CHAPTER 3: TENSIONS AND OPPORTUNITIES
53. We identified tensions and opportunities
arising from three distinct human factors in the seas: from the
sometimes contrasting environmental and economic objectives; from
the varying objectives of economic users; and from the regulatory
environment. In this chapter, we illustrate the first two of those
factors before considering marine planning as a tool to overcome
the tensions and maximise the opportunities through a co-operative
approach. We go on to consider regulatory tensions, particularly
those deriving from EU legislation.
Objectives and uses of the marine
environment
54. The European Commission has adopted the term
"blue growth" to describe economic growth in the marine
environment (see Box 2). It explained that the aim of blue growth
was "to do whatever we can
to facilitate and support
the development of the maritime economy in the European Union."[93]
The North Sea region is highly industrialised and is considered
to be a crucial region for the EU's maritime economy.[94]
The North Sea Region Programme (NSRP) described the North Sea
as "probably the most industrialised sea in the world."[95]
55. Marine environmental protection in the EU
is most effectively encapsulated by the Marine Strategy Framework
Directive (MSFD). An important method of delivering Good Environmental
Status (GES) under the MSFD is to introduce marine protected areas
(MPAs), of which there should have been "ecologically representative
systems" by 2012. The World Wide Fund for Nature (WWF) said:
"In order to establish coherent and representative networks
of MPAs as required by the MSFD, more progress needs to be made
with co-operation between Member States within MSFD sub-regions".[96]
Wildlife and Countryside Link observed that "there is no
obligation on Member States to co-operate with one another in
designating sites."[97]
We explore the difficulties of such co-operation when faced with
the competing demands of blue growth in paragraphs 59 and 90 in
relation to the Dogger Bank.
56. The size of the MPA designation challenge
was demonstrated by the difficulties faced by the UK alone in
designating its Marine Conservation Zones. Commenting on these
difficulties, the House of Commons Environmental Audit Committee
concluded: "The designation of 27 sites in 2013 and the prospect
of only another 37 at the end of 2015 represent an unambitious
programme, after a total of 127 sites had been recommended by
experts and stakeholders."[98]
On 30 January 2015, the Government announced that, out of the
original 37 candidates for designation by the end of 2015, only
23 were suitable. Further consideration will be given to designating
the remaining 14 sites at a later stage.[99]
57. Delivery of both economic growth and marine
environmental protection is an explicit priority of marine management.
This is clear from the vision set out in the joint Marine Policy
Statement of the UK Government and the UK's three devolved administrations:
"The UK vision for the marine environment is for 'clean,
healthy, safe, productive and biologically diverse oceans and
seas'". The Marine Management Organisation (MMO)
considered these goals of marine environmental protection and
blue growth to be compatible.[100]
58. In contrast, the European Wind Energy Association
(EWEA) told us: "it is clear that you will inevitably come
into some kind of conflict".[101]
The Minister of State for Business, Enterprise and Energy, Rt
Hon Matthew Hancock MP, considered that "it is inevitable
that there are challenges and competing uses of resources".[102]
The German government noted: "Economic activities like fishery,
aquaculture and wind energy have to be reconciled with tourism
and recreation as well as with ecological aspects."[103]
59. The Dogger Bank was often cited to illustrate
these tensions. This area of the North Sea falls under British,
Dutch, German and Danish jurisdiction (see Box 1). It was identified
by Germany, The Netherlands and the United Kingdom as a marine
Special Area of Conservationa form of marine protected
areaunder the Habitats Directive.[104]
It is also a rich area for fishing and a site for offshore wind
development. Yet, the Royal Society for the Protection of Birds
(RSPB) told us that it had not so far proved possible to secure
agreement on protecting the area under the Common Fisheries Policy
(CFP).[105] Wildlife
and Countryside Link said: "The recovery of the Dogger Bank
habitat has the potential to make a major contribution to marine
conservation in the North Sea, but the lack of governance, support
and political will means that this has been severely delayed."[106]
60. On the other hand, new environmental opportunities
could arise from the economic development of the seas. EWEA told
us: "An offshore wind farm can also be an excellent natural
conservation site for certain types of species, because it is
a nofishing zone or because molluscs and plants all collect
around the substructures and therefore offer feeding grounds for
certain other kinds of species."[107]
Oil and Gas UK made a similar point: "Offshore installations
and pipelines are recognised as biodiversity hotspots and might
be important elements of the North Sea ecosystems."[108]
To test this, industry sponsors had initiated a programme of research,
INSITE (Influence of man-made Structures In The Ecosystem).[109]
Oil and Gas UK anticipated "that the findings may support
any future discussion on the scope of decommissioning offshore
infrastructure in the North Sea."[110]
61. The 'Clean North Sea Shipping' project (see
paragraph 138) was cited as an example of the way tension
in the marine environment can stimulate a positive change, contributing
to environmental protection and driving innovation. It led to
a set of recommendations, from which opportunities also flowed
for industry.[111]
MANAGING ECONOMIC USES OF THE SEA
62. Competition between the different economic
users of the sea can also present challenges. The North Sea Commission
(NSC) stated: "A key challenge in the North Sea is the management
of conflicts between competing users of the sea basin."[112]
The MMO acknowledged that there could be competition for space
in the sea, but considered that "the majority of industries
can exist together in some form or another."[113]
63. The relationship between the fishing industry
and the oil and gas industry was one example of successful co-existence.
The Scottish Fishermen's Federation (SFF) told us: "We have
indeed had a mature and developed relationship with oil and gas
for over 30 yearsbetter still, we have managed to work
together for mutual benefit".[114]
The Crown Estate (see Box 7) confirmed that there were previously
"huge tensions" between the two industries, but that
the relationship improved once they realised that there was "a
mutual commercial advantage in working together."[115] Box
7: The Crown Estate
The Crown Estate is a body established in perpetuity under the Crown Estate Act 1961 as a trust estate, independent of government and the Monarch with a public function to:
· invest in and manage certain property assets belonging to the Monarch; and
· give its surplus revenue each year to the Treasury.
It manages virtually the entire seabed out to the 12 nautical mile territorial limit, as well as around half of the foreshore. In relation to offshore energy and infrastructure, its role as a landowner "is about enabling and trying to attract investment to offshore assets in the UK, focusing particularly on low-carbon energy."[116]
Under proposed new arrangements on the devolution of powers to Scotland, responsibility for the management of the Crown Estate's economic assets in Scotland, and the revenue generated from these assets, would be transferred to the Scottish Parliament.[117]
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64. On the other hand, relations between the
fisheries sector and the offshore wind industry were described
by the National Federation of Fishermen's Organisations (NFFO)
as "much patchier."[118]
The Crown Estate was more positive, citing the work of the Fishing
Liaison with Offshore Wind and Wet Renewables Group (FLOWW) as
an example of where the relationship between the two industries
had begun to work well.[119]
65. Shipping is another industry that could come
into conflict with the offshore renewables sector. Research by
the EU part-funded project, ACCSEAS, indicated that navigable
space allocated to wind farms could increase within just a few
years from the current c.440km² up to c.23,500km². This
would constitute around 5.5% of all navigable space in the North
Sea region.[120]
66. The NSC told us: "If we build [a] lot
of wind parks not only are we disturbing fisheries, we are also
creating the need to re-align the shipping lanes."[121]
ACCSEAS concluded that the size and location of wind farm sites,
"coupled with projected increases in shipping traffic and
vessel size, [pose] serious safety and efficiency concerns."
The project's recommendation was to introduce electronic navigation
systems.
67. The International Maritime Organization (IMO)
(see Box 8) is responsible for adopting shipping lanes and amendments
to them.[122] IMO guidance
indicates that proposals for new or amended shipping lanes (routeing
systems) should take account of "any drilling rigs, exploration
platforms, and other offshore structures that may exist in the
vicinity of the proposed routeing system. Member governments should
ensure, as far as practicable, that such structures are not established
within the traffic lanes of routeing systems or near their terminations."[123] Box
8: The International Maritime Organization (IMO)
The establishment by the United Nations of the IMO in 1948 recognised the international nature of the shipping industry and the reality that issues relating to maritime safety in particular cannot be managed by States acting on their own.
It is now comprised of 170 Member States and three Associate Members. The European Union is not a Member of the IMO. The IMO has promoted the adoption of around 50 conventions and protocols and adopted more than 1,000 codes and recommendations concerning maritime safety and security, the prevention of pollution and related matters.[124]
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68. The UK Marine Policy Statement supports the
IMO requirement:
"Marine plan authorities and decision makers
should take into account and seek to minimise any negative impacts
on shipping activity, freedom of navigation and navigational safety
and ensure that their decisions are in compliance with international
maritime law."[125]
69. The confluence of shipping lanes and offshore
structures is a particular issue in the southern North Sea. We
observe that International Maritime Organization guidance is comprehensive
in its navigational safety requirements and we are confident that
the UK has a regulatory process in place to implement that guidance.
It is, however, evident that there are concerns about the application
of navigational safety provisions across the North Sea as a whole.
We recommend that the UK Government, in partnership with the International
Maritime Organization and neighbouring countries, ensure that
comprehension of the provisions is adequate and that the process
is transparent. (Recommendation 5)
MARINE PLANNING
70. A number of witnesses argued that the tension
between users and between objectives in the marine environment
could be tackled through marine planning. This involves the analysis
and organisation of human activities at sea to achieve ecological,
economic and social objectives. It is distinct from the licensing
of specific activities.
71. The Government considered that, in principle,
marine planning "helps to reduce real and potential conflict,
achieve integration between different objectives, manage competing
demands on the marine area, maximise compatibility and encourage
co-existence of marine activities."[126]
The MMO, responsible for marine licensing and for the delivery
of the marine planning process in England, saw planning as a positive
way of resolving conflict.[127]
Wildlife and Countryside Link also hoped that marine planning
could reduce user conflict and argued that it should be used proactively
to reduce conflict.[128]
The Crown Estate supports marine planning, because: "in a
defined space where multiple activities are going on, there is
bound to be a degree of interaction between activities."[129]
72. The Marine Conservation Society (MCS) was
concerned that environmental commitments might be overlooked during
the marine planning process:
"Marine planning and plans must fulfil their
promise in implementing an ecosystem-based approach to economic
growth. There is a danger that Marine Plans can become little
more than window dressing for the status quo, or worsea
veneer of 'environmental legitimacy' for what is in reality merely
an unabated 'Blue Growth' agenda."[130]
73. Wildlife and Countryside Link considered
that, for marine planning to be successful, all activities needed
to be considered:
"There is a misconception that the needs
of fishing and conservation are not as spatially specific as commercial
activities such as wind farms and aggregate dredging
the
plans so far, developed in the North Sea area have not included
fisheries and future conservation designations."[131]
The SFF was concerned that the interests of the emerging
offshore renewable industry might trump those of the fishing sector.
There was therefore a need for "reasonable protection for
sustainable legal activity that already exists."[132]
The Convention of Scottish Local Authorities (COSLA) concluded:
"Co-ordination will be key to ensuring that the interests
of traditional sectors such as fisheries and transport are protected
while Scotland takes advantages of the opportunities of new sectors
such as offshore renewable energy."[133]
74. The EWEA emphasised the value of marine planning
in supporting offshore wind energy investment decisions: "More
certainty that planning procedures will go through and that there
will be less conflictso other people will not complain
and not come back and challenge the permitswould certainly
help appease this sentiment of risk."[134]
The Crown Estate agreed: "We want [through the marine planning
process] to accelerate and de-risk developments taking place because
we believe that that will attract investment."[135]
The NSC noted the importance of "predictable, long term planning
as a means to boost attractiveness for investment."[136]
In 2013, when investigating long term energy investment, we too
concluded that clear and credible policy was a pre-requisite for
attracting investment. We warned that "Failure to invest,
or investment at high financing costs due to perceived policy
risk, could push up the overall cost of energy to consumers."[137]
75. The need for a flexible approach that takes
into account innovation was another element of marine planning
highlighted by the EWEA: "when you look at things like [marine
planning], one risk is to adopt a very formalist, prescriptive
approach and to start thinking, 'Perhaps wind turbines should
not go here or perhaps wind turbines should not go there.'"
Instead, systems should also allow for technological developments
that might solve problems of co-location, such as those that can
drive monopiling silently, thus minimising the associated noise
impact on marine mammals.[138]
76. The Commission emphasised that marine planning
was an evolving concept among EU Member States and still in its
infancy in some of them.[139]
The current state of play in the countries around the North Sea
is set out in Appendix 6.
PROGRESS OF MARINE PLANNING IN THE
UK
77. The various marine planning systems in place
across the UK, which sit within the framework of the UK-wide Marine
Policy Statement (MPS),[140]
are set out in Appendix 5. Together, the UK plans and MPS aim
for "greater coherence in policy and a forward-looking, proactive
and [marine planning] approach to the management of the marine
area, its resources, and the activities and interactions that
take place within it." Box
9: Marine Management Organisation (MMO)
The MMO is a non-departmental public body with a range of functions, including:
· marine planning;
· regulation of marine industries;
· licensing activities in the marine area;
· protecting and enhancing the natural marine environment;
· fisheries management.
The MMO is responsible for most of the marine planning functions in England, including preparing the marine plans. It does so within the framework of Government policy: "Although the overarching policy is set by Government in national framework documents, ultimately it is the planners of the MMO who
have the important and difficult responsibility of making the judgements".[141] The marine plans must be approved by the Secretary of State before they are published in draft and before they are finalised. The MMO is also responsible for monitoring and reporting on the implementation of the marine plans.
Much of the delivery of the marine planning system is through licensing and enforcement by the MMO. All decisionswhether through licensing, consents, other approvals or enforcementmust be made in accordance with the marine plans or the Marine Policy Statement, unless relevant considerations indicate otherwise.
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78. Despite the stated division of responsibility
between the Government and the MMO for marine planning policy
and delivery in England (see Box 9), and the distinction between
marine planning and marine licensing, we sensed a lack of clarity
in both areas. On the one hand, the MMO stated: "Blue growth
is a policy area for central government, and we have no direct
role either in influencing that policy area or in evaluating whether
it is successful."[142]
On the other hand, the Minister, George Eustice MP, Parliamentary
Under Secretary of State for Farming, Food and the Marine Environment,
was clear that the MMO "is leading on putting these marine
plans together
and then implements [them] through its licensing
decisions."[143]
79. England's first set of marine plansthe
East Inshore and East Offshore Planswere published by the
MMO in 2014, and included a 20-year vision. The executive summary
accompanying the plans explains:
"Individual applications for marine developments
will continue to require case specific assessments that consider
the proposed activity and the location where it will occur. However,
the East marine plans set the planning context for case specific
assessments, providing a broad picture to inform the assessment
of the likely impacts, positive or negative, of proposals and
giving an indication of the locations where particular activities
or developments may be supported."
80. Similarly, in Scotland:
"The National Marine Plan and future regional
plans must be taken into account when marine licensing applications
are considered. The licensing process will also consider specific
aspects of proposed developments and use, reaching a balanced
view on whether an individual project should be consented."[144]
81. These explanations draw a distinction between
marine planning on the one hand and development control (marine
licensing) on the other. It was a distinction recognised by the
UK Government: "Pending a full set of marine plans being
in place, we of course have a marine licensing regime so that
it is not the Wild West".[145]
82. The sometimes blurred distinction between
planning and licensing may explain the differences of opinion
between the MMO and stakeholders on the level of certainty in
relation to planning in the English marine environment. The MMO
took the view that "the regulatory framework that we use
at the moment is very good at recognising
conflicts and
at addressing them in a satisfactory way". National Grid
acknowledged that there might be "opportunities for [marine
planning] serving a good purpose
but it depends on how
it is implemented."[146]
Wildlife and Countryside Link was similarly uncertain: "At
the minute, [marine planning] seems to be more describing the
status quo of what industries and activities are already
taking place, rather than looking for ways to proactively reduce
that conflict."[147]
83. The UK Government admitted that marine planning
in England was still at an early stage: "The marine planning
system is way behind the terrestrial planning system
at
the moment we are in transition to having a full planning system
in place. [148]
84. Scotland's draft marine plan was published
in December 2014.[149]
The Scottish Parliament's Rural Affairs, Climate Change and Environment
Committee concluded that the plan "is in parts too detailed
and prescriptive and in other places too vague, and therefore
requires amendment to make it fully fit for purpose." The
Committee was also unclear how regional marine planning would
interact with the national plan.[150]
85. There are examples of co-operation between
users of the sea, but as competition for space grows increasingly
intense, so the need to co-operate will intensify. Marine planning
may contribute to productive co-operation that spans sectors and
users, but it is not a silver bullet for overcoming tensions and
maximising opportunities in the marine environment.
86. The reality of marine planning is that,
insofar as it exists around the EU, it is embryonic. There is
broad support for the concept, but it is now important that users
should begin to see its practical benefits, most notably in providing
a more predictable planning framework for investment and for the
multiple users of the North Sea.
87. We note the emphasis placed on the importance
of a comprehensive approach that features both certainty and the
flexibility to take into account innovative developments. While
a full review of the application of the Marine Policy Statement
across the UK would be premature, we recommend to the Government
and devolved administrations that concerns about certainty, flexibility
and coverage be reflected and addressed in plans as they are developed,
thereby ensuring that strategic marine planning is seen as the
primary platform for managing competing demands. A distinction
must be drawn between marine planning on the one hand and the
licensing of individual marine developments on the other. (Recommendation
6)
88. We also considered alternative approaches
that have been taken to marine planning around the North Sea.
The Dutch government adopted a 'North Sea 2050 Spatial Agenda'
in 2014. The document is described as an "exploration of
ambition, potential, challenges and possible measures", and
was drawn up in close consultation with stakeholders and with
civil society, including children. Co-operation with other Member
States is a recurring theme, as are nature, energy, multi-functional
use of the seas, connection between land and sea, and shipping.
The Agenda notes that officials from other North Sea countries
were consulted and that they "were indeed surprised by the
focus of The Netherlands on the longer term but [were] also of
the opinion that this is an interesting approach."[151]
Since publication of the Agenda, the Dutch government has launched
a consultation on its 2016-2021 Maritime Spatial Plan, which integrates
elements of the Agenda.[152]
89. We welcome the 20 year vision under the
first English marine plans, but we can discern no long term strategic
planning for the seas around the UK as a whole, or even around
England. This is in stark contrast to the Dutch approach, which
sets a vision to 2050. Management of the seas must not only focus
on the present: it must take into account potential future developments
and must do so in a way that is credible for users. This requires
a long term vision. We urge the UK Government and devolved administrations
to consider the development of a strategy akin to, and ideally
aligned with, the Dutch North Sea 2050 Spatial Agenda. (Recommendation
7)
Regulatory tensions
EU REGULATORY INCONSISTENCY
90. We heard that, in certain cases, regulatory
tension was hindering co-operation. Dr Peter Jones from University
College London argued that "the major challenges for improving
co-operation to improve how [marine planning] is governed are
actually between different [Commission] policies, rather than
between different Member States."[153]
He cited in particular the inconsistencies between the MSFD, the
Biodiversity Directives (Habitats and Birds[154]),
the MSPD, the Renewable Energy Directive, the CFP, the Environmental
Assessment and the Strategic Environmental Assessment Directives.[155]
One result of such inconsistencies was the failure under the CFP
to protect areassuch as the Dogger Bankidentified
under the Habitats and Birds Directives as sensitive.[156]
As set out in Box 10, all Member States with a direct management
interest in a fishery should agree to a recommendation for fisheries
management in a protected area. The MCS suggested that "the
lower ambitions of other Member States, such as the Dutch, following
lobbying by their fishermen" were preventing the UK from
implementing protected areas under the Habitats Directive.[157]
Box 10: Aligning
the CFP and the Habitats and Birds Directives
Where a Member State considers that other Member States have a direct management interest in a fishery affected by measures that need to be adopted for the purposes of complying with the Habitats and Birds Directives, the Common Fisheries Policy (CFP) requires that the Member State provide all necessary supporting information to the Commission and to other affected Member States. All Member States with an interest may submit a joint recommendation within six months, following which the Commission should adopt the measures within three months. If it is not possible for all interested Member States to agree, the Commission may either submit a legislative proposal for agreement by the European Parliament and Council or, in urgent cases, it may adopt measures itself for a period of 12 months, which may be extended once for a further 12 months.[158]
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91. The Minister, George Eustice MP, was confident
that the EU was trying to align its policies more effectively.
He pointed to the increased alignment between the MSFD and the
CFP as a result of the recent CFP reform.[159]
The Commission made a similar point and also drew our attention
to the close co-ordination of efforts to identify technologies
that would help industry to implement sulphur emission control
areas in the North Sea and Baltic Sea.[160]
92. The European Commission admitted that policy
development could take place in silos but argued that this was
a common problem across all public administrations.[161]
WWF and RSPB hoped that the appointment of a Commissioner for
Environment, Fisheries and Maritime Affairs[162]
would help in co-ordinating distinct, but overlapping, EU rules.[163]
In his introductory statement at his pre-appointment hearing in
the European Parliament, Commissioner Vella saw the elements of
his portfolio as a natural fit: "Sustainability is the key
principle in all areas of my portfolio, with its economic, social
and environmental dimensions."[164]
On the other hand, Dr Jones was concerned that "the agenda
behind the broadening of that brief would appear to have been
to focus on promoting blue growth."[165]
IMPLEMENTATION OF EU LEGISLATION
93. The European Environment Agency (EEA) also
expressed concern that implementation of the various Directives
could be incoherent, even within one Member State: "an objective
from a particular Directive will be fully implemented that is
disconnected from the related objective that will be implemented
through another pathway."[166]
WWF agreed: "the question really comes down to the implementation
of those different Directives and whether that is still recognising
the consistencies between them."[167]
This bears out the Commission's Report on implementation of the
MSFD, which indicated: "Member States have in some instances
not systematically built on existing EU legislation." A specific
example related to the failure of Member States to make a clear
link to the Water Framework Directive[168]
when defining good environmental status for hydrographical changes,
which often occur in coastal zones.[169]
94. There was further concern over the different
approaches by Member States to the implementation of single pieces
of legislation. The Commission's Report on the first phase of
implementation of the MSFD criticised the different approaches,
around single seas, to defining Good Environmental Status under
the Directive. While the North East Atlantic region, including
the North Sea, demonstrated the greatest level of coherence, there
was still "significant room for improvement".[170]
This criticism was accepted by the UK Government.[171]
Professor Elliott stated: "If the Dutch do it one way and
the British do it another way, we are going to have chaos in the
middle".[172]
95. Some witnesses stressed the need for guidance
from the Commission on implementation of EU policies affecting
the marine environment. Professor Austen argued: "the new
Commissioner needs to encourage a standardised approach across
the EU to implementation of its Directives."[173]
Professor Elliott, on the other hand, acknowledged that greater
direction by the Commission was not always welcome.[174]
96. The Commission explained that it can issue
guidance "that helps develop a common understanding of what
exactly a particular legal instrument means, or how it can best
be applied, [such as on] the application of environment legislation
in estuaries in the European Union."[175]
The Commission also told us that it was developing a work programme,
to be completed by 2018, to strengthen co-operation and dialogue
on the MSFD.[176] In
the meantime, the European Commission's Work Programme for 2015
promises a 'fitness check' of the Habitats and Birds Directives.[177]
97. We welcome the appointment of a European
Commissioner responsible for both environmental policy and maritime
affairs. An important priority for the new Commissioner should
be to ensure that EU legislation affecting the marine environment
is consistent. We recommend that the Commission publish guidance
for Member States on implementation of such legislation at national
level, to improve consistency both between Member States and within
the Member States. (Recommendation 8)
98. In the short term, we recommend that the
fitness check of the Habitats and Birds Directives should include
assessment of the coherence of the implementation of those Directives
with related legislation, such as the Common Fisheries Policy
and the Marine Strategy Framework Directive. (Recommendation 9)
99. We also recommend that the fitness check
consider the desirability of requiring Member States to co-operate
with one another in designating sites under the Habitats and Birds
Directives in order to develop ecologically coherent networks
of such sites. (Recommendation 10)
MULTI-LEVEL GOVERNANCE OF THE MARINE
ENVIRONMENT
100. The NFFO told us that governance of the
marine environment "is best understood in terms of layers,
because some of the legislation and therefore the decisions will
be made at European level." Other decisions would be taken
at the national, regional and local levels respectively.[178]
The Scottish Salmon Producers' Organisation (SSPO) confirmed that
the aquaculture industry got "caught in all tiers" of
governance from the CFP at EU level to development consent at
the local level.[179]
101. The complexity of governing marine planning
around the North Sea was set out by the NSC: "it differs
quite a lot from country to country whether competence on coastal
and [marine planning] is found at local, regional or national
level."[180] COSLA
explained that coastal management had implications for inland
and inshore planning as well as for broader local economic development
considerations. It was therefore necessary that any further co-operation
on marine issues reflected "more explicitly the principle
of multi-level governance."[181]
Similarly, the Scottish Government was clear that "Local,
national and European issues have to be dealt with at appropriate
levels."[182]
The NSC described involvement of the regions in work on the draft
plans and strategies under the Maritime Spatial Planning Directive
(MSPD) as "essential" to the success of the Directive.[183] Box
11: North Sea Commission
The North Sea Commission is a co-operation platform for local authorities and regions around the North Sea. It currently includes 34 regions from eight countries around the North SeaScotland (seven representatives), England (one), France (one), The Netherlands (four), Germany (two), Denmark (three), Sweden (three) and Norway (thirteen).[184]
It aims to develop partnerships between regional and local authorities which face the challenges and opportunities presented by the North Sea. Through dialogue and formal partnerships, the NSC seeks to promote common interests, especially in relation to European Union institutions, national governments and other organisations dealing with issues that are relevant to the North Sea.
The main objectives of the North Sea Commission are:
· To promote and create awareness of the North Sea region as a major economic entity within Europe;
· To be a platform for developing and obtaining funding for joint development initiatives;
To work on strategic policy and lobby work at European level for a better North Sea region.[185]
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102. The NSC brings local and regional authorities
around the North Sea together (see Box 11). In contrast to Scottish
local authorities, English local authorities are not, with one
exception (Southend-on-Sea), engaged in the NSC.[186]
The NSC offered two reasons for this. First, there was a lack
of clarity over the most appropriate type of region that should
be represented, a decision which is linked to sub-national governance
arrangements in each country.[187]
The second reason was financial:
"You have to pay fees to be a member, first,
of the CPMR [Conference of Peripheral Maritime Regions of Europe],[188]
and, secondly, some of the fees go to the North Sea Commission.
In these difficult times of budget cuts and trying to find priorities,
I think we have lost quite a few members. We still struggle today
to keep the membership up and to make sure that members get value
and that we are giving something back. That is an important part
of our work."[189]
103. The Dutch government has expressed its support
for the NSC and has actively supported Dutch local authority involvement.[190]
In the introduction to its recent North Sea 2050 Spatial Agenda,
the Dutch government confirmed that it would consult local authorities
on how the local authorities and the government could "accelerate
towards a North Sea wide approach from The Netherlands."[191]
104. Despite the lack of English engagement in
the NSC, the UK Government gave various examples of local recognition
of the value of the maritime economy. The Government explained
that some Local Enterprise Partnerships (LEPs), such as Solent
and Anglia, were strongly engaged with the marine business environment
and that local authorities were involved where an offshore development
may have an onshore impact.[192]
Other groups engaged with local authorities in managing and working
with the marine environment included Inshore Fisheries and Conservation
Authorities and Fisheries Local Action Groups.[193]
105. We support the principle that EU regional
co-operation on marine issues should involve regional and local
authorities as well as the EU and its Member States. We see an
important role for the North Sea Commission as a forum for bringing
regional and local authorities together.
106. The engagement in England by some Local
Enterprise Partnerships in marine issues demonstrates an acknowledgement
that local economic growth can be derived from the sea. We therefore
regret the lack of English local authority engagement in the North
Sea Commission, particularly in contrast with the greater level
of engagement by Scottish local authorities and those elsewhere.
We recognise that there are financial consequences of membership,
but there are nevertheless significant benefits to be gained from
co-operation. We therefore recommend that the UK Government and
the Local Government Association collaborate to identify and address
barriers, including resources, to improved engagement by English
local authorities in the work of the North Sea Commission. (Recommendation
11)
93 Q1 Back
94
Study on Blue Growth and Maritime Policy within the EU North
Sea Region and the English Channel Back
95
Q32 (Matt Nichols) Back
96
Written evidence from WWF (RMC0010) Back
97
Written Evidence from Wildlife and Countryside Link (RMC0008) Back
98
Environmental Audit Committee, Marine Protected Areas (First Report,
Session 2014-15, HC Paper 221) Back
99
Department for Environment, Food and Rural Affairs, Marine
Conservation Zones: Consultation on Sites Proposed for Designation
in the Second Tranche of Marine Conservation Zones (January
2015): https://consult.defra.gov.uk/marine/tranche2mczs/supporting_documents/Consultation%20Document%20Final.pdf
[Accessed 6 February 2015] Back
100
Q75 (Dr Howell) Back
101
Q17 (Jacopo Moccia) Back
102
Q121 Back
103
Written evidence from the German Federal Ministry of Transport
and Digital Infrastructure (RMC0009) Back
104
MASPNOSE, Preparatory Action on Maritime Spatial Planning in
the North Sea (May 2012): https://www.wageningenur.nl/upload_mm/c/f/2/f25d7f9e-34fa-4c31-a5ab-c79768d46f64_MASPNOSE%20D1.3.3%20final%20report.pdf
[Accessed 6 February 2015] Back
105
Q101 (Dr Dunn) Back
106
Written evidence from Wildlife and Countryside Link (RMC0008) Back
107
Q22 (Jacopo Moccia) Back
108
Written evidence from Oil and Gas UK (RMC0015) Back
109
Ibid. Back
110
Ibid. Back
111
Clean North Sea Shipping, Clean North Sea Shipping Recommendations,
(March 2014): http://cnss.no/wp-content/uploads/2014/03/CNSS_Recommendations_Web.pdf
[Accessed 6 February 2015] Back
112
Written evidence from the North Sea Commission (RMC0003) Back
113
Q75 (Dr Howell) Back
114
Q61 Back
115
Q76 (Dermot Grimson) and Q17 (Nick Medic) Back
116
Q73 (Dermot Grimon) Back
117
HM Government, Scotland in the United Kingdom: An enduring
settlement, Cm 8990, January 2015, p 62: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/397079/Scotland_EnduringSettlement_acc.pdf
[Accessed 16 February 2015] Back
118
Q61 Back
119
Q76 (Susan Kidd) Back
120
ACCSEAS, 'New research by ACCSEAS highlights growing safety concerns
for North Sea shipping traffic': http://www.accseas.eu/news/new-research-by-accseas-highlights-growing-safety-concerns-for-north-sea-shipping-traffic
[Accessed 6 February 2015] Back
121
Q32 (Kate Clarke) Back
122
Amendments to shipping lanes or proposals for new shipping lanes
are proposed by IMO Member States and agreed by the IMO's Sub-Committee
on Navigation, Communications and Search and Rescue (NCSR) before
being put forward for adoption by the Maritime Safety Committee
of the IMO. Back
123
International Maritime Organisation, Guidance note on the preparation
of proposals on ships. Routeing systems and ship reporting systems
for submission to the sub-committee on safety of navigation,
(January 2003): http://www.imo.org/OurWork/Safety/Navigation/Documents/1060.pdf
[Accessed 6 February 2015] Back
124
International Maritime Organisation, What it is, (October
2013): http://www.imo.org/About/Documents/
What%20it%20is%20Oct%202013_Web.pdf
[Accessed 12 February 2015] Back
125
UK Marine Policy Statement Back
126
Written evidence from the Department for Environment, Food and
Rural Affairs (RMC0002) Back
127
Q75 (Dr Howell) Back
128
Q104 (Eleanor Stone) Back
129
Q76 (Susan Kidd) Back
130
Written evidence from the Marine Conservation Society (RMC0011) Back
131
Written evidence from Wildlife and Countryside Link (RMC0008) Back
132
Q61 (Bertie Armstrong) Back
133
Written evidence from COSLA (RMC0006) Back
134
Q18 Back
135
Q77 [Dermot Grimson] Back
136
Written evidence from North Sea Commission (RMC0003) Back
137
European Union Committee, No Country is an Energy Island: Securing Investment for the EU's Future
(14th Report, Session 2012-13, HL Paper 161) Back
138
Q19 (Nick Medic) Back
139
Q4 Back
140
UK Marine Policy Statement Back
141
Department for Environment, Food and Rural Affairs, A Description
of the marine planning system for England (March 2011): http://webarchive.nationalarchives.gov.uk/20121204124616/http:/
archive.defra.gov.uk/corporate/consult/marine-planning/110318-marine-planning-descript.pdf
[Accessed 16 February 2015] Back
142
Q74 Back
143
Q123 Back
144
Written evidence submitted by The Scottish Government (RMC0014) Back
145
Q125 (John Robb) Back
146
Q20 (Mark Pearce) Back
147
Q103 (Eleanor Stone) Back
148
Q125 (John Robb) Back
149
Scottish Government, Scotland's National Marine Plan, (11
December 2014): http://www.scotland.gov.uk/
Resource/0046/00465865.pdf
[Accessed 6 February 2015] Back
150
Scottish Parliament Rural Affairs, Climate and Environment Committee,
Report on Scotland's National Marine Plan, 2nd Report,
2015 (Session 4), SP Paper 659: http://www.scottish.parliament.uk/
S4_RuralAffairsClimateChangeandEnvironmentCommittee/Reports/rur-15-02w.pdf
[Accessed 6 February 2015] Back
151
Dutch Ministry of Infrastructure and Environment, North Sea
2050 Spatial Agenda (28 July 2014): http://www.noordzeeloket.nl/en/Images/North%20Sea%202050%20Spatial%20Agenda_LO%20RES_3562.pdf
[Accessed 6 March 2015] Back
152
Dutch Ministry of Infrastructure and Environment, Dutch Ministry
of Economic Affairs, Draft Policy Document on the North Sea
2016-2021 (December 2014): http://www.noordzeeloket.nl/en/Images/
Draft%20Policy%20Document%20on%20the%20North%20Sea%202016-2021_3917.pdf
[Accessed 16 February 2015] Back
153
Written evidence from Dr Peter Jones (RMC0001) Back
154
Directive 2009/147/EC of the European Parliament and of the Council
of 30 November 2009 on the conservation of wild birds, (OJ L 20,
26 January 2010, p 7) Back
155
Written evidence from Dr Peter Jones (RMC0001) Back
156
Q133 (Dr Jones) and Q101 (Dr Dunn) Back
157
Written evidence from the Marine Conservation Society (RMC0011) Back
158
Regulation (EU) No 1380/1013, Article 11, (OJ L 354, 28 December
2013, p 35) Back
159
Q118 Back
160
Q2 Back
161
Q2 Back
162
Karmenu Vella was appointed as European Commissioner for Environment,
Maritime Affairs and Fisheries with effect from 1 November 2014.
Under the previous Commission, responsibility for Environment
on the one hand and Maritime Affairs and Fisheries on the other
hand was split between two different Commissioners. Back
163
Q100 Back
164
Hearing by the European Parliament, Introductory Statement
of Commissioner-Designate Karmenu Vella, (29 September 2014):
http://ec.europa.eu/commission/sites/cwt/files/commissioner_ep_hearings/vella-statement_en.pdf
[Accessed 6 February 2015] Back
165
Q130 Back
166
Q53 Back
167
Q100 (Dr Dodds) Back
168
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, (OJ L 327, 22 December 2000, p 1) Back
169
Commission Staff Working Document accompanying the Commission
Report: The first phase of implementation of the Marine Strategy
Framework Directive: The European Commission's assessment and
guidance, SWD(2014) 49 Back
170
Report from the Commission: The first phase of implementation
of the Marine Strategy Framework Directive: The European Commission's
assessment and guidance, COM (2014) 97 Back
171
Written evidence from the Department for Environment, Food and
Rural Affairs (RMC0002) Back
172
Q130 Back
173
Q130 Back
174
Q130 Back
175
Q3 Back
176
Q6 Back
177
Annex to the Communication from the Commission: Commission
Work Programme 2015, A New Start COM(2014) 910ANNEX 3 Back
178
Q63 (Barrie Deas) Back
179
Q59 (Prof Thomas) Back
180
Written evidence from the North Sea Commission (RMC0003) Back
181
Written evidence from COSLA (RMC0006) Back
182
Written evidence from The Scottish Government (RMC0014) Back
183
Written evidence from the North Sea Commission (RMC0003) Back
184
North Sea Commission, 'Member Regions': http://www.northsea.org/index.php/about/member-regions
[Accessed 6 February 2015] Back
185
North Sea Commission Homepage: http://www.northsea.org/ [Accessed
6 February 2015] Back
186
Q28 (Kate Clarke) Back
187
Q47 (Kate Clarke) Back
188
The CPMR includes 150 regions from around Europe: www.crpm.org
[Accessed 13 February 2015] Back
189
Q47 (Kate Clarke) Back
190
North Sea 2050 Spatial Agenda, p 68 Back
191
North Sea 2050 Spatial Agenda, p vii Back
192
Q123 (Rt Hon Matthew Hancock MP) Back
193
Q123 (George Eustice MP) Back
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