Comparative analysis of Maritime Spatial Planning ... - Seanergy 2020

7 TRANSBOUNDARY COOPERATIONThe aim of this section is to examine how and to what extent the legislation in the Member States that arethe subjects of this review provide for transboundary MSP. The need for transboundary cooperation asregards MSP is absolutely clear.A completely logical ordering of maritime activities in one maritime zone may be largely at odds, in spatialterms, with equivalent MSP measures in an adjacent or opposite zone. Such a need for cooperation willtend to arise mainly in terms of economic activities but the need to coordinate conservation andenvironmental protection measures undertaken within the context of MSP cannot be ruled out.7.1 Current practice in terms of transboundary cooperationAs seen in the national studies, national legislation can really only address issues of cooperation relating tosub-national boundaries (e.g. between the German Federal Government and the Laender or between thedifferent countries of the UK), as the--the scope of national legislation is by its nature limited to thenational level. The most that national legislation can do in terms of international cooperation as regardsMSP is to direct decision-makers to take into consideration relevant MSP activities in neighbouring oropposite States and possibly to confer the necessary powers on officials or politicians to negotiate to thatend.The only way that a complete mechanism for supra-national cooperation in terms of MSP can beestablished is at the international level or at the European level in terms of the countries considered in thisreport. At this time, as described in the national reports, EU nations are typically party to a large number ofinternational agreements which concern various different aspects of the use of maritime space on asectoral basis. However, as noted above, there is no supra-national instrument under EU or internationallaw that is concerned with MSP in general or transboundary cooperation relating to MSP in particular.Having said that, the preparation of comprehensive maritime spatial plans will most likely require astrategic environmental assessment pursuant to the SEA Directive. Moreover, Article 7 of the SEA Directivecontains express provisions on transboundary consultation in cases where a proposed plan or programmeis likely to have significant effects on the environment in another Member State or where a Member State,likely to be significantly affected, so requests. This at least provides a partial mechanism for transboundarycooperation on MSP albeit from a particular environmental perspective.In any event bilateral cooperation may in itself be insufficient in terms of the planning of the use ofmaritime space within Europe‟s increasingly congested seas. Instead a sea-basin approach may be moreappropriate in terms of ensuring that cooperation addresses all relevant linkages. One example of such anapproach is „Visions and Strategy around the Baltic Sea 2010‟ (VASAB 2010) which is anintergovernmental forum made up of the countries around the Baltic Sea, including Norway, Russia andDeliverable 2.340 | P a g e