European Communities (Marine Strategy Framework) Regulations, 2011

• Jurisdiction: Ireland
• Citation: IR SI 249/2011
• Year: 2011

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 3rd June, 2011.

I, PHIL HOGAN, Minister for the Environment, Community and Local Government in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive 2008/56/EC of the European Parliament and of the Council of 17 June 20081 , hereby make the following Regulations:

1. These Regulations may be cited as the European Communities (Marine Strategy Framework) Regulations 2011.

2. (1) In these Regulations—

“Directive 2008/56/EC” means Directive 2008/56/EC of the European Parliament and of the Council of 17 June 20081;

“marine waters to which these Regulations apply” shall be construed in accordance with Regulation 3(1);

“Minister” means the Minister for the Environment, Community and Local Government.

(2) A word or expression that is used in these Regulations and is also used in Directive 2008/56/EC has, unless the contrary intention appears, the same meaning in these Regulations that it has in that Directive.

3. (1) For the purposes of these Regulations and having regard to the definition of marine waters in Article 3(1) of Directive 2008/56/EC, the marine waters to which these Regulations apply are—

(a) the waters referred to in paragraph (a) of that Article in respect of which the State has jurisdiction, and

(b) the coastal waters, referred to in paragraph (b) of that Article, of the State.

(2) For the purposes of these Regulations, account shall be taken of the transboundary effects on the quality of the marine environment of third States in the same marine region.

(3) These Regulations shall not apply to activities the sole purpose of which is defence or national security.

(4) Notwithstanding paragraph (3), where activities referred to in that paragraph are carried out, the person carrying out those activities shall, insofar as is reasonable and practicable, carry out such activities in a manner that is compatible with these Regulations.

4. For the purposes of these Regulations—

(a) the Minister,

(b) the Minister for Tourism, Culture and Sport,

(c) the Minister for Agriculture, Fisheries and Food,

(d) the Minister for Transport, Tourism and Sport, and

(e) the Minister for Communications, Energy and Natural Resources,

shall take due account of the fact that the marine waters to which these Regulations apply form an integral part of the North-east Atlantic Ocean marine region.

5. (1) The Minister shall, in respect of the marine region referred to in Regulation 4, develop a marine strategy for the marine waters to which these Regulations apply in accordance with paragraphs (2) and (3).

(2) The Minister shall cooperate with any other Member State with which the marine region referred to in paragraph (1) is shared for the purpose of—

(a) ensuring that within that marine region the measures required to achieve the objectives of Directive 2008/56/EC, are coherent and coordinated across that marine region in accordance with the plan of action, set out in paragraph (3), and

(b) without prejudice to the generality of subparagraph (a), ensuring that within that marine region the different elements of the marine strategies referred to in subparagraphs (a) and (b) of paragraph (3), that are required to achieve the objectives of Directive 2008/56/EC, are coherent and coordinated across that marine region in accordance with the plan of action set out in paragraph (3).

(3) The Minister shall—

(a) for the purposes of the preparation of a marine strategy—

(i) cause an initial assessment to be carried out and completed in accordance with Article 5(2)(a) of Directive 2008/56/EC and Regulation 8 which shall be an initial assessment of the current environmental status of the marine waters to which these Regulations apply and the environmental impact of human activities on them,

(ii) cause a determination, to be established in accordance with Article 5(2)(a) of Directive 2008/56/EC and Regulation 9, of good environmental status of the marine waters to which these Regulations apply,

(iii) establish, in accordance with Article 5(2)(a) of Directive 2008/56/EC and Regulation 10, a series of environmental targets and associated indicators, and

(iv) establish and implement a monitoring programme for ongoing assessment and regular updating of targets in accordance with Article 5(2)(a) of Directive 2008/56/EC and Regulation 11 except where otherwise specified in the relevant Community legislation, and

(b) for the purpose of the development of a programme of measures—

(i) develop, in accordance with Article 5(2)(b)(i) of Directive 2008/56/EC and Regulation 12, a programme of measures designed to achieve or maintain good environmental status, and

(ii) cause that programme of measures to enter into operation in accordance with Article 5(2)(b)(ii) of Directive 2008/56/EC.

(4) For the purposes of paragraphs (1), (2) and (3)—

(a) the Minister for Agriculture, Fisheries and Food,

(b) the Minister for Tourism, Culture and Sport,

(c) the Minister for Transport, Tourism and Sport, and

(d) the Minister for Communications, Energy and Natural Resources,

shall—

(i) provide the Minister with—

(I) information that is required for such purposes as the Minister may from time to time request, and

(II) such assistance as the Minister may from time to time request for such purposes, and

(ii) take such action as may be required for such purposes,

within such period, having regard to paragraphs (2) and (3), as the Minister may specify.

(5) Where the status of the sea is so critical as to necessitate urgent action, the Minister shall devise a plan of action in accordance with paragraphs (1), (2) and (3) in agreement with any other Member State that is also located in the marine region referred to in Regulation 4.

(6) Subject to paragraph (7), a plan of action referred to in paragraph (5) shall include—

(a) an earlier entry into operation of programmes of measures, and

(b) where appropriate, stricter protective measures,

if such plan or entry into operation does not, or such stricter protective measures do not, prevent good environmental status being achieved, or maintained, in another marine region or marine subregion.

(7) Where a plan of action referred to in paragraph (6) prevents good environmental status from being achieved, or maintained, in another marine region the Minister shall, in accordance with Article 5(3) of Directive 2008/56/EC, inform the Commission as provided for in that Article and invite the Commission to consider the supportive action referred to in that Article.

(8) For the purposes of paragraphs (5) and (6), a Minister referred to in paragraphs (a) to (d) of paragraph (4) shall—

(a) provide the Minister with—

(i) information in writing that is required for such purposes as the Minister may from time to time request,

(ii) such assistance as the Minister may from time to time request for such purposes, and

(b) take such action as may be required for those purposes,

within such period as the Minister may specify.

6. (1) For the purposes of achieving the coordination referred to in Regulation 5(2), the Minister shall, where he or she considers it is practical and appropriate, use existing regional institutional cooperation structures, including those under the Regional Sea Conventions, that apply to the marine region referred to in Regulation 4.

(2) For the purposes of establishing and implementing a marine strategy, the Minister shall, within the marine region referred to in Regulation 4—

(a) take all steps reasonably open to him or her, to coordinate actions with third countries having sovereignty or jurisdiction over waters in the same marine region using relevant international forums, including mechanisms and structures of Regional Sea Conventions, and

(b) build, in so far as possible, on relevant existing programmes and activities developed in the framework of structures stemming from international agreements including the Regional Sea Conventions.

(3) Coordination and cooperation shall be extended, where appropriate, to all Member States in the catchment area of the marine region referred to in Regulation 4, including land-locked countries, in order to allow other Member States within that region to meet their obligations under Directive 2008/56/EC, and for that purpose the Minister shall use established cooperation structures specified in that Directive or Directive 2000/60/EC2 .

7. (1) For the purposes of these Regulations and Directive 2008/56/EC, the Minister is designated as the authority competent for the implementation of these Regulations and that Directive in respect of the marine waters to which these Regulations apply.

(2) For the purposes of the cooperation and coordination referred to in Regulation 6(1), the Minister is designated as the authority competent for that cooperation and coordination.

(3) The Minister shall consult with—

(a) the Minister for Agriculture, Fisheries and Food,

(b) the Minister for Tourism, Culture and Sport,

(c) the Minister for Transport, Tourism and Sport, and

(d) the Minister for Communications, Energy and Natural Resources,

in relation to the cooperation and consultation referred to in Regulation 6.

(4) The Minister may, for the purposes of the cooperation and consultation referred to in paragraph (3), request any Minister referred to in that paragraph—

(a) to provide the Minister with—

(i) information in writing that is required for those purposes as the Minister may from time to time request,

(ii) such assistance as the Minister may require for those purposes, and

(b) to take any action as may be required for those purposes,

within such period as the Minister may specify.

8. (1) The Minister shall, in consultation with the Ministers referred to in paragraphs...