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Erbguth, W., Vandrey, A., Edler, J.. Integration der Küstengewässer: Wasserrahmenrichtlinie und IKZM. In: Schernewski, G., Glaeser, B., Scheibe, R., Sekścińska, A., Thamm, R. (eds.). Coastal Development: The Oder estuary and beyond. Coastline Reports (8), pp. 129-139. EUCC - The Coastal Union, Leiden, 2007.

Zusammenfassung:

Integration of Coastal Waters: Water Framework Directive (WFD) and ICZM

European coasts are of strategic importance for manifold utilisations as fishery, industry and tourism of the European Union. On the other hand, however, the coast is a very sensitive ecosystem. In Mai 2002 the European Parliament and the Council enacted a Recommendation concerning the implementation of Integrated Coastal Zone Management (IZCM) in Europe, which is, according to Art. 249 para 5 Treaty on European Union, not legally binding. The Recommendation advised Member States to conduct or update an overall stocktaking to analyse which major actors, laws and institutions influence the management of their coastal zone. Based on the result of the stocktaking, each Member State concerned, in partnership with the regional authorities and inter-regional organisations, as appropriate, had to develop a national strategy to implement the principles for ICZM. Member States have to report their experiences with a national strategy to the European Commission. Currently, the European Commission evaluates the national strategies. Before 2008 no legislative steps will be taken be the European Commission. The Commission will review its Recommendation and submit to the European Parliament and the Council an evaluation report accompanied if appropriate by a proposal for further Community action. After getting to know the evaluation report the Member states can estimate whether and what kind of instruments for ICZM are effective from the European point of view. It is the task to examine the possibility of a harmonised implementation of both regulations. They both aim for a sustainable use of natural resources, but they have a difference: ICZM refers to all resources and means a integrated complete solution and the WFD is focussing mainly on the medium water. They although have some parallels: ICZM and the WFD are interfacing in their approach. First there will be some descriptions about the ICZM and then the different measures of the WFD and its implementation will be mentioned. A Directive is unlike a Recommendation legally binding fort the member States and has to be implemented into national law. Because of its holistic, complex and strategic approach the WFD is a novelty. According to Art. 1 WFD the Directive encloses all national waters like inland surface waters, transitional waters, coastal waters and groundwater. After Art. 4 para 1 lit. a ii, Art. 2 no. 18 WFD all surface waters should be in a good status. Good surface water status means the status achieved by a surface water body when both its ecological status and its chemical status are at least good. Member States shall protect, enhance and restore all bodies of groundwater, ensure a balance between abstraction and recharge of groundwater, with the aim of achieving good groundwater status at the latest 15 years after the date of entry into force of the WFD. The program of action shall include a holistic concept of all possible legislative and executive instruments. The management plan according to Art. 13 WFD shall include a list of several actions required for stocktaking and monitoring the river basins. While implementing the WFD into national law the legislator not only amended the Federal Water Act but the Laender revised their Water Laws as well. The stocktaking found that for 60 % of national surface waters, 53 % of the groundwater and 91 % of the transitional and coastal waters a good status is unlikely to achieve. A discussion if aspects of the ICZM are obeyed in the WFD´s context will follow. Planning instruments, programmes and management plans are the main interests of this article, as well as public participation legislation. The harmonized implementation of both instruments: WFD as well as ICZM could be used effectively with an appropriate coordination. Primarily they have in common the principle of comprehensive approach. Both respect the close link between marine and terrestrial issues as well as the specific conditions of each environment. Especially in the field of public participation in marine law and the design of action programmes and cultivation plans for costal waters aspects of ICZM could be taken into consideration.

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