The Norwegian Barents Sea Management Plan and the EC Marine Strategy Directive: Some Political and Legal Challenges with an Ecosystem‐Based Approach to the Protection of the European Marine Environment

• Date: 01 April 2007
• Published date: 01 April 2007
• DOI: http://doi.org/10.1111/j.1467-9388.2007.00539.x
• Author: Knut F. Kroepelien

RECIEL 16 (1) 2007. ISSN 0962 8797

24

© 2007 The Author.

Journal compilation © 2007 Blackwell Publishing Ltd., 9600 Garsington Road, Oxford OX4 2DQ, UK and 350 Main Street, Malden, MA 02148, USA.

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ORIGINAL ARTICLE

KNUT F. KROEPELIEN

The Norwegian Barents Sea Management

Plan and the EC Marine Strategy Directive:

Some Political and Legal Challenges with

an Ecosystem-Based Approach to the

Protection of the European Marine

Environment

Knut F. Kroepelien

This article addresses some of the implications of the

EU’s proposed Marine Strategy Directive for ongoing

work in the regional seas conventions and for

national work on regional marine strategies. The

starting point is the proposed directive’s focus on the

ecosystem approach to the protection of the marine

environment. Key elements within this approach

are analysed, such as integration of environmental

considerations into other policy areas; introduction

of ecological quality objectives; and establishment of

holistic monitoring and assessment programmes. Is

it possible to transform these concepts into legally

binding obligations? What will the implications of the

proposed directive be for the rights and obligations of

EU Member States under international law? A Manage-

ment Plan for the Norwegian Part of the Barents

Sea (‘Barents Plan’) was adopted by the Norwegian

Government in March 2006 and approved by the

Norwegian Storting (Parliament) in June 2006. It

provides an example of a concrete application of the

concepts in the proposed directive. Based on an analysis

of the proposed Marine Strategy Directive and the

Barents Plan, some key political and legal challenges

are discussed in this article.

INTRODUCTION

The increased human use of the world’s marine eco-

systems is unsustainable and new measures are

required to re-establish key environmental functions.

1

In response to this challenge, a proposal for a Marine

Strategy Directive (‘Marine Strategy Proposal’) was

adopted by the European Commission on 24 October

2005 (‘Commission’s Communication’) on which a

political agreement was reached by the Council (Environ-

ment) on 18 December 2006.

2

It forms part of a

larger scheme of initiatives within European environ-

mental policy making called the seven ‘thematic

strategies’ based on the Sixth Environmental Action

Programme.

3

The Marine Strategy Proposal essentially

requires Member States to draw up regional marine

strategies for maritime areas under their national

jurisdiction in the period from the adoption of the

directive until 2016. The strategies will be comprised

of characterization and assessment functions, as well

as programmes of measures. The Member States are

obliged to achieve ‘good environmental status’ in their

maritime areas by 2021 through an implementation of

the programmes of measures.

Will such a new layer of administrative legislation make

any difference? After all, the institutional framework

for the protection of Europe’s seas and oceans has become

highly developed over the last 35 years, including

1

Issues like over-f‌ishing, damages to habitats and chemical pollution

are described in many contexts, for example the Commission

Communication to the Council and the European Parliament of 2

October 2002 Towards a Strategy to Protect and Conserve the

Marine Environment, COM (2002) 539 with further references.

2

Commission Communication to the Council and the European

Parliament of 24 October 2005 on a Thematic Strategy on the

Protection and Conservation of the Marine Environment, COM (2005)

504, Annex: Impact Assessment SEC (2005) 1290; and Proposal

for a Directive of the European Parliament and of the Council of

24 October 2005 establishing a Framework for Community Action in

the Field of Marine Environmental Policy (Marine Strategy Direc-

tive), COM (2005) 505; Proposal for a Directive of the European

Parliament and of the Council establishing a Framework for

Community Action in the f‌ield of Marine Environment Policy (Marine

Strategy Directive – Political Agreement 2005/0211 (COD). All

references to the proposed directive are made to the Commission’s

original proposal since the directive had not been adopted when this

article was f‌inalized.

3

European Parliament and Council Decision 1600/2002/EC of

10 September 2002 laying down the Sixth Community Environment

Action Programme, [2002] OJ L242/1.