Programme of Measures for the Marine Protection of the German

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English Summary
DRAFT
Programme of Measures for the Marine Protection of the
German Parts of the North Sea and the Baltic Sea
Report according to section 45h(1) of the Federal Water Act
Implementation of Article 13 Marine Strategy Framework Directive
For public consultation: 1 April – 30 September 2015
http://www.meeresschutz.info/oeb-anhoerung.html
1
Summary
The aim of the German marine policy is a comprehensive and integrated management of
human activities based on the ecosystem approach in order to achieve good status of the
marine waters by 2020. An integrated management of ecologically sustainable uses requires
coordination of all policy areas with influence on the state of the marine ecosystems, in
particular fisheries, agriculture, shipping, generation of energy, waste management, product
design and chemicals policy. To this end, coordination of action among the coastal states of
the North and Baltic Seas is indispensable.
The initial assessment in 2012 of the state of the marine environment of the German parts of
the North and Baltic Seas concluded that marine waters were not in a good status, in
particular concerning benthic habitats and species, fish, seabirds, phytoplankton and, in
particular in the Baltic Sea, marine mammals. Main pressures on both seas include among
others eutrophication, fisheries, contaminants and litter.
In 2012, Germany set up seven overarching environmental targets, specified by 30 operative
targets and multiple associated indicators. These action-oriented targets were set for guiding
measures to reduce pressures on the sea and to take conservation measures in order to
move towards achieving and maintaining a good environmental status of the national marine
waters.
The Federal Government and the Governments of the states of Bremen, Hamburg,
Mecklenburg-Vorpommern, Niedersachsen and Schleswig-Holstein have drafted a
programme of measures for the period 2016-2021 based on and structured along the
national environmental targets.
The programme of measures takes into consideration the contribution which existing national
measures, adopted in the context of European environmental legislation as well as regional
and international agreements, make to the achievement of good environmental status under
the MSFD.
Existing measures were not considered sufficient to achieve or maintain good environmental
status of the German parts of the North Sea and Baltic Sea. For the first management period
2016 – 2021, 31 new measures (in the meaning of EU reporting category 2a and 2b) were
proposed for closing existing gaps. The focus in the first management cycle is on pressure
sources at sea and includes:
-
the reduction of inputs of contaminants, including ship-borne emissions and
discharges
-
the protection of marine biodiversity, e.g. by means of spatial measures for the
protection of species and habitats
-
the reduction of inputs of litter through a combination of measures relating to product
design, waste management, aftercare and public awareness raising
-
the reduction of the introduction of underwater noise through development and
application of noise mitigation measures, supported by noise mapping, a noise
register and the development of biological limit values.
A list of the proposed measures is given in Annex 1 to this document.
The introduction of nutrients and contaminants from agricultural uses and other activities on
land are well covered by the implementation of the Water Framework Directive. Management
measures in Natura 2000 areas for the protection of species and habitats are well covered by
the Habitats Directive.
For waterborne inputs of nutrient and contaminants from land, it is expected that the updated
River Basin Management Plans for the second management cycle 2015-2021 under the
Water Framework Directive will make an important contribution to the improvement of marine
waters. These measures will be reported under the WFD, making a clear link to the MSFD. It
2
is also expected that the current revisions of the Federal Fertilisation Ordinance,
implementing the Nitrates-Directive, and of the Federal Ordinance on Installations for
Handling of Substances Hazardous to Water will contribute to improving the status of marine
waters.
It is expected that the Programme of Measures will have exclusively positive effects on
protected assets, in particular water; species, habitats and biodiversity; soil; landscapes; air;
cultural goods and material assets as well as human health. It is expected that it will have
positive transboundary effects, in particular on neighbouring waters or sub-basins. The
degree of the positive effects depends on the following substantiation of the measures in
order to prepare their implementation by end of 2016.
The environmental report according to section 14g of the Federal Environmental Impact
Assessment Act, which assesses the environmental impact of the proposed programme, is
integrated into the programme of measures. As the programme of measures is targeted
towards the protection of water, species, habitats, biodiversity and human health, its effects
on those protected interests is part of the reasoning for each measure and included in the
programm section. The environmental report therefore focuses on the effects on the
additional protected assets (terrestrial soil, landscape, air, climate, cultural goods and
material assets) and interactions between all protected assets. Annex 2 to this document
presents the information from the environmental report.
The draft programme of measures includes
-
general information on the procedures and methods for establishing the programme
(Part I).
-
a programme dedicated to the North Sea, including the environmental report
according to section 14g of the Federal Environmental Impact Assessment Act (Part
II).
-
a programme dedicated to the Baltic Sea, including the environmental report
according to section 14g of the Federal Environmental Impact Assessment Act (Part
III).
-
an attachment with fact sheets for each of the proposed new measures providing
more detailed information on those measures (Addendum 1). The fact sheets include
SEA-specific information on the environmental impacts and assessed alternatives for
each measure.
The draft programme of measures and fact sheets are available for public consultation
according to section 45i Federal Water Act at http://www.meeresschutz.info/oebanhoerung.html from 1 April to 30 September 2015. Background information on the socioeconomic analysis (Addendum 2) complements the public consultation and is available at
http://www.meeresschutz.info/oeb-anhoerung.html.
The proposed new measures are subject to continued consultation in the federal and state
governments and to securing financing. The federal and state governments reserve the
possibility to include additional e.g. state-specific measures in the programme following the
conclusion of the ongoing consultations.
In the context of the MSFD only measures will be reported to the EU Commission in 2016 for
which at least one coastal state or the federal government commit to their implementation in
the relevant marine region. New measures relates to title of the measures as described in the
fact sheet. A decision which federal or state partner will implement which measure
(component) will be taken in December 2015.
The individual measures for the execution of the programme will be finalised within the given
timeframe of the MSFD followed by the operationalisation of the programme envisaged by
the MSFD, if necessary taking into account additional impact assessment information.
3
Annex 1
Proposed new measures presented for public consultation in accordance
with section 45i Federal Water Act (WHG)
No.
Title of measures
Application
North Baltic
Sea
Sea
Environmental target 1: Seas unaffected by eutrophication
UZ1-01 Agricultural cooperation project on reducing direct X
inputs into coastal waters via drainage systems
UZ1-02 Strengthening the assimilative capacity of
X
estuaries, using the example of the river Ems
UZ1-03 Promoting measures to reduce NOX inputs from
X
shipping
UZ1-04
economic
technical
technical
X
X
X
Environmental target 2: Seas not polluted by contaminants
UZ2-01 Criteria and incentive systems for environmentally X
friendly ships
X
UZ2-02
X
X
X
X
X
X
UZ2-03
UZ2-04
Support the designation of a NECA in the North
and Baltic Seas
Requirements for the discharge and disposal of
srubbing waters from exhaust treatment on board
ships
Preventing and combating marine pollution –
improving maritime emergency preparedness and
response
Management of dumped munitions
Mode of
implementation
legal
technical
political
economic
legal
technical
political
economic
legal
technical
political
economic
legal
technical
political
legal
technical
technical
political
economic
Environmental target 3: Seas with marine species and habitats unaffected by
impacts of human activities
UZ3-01 Inclusion of species and biotopes that define the
X
X
legal
value of an ecosystem in national MPA
technical
ordinances
political
UZ3-02 Measures to protect migratory species in marine
X
X
legal
areas
technical
political
Enviornmental target 4: Seas with sustainable and environmentally sound use of
resources
UZ4-01 Continue to raise public awareness of
X
X
legal
sustainable, ecosystem-compatible fisheries
political
UZ4-02 Support for certification process for blue mussel
X
technical
fisheries in Lower Saxony
UZ4-03 Blue mussel management plan in the Wadden
X
legal
Sea National Park of Lower Saxony
technical
4
No.
Title of measures
UZ4-04
Application
North Baltic
Sea
Sea
X
Sustainable and sound use of non-living
sublittoral resources for coastal protection (North
Sea)
UZ4-05 Environmentally sound management of marine
sand and gravel resources for coastal protection
in Mecklenburg-Western Pomerania (Baltic Sea)
Environmental target 5: Seas without pressures from litter
UZ5-01 Including the topic “marine litter” in learning goals, X
teaching plans and materials
UZ5-02 Modification/substitution of products in a
X
comprehensive life-cycle approach
X
technical
political
X
technical
political
legal
technical
political
economic
legal
political
economic
legal
economic
legal
political
economic
political
political
legal
X
UZ5-03
Avoiding the use of primary microplastic particles
X
X
UZ5-04
Reducing inputs of plastic litter e.g. plastic
packaging, into the marine environment
Measures relating to lost and abandoned fishing
nets and gear
X
X
X
X
Establishing the fishing for litter approach
Removing existing marine litter
Reducing amounts of plastic litter through local
regulatory provisions
Reducing emissions and inputs of microplastic
particles
X
X
X
X
X
X
X
X
UZ5-05
UZ5-06
UZ5-07
UZ5-08
UZ5-09
Mode of
implementation
technical
political
legal
technical
political
economic
Environmental target 6: Seas not impacted by the introduction of anthropogenic
energy
UZ6-01 Development and application of biological limit
X
X
legal
values for the impact of underwater noise on
technical
relevant species
political
UZ6-02 Establishment of a register for impulsive noise
X
X
technical
and shock waves and of standardised mandatory
reporting requirements
UZ6-03 Noise mapping of German marine areas
X
X
technical
UZ6-04 Development and application of noise mitigation
X
X
legal
measures for the North and Baltic Seas
technical
political
UZ6-05 Development and application of threshold values
X
X
legal
for the introduction of heat
UZ6-06 Development and application of ecologically
X
X
legal
sound lighting of offshore installations and
technical
accompanying measures
Environmental target 7: Seas with natural hydromorphological characteristics
UZ7-01 System for hydromorphological and
X
X
technical
sedimentological information and analysis
5
Annex 2
From the programme of measures: environmental report
(Source: sections II.3 and III.3 of the programme of measures)
3.2
Assessment framework
Under section 14f(1) of the Environmental Impact Assessment Act (UVPG), the planning
authority must lay down the framework for the strategic environmental assessment, including
the scope of the report and the level of detail it should contain. Section 14f(2) UVPG
stipulates that authorities concerned and where relevant other stakeholders must be involved
in establishing the scope of the assessment.
In July 2014, the Federation-Länder Committee for the North and Baltic Seas (Bund-Länder
Ausschuss Nord- und Ostsee, BLANO) proposed an assessment framework for the strategic
environmental assessment. From 10 July to 10 August 2014, around 360 authorities,
institutions, environmental groups and users' associations were invited to present written
opinions on the proposed framework. More than half of the 56 submissions agreed with the
framework. The assessment framework was amended in line with the feedback and laid
down by the coordinating council for marine protection on 13 October 2014, taking
references to additional information into account.
The starting point for this assessment are the individual new measures considered for
inclusion in the programme of measures and the programme as a whole. This environmental
report covers both the effects of the programme of measures in the planning area of the
German parts of the North Sea and Baltic Sea and its transboundary effects.
This environmental report must reflect the scope and level of detail laid down for the
programme of measures in accordance with section 45h of the Federal Water Act (WHG).
These measures and their respective level of detail are therefore the decisive factors for the
environmental assessment.
Insofar as further decisions and actions are needed to implement the new measures laid
down in the programme of measures pursuant to section 45h WHG, the impacts of these
decisions and actions must be assessed in the administrative procedures which may be
necessary at different planning levels (tiering in accordance with section 14f(3) UVPG).
The specific form the individual implementing measures take is thus a matter for the
succeeding planning or approval level. Consequently, quantification or precise localisation of
the environmental effects is not part of the environmental report for the programme of
measures pursuant to section 45h of the Federal Water Act (WHG).
This environmental report focuses on the following:




3.3
Current status and development of the environment if the programme of measures is not
implemented
Effects of the measures on the protected assets under WHG and UVPG
Assessment of alternatives
Comments on the future monitoring strategy
Environmental protection objectives
Environmental protection objectives give information on the environmental status being
aimed for (environmental quality objectives). In the 2012 initial assessment drawn up
pursuant to the Marine Strategy Framework Directive (MSFD) the environmental protection
6
objectives of Germany's coastal and marine waters are set by the description of 'good
environmental status' as defined under section 45d WHG in relation to the descriptors marine
biological diversity, non-indigenous species, state of commercially exploited fish and shellfish
stocks, the food web, eutrophication, sea-floor integrity, hydrographical conditions,
contaminants, contaminants in food, marine litter and the introduction of energy. (see part I).
These targets form the basis for the management of marine waters. The description of 'good
environmental status' was arrived at after considering and comparing the goals of
international, EU and national agreements and regulations addressing marine protection, on
the basis of which Germany acknowledged certain principles and committed to pursuing
certain targets.
The common thread for drawing up the programme of measures for the German parts of the
North Sea and Baltic Sea under the MSFD are the seven overarching “environmental
targets” laid down under section 45e WHG, and the operative environmental targets which
further specify them. These targets are management objectives. The environmental targets
under the MSFD bridge the gap between the current status and a 'good' environmental
status in order to achieve the directive's primary objective of achieving or maintaining good
environmental status in the marine environment by 2020 at the latest. The MSFD targets
mainly focus on the regulation of human activities, reduction of pressures and the
conservation of biological diversity.
The selection of environmental protection objectives is based on the description of good
environmental status for coastal and marine waters. Other environmental quality objectives
are based on national planning law and other special legislation, or on international, EU and
national agreements, regulations and plans (see Annex 3). Consideration is only given to
environmental protection objectives that have a bearing on the protected assets under the
SEA Directive and the probable significant effects on the marine environment, and which
have a spatial relevance and degree of abstraction appropriate to the programme. Selection
is therefore limited to a few overarching objectives.
On this basis, the following environmental protection objectives are used for assessing the
effects of the programme of measures (Table II.2 and III.6). Other objectives are derived
from EU law and international conventions as listed in Annex 3.
Table II.6 and III.6 Environmental protection objectives in relation to protected assets
Protected
Environmental protection objectives
assets
Humans and
human health



Animals, plants,
biological
diversity


Protection of humans from harmful environmental impacts, such as
air pollution, noise, pollutants, germs (section 1 Federal Immission
Control Act (BImSchG), Bathing Water Directive, Drinking Water
Directive)
Permanent protection of the recreational value of nature and
landscape (section 1(1)(3) in conjunction with section 1(4)(2),
Federal Nature Conservation Act (BNatSchG), Bathing Water
Directive)
Securing long-term flood control (sections 72 – 81 Federal Water
Act (WHG)
Creation of a biotope network to ensure enduring conservation of
native species and their habitats/continuity of rivers (sections 20(1)
and 21 BNatSchG)
Protection of wild plants and animals, their communities, biotopes
and living sites in order to safeguard the functioning of natural
7
Protected
assets
Environmental protection objectives

Soil



Water (surface
waters/coastal
and marine
waters)




Water
(Groundwater)


Climate and air


systems (section 1(3)(5) BNatSchG, sections 31 to 36 BNatSchG,
Habitats Directive, Birds Directive)
Permanent safeguarding of biological diversity including facilitating
the exchange between populations, migrations and resettlement
(section 1(1)(1), section 1(2) BNatSchG)
Sparing use of land (section 1a Federal Building Code (BauGB))
Protection or restoration of the natural functions of the soil (section
1 Federal Soil Protection Act (BBodSchG))
Consideration of the useful functions of soil as a site for agriculture
and silviculture (section 1 BBodSchG in conjunction with section
2(2)(3)(c) BBodSchG)
Achieving and maintaining a good ecological status (section 27
WHG)
Achieving and maintaining a good chemical status (sections 72 - 81
WHG)
Achieving and maintaining a good status for marine waters (section
45a(1)(2) WHG)
Securing long-term flood control (sections 72 – 81 WHG)
Achieving and maintaining a good chemical status (section 47
WHG)
Achieving and maintaining a good quantitative status (section 47
WHG)
Reduction of greenhouse gas emissions (Energy Concept of the
Federal Government 2010)
Protection of areas with positive effects on the climate (section
1(3)(4) BNatSchG)
Landscape

Permanent safeguarding of the diversity, characteristics and beauty
of the landscape (section 1(1)(3) BNatSchG)
Cultural goods
and other
material assets

Preservation of aboveground archaeological, cultural and
architectural monuments and historical cultural landscapes (Länder
legislation on monument preservation, Article (1) Malta Convention,
section 1(4)(1) BNatSchG)
Preservation of below-ground archaeological, cultural and
architectural monuments and archaeological sites (Länder
legislation on monument preservation, Article 1 Malta Convention,
section 1(4)(1) BNatSchG)
Protection of property and material assets serving the public good,
for instance through prevention of harmful water run-off (section 73
WHG), air pollution and noise (section 1 BImSchG).


3.4
Current environmental status, including environmental characteristics and
environmental status in the case of non-implementation, and environmental problems
Subject of the assessment
The environmental report must deal with environmental characteristics, the current
environmental status and the main environmental problems as part of a status analysis which
takes relevant historical pressures into account.
8
The status analysis must deal with the protected assets referred to in section 2(1) sentence 2
of the Environmental Impact Assessment Act (UVPG), as it is the basis for projecting and
assessing the probable significant environmental effects.
Alongside the current status the report must also examine how the environmental status will
evolve if the programme of measures prescribed in section 45h WHG is not implemented.
This projected development is the point of reference for the environmental status anticipated
once the programme of measures is underway. Unlike the assessment of current status, the
projection of the environmental development in the case of non-implementation of the
programme of measures includes the anticipated effects of other plans and programmes,
and must also take interactions between the different protected assets into consideration.
Environmental characteristics
North Sea
The North Sea is one of the most biologically productive marginal seas of the North-East
Atlantic. The UNESCO World Heritage Site Wadden Sea, the glacial meltwater valley ElbeUrstromtal and Doggerbank are key ecologically effective morphological structures with their
own various species and habitats, and typical features of the German part of the North Sea.
Like many parts of the entire North Sea coastline, Germany's North Sea coasts are densely
populated. Human activities have a major influence on the quality of the marine waters and
marine species and habitats – and hence also on biological diversity. Pressures include
nutrient and pollutant inputs, marine litter, underwater noise in the marine environment and
fisheries through bottom-trawling and biological disturbance of target and non-target species,
the food web and benthic communities.
The rivers Elbe, Weser, Ems and Eider issue into German coastal waters. The German
exclusive economic zone (EEZ) borders those of Denmark, the Netherlands and Great
Britain. The German part of the North Sea belongs to Region II 'Greater North Sea' of the
OSPAR marine area.
Baltic Sea
The Baltic Sea is an intracontinental sea. The Little Belt, Great Belt and the Sound connect
the Baltic with the Kattegat, which is connected to the North Sea via the Skagerrak. The
shallow waters of the straits mean there is only minimal water exchange with the North Sea.
The Baltic's low salinity make it a brackish water sea. Its salt content is particularly influenced
by the high level of fresh water introduced by rivers. Rivers issuing into the coastal waters
include the Schwentine, Trave, Warnow, Peene and Oder. Due to the small overall marine
area, in many places Germany's EEZ is only a few nautical miles wide. The German part of
the Baltic Sea is bordered by the EEZs of Denmark, Sweden and Poland and belongs to the
HELCOM region 'southern Baltic' along with Arkona Basin, Bornholm Basin, Mecklenburg
Bight, Kiel Bight and Little Belt.
Like many parts of the entire Baltic Sea coastline, Germany's Baltic coasts are densely
populated. Human activities have a major influence on the quality of the marine waters and
marine species and habitats – and hence also on biological diversity. Pressures include
nutrient and pollutant inputs, marine litter, underwater noise in the marine environment, and
fisheries through gillnet fishing and biological disturbance of target and non-target species,
the food web and benthic communities.
9
Current status of the German parts of the North Sea and Baltic Sea
The assessment of the current status of the German parts of the North Sea and Baltic Sea is
based on the initial assessment of 2012 compiled in accordance with section 45c WHG. The
table below summarises the results for the different characteristics of the marine ecosystem.
The assessment of the German parts of the North Sea and the Baltic Sea found that biotope
types, phytoplankton, fish fauna, macrophytes, macrozoobenthos, seabirds, and - in the
Baltic Sea in particular - marine mammals, do not have a good environmental status. No
statements were possible for the status of zooplankton, nor were studies undertaken
regarding pressures on marine waters from non-indigenous species or microbial pathogens.
Excessive concentrations of pollutants, nutrients and litter mean that the marine waters also
fail to achieve a good environmental status with regard to their chemical and physical
characteristics. Underwater noise has particularly negative impacts on marine mammals.
Table: Results of the initial assessment 2012 on the status of, and pressures on, the
ecosystem componentns of the German parts of the North and Baltic Seas (Source: Table
II.1 and III.1 of the programme of measures)
Biological
ecosystem
components
Biotope
types
Phytoplankton
Zooplankton
Results of the initial assessment 2012
(updated to incorporate the 2013 Habitats Directive report)
North Sea
Baltic Sea
Status: Overall, the biotopes in the German
Status: Overall, the biotopes in the German
part of the North Sea do not have a good
part of the Baltic Sea do not have a good
environmental status.
environmental status.
Not all the habitats protected under the
Not all the habitats protected under the
Habitats Directive have achieved a favourable
Habitats Directive have achieved a favourable
conservation status. According to OSPAR, the
conservation status. According to HELCOM
Trilateral Wadden Sea Cooperation (TWSC)
and the Red Lists, it must be assumed that the
and the Red Lists, it must be assumed that the dominant and special biotope types are
dominant and special biotope types are
endangered.
Pressures: It is assumed that the biotope
endangered. The mudflats of the German part
of the North Sea have a favourable ecological
types are exposed to excessive pressures
status.
overall. Benthic communities cannot
Pressures: The biotope types are assumed to compensate for the impacts of the various
be exposed to excessive pressures overall.
anthropogenic uses such as bottom-trawling
Benthic communities cannot compensate for
fishery, large-scale sediment removal and
the impacts of the various anthropogenic uses
uses which cause siltation.
such as bottom-trawling fishery and nutrient
enrichment.
Status: Overall, the phytoplankton in the
Status: Overall, the phytoplankton in the
German part of the North Sea does not have a German part of the Baltic Sea does not have a
good environmental status.
good environmental status.
The ecological status of the phytoplankton in
The ecological status of the phytoplankton in
coastal waters pursuant to the Water
coastal waters pursuant to the WFD is
Framework Directive (WFD) is 'moderate' to
‘moderate’ to ‘poor'. HELCOM assesses the
'poor'. Studies by OSPAR and the TWSC
status of Baltic Sea waters off the German
class the German part of the North Sea as a
coast as ranging from 'very good' to 'bad'.
Pressures: Nutrient enrichment and the
'problem area' or 'potential problem area' with
regard to eutrophication.
impacts of climate change are the main
Pressures: Nutrient enrichment, inputs of
pressures affecting phytoplankton.
anorganic and organic pollutants, biological
disturbance and the impacts of climate change
are the main pressures affecting
phytoplankton.
Status: The zooplankton in the German part
Status: The zooplankton in the German part
of the North Sea cannot be assessed due to a
of the Baltic Sea cannot be assessed due to a
lack of scientifically validated assessment
lack of scientifically validated assessment
methods.
methods.
Pressures: Nutrient enrichment, inputs of
Pressures: Nutrient enrichment and the
anorganic and organic pollutants, biological
impacts of climate change are the main
disturbance and the impacts of climate change pressures affecting zooplankton.
are the main pressures affecting zooplankton.
10
Biological
ecosystem
components
Macrophytes
Macrozoobenthos
Fish
Marine
mammals
Results of the initial assessment 2012
(updated to incorporate the 2013 Habitats Directive report)
North Sea
Baltic Sea
Status: Overall, macrophytes in the German
Status: Overall, macrophytes in the German
part of the North Sea do not have a good
part of the Baltic Sea do not have a good
environmental status.
environmental status.
The ecological status pursuant to the Water
The ecological status pursuant to the Water
Framework Directive (WFD) of coastal water
Framework Directive (WFD) of coastal water
macrophytes is predominantly 'moderate' to
macrophytes is predominantly 'moderate' to
'poor'. The TWSC has found that seagrass
'poor'. HELCOM assesses the status of Baltic
meadows are failing to reach their natural
Sea waters off the German coast as
range.
'moderate' to 'bad'.
Pressures: Nutrient enrichment is the main
Pressures: Nutrient enrichment, large-scale
pressure for macrophytes.
substrate removal and bottom-trawling fishery
are the main pressures for macrophytes.
Status: Overall, macrozoobenthos in the
Status: Overall, macrozoobenthos in the
German part of the North Sea do not have a
German part of the Baltic Sea do not have a
good environmental status.
good environmental status.
The ecological status pursuant to the Water
The ecological status pursuant to the Water
Framework Directive (WFD) of coastal water
Framework Directive (WFD) of coastal water
macrozoobenthos is predominantly 'moderate'. macrozoobenthos is predominantly 'moderate'
The TWSC does not assess
or worse. HELCOM assesses the status of
macrozoobenthos. OSPAR considers
Baltic Sea waters off the German coast as
macrozoobenthos as a parameter in the
'moderate' to 'very good'.
Pressures: Nutrient enrichment, bottomassessment of eutrophication, but as yet no
statement can be made as current data is
trawling fishery and large-scale substrate
insufficient. Of 1,241 MZB species analysed,
removal are the main pressures for
the latest Red List (Rachor et al., in print) lists
macrozoobenthos.
15.7% as endangered or extinct. The data is
insufficient for a good third of all the species
occurring and therefore the threat to them
cannot be assessed.
Pressures: It is difficult to attribute changes
directly to individual pressures. Nutrient
enrichment and bottom-trawling are the main
pressures for macrozoobenthos.
Status: Overall, fish in the German part of the
Status: Overall, fish in the German part of the
North Sea do not have a good environmental
Baltic Sea do not have a good environmental
status.
status.
Assessments under the Habitats Directive, by
Latest assessments under the Habitats
OSPAR and the International Council for the
Directive, by HELCOM and ICES have found
Exploration of the Sea (ICES) class the status
that fish fauna are exposed to major
of many species as 'unfavourable' to 'bad'. Of
pressures. However, improvements in the
the109 species on the latest Red List of
populations are becoming apparent. Of the 93
Germany's endangered species of fish and
species on the latest Red List of Germany's
cyclostomata, 31 occur in the German part of
endangered species of fish and cyclostomata,
the North Sea. The OSPAR Red List contains
17 occur in the German part of the Baltic Sea.
19 species which are also found in Germany.
The HELCOM Red List (2007a) contains 10
Furthermore, it can be assumed that the age
species which are also found in Germany.
and size structure of some commercially
Furthermore, it can be assumed that the age
fished populations do not fulfill the criteria for a and size structure of some commercially
good environmental status.
fished populations do not fulfill the criteria for
Pressures: The impacts of fishery, climate
good environmental status.
Pressures: The impacts of fisheries, climate
change and nutrient enrichment are the main
pressures for the development of fish
change and nutrient enrichment are the main
populations and for species distribution and
pressures for the development of fish
composition.
populations and for species distribution and
composition.
Status: Overall, marine mammals in the
Status: Overall, marine mammals in the
German part of the North Sea do not have a
German part of the Baltic Sea do not have a
good environmental status, but there are
good environmental status.
positive developments.
HELCOM assesses the current status of the
OSPAR assesses the status of seals and grey
harbour porpoise, grey seal and seal as ‘bad’.
seals as ‘good’, that of harbour porpoises as
The 2013 assessment pursuant to the Habitats
'moderate'. The TWSC conservation targets
Directive assessed the status of harbour
for seals are considered to have been
porpoises as 'unfavourable – bad' and that for
achieved. The 2013 assessment pursuant to
seals and grey seals as 'unfavourable –
11
Biological
ecosystem
components
Sea birds
Nonindigenous
species and
microbial
pathogens
Results of the initial assessment 2012
(updated to incorporate the 2013 Habitats Directive report)
North Sea
Baltic Sea
the Habitats Directive put the overall status for
inadequate'. Moreover, the German Red Lists
seals and grey seals as 'favourable' and that
classify marine mammals as endangered.
Pressures: Fishery, inputs of anorganic and
for harbour porpoises as 'unfavourable –
inadequate'. Moreover, the German Red Lists organic pollutants and underwater noise are
classify marine mammals as endangered.
the main pressures on the populations and
Pressures: Fishery, inputs of anorganic and
range of marine mammals.
organic pollutants and underwater noise are
the main pressures on the populations and
range of marine mammals.
Status: Overall, seabirds in the German part
Status: Overall, seabirds in the German part
of the North Sea do not have a good
of the Baltic Sea do not have a good
environmental status.
environmental status.
There is no uniform procedure for assessing
There is no uniform procedure for assessing
the status of seabirds. However, along the
the status of seabirds. However, along the
coasts, detailed records have been kept on
coasts, detailed records have been kept on
seabirds for a long time. By and large, the
seabirds for a long time.
Pressures: Fishery, shipping, construction
TWSC assesses the status of seabirds as
'bad'.
works, sand and gravel extraction, litter and
Pressures: Fishery, shipping, litter and
hunting are the main pressures for the
hunting are the main pressures on the
occurrence and species composition of
occurrence and species composition of
seabirds. Existing studies conclude that a
seabirds. Existing studies conclude that a
number of ecologically sensitive species do
number of ecologically sensitive species do
not have a good environmental status.
not have a good environmental status.
The non-indigenous species and microbial
The non-indigenous species and microbial
pathogens throughout the German part of the
pathogens throughout the German part of the
North Sea cannot yet be assessed due to a
Baltic Sea cannot yet be assessed due to a
lack of scientifically validated assessment
lack of scientifically validated assessment
methods.
methods.
Projection of the environmental status in the case on non-implementation of the
programme of measures
This projection focuses mainly on the period up to the end of 2021. In 2021, the programmes
of measures pursuant to section 45h of the WHG must be updated.
The projection in sections II.2 and III.2 of the expected development of the status of the
German part of the North and Baltic Sea indicates that if the programme of measures is not
implemented, further degradation or no improvement can be expected for the protected
assets animals, plants and biodiversity and water. In keeping with the 2012 environmental
targets under the MSFD and the definition of good environmental status, the measures
contained in the programme are well-suited to reducing the identified main pressures, and to
strengthening water body and biodiversity conservation. Should the programme of measures
not be implemented these benefits would not be effected and good environmental status in
the German part of the North and Baltic Sea would not be achieved.
For the protected assets humans and human health, soil (terrestrial), climate, landscape
(terrestrial) and cultural goods and material assets, non-implementation would have a largely
neutral effect. The planned measures support the environmental protection objectives listed
in Table II.7 and III.7, but are not a causative factor for achieving them.
For the protected asset air, non-implementation of the programme of measures would mean
no improvement, possibly even further degradation of air quality. The emission reductions
achieved through the measures would help significantly improve air quality in general and
particularly in a local context (e.g. in ports), and can thus also help protect humans from
harmful environmental impacts.
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3.5 Description of probable significant impacts on the environment from
implementation of the programme of measures.
The effects on the protected assets listed in the UVPG must be reviewed both with regard to
the individual new measures and with regard to the programme of measures as a whole.
The effectiveness of the individual new measures and the programme as a whole for
achieving the goals of the WHG, that is the protection of water, animals, plants and biological
diversity and humans and human health, is described in the fact sheets and summarised in
the justification in sub-sections of II.2 and III.2 of the programme of measures. Under the
protected asset 'water', impacts on the sea-floor and the subsoil beneath are also covered.
All measures are expected to help improve the environmental status of these protected
assets and hence have positive effects. No negative effects on the protected assets are
expected.
The following description also looks at the protected assets named in the UVPG: soil, air,
climate, landscape, cultural goods and other material assets. Interactions between all the
protected assets are also investigated, including the chain of effects and indirect impacts
such as problems being transferred from one environmental asset to another as a result of a
particular measure. Interactions between the WHG protected assets and those under the
UVPG were also studied.
The assessment investigates both positive and negative effects.
The matrix included in the specified assessment framework (cf Annex 4 of the programme of
measures) records (as at October 2014) the protected assets under the UVPG which need to
be studied because they are expected to experience either positive or negative effects. The
planned measures laid down in the programme of measures (as at March 2015) deviate from
this list (see the explanation under II.3.6 and III.3.6. below (review of alternatives)).
Transboundary effects must be presented separately.
The SEA must identify, describe and evaluate impacts on the environment. On the other
hand, socio-economic effects, i.e. uses and economic aspects, are not part of the SEA.
These aspects are the subject of a corresponding impact assessment under section 45h(2)
WHG. Further information on this can be found in section I.3.2. of the fact sheets in
Addendum 1 and in the background document on the socio-economic assessment in
Addendum 2.
Environmental effect of individual plan components
The assessment of environmental impacts shows that all impacts on the assets protected
under the Environmental Impact Assessment Act (UVPG) are expected to be positive. The
effects of the individual measures are documented in the respective fact sheets (Addendum
1).
The expected effects of the planned measures to achieve the environmental targets of the
MSFD are summarised below. Like the programme of measures, this summary is structured
based on the overarching environmental targets of the MSFD. The specific effects depend on
the way the proposed measures are shaped and on the exact form and scope of
implementation.

Environmental target 1: Seas unaffected by eutrophication
The four measures envisaged to achieve this environmental target (cf sections II.2.1 and
III.2.1) have positive effects on the protected asset soil, as nutrient inputs are reduced. In
addition, the measures are expected to have a positive effect on air quality, and indirectly on
13
the protection of human health. One measure (UZ1-02) also has a positive effect on
landscape, as silt deposits resulting from floods are reduced.
In addition, positive interaction between assets is expected, in particular between water
(sea), air, soil and marine biodiversity.

Environmental target 2: Seas not polluted by contaminants
The four measures laid down to achieve this environmental target (cf sections II.2.2 and
III.2.2) will have positive effects on the protected assets air, soil and landscape, as inputs will
be reduced. Some measures are also expected to have a positive effect on cultural goods
and material assets because they help to avoid pollution (UZ2-01).
Positive interaction is expected between water (sea), soil and landscape and animals, plants
and biological diversity. To what extent the anticipated effects will materialise depends on the
specific shape of the individual measures.

Environmental target 3: Seas with marine species and habitats unaffected by impacts
of human activities
The measures to achieve environmental target 3 (cf sections II.2.3 and III.2.3) will have
hardly any impact on the protected assets. The measure for the protection of migratory
species has positive effects on the landscape (terrestrial), to the extent that it improves the
protection of species that live partly or fully in a terrestrial habitat and are characteristic for
the landscape. Positive interactions between the protected assets are to be expected for the
measures.

Environmental target 4: Seas with sustainable and environmentally sound use of
resources
There is a similar assessment for the measures under environmental target 4 (cf sections
II.2.4 and III.2.4). Two of the five planned measures will affect protected assets, in this case
positive effects on landscape, cultural goods and material assets through improved coastal
protection (UZ4-04 and UZ4-05). Positive interactions are expected between the protected
assets water (sea) and animals, plants and biological diversity.

Environmental target 5: Seas without pressures from litter
The nine measures planned to achieve this environmental target (cf sections II.2.5 and
III.2.5) are mainly expected to have positive effects on the soil and landscape (both
terrestrial). Lower waste volumes reduce pressures on the landscape and pollution of the soil
resulting from problematic waste. Depending on the exact shape they take, some measures
could also reduce energy consumption and thus have some climate effects (UZ5-04 and
UZ5-08). The measures also help avoid pollution of wrecks, for example, which has a
positive effect on cultural goods and material assets (UZ5-05).
In general, positive interaction is expected between the benefits for all protected assets.

Environmental target 6: Seas not impacted by the introduction of anthropogenic
energy
The six measures envisaged to achieve this environmental target (cf sections II.2.6 and
III2.6) are expected to have very little impact on protected assets, except for positive effects
on the cultural goods and material assets due to lower noise inputs (UZ6-01 and UZ6-04).
Interactions between assets are not to be expected.
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
Environmental target 7: Seas with natural hydromorphological characteristics
The relevant measure (cf sections II.2.7 and III.2.7) will have no impacts on the protected
assets.
Environmental effect of the overall programme
As already described, the effects of the programme of measures as a whole on the protected
assets named in the UVPG are exclusively positive.
In particular for soil and landscape (terrestrial), positive effects are to be expected as
pressures are further prevented. To a lesser extent, the same applies to the protected asset
air.
At present, the significance of the positive effects on the climate cannot be determined.
Positive effects arise from two measures for reducing emissions of climate-relevant
substances (environmental target 1: UZ1-03 and UZ1-04), and from two measures which
may lead to lower energy use, depending on the form they take and on the ecobalance of the
options available (environmental target 5: UZ5-04 and UZ5-08).
Cultural goods and other material assets are expected to experience positive effects from
two measures to reduce pollution (UZ2-01 and UZ5-05) and two others to reduce noise
emissions (UZ6-01 and UZ6-04).
Many of the measures are expected to generate positive interactions, in particular, for
instance, reciprocal benefits arising from improved water quality and better species, habitats
and biodiversity conservation. Improvements in air quality, terrestrial soil and landscape will
impact positively on marine water quality and biodiversity.
Transboundary environmental effects
The declared purpose of the programme of measures is to help achieve a good
environmental status of the marine waters of the North-East Atlantic, in particular the North
Sea, and the Baltic Sea with regard to marine biodiversity, non-indigenous species, state of
commercially exploited fish and shellfish stocks, the food web, eutrophication, sea-floor
integrity, hydrographical conditions, contaminants, contaminants in food, marine litter and the
introduction of energy. The programme takes into account the environmental targets of other
organisations, e.g. OSPAR, TWSC and HELCOM.
All the measures may have positive effects on the marine environmental status beyond the
borders of Germany's marine waters. However, details of these will only become apparent
after the measures have been further specified and implemented.
Measures relating to human activities and their consequent pressures, which are not
restricted to Germany's marine waters and which are primarily to be pursued at regional or
international level, are expected to have a far-reaching positive influence on the status of the
North and Baltic Seas. Such measures include those concerning inputs and emissions from
shipping (UZ1-03, UZ1-04, UZ2-01, UZ2-02). However, the extent of these positive effects
hinges on the success of efforts to implement international measures.
Other measures that may have a positive transboundary effect are those aimed at species
and habitat conservation. For instance, measures for the conservation of migratory species
can have a positive effect on the status of ecosystems in the waters of North Sea or Baltic
Sea countries located in the range of a particular migratory species: its populations spend
part of their life-cycle in those areas and are important for the ecosystems of the region
(UZ3-02). The same is true of terrestrial species (migratory birds and bats) which may benefit
15
from appropriate measures to minimise the impacts of spatial planning and illumination of
offshore installations (UZ6-06).
The reduction of inputs from both land and marine sources, e.g. nutrients and contaminants
introduced via rivers or air, and of litter and noise in the marine environment, may also lead
to reduced transboundary inputs via sea currents and atmospheric deposition, and hence
also have a positive impact on the marine waters of other North Sea and Baltic states.
The significance of potential transboundary effects cannot yet be gauged. For the North Sea,
initial expectations are that these significant positive effects are especially likely in the
adjacent marine waters of Denmark, Great Britain and the Netherlands, and for the Baltic
Sea in the waters of Denmark, Sweden and Poland, or the HELCOM subregion 'southern
Baltic' which encompasses the Arkona Basin, the Bornholm Basin, Mecklenburg Bight, Kiel
Bight and Little Belt.
3.6. Review of alternatives
Section 14g(2)(8) UVPG stipulates that the environmental report must include a short
description of the reasons for selecting the options reviewed and how the environmental
impact assessment was carried out.
At the least, the zero alternative must be described. The options reviewed in the course of
drawing up the programme of measures should be named. Although not mandatory, a
description of the alternatives that could have been looked into is highly desirable. These
might include alternatives relating to need, planning and location. The justification must make
it clear why alternatives were rejected.
The review of alternatives must be documented in the relevant fact sheet (Addendum 1) for
each new measure. The results of the reviewed alternatives can be summarised in relation to
the planned measures as follows.
The zero alternative was rejected for all measures with the argument that it would not be
possible to achieve the steering effects or the operative environmental targets pursuant to
section 45e WHG intended with the measures. Ultimately the purpose of each of the
measures is to contribute to achieving the environmental targets laid down under section 45e
WHG.
Some alternatives proposed regulatory requirements instead of voluntary standards (e.g.
UZ1-01, UZ4-01). These were rejected because it was felt concrete legal requirements in
such a context would be difficult to communicate to stakeholders and virtually impossible to
implement.
In other cases (e.g. UZ5-03, UZ5-09) a bundle of measures was adopted made up of both
regulatory and public relations measures. Regulation was seen here as playing a
complementary role rather than being an alternative option.
In the case of some measure components (e.g.as part of UZ1-03, UZ2-02) based on
international cooperation, a national approach was considered as an alternative but rejected
on the basis that national measures are less effective.
Technical reasons were cited as justification for the lack of alternatives for measures relating
to environmental target 6 (Seas not impacted by the introduction of anthropogenic energy).
In the case of some measures, especially those for the environmental target 5 'Seas without
pressures from litter', it must be stated that possible alternatives will only become apparent
during implementation – particularly through feasibility studies (e.g. UZ1-02, UZ2-01, UZ5-
16
02, UZ5-04, UZ5-05, UZ5-07, UZ5-08 and UZ5-09). This means that there are no
alternatives to the new measures explicitly envisaged in the programme of measures.
The assessment framework adopted on 13 October 2014 contains a list of the measures
planned at that time. (cf Annex 4 of the programme of measures). The new measures laid
down in the programme deviate from this list for the following reasons:






Some measures were dropped after it was decided that land-based inputs should be
managed under the programme of measures pursuant to section 82 WHG
(implementation of the Water Framework Directive).
Some measures were further defined and renamed in order to more clearly identify
their contribution towards the environmental targets under section 45e WHG.
For the sake of consistency, some measures listed in the assessment framework of 13
October 2014 were consolidated.
Some measure proposals were postponed because administrative consultations had
not been concluded. Where appropriate, they may be forwarded at a later stage in the
context of the public consultation.
Some measures were rejected either because no proof of their efficacy could be
produced or because the measures proved to be impossible to realise politically.
Some new measures were added as part of the concurrent and ongoing planning.
3.7 Difficulties in compiling information
The SEA only draws on information that could be obtained without unreasonable effort. The
assessment was carried out with the level of knowledge available at the time.
The identification and evaluation of the environmental effects were based on an expert
opinion. Projections were made to describe the effects of the individual measures on the
assets protected under the Environmental Impact Assessment Act (UVPG).
There were thus no significant difficulties in the process of compiling information.
3.8 Planned monitoring measures
According to section 14m UVPG, significant effects of the programme on the environment
must be monitored. The purpose of this monitoring is to identify unforeseen negative impacts
at an early stage in order to be able to take suitable remedial measures.
Monitoring predominantly covers environmental effects that the SEA found are likely to be
significantly influenced by the programme of measures. Monitoring measures therefore focus
on environmental effects on the protected assets water, (marine) animals, plants and
biological diversity.
The effects on these assets are monitored through the German Marine Monitoring
Programme (BLMP). The programme is used both for monitoring according to the MSFD
(section 45f WHG) and for current national and international monitoring activities to meet the
requirements of e.g. the WFD, Habitats and Birds Directives, CFP, HELCOM, OSPAR and
TWSC. Monitoring is carried out by federal and Länder authorities according to their
responsibilities.
The BLMP is an instrument used to continuously assess the progress made towards
achieving a good environmental status of marine waters with regard to marine biodiversity,
non-indigenous species, state of commercially exploited fish and shellfish stocks, the food
web, eutrophication, sea-floor integrity, hydrographical conditions, contaminants,
17
contaminants in food, marine litter and the introduction of energy. The programme is
continuously updated and adapted in line with the development of indicators for the
assessment.
Monitoring activities also serve to review the effectiveness of measures and to make
potential adjustments to measures in the context of the periodic updates of the MSFD
programme of measures. The monitoring further helps to identify and address emerging
problems.
For an overview of the parameters and elements of monitoring under the BLMP as at
October 2014, see Germany’s reports according to Article 11 (3) MSFD, which are available
at: http://www.meeresschutz.info/index.php/berichte-art11.html.
3.9 General, non-technical summary
For the German parts of the North Sea and Baltic Sea a regionally coordinated programme
of measures must be established by 31 December 2015 according to section 45h of the
Federal Water Act (WHG), which implements Article 13 of the Marine Strategy Framework
Directive (MSFD).
According to section 45a WHG a good environmental status of Germany’s marine waters is
to be achieved by 2020.
The programme for the management of marine waters in the period 2016-2021 for the North
and Baltic Seas presented in section II.2 focuses on the following environmental issues:
-
Reducing inputs of substances, in particular from anthropogenic sources in the sea
Protection of marine biodiversity, including through spatial measures for the
protection of marine species and habitats
Reducing marine pollution caused by litter
Reducing underwater noise
Pursuant to section 14b in conjunction with Annex 3, no. 1.9 of the UVPG a Strategic
Environmental Assessment (SEA) must be carried out for the programme of measures for
the North Sea and for the Baltic Sea according to section 45h Federal Water Act.
The purpose of the SEA is to identify the environmental effects of the programme, describe
and evaluate them and feed this into the decision-making process. The results are
summarised in this environmental report.
The assessment of environmental effects is based on the qualitative objectives of good
environmental status for marine and coastal waters according to the MSFD and a range of
overarching environmental protection objectives from national planning and other laws as
well as international, EU and national agreements, regulations and plans.
The initial assessment drawn up in 2012 pursuant to section 45c WHG found that in general,
the environmental status of the German parts of the North Sea and Baltic Sea is not good.
The impacts on the assets listed in the Environmental Impact Assessment Act must be
assessed both for the individual measures and for the programme as a whole.
Transboundary effects must be described separately.
The programme of measures is geared towards improving the status of water and of animals,
plants and biological diversity while taking the objectives on the protection of humans and
human health into account. Assessing how the programme affects these protected assets is
part of the planning of measures and shows exclusively positive effects.
18
The assessment of the other assets protected under the UVPG revealed that the individual
measures have no or exclusively positive effects on the assets protected under the UVPG.
The majority of positive effects relate to soil and landscape (both terrestrial), air, and cultural
goods and material assets. Positive interactions between protected assets are expected for
many measures. The extent to which these effects will materialise depends on the specific
shape the measures take during implementation.
The effects of the programme as a whole on the assets protected under the UVPG will also
be exclusively positive. Positive transboundary effects are expected as well, but cannot be
quantified at this point in time.
In all cases, the alternative of non-implementation of measures was deemed not preferable
because no contribution to target achievement would be possible in the case of nonimplementation. Alternatives such as regulatory measures or, in some cases, action by the
national state instead of international cooperation were considered ineffective and not useful,
and thus rejected.
The compilation of information did not pose any significant difficulties, as use was made of
available documents.
Monitoring the environmental effects of the programme of measures is predominantly carried
out through the German Marine Monitoring Programme (BLMP). There is a set of
instruments for ongoing identification, description and evaluation of the status of marine
waters. These instruments help to evaluate the effectiveness of measures, identify potential
new problems that threaten the status of marine waters, and initiate remedial measures.
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