Institutional obligations for marine protected areas
Directives 92/43/EEC on habitats and 2009/147/EC on wild birds constitute the cornerstone for nature protection in the European Union and a key element of the European Biodiversity Strategy and the attainment of the 30X30 target for marine protected areas. The creation of a European ecological network under the name ‘Natura 2000’ pursuant to these directives aims at the protection of biodiversity and important and endangered habitats and species in all the EU member states.
Greece has included 446 areas in the Natura 2000 network, 174 of which are marine or marine partially protected areas. A significant enlargement of the network of Natura marine areas took place in this country in December 2017.
The main obligation pursuant to these directives is the enactment of conservation measures which meet the ecological requirements of the protected objects as well as measures for the aversion of the degradation of habitats and the disturbance of species in the areas of the Natura 2000 network (articles 6 pars. 1 and 2 of Directive 92/43/EEC) Greece was convicted in December 2020 by the Court of the European Union of non-compliance with Directive 92/43/EEC as it did not designate, as it had to, within the stipulated time limit (by 2012) the necessary conservation measures and the conservation objectives for the Special Conservation Zones which constitute part of the Natura 2000 network (Judgment C-849/19).
Very few marine areas of the Natura network in Greece have an enacted protection regime. In order that this country meets its obligations in question, the Ministry of Environment and Energy has been implementing since 2019 a project cofinanced by the European Union for the drafting of Special Environmental Studies and the promulgation of presidential decrees and management plans for all the areas of the ‘Natura 2000’ network.
In the framework of this project the drafting of 23 Special Environmental Studies is provided for, which will constitute the scientific basis and documentation for the determination of the land uses and activities and the enactment of conservation and management measures in the listed areas.
The steps are determined on the basis of the procedure for the enactment of protection measures stipulated in the legislation on national parks and areas of biodiversity protection (article 21 of L. 1650/1986).
Five years following the start of the project on the drafting of the Special Environmental Studies (2019) and despite the personal commitment of the Greek Prime Minister in the world conference of the International Union for Conservation of Nature (IUCN) in Marseille in September 2021 that the process for the establishment of protection measures for the Natura 2000 areas will be completed by the end of 2022, we are still at an initial stage, and this project is undergoing significant delays. Most of the Special Environmental Studies have, of course, been put under consultation, and yet only five have been approved. These delays are creating a reasonable concern concerning the existence of the political will on the part of this country for the completion of this project and the enactment of protection measures for the listed areas in accordance with EU and national legislation. The non-enactment of conservation measures may lead to a new conviction of this country by the Court of the European Union and the levying of a fine.
Note: The steps for the assessment of the compliance of this country with its obligations in accordance with EU law concern only the official institutionalization of conservation measures and do not pertain to the assessment of whether the conservation measures which will be enacted in the presidential decrees and in the management plans are necessary and appropriate in accordance with the ecological requirements of the protected objects as required by Directive 92/43/EEC.
The attainment of the 30X30 target and the long-term fortification of marine protected areas is directly connected to the enactment of marine special planning which constitutes a key tool for the protection of marine ecosystems, the sustainable use of marine resources and the sustainable development of sea-related economic activities.
Marine spatial planning constitutes a process for the rational organization of the marine area and the allocation of marine uses and activities in this area within this space in order to protect the marine ecosystems and attain socioeconomic objectives.
Pursuant to Directive 2014/89/EU all member states are obligated to conclude integrated cross-sectoral marine spatial plans implementing the ecosystemic approach and the promotion of the coexistence of marine activities. The time limit on the basis of this directive for the establishment and publication of marine spatial plans was March 2021.
The steps are based on the related provisions of the Greek legislation, which has incorporated into the domestic law the provisions of Directive 2014/89/EU on marine spatial planning.
Greece has not enacted marine spatial plans, as it had to under directive 2014/89/EU, and on this ground, the European Commission brought this country before the Court of the European Union in December 2023. The hearing of the case is expected within the imminent time period. Despite the referral before the Court, progress has not been noted for the enactment of marine spatial planning and the related procedure is at a very early stage. The National Spatial Strategy on marine space, which constitutes, in accordance with the national legislation, part of the marine spatial planning and by which it is anticipated to designate the individual spatial units for the drafting of the marine spatial frameworks, was placed under consultation in January - February 2022 and has not been approved yet. Furthermore, several scientific programs have been implemented, including surveys concerning marine spatial planning in Greece, but it is not clear how they will be utilized for the drafting of the marine spatial frameworks by the competent Ministry.
Also, in complete opposition to the imperatives of the directive for an integrated cross-sectoral approach to the siting of activities
in marine space, Greece seems to have adopted a sectoral approach to the development of activities at the sea, via the enactment of special spatial frameworks and areas of organized development of productive activities (e.g. for aquacultures, off-shore wind farms) as well as via concession contracts for hydrocarbon exploration and extraction. By these actions, Greece is annulling, in essence, the objectives and the benefits of marine spatial planning and defies the imperatives of the relevant EU directive.