Landskab og Skov Ref. SIZI
Den 26. marts 2021 J.nr. 2020-48523 To Espoo Point Of Contact in
Sweden
Notification regarding proposal for new marine protected MSFD areas in accordance with the Espoo Convention and the protocol relating thereto
The Espoo Convention12 and the protocol relating thereto (the SEA Protocol) on transboundary environmental effects incorporated into the EIA Directive and the SEA Directive3 as well as the Danish Environmental Assessment Act4 oblige parties to notify and consult affected countries, and to implement environmental assessments in a transboundary context.
This notification is, therefore, being submitted prior to the public consultation on the proposed new protected MSFD areas according to Article 10 of the SEA Protocol in connection with the Espoo consultation of affected neighbouring states under the provisions of Article 7 of the SEA Directive and Article 7 of the EIA Directive.
The Danish Ministry of Environment plans to complete a public Espoo hearing from 26 May to 20 June 2021 regarding a proposal of new marine protected MSFD areas in the Danish part of the North Sea and in the Baltic Sea around Bornholm (illustration 1). The environmental impact assessment of the proposal written in
1Convention on Environmental Impact Assessment in a Transboundary Context of 25 February 1991
Executive Order on Protocol of 21 May 2003 on Strategic Environmental Assessment for the Convention
on Environmental Impact Assessment in a Transboundary Context of 25 February 1991 3Directive 2011/92/EU of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment and Directive 2014/52/EU of 16 April 2014 amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment as well as Directive 2001/42/EC of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment
4 Consolidating Act no 973 of 25 June 2020 on environmental assessment of plans and programmes and of specific projects
Danish is enclosed. The non-technical introduction and the chapter on
transboundary environmental effects are translated to English and enclosed as separate documents.
Illustration 1. The maps shows the two sea basins in which protected MSFD areas are proposed – the North Sea including Skagerrak and the Baltic Sea around Bornholm
Prior scoping process
The proposal for new protected MSFD areas was prepared with a view to create a better marine environment. On this basis, a positive environmental effect is expected. The Danish Ministry of Environment assessed that possible significant transboundary environmental effects in connection with the proposal could be relevant for the following countries: The UK, Norway, Sweden, Finland, Germany, Belgium, France, the Netherlands, Poland, Lithuania, Latvia and Estonia.
Therefore, these countries were invited to submit comments through an Espoo consultation during 5 October to 21 October 2020.
The proposal entails restrictions of fishing activities in the new protected MSFD areas. In connection with preparation of the proposal, international fisheries data were requested from the following EU Member States: Sweden, Finland, Germany, Belgium, France, the Netherlands, Poland, Lithuania, Latvia and Estonia.
The Danish Ministry of Environment received consultation response from the following countries: Lithuania, Sweden, Norway, Belgium, Estonia, Finland and Poland. Sweden and Belgium wished to participate in the Espoo process regarding the proposal. Poland asked for further information about the process, but not for further participation.
- Belgium noted particular fishing interests in the Danish North Sea. In response Denmark notes that fisheries data for areas in the North Sea has been acquired from Sweden, Finland, Germany, Belgium, France,
Netherlands, Poland, Lithuania, Latvia and Estonia. This dataset has been considered in the process of designating MSFD areas. More information can be found in the Environment assessment report.
- Poland noted an interest in the process, and a wish to receive further information. Denmark has included the information in this letter. - Sweden notes the importance of analysing MPA connectivity as well as a
positive interest in the process and the importance of transnational cooperation. Denmark agrees with the Swedish comments. Furthermore, Denmark informs Sweden that designations are based on scientific reports which include connectivity as a parameter. The report can be found here: https://dce2.au.dk/pub/SR362.pdf.
In consultation responses several countries note the short timeframe to provide responses. This has resulted in a limited possibility to carry out an internal process nationally. More detailed follow up letters will be send to all parties that responded to the consultation.
Description of the plan/programme
The Marine Strategy Framework Directive5 obliges EU Member States to prepare marine strategies to achieve good environmental status by 2020. A marine strategy consists of three parts. The first part contains a description of good environmental status, assessment of status and environmental targets. The second part consists of a monitoring programme, and the third part consists of a programme of measures. The marine strategies are updated every six years.
The programme of measures under Denmark’s Marine Strategy I (2012) states that there must be an assessment of whether there is a need to designate additional MSFD areas in the North Sea (excl. the Kattegat) and the central Baltic Sea region.6 The first part of Marine Strategy II (2019) includes an environmental target that Denmark must assess the need for supplementary marine protected areas or other initiatives in the North Sea and the Baltic Sea. In connection with the upcoming programme of measures under the Marine Strategy Framework Directive, the Danish Ministry of Environment, therefore, expects to designate new MSFD areas in the North Sea and in the Baltic Sea around Bornholm.
The proposal is to designate 13 marine MSFD areas of which 12 will include strictly protected MSFD areas - either as a core within a protected MSFD area or in some cases the whole MSFD area will be strictly protected. The proposal is based the Marine Strategy Framework Directive and its requirements concerning spatial protection measures. Furthermore, socio-economic considerations have been taken into account. The proposed new MSFD areas are shown in illustration 2.
5 See 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 (Marine Strategy Framework Directive)
6 https://mst.dk/natur-vand/vandmiljoe/havet/havmiljoe/danmarks-havstrategi/indsatsprogram/
In the proposal the 13 MPAs will be protected by limiting a number of activities, which can affect species and habitat types negatively. Management measures in the MSFD areas relates to the marine ecosystem as a whole, however with a special focus on the seabed. Within the MSFD areas fishing with bottom contacting gears will be prohibited (including bottom trawls, beam trawls and Danish seines), as will offshore wind and wind energy hubs (including construction, seismic surveys etc.), oil- and gas activities (including construction, drilling, seismic surveys etc.) extraction of raw materials (including seismic surveys etc.) dredging, carbon storage (including construction, drilling and seismic surveys etc.) aquaculture (including fish farms, mussel farms and kelp farms etc.), new transport
infrastructure (including bridges and tunnels etc.) as well as geological and seismic surveys not related to environmental research, management of protected areas or laying or maintaining pipes and cables.
In those parts of the MSFD areas that are strictly protected all fishing gears both commercial and recreational will be prohibited in addition to the measures mentioned above.
Illustration 2: Proposal for new protected marine strategy areas in the North Sea, Skagerrak and the Danish part of the Baltic sea around Bornholm.
Timetable for the proposal for the new protected marine-strategy areas, including consultation process and other public involvement
The proposal will be submitted for a 12-week national consultation in Denmark from 26th March to 18th June 2021. During the hearing process it will be possible to submit a consultation response. The relevant materials can be found here
www.hoeringsportalen.dk. and at mim.dk. The ESPOO process will run in parallel. Based on incoming responses the final designation of MSFD areas will be
determined.
As part of the process of designating new MSFD areas stakeholder involvement has taken place. A number of interested stakeholders have been able to give their input and wishes to the process. Reports and other materials used as the scientific basis for the designation has been shared with stakeholders.
Denmark kindly asks you to submit your comments no later than 20th June 2021
and to:
provide comments concerning the assessment of the environmental impacts of the project affecting your country from Denmark;
submit any comments you might receive from the public and the authorities in your country; and
indicate preferably already before 1st May 2021 if you see a need for
additional consultations.
Please send your comments to: Espoo@mst.dk file no. 2020-48523.
If you have any questions, please do not hesitate to contact me. Best regards
Sif Zimmermann Espoo Point Of Contact +45 21 99 57 45 sizi@mst.dk
Appendix:
National follow-up to responses to the scoping Environmental assessment report
