MSP in Germany

Planning on national level
National legal base is the general Spatial Planning Act („Raumordnungsgesetz“ / ROG; http://www.gesetze-im-internet.de/rog_2008/index.html), which was made applicable to the EEZ in 2004. According to the German Spatial Planning Act the Federal Government is responsible for maritime spatial planning in the German EEZ.
The amended ROG was decided in 2017 to (inter alia) implement the EU MSP directive.
In 2019 a first consultation and scoping phase will start to evaluate the two maritime spatial plans in the two EEZs.
The Federal Ministry of the Interior, Building and Community (BMI) is responsible for setting up maritime spatial plans for the German EEZ in the North and Baltic Sea.
The guiding principles of spatial plans under the general Spatial Planning Act include:

  • Securing and strengthening maritime traffic,
  • Strengthening economic capacity through spatial development and optimisation of spatial use,
  • Promotion of offshore wind in accordance with Federal Government’s sustainability strategy,
  • Long-term sustainable use of properties and potential of EEZ through reversible uses, economic use of space, and priority of marine uses, and
  • Securing natural resources by avoiding disruptions and pollution of marine environment.

The national Spatial Planning Act has been revised and was implemented in 2016, mainly with regard to the MSP Directive’s requirements for transboundary consultation and coordination in MSP, for taking into account the land-sea interactions and for applying the ecosystem approach.

In 2018 the revision process of the MSPs for the EEZ of the Baltic and the North Sea has started with a planned preliminary draft and consultation (as part of the legislative procedure) in 2019. The final plan is foreseen for 2021. 

Planning on regional level

  • The territorial sea is an integrated part of the (terrestrial) spatial plans of the coastal federal states.
  • The ROG and the respective spatial planning law of each federal state provide the legal basis for federal plans and programmes:
    • Schleswig Holstein: The State Development Plan was last amended in 2015. The start of the consultation for this plan was end of 2017.
    • Mecklenburg Vorpommern: The Spatial Development Plan was extended to the 12-nm zone between 2003-2005 and adopted in 2005. Between 2013-2015 it was updated and became a legally binding act in 2016.
    • Lower Saxony: The Federal Spatial Planning Program (LROP) contains the regional planning for the state of Lower Saxony. The LROP is based on a 1994 regulation, has since been updated several times, republicized in 2008 and last amended in 2017.
  • Each federal state (Lower Saxony, Schleswig-Holstein, and Mecklenburg-Vorpommern) has authority to develop MSP plans for the territorial sea (12 nm-zone)


Maritime Spatial Plan for the Territorial Sea of the Baltic Sea – Mecklenburg-Vorpommern

In Mecklenburg-Vorpommern, the Spatial Development Programme (SDP) Mecklenburg-Vorpommern aims to implement the principles of sustainable spatial development which may bring social and economic requirements to be met by the territory into harmony with its ecological functions, and which leads to a long-term, large-scale and balanced spatial development. The plan was extended to the 12-nm zone between 2003-2005 and adopted in 2005. Between 2013-2015 it was revised and adopted and became a legally binding act in 2016.

Legal basis
In addition to ROG the legal base for spatial planning in Mecklenburg-Vorpommern is the Law on Spatial Planning (“Landesplanungsgesetz”, LPlG M-V). Article 6 (1) states, the area the law is covering, is the entire “Land”, including the territorial sea. Presumably, the LPIG M-V will be revised during the next legislative period. It already meets main requirements of the EU MSP Directive. Up to a revision of the LPIG M-V, the ROG with its latest amendments is the dominant legislation regarding the implementation of the EU Directive into national law (concurrent legislation).

Objectives of the plan
The Spatial Development Programme Mecklenburg-Vorpommern aims to implement the principles of sustainable spatial development which may bring social and economic requirements to be met by the territory into harmony with its ecological functions, and which leads to a long term, large-scale and balanced spatial development.

The applicability of the SDP includes territorial waters (12 nm-zone) to ensure a conflict management between the demands of new technologies (offshore wind energy sites), tourism and nature protection, and traditional sectors like shipping, fishing and defence at an early stage.

Sustainable development has always been and still is a guiding principle of spatial development in Mecklenburg-Vorpommern. The Programme aims at building harmonious relations between economy, employment, environmental conservation and development focusing on equivalent living conditions. Considering economic, social and environmental status of the federal state, its priorities include securing high quality jobs and meeting needs for qualified staff while utilizing possibilities created by administrative procedures and interpretation of laws.

The binding objectives, principles and other requirements of spatial planning are the framework for further development. This framework may guide those involved in public planning and those representing private interests at an early stage of preparing and implementing measures with spatial impacts.

The SDP has strategic character and outlines the priorities for the management of spatial uses in the coastal waters of Mecklenburg-Vorpommern. The SDP starts with twelve guidelines, at which the 12th guideline (safeguarding and using potentials of the territorial waters) is of special importance regarding maritime spatial planning.

Planning regulations
Driven mainly by coastal development main areas of intervention in the coastal waters with respective spatial designations are protection of the marine environment, sand and gravel extraction, coastal protection, fisheries and aquaculture facilities, tourism, shipping, areas for offshore wind energy, which do not allow for any further offshore wind energy development outside of these areas, and corridors for linear infrastructure (cables, pipelines).

Historic development
The Spatial Development Programme of Mecklenburg-Vorpommern was extended to the 12-nm zone during the realignment in 2003-2005. Mecklenburg-Vorpommern is the first German coastal state that has integrated designations for single uses in the 12-nm zone into its regional development program. The extended programme was adopted at first time in 2005 and became a legally binding act.

In the years 2013 – 2015 the SDP was being updated. By updating its SDP, Mecklenburg-Vorpommern intends to intensify its comprehensive and multidisciplinary spatial planning. This shall support sustainable future development of the federal state and benefit its inhabitants. The updated Programme reflects current challenges, development trends and framework conditions.

The new SDP was adopted by ordinance of the State Mecklenburg-Vorpommern in 2016 and became a legally binding act, published in the Legal and Regulatory Gazette of the Federal State. Sustainable development as guiding principle of spatial development persists. The Programme aims at building harmonious relations between economy, employment, environmental conservation and development focusing on equivalent living conditions. Considering economic, social and environmental status of the federal state, its priorities include securing high quality jobs and meeting needs for qualified staff while utilizing possibilities created by administrative procedures and interpretation of laws.

The SDP has been subject to a strategic environmental assessment (SEA) as required by European and national legislation.

The SDP has been developed in a multi-step process, which included public participation. This wide and transparent involvement should help to gain wide acceptance for the implementation of the programme’s requirements. For the LEP M-V (2005) as well as for the LEP M-V (2016) two broad participation processes have been conducted including public participation. Additionally, both processes have been accompanied by several regional conferences organised by the responsible ministries.

Transboundary consultation took part with Denmark, Sweden and – with a special importance – Poland. According to intergovernmental agreements about the SEA, the complete texts of the drafts of the LEP M-V as well as of the environmental report have been translated into Polish and have been forwarded to responsible Polish administration.

References

MSP Country Information Profile Germany, 2018, EU MSP Platform

MSP Country Fiche Germany, 2020, VASAB/HELCOM