States shall take into consideration:





Amendment 47


Proposal for a directive


Article 8 — paragraph 2 — point a








Text proposed by the Commission




Amendment













(a)






utilisation of specific natural resources including installations for the extraction of energy and the production of renewable energy;










deleted







Amendment 48


Proposal for a directive


Article 8 — paragraph 2 — point a a (new)








Text proposed by the Commission




Amendment





 










(aa)






already established practices and strategies in line with Recommendation 2002/413/EC;











Amendment 49


Proposal for a directive


Article 8 — paragraph 2 — point a b (new)








Text proposed by the Commission




Amendment





 










(ab)






existing formal and informal practices, networks and cross-border cooperation mechanisms;











Amendment 50


Proposal for a directive


Article 8 — paragraph 2 — point a c (new)








Text proposed by the Commission




Amendment





 










(ac)






relevant activities, installations, facilities and infrastructure;











Amendment 51


Proposal for a directive


Article 8 — paragraph 2 — point b








Text proposed by the Commission




Amendment













(b)






development of infrastructure, energy facilities, transport, ports, maritime works and other structures including green infrastructure;










deleted







Amendment 52


Proposal for a directive


Article 8 — paragraph 2 — point c








Text proposed by the Commission




Amendment













(c)






agriculture and industry;










deleted







Amendment 53


Proposal for a directive


Article 8 — paragraph 2 — point d








Text proposed by the Commission




Amendment













(d)






fishing and aquaculture;










deleted







Amendment 54


Proposal for a directive


Article 8 — paragraph 2 — point e








Text proposed by the Commission




Amendment











(e)


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












(e)




protection,
 conservation, restoration and management of coastal ecosystems, 
protected deltas and wetland areas,
 ecosystem services and nature, coastal landscapes and islands;









Amendment 55


Proposal for a directive


Article 8 — paragraph 2 — point f








Text proposed by the Commission




Amendment











(f)


mitigation and adaptation to climate change.












(f)


mitigation and adaptation to climate change
, in particular increasing the resilience of the ecosystem
.









Amendment 56


Proposal for a directive


Article 9 — paragraph 1








Text proposed by the Commission




Amendment







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.


Member States shall establish means for public participation 
by informing and consulting the relevant stakeholders and authorities and the public concerned
 at an early stage in the development of maritime spatial plans and integrated coastal management strategies. 
Member States shall also ensure that those stakeholders and authorities, and the public concerned, have access to the results once they are finalised.







Amendment 57


Proposal for a directive


Article 9 — paragraph 2








Text proposed by the Commission




Amendment







2.
   
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.






deleted







Amendment 58


Proposal for a directive


Article 9 — paragraph 3








Text proposed by the Commission




Amendment







3.
   
When establishing means of public consultation, Member States shall act in accordance with relevant provisions in other Union legislation.






deleted







Amendment 59


Proposal for a directive


Article 10 — paragraph 1








Text proposed by the Commission




Amendment





1.   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.


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





Amendment 60


Proposal for a directive


Article 10 — paragraph 3








Text proposed by the Commission




Amendment





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.


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 
and other relevant Union policies, such as those set out in Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE)

 (27 bis)

.







Amendment 61


Proposal for a directive


Article 11








Text proposed by the Commission




Amendment





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


Maritime spatial plans and integrated coastal management strategies are subject to the provisions of Directive 2001/42/EC 
and of Article 6 of Directive 92/43/EEC, where applicable
.





Amendment 62


Proposal for a directive


Article 12 — paragraph 1








Text proposed by the Commission




Amendment





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.


1.   Each Member State bordering a coastal zone or maritime area of another Member State shall 
take all necessary steps to
 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
, and shall aim at a common vision for each existing and future sea-basin strategy
.





Amendment 63


Proposal for a directive


Article 12 — paragraph 1 a (new)








Text proposed by the Commission




Amendment





 




1a.
   
In order to enable cooperation to take place, Member States should, where possible, coordinate the timing of new Maritime Spatial Plans or the review cycles of existing ones.







Amendment 64


Proposal for a directive


Article 12 — paragraph 2 — point a








Text proposed by the Commission




Amendment











(a)


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












(a)




Regional Seas Conventions or other
 regional institutional cooperation structures covering the coastal zone or the marine region or sub-region concerned, or









Amendment 65


Proposal for a directive


Article 12 — paragraph 2 — point b








Text proposed by the Commission




Amendment











(b)


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












(b)


a network of Member States' competent authorities covering the 
coastal zone,
 marine region and/or sub-region concerned
, or











Amendment 66


Proposal for a directive


Article 12 — paragraph 2 — point b a (new)








Text proposed by the Commission




Amendment





 










(ba)






any other approach that meets the requirements of paragraph 1.











Amendment 67


Proposal for a directive


Article 13








Text proposed by the Commission




Amendment





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.


Member States bordering a coastal zone or maritime area of a third country shall
, in compliance with international maritime law and conventions, consult that country and
 make every effort to 
cooperate and
 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.





Amendment 87


Proposal for a directive


Article 14








Text proposed by the Commission




Amendment





1.   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.


1.   Each Member State shall designate for each coastal zone and marine region concerned, the authority or authorities 
in charge of
 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.




2.   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.


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




3.   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.


3.   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.




4.   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.


4.   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.




 




4a.
   
In accordance with the principle of subsidiarity, each Member State may designate its authorities in charge in accordance with the institutional and governance levels in place.







Amendment 68


Proposal for a directive


Article 15 — paragraph 2








Text proposed by the Commission




Amendment





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


2.   This report shall at least contain information on the implementation of Articles 6 to 13. 
Where possible, the content and format of the report shall be harmonised with the relevant specifications laid down in Directive 2008/56/EC.







Amendment 69


Proposal for a directive


Article 15 — paragraph 3








Text proposed by the Commission




Amendment





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


3.   The Commission shall submit a progress report to the European Parliament and Council 
at the latest one year after the deadline for the establishment of the maritime spatial plans and integrated coastal management strategies,
 outlining the progress made in implementing this Directive.





Amendment 70


Proposal for a directive


Article 16 — paragraph 1 — introductory part








Text proposed by the Commission




Amendment





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


1.   The Commission may
, without prejudice to specifications concerning substantive related plans and strategies
, by means of implementing acts, adopt provisions on:





Amendment 71


Proposal for a directive


Article 16 — paragraph 1 — point a — introductory part








Text proposed by the Commission




Amendment











(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












(a)




process-related
 specifications for management of data referred in Article 10, provided they have not been established by other 
legal acts of the Union
, such as Directive 2007/2/EC or 2008/56/EC, on









Amendment 72


Proposal for a directive


Article 16 — paragraph 1 — point a — indent 1








Text proposed by the Commission




Amendment











—


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












—


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









Amendment 73


Proposal for a directive


Article 16 — paragraph 1 — point b — introductory part








Text proposed by the Commission




Amendment











(b)


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












(b)


the 
process-related
 steps 
that contribute to
 the establishment and reporting on maritime spatial plans and integrated coastal management strategies concerning:









Amendment 74


Proposal for a directive


Article 16 — paragraph 1 — point b — indent 3








Text proposed by the Commission




Amendment











—




cross-border co-operation
 modalities;












—




the most effective
 modalities 
of cross-border cooperation.











Amendment 75


Proposal for a directive


Article 16 — paragraph 1 — point b — indent 4








Text proposed by the Commission




Amendment











—




public consultation.










deleted







Amendment 76


Proposal for a directive


Article 17 — paragraph 2








Text proposed by the Commission




Amendment





2.   Where reference is made to 
paragraph 1
, Article 5 of Regulation (EU) No 182/2011 shall apply.


2.   Where reference is made to 
this paragraph
, Article 5 of Regulation (EU) No 182/2011 shall apply.





Amendment 77


Proposal for a directive


Article 18 — paragraph 2








Text proposed by the Commission




Amendment





2.   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.


2.   When Member States adopt the measures referred to in paragraph 1, 
following the entry into force of this Directive,
 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.





Amendment 78


Proposal for a directive


Article 18 — paragraph 4








Text proposed by the Commission




Amendment





4.   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.


4.   The maritime spatial plans and integrated coastal management strategies referred to in Article 4(1) shall be established within a period of 
48
 months after the entry into force of this Directive.





Amendment 79


Proposal for a directive


Article 18 — paragraph 5








Text proposed by the Commission




Amendment





5.   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.


5.   The reports referred to in Article 15(1) shall be provided, at the latest, 
54
 months following the entry into force of 
this
 Directive, and every six years thereafter.





Amendment 80


Proposal for a directive


Article 18 — paragraph 6








Text proposed by the Commission




Amendment





6.   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.


6.   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 
four
 years thereafter.





Amendment 81


Proposal for a directive


Article 18 — paragraph 6 a (new)








Text proposed by the Commission




Amendment





 




6a.
   
The transposition obligations contained in this Directive shall not apply to landlocked Member States.








(1)  The matter was referred back to the committee responsible for reconsideration pursuant to Rule 57(2), second subparagraph (A7-0379/2013).

(2)  

OJ L 279, 23.10.2010, p. 1.



(18 bis)  

OJ L 148, 6.6.2002, p. 24.



(19)  OJ L 140, 5.6.2009, 
pp. 16-62

.

(20)  OJ L 358, 31.12.2002, p. 
59-80

.

(21)  OJ L 167, 
30/04/2005, pp. 1-38

.

(22)  COM(2011)0244 final.

(23)  COM(2011)0571 final.

(24)  COM(2013) XXX.

(19)  OJ L 140, 5.6.2009, 
p. 16

.

(20)  OJ L 358, 31.12.2002, p. 
59

.

(20 bis)  

OJ L 20, 26.1.2010, p. 7.



(20 ter)  

OJ L 206, 22.7.1992, p. 7.



(21)  OJ L 167, 
30.4.2004, p. 1

.

(22)  COM(2011)0244.

(23)  COM(2011)0571.

(24)  COM(2013) XXX.

(25)  COM(2010)0461 final.

(25)  COM(2010)0461.

(27 bis)  

OJ L 108, 25.4.2007, p. 1.