Kiri

Vastavalt nimekirjale Meie 07.10.2020 nr 7-12/20/4357-2 Taani projekteeritavate merekaitsealade piiriülene keskkonnamõju hindamine Taani teavitas 1. oktoobril 2020 piiriülese keskkonnamõju hindamise konventsiooni (Espoo konventsiooni) keskkonnamõju strateegilise hindamise protokolli alusel Eestit sellest, et Taani on kavandamas uute merekaitsealade moodustamist Põhjameres ning Läänemeres Bornholmi saare ümber. Taani piiriülesele teatele (kuupäevaga 17.09.2020) on lisatud projekteeritavate merekaitsealade moodustamist kirjeldav lühiülevaade (kuupäevaga 15.09.2020), mis on aluseks edasises keskkonnamõju hindamises. Mõlemad ingliskeelsed dokumendid on manuses. Tulenevalt Taani merestrateegias sätestatust on Taani Keskkonna- ja Toiduministeerium koostamas ettepanekut uute merekaitsealade moodustamiseks. Tegevus omab merekeskkonna jaoks positiivset mõju, samas tähendab see ka näiteks kalapüügi piiramist nendes piirkondades. Projekteerimise protsess on algusetapis, asjakohaste materjalide koostamine leiab aset järgnevates etappides. Merekaitsealade moodustamiseks toimuvad konsultatsioonid erinevate huvigruppide ning eeldatatavalt mõjutatud riikidega. Lähtuvalt Taani määratud vastamistähtajast ootame 15. oktoobriks 2020 arvamusi selle kohta, kas Eesti peaks osalema kõnealuse Taani strateegilise planeerimisdokumendi koostamise keskkonnamõju strateegilise hindamise menetluses. Juhul, kui peate vajalikuks Eesti osalemist menetluses, on oodatud ka arvamused selle kohta, milline oluline kahjulik piiriülene keskkonnamõju võiks Eestile kaasneda, et sellega saaks arvestada vastavate materjalide koostamisel. Lugupidamisega (allkirjastatud digitaalselt) Kaupo Heinma asekantsler Lisad: 1) Taani piiriülene teade 2) ülevaate dokument Rainer Persidski, 626 2973, [email protected] Narva maantee 7a/ Tallinn 15172/ 626 2802/ [email protected]/ www.envir.ee/ Registrikood 70001231  MEMO Marine Environment File no. 2018-15220 Ref. RIKLA 17 September 2020 Notification regarding proposal for new protected marine- strategy areas in accordance with the Espoo Convention and the protocol relating thereto Legal basis The Espoo Convention12 and the protocol relating thereto (the SEA Protocol) on transboundary environmental effects incorporated into the EIA Directive and the SEA Directive 3 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 marine-strategy 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. 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 1 Convention 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 3 Directive 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 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) Ministry of Environment and Food of Denmark • Slotsholmsgade 12 • 1216 Copenhagen K Tel. +45 38 14 21 42 • Fax +45 33 14 50 42 • CVR 12854358 • EAN 5798000862005 • [email protected] • www.mfvm.dk 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 marine protected 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 Ministry of Environment and Food of Denmark therefore expects to designate new protected marine-strategy areas in the North Sea and in the Baltic Sea around Bornholm. Description of possible significant transboundary environmental effects The proposal for new protected marine-strategy areas will be prepared with a view to creating a better marine environment. On this basis, a positive effect is expected. The Ministry of Environment and Food of Denmark assesses that possible significant transboundary environmental effects in connection with a proposal for new protected marine-strategy areas may be relevant for the following countries: The UK, Norway, Sweden, Finland, Germany, Belgium, France, the Netherlands, Poland, Lithuania, Latvia and Estonia. Therefore, these countries are invited to submit comments through this Espoo consultation. The proposal entails restriction of fishing activities in the new protected marine-strategy areas. In connection with preparation of the proposal, international fisheries data was selected from the following EU Member States: Sweden, Finland, Germany, Belgium, France, the Netherlands, Poland, Lithuania, Latvia and Estonia. Timetable of work on the proposal for the new protected marine-strategy areas, including consultation process and other involvement of the public The proposed demarcation of the specific areas is under preparation and for this reason the specific plan cannot be enclosed. The proposal will be submitted for a 12-week consultation period later this year, during which it will be possible to comment on the specific plan. At the same time, the environmental report for the proposed new protected marine-strategy areas will be submitted for consultation in the same period on the Ministry of Environment and Food of Denmark's website www.mfvm.dk as well as on the national "consultation portal", www.hoeringsportalen.dk. The final protected areas will be prepared on the basis of the consultation responses received. Stakeholders have been extensively involved as part of the preparations for the proposed new protected marine-strategy areas. A broad range of relevant stakeholders have regularly participated in joint stakeholder meetings, at which, among other things, stakeholders have expressed their interests and requests regarding the process. The stakeholders have also been presented with expert reports, which are included in the basis for the preparation of the proposal, and they have been given the opportunity to ask questions. Invitation to participate in the consultation process 6 https://mst.dk/natur-vand/vandmiljoe/havet/havmiljoe/danmarks-havstrategi/indsatsprogram/ 2 If you wish to participate in the environmental assessment process or you have comments on the transboundary environmental effects described in the attached Demarcation Report and which will be examined in the environmental report, please send your request for participation or comments by no later than 21 October 2020 to [email protected] with file number: 2020-48523. 3  Marine Environment File no. 2018-15220 Ref. RIKLA 15 September 2020 Demarcation prior to preparation of an environmental assessment of a proposal for new protected marine-strategy areas in the North Sea and in the Baltic Sea around Bornholm. The Ministry of Environment and Food of Denmark hereby requests input for demarcation prior to the preparation of an environmental assessment of proposed new protected marine-strategy areas in the North Sea and in the Baltic Sea around Bornholm. Marine protected areas Marine protected areas aim to protect nature and contribute to the overall target of good status of the seas in the Directive. 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 marine protected areas in the North Sea (excl. the Kattegat) and the central Baltic Sea region.1 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 Ministry of Environment and Food of Denmark therefore expects to designate new protected marine-strategy areas in the North Sea and in the Baltic Sea around Bornholm. The demarcation is shown in illustration 1. The proposal The proposed demarcation of the specific areas is under preparation and for this reason the specific plan cannot be enclosed. 1 https://mst.dk/natur-vand/vandmiljoe/havet/havmiljoe/danmarks-havstrategi/indsatsprogram/ Ministry of Environment and Food of Denmark • Slotsholmsgade 12 • 1216 Copenhagen K Tel. +45 38 14 21 42 • Fax +45 33 14 50 42 • CVR 12854358 • EAN 5798000862005 • [email protected] • www.mfvm.dk However, none of the areas are expected to be closer than approx. 750 m to the coast. It is expected that new protected areas will be designated and that there will be an improvement in the protection of existing marine protected areas. Restrictions are expected for a number of activities that may negatively affect nature (life on the seabed and/or in the water column) in the areas. These restrictions could be a ban on fishing with bottom-towed gear, new fixed installations, extracting marine resources, dredging, aquaculture, etc. Restrictions could also include a ban on other fishing with other bottom-towed gear. Illustration 1: Demarcation of the North Sea (including the Skagerrak) and the Baltic Sea around Bornholm. Possibility for input The Ministry of Environment and Food of Denmark will be preparing the demarcation for the future environmental assessment with affected countries from 5 October 2020 to 21 October 2020. In this connection, the affected countries can propose which aspects within their area of authority need to be clarified and assessed in the environmental report. Moreover, they can propose alternative solutions that should be included in the environmental report and in the Ministry of Environment and Food of Denmark's considerations. Thus the demarcation does not allow for proposals for the actual marine protected areas, but is only an opportunity to validate the basis of the related environmental report before it is prepared. 2 Background for the proposal The Marine Strategy Framework Directive2 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. Programme of measures The programmes of measures must contain the measures which need to be taken in order to achieve or maintain good environmental status. The programmes of measures must include spatial protection measures contributing to coherent and representative networks of marine protected areas, adequately covering the diversity of the constituent ecosystems. Moreover, when drawing up the programme of measures, due consideration must be given to sustainable development and, in particular, to the social and economic impacts of the measures envisaged. The overall programme of measures will be submitted separately for consultation at a later stage. This demarcation of environmental assessment therefore only covers the designation of new protected marine-strategy areas in the North Sea and in the Baltic Sea around Bornholm. State of the marine environment The purpose of the Marine Strategy Framework Directive is to achieve a good status in the marine environment. The initial analysis for Denmark's Marine Strategy II showed that good status in the Danish marine environment has generally not been achieved. The initial analysis is available (in Danish) on the Ministry of Environment and Food of Denmark's website: https://mfvm.dk/fileadmin/user_upload/MFVM/Natur/Havstrategi/HSII_foerste_ del_-_endelig_udgave.pdf. The background report for the socioeconomic analysis is also available (in Danish) on the Ministry of Environment and Food of Denmark's website: https://mfvm.dk/fileadmin/user_upload/MFVM/Natur/Havstrategi/Sociooekonomi sk_analyse.pdf. 2 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) 3 The revised monitoring programme for Denmark's Marine Strategy II was published in July 2020. The monitoring programme is available (in Danish) on the Danish EPA's website: https://mst.dk/media/198773/dhs-ii-overvaagningsprogram.pdf. Submitting comments If you wish to participate in the environmental assessment process or you have comments on the transboundary environmental effects described in the attached Demarcation Report and which will be examined in the environmental report, please send your request for participation or comments by no later than 21 October 2020 to [email protected] with file number: 2020-48523. Kind regards Rikke Larsen 4