Guidelines for SEA in Marine Spatial Planning for the German Exclusive Economic Zone (EEZ) — with Special Consideration of Tiering Procedure for SEA and EIA

The economic use of the oceans for marine mining, for extracting gravel and sand, laying cables and pipelines and, more recently, installing wind energy plants is increasing. The call to implement spatial structure plans for marine areas has therefore become louder (Molitor 2005 p.66 et seq.). In taking account of various economic, social and ecological interests, such plans aim to identify and resolve potential conflicts at an early stage. Spatial planning is needed not only within the 12 nautical mile zone in the North and Baltic Seas (i.e. in territorial waters), but also within the Exclusive Economic Zone (EEZ), where, for example, most German offshore windfarms are planned (BSH 2006). For this reason, a legal basis for spatial planning in the EEZ (Section 18a Federal Spatial Planning Act, Raumordnungsgesetz, ROG) was established in Germany in July 2004. The applicability of the ROG has been extended to the EEZ, and the Federal Ministry of Transport, Building and Urban Affairs (Bundesministerium für Verkehr, Bau- und Stadtentwicklung, BMVBS) has been empowered to set targets and principles for the German EEZ in the Baltic and North Seas. According to Sections 18a, (7) and 5 ROG, spatial structure planning in the EEZ includes strategic environmental assessment (SEA) as an important component. SEA is an integral part of official procedures implemented by public authorities, governments, and legislative bodies for establishing and changing plans and programmes. It is the purpose of the SEA to ensure that the implications of the plan or programme are comprehensively determined, described and evaluated by means of standardized principles at an early stage and that the results of the evaluation are taken into consideration in establishing and changing plans.