Advanced Search

The Law On Water And The Organisation Of The Management Of The Sea

Original Language Title: Laki vesienhoidon ja merenhoidon järjestämisestä

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Law on the organisation of water management and management

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

Chapter 1

General provisions

ARTICLE 1
Purpose

This Act provides for the organisation and management of water management and management, cooperation and participation in the water management area and the oceanic area, as well as international cooperation on water management and management Organisation of the project. The overall objective of the management of water management and management is to protect, improve and restore water and the Baltic Sea, so that the state of surface water and groundwater or the Baltic Sea does not deteriorate and that their status is at least good. The planning of water management and sea management will be carried out and implemented in a coordinated and coherent way. (25/03/98)

The purpose of this Act is that, in addition to the quality of water, water management is taken into account in the organisation of water management, the sustainable use of water, water services and their economic analysis, flood risk management, water recreation, water And protection of aquatic ecosystems and terrestrial ecosystems and wetlands directly linked to aquatic ecosystems. (24.6.2010/623)

The organisation of maritime management shall be subject to an ecosystem approach to the management of pressures and impacts of human activities on the marine environment, in order to achieve good environmental status of the marine environment or the ability of marine ecosystems to react to the , while allowing for the sustainable use of maritime goods and services, there is no risk of change. (25/03/98)

ARTICLE 2
Definitions

For the purposes of this law:

(1) Surface water Water-covered area, coastal water, river exchange and territorial waters; (25/03/98)

(2) Groundwater, Water which is in the saturated zone under the surface of the earth and in direct contact with the rock or soil;

(3) Coastal water Surface water on the ground of a line whose every point is at a distance of one nautical mile from the nearest point of the basic line from which the width of the territorial waters is measured, and which at any point is confined to the river;

(4) By surface water body A separate and substantial part of the surface waters, such as lake, reservoir, stream, river or channel, part of the stream, the river or canal, the river-changing area or the part of the coastal water; (25/03/98)

(5) The body of groundwater A single presence of water, located in porous and permeable soil or rock formations, allowing significant groundwater flow or significant ground water abstraction; (29.12.2009)

(6) River basin The area from which all surface-casting flows through the stream, by the lake or by the river or through the delta area; (25/03/98)

(7) Part of the river basin The area from which all surface-casting flows through the stream, by the lake or by the river to a particular river basin; (25/03/98)

(8) In the river-changing area A body of surface water, which is partly in the vicinity of the river, due to its proximity to the coastal waters, but to which the flow of unsalted water is significantly affected; (25/03/98)

(9) In marine waters Waters, the seabed and the seabed in the seabed area as defined in paragraph 3, extending to the external border of the Finnish Economic Zone, and coastal waters, their seabed and their interior, in so far as the state of the marine environment Are not provided for in the organisation of water management; (25/03/98)

(10) Marine ecosystem The grouping of marine life communities and their habitats; (25/03/98)

(11) On the marine environment The general state of the environment in marine waters, taking into account the structure, operation and processes of the constituent marine ecosystems, natural physiographic, geographical, biological, geological and climatic factors and physical, acoustic and Chemical conditions, including those resulting from human activity in or outside the area concerned. (25/03/98)

ARTICLE 3 (29.12.2009)
Water management area

The water management area consists of one or more river basins. The coastal water body and the body of groundwater are part of the most suitable water management area. In river basins crossing the national border, the water management area is part of the river basin district in the territory of Finland. The river basins extending to the territory of the other Member State shall be the international water management area as specified.

§ 4
Authorities

The Ministry of the Environment and the Ministry of Agriculture and Forestry will guide and monitor the implementation of this law. The Finnish Environment Agency carries out the tasks assigned by the Ministry of the Environment and the Ministry of Agriculture and Forestry as well as the tasks assigned to it by the Ministry of Nature and Forestry in order to implement this law. (27.6.2011)

The Centre for Food, Transport and the Environment shall perform its tasks under this law within its territory. (22.12.2009)

The Ministry of the Environment is responsible for cooperation with other countries in the basin of the Baltic Sea basin. The Finnish Environment Agency, the Centre for Enterprise, Transport and the Environment, as well as other competent authorities, shall cooperate in their respective areas of activity. (25/03/98)

The Finnish Environment Agency, the Institute of Aeronauts, Natural Resources, Business, Transport and Environmental Centres, as well as the Forest Board, are responsible for monitoring and other activities in the field of marine management. (27.6.2011)

Other State and municipal authorities in the water management area and in marine waters are involved in the organisation of water management and management within the meaning of this Law. (25/03/98)

§ 5 (22.12.2009)
Responsibilities of the Food, Transport and Environment Agency

In each river basin district, the functions of life, transport and the Agency include:

(1) draw up a report on the characteristics of water;

(2) draw up studies on the effects of man on water;

(3) draw up financial reports on water use;

(4) collect data on the areas covered by the Government Decree, which are protected under European Community law;

(5) collect the necessary information on the areas covered by the economic water supply;

(6) prepare the classification of water status;

(7) organise the monitoring of water and establish a water monitoring programme;

(8) prepare a river basin management plan and an operational programme;

(9) carry out the tasks assigned to it by the Ministry of the Environment and the Ministry of Agriculture and Forestry.

The role of the Agency in the organisation of maritime transport activities is within its sphere of competence:

(1) participate in the preparation of a preliminary assessment of the characteristics of the marine environment and the marine environment coordinated by the Finnish Environment Agency;

(2) make the necessary studies to determine the good status of the marine environment and the setting of environmental objectives and the associated descriptors;

(3) participate in the preparation of the Baltic Sea monitoring programme, coordinated by the Finnish Environment Agency, and shall organise monitoring for coastal waters;

(4) prepare the marine management plan and its operational programme and manage the other tasks assigned by the Ministry of the Environment and the Ministry of Agriculture and Forestry to manage the sea.

(25/03/98)

The Finnish Environment Agency shall be responsible for the preparation of the monitoring programme for the marine management plan and shall provide expert assistance to the Centre for Enterprise, Transport and the Environment referred to in paragraphs 1 and 2 and shall keep the information referred to in paragraph 1 (4). Established a register. (25/03/98)

ARTICLE 6 (22.12.2009)
Council Regulation on water management areas

More detailed provisions are laid down for the water management areas and for the coordination of the water management area, the Transport and Environment Agency.

Chapter 2

Water Status

§ 7
Water characteristics

The surface waters are subdivided into the organisation of water management according to geographical and natural characteristics. Groundwater is defined as the location and boundaries of important and other aquifers suitable for water supply, as well as the general characteristics of the land and bedrock of the aquifers. For the purpose of identifying the characteristics, the waters may be considered as a whole.

§ 8
Classification of water status

Groundwater and groundwater are classified according to the magnitude of the change in human activity. The surface water category is based on ecological and chemical status, whichever is worse.

The ecological status of surface water is excellent, good, satisfactory, avoiding or poor. The classification shall be made in proportion to the reference conditions. The best achievable ecological status, proportionate to a good, satisfactory, avoidance and poor state, is the best achievable ecological status as the reference conditions for artificial and artificial surface water bodies.

The chemical status of surface water is good if it complies with the environmental quality standards for noxious substances as defined in the Community legislation laid down in the Regulation.

Groundwater is classified in good and bad conditions based on chemical and quantitative properties.

§ 9 (22.12.2009)
Monitoring

In the water management area, monitoring of surface water and groundwater shall be organised in such a way as to provide a coherent and comprehensive picture of their condition.

Water monitoring programmes drawn up by means of food, transport and environmental centres are coordinated in the water management area and integrated into the river basin management plan. When drawing up the monitoring programme, account shall be taken, where appropriate, of any other monitoring under the law.

ARTICLE 10
State Council Regulation on water status

The decree of the Council of State provides for:

(1) the distinction between geographical and natural characteristics of surface water types, the review of artificial and highly modified surface water and the determination of reference conditions specific to surface water; and Selection of reference areas;

(2) examination of the characteristics of groundwater;

(3) the detailed content and preparation of reports on the status and use of water, as well as the economic analysis of water services;

(4) water monitoring and monitoring programmes;

(5) criteria for classification of surface waters and groundwater.

The Government Decree may further provide for matters relating to the matters referred to in paragraph 1 if it is necessary to implement Directive 2000 /60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy To implement.

Chapter 2a (12/04/1263)

Groundwater areas

Article 10a (12/04/1263)
Determination of the groundwater area

The Centre for Food, Transport and the Environment defines the boundary of groundwater formation ( Area of formation ) And the outermost region, which has an impact on the quality or the formation of water in the body of groundwater ( Groundwater area ). Where there are no significant difficulties in determining the boundary between a water supply or a suitable groundwater area or its formation zone, the groundwater area may also be determined at points.

In order to determine the area of groundwater, a hydro-geological description of the area shall be drawn up, a description of the general characteristics of the land and the bedrock of the area, and an assessment of the quantity of groundwater in the area, the water level and the flow directions.

The decree of the Council of State may provide for a more precise definition of the demarcation of the demarcation zone and the boundary of the groundwater area and the related explanations.

Article 10b (12/04/1263)
Classification of groundwater

The Centre for Food, Transport and the Environment shall classify the water supply in the aquifer on the basis of the suitability and need for protection:

1) 1. For the supply of water for the purpose of water supply, an important aquifer whose water is being used or intended to be used for the water supply of the colony or, on average, 10 cubic metres per day or more than 50 people; Needs;

2) a groundwater base suitable for the use of other water supply lines, which, on the basis of the application of groundwater and other characteristics, is suitable for the use referred to in paragraph 1.

In addition, the Centre for Food, Transport and the Environment also classifies an "E" category of groundwater that is directly dependent on groundwater or terrestrial ecosystems.

A decree of the Council of State may lay down further criteria for the classification of the ground water area.

Article 10c (12/04/1263)
Modification of the border and classification of groundwater

The system of food, transport and the Agency shall amend the delimitation or classification of the groundwater area, if required by the information which is substantially effective.

Article 10d (12/04/1263)
Preparation and classification of groundwater

The determination and classification of the groundwater area shall be carried out in accordance with Article 15 (1) and (2). The Agency shall request an opinion on the location of the aquifers and the municipalities whose water supply or land use is limited by the delimitation and classification of the aquifers. From the union in whose territory the ground water area is situated.

The Centre for Food, Transport and the Environment shall deposit information in the environmental protection information system on the boundaries, classification and classification of groundwater areas as well as other characteristics of the groundwater.

A decree of the Council of State may provide for more detailed information on the information to be provided and on the procedure to be followed in the consultation, as well as on the information system relevant to the information system.

Article 10e (12/04/1263)
Groundwater protection plan

The municipality may draw up a plan for the protection of groundwater in an area of groundwater located in the territory of the municipality, which is subject to significant activity affecting the state of groundwater, or where the environmental objectives of this law so require. The protection plan may be drawn up in cooperation or with other operators.

The protection plan shall be included as appropriate:

(1) information on groundwater conditions in the area, the state of groundwater and the current and planned land use;

(2) information on water abstracts in the area and the importance of groundwater in the area for the extraction of water;

(3) information on a decision pursuant to Article 11 of Chapter 4 of the Water Code on water-sensitive areas and an assessment of the need for a review of the decision or the need to apply for a protection area;

(4) information on the risks of groundwater pollution and the assessment of measures to reduce the risk of pollution;

(5) information on other matters relevant to the protection of groundwater.

The Government Decree may provide for more detailed information on the information to be included in the protection plan.

Article 10f (12/04/1263)
Preparation of the groundwater protection plan

The municipality shall, when drawing up or amend the plan for the protection of the aquifer, have an opportunity to consult and express an opinion on the proposal. The proposal for a protection plan shall be submitted to the opinion of the municipalities which may be covered by the protection plan, as well as the area covered by the protection plan from the competent industry, transport and environment centre and the Regional Administrative Agency.

The municipality shall publish and communicate the protection plan and submit a protection plan to the Business, Transport and Environment Agency for a significant environmental protection information system.

The decree of the Council of State may provide for a more detailed procedure for the provision of information in the protection plan.

Chapter 3

Water management plan and operational programme

ARTICLE 11
Water management plan

A river basin management plan shall be drawn up in the water management area. The river basin management plan shall summarise:

(1) information on the water management area;

(2) information on the characterisation, classification, environmental objectives and other aspects related to the status and use of water bodies in the water management area;

(3) changes in the plan compared to previous plans;

(4) measures taken, additional provisional measures taken and an assessment of the effects of exceptional circumstances;

(5) an assessment of the achievement of the environmental objectives referred to in Chapter 4 and an analysis of the choice of alternatives;

(6) a report on the contributions made during the preparation and the negotiations between the Member States and on their impact on the content of the plan and on the choice of alternatives.

The preparation and revision of the river basin management plan shall take into account the marine management plan referred to in Chapter 4a. (25/03/98)

An environmental report shall be presented as part of the river basin management plan. The environmental report is laid down in the environmental impact assessment of the authorities' plans and programmes. (2011) By law. (25/03/98)

Public authorities and institutions providing public services shall provide the necessary information in their possession, free of charge, to the Centre for Enterprise, Transport and the Environment other than personal data in order to produce a river basin management plan. The authorities shall disclose information to the public authorities of the (18/09/1999) Without prejudice to secrecy provisions. In addition, non-specific information shall be disclosed in accordance with the provisions of (194/2008) Without prejudice to secrecy provisions. (22.12.2009)

ARTICLE 12
Operational programme

The programme of measures shall be drawn up in order to achieve the environmental objectives of water management, taking into account the studies carried out on the characteristics of water and the effects of man on water and the economic studies of the use of water. The operational programme may consist of a programme for one or more river basins. The programme of measures will be considered as part of the river basin management plan. (25/03/98)

The operational programme shall include:

1) basic water management measures, such as water and environmental protection legislation;

(2) complementary measures to water management, such as other administrative and financial means, contracts, water rehabilitation and training and research projects;

(3) measures for exceptional situations;

(4) combinations of alternative measures; (24.6.2010/623)

5) a summary of the law on flood risk management (1920/2010) And an explanation of their impact on the environmental objectives of water management. (24.6.2010/623)

Additional measures for water management are measures which are necessary in addition to the basic measures, in order to achieve the environmental objectives referred to in Chapter 4. (25/03/98)

ARTICLE 13 (22.12.2009)
Preparation of the river basin management plan

For the purpose of drawing up a river basin management plan, the Agency shall:

(1) a timetable and work programme for the management of the management plan at least three years before the start of the management plan;

(2) a summary of the main water management issues at least two years before the start of the management plan; and

3) a management plan proposal at least one year before the start of the management plan.

ARTICLE 14 (22.12.2009)
Cooperation in preparation of the river basin management plan

At the various stages of the preparation of the river basin management plan, the Agency shall organise appropriate cooperation and interaction with the different authorities and other bodies in its territory. There must be at least one cooperation group for this purpose. Working groups may also be based on river basins.

For the coordination of the river basin management plan, the water management area shall be composed of representatives of industry, transport and environmental centres and a steering group established by the Ministry of Agriculture and Forestry. The activities of the steering group shall be coordinated by the Centre for Enterprise, Transport and the Environment. The composition of the steering group is determined by the Ministry of the Environment.

The conclusion of coordination and preparatory documents in the international water management area may be provided by an international agreement which is binding on Finland.

§ 15 (22.12.2009)
Participation and information

Access to documents and background documents referred to in Article 13 shall be reserved for all means of life, transport and the Agency, and an opportunity to express an opinion in writing on the preparatory documents Or electronically. The publication of preparatory documents and background documents is governed by the law on public authorities' activities.

The industry, transport and the Agency shall publish an alert for the presence of the preparatory documents in the local authorities' bulletin boards. The documents shall be displayed on the necessary part of the local authorities and shall be published electronically. In addition, the Agency shall request the necessary opinions.

In addition, the proposal for a management plan and a coordinated river basin management plan shall be reported in the general public newspapers and, where appropriate, provide briefings to provide an opportunity to express an opinion.

ARTICLE 16 (22.12.2009)
Treatment of the water management plan

The proposal for a river basin management plan will be discussed and coordinated in the steering group.

The Centre for Enterprise, Transport and the Environment shall submit a proposal for a management plan for the water management area to the Ministry of the Environment.

§ 17
Approval of river basin management plans

Water management plans are approved by the Finnish Government.

The decision on the river basin management plan shall be adopted after the application and shall be deemed to have been brought to the attention of the interested parties once it has been given.

Information on the approval of river basin management plans shall be provided to the means of life, transport and the environment, which shall continue to provide information to the local authorities and to the authorities consulted at previous stages of the proceedings. The food, transport and the Agency shall be subject to approval in the municipality's bulletin board and shall be given adequate notice in the newspapers. The approved river basin management plan for the municipality must be visible in the municipality. (22.12.2009)

The Ministry of the Environment publishes water management plans approved by the Council of Ministers electronically.

Provisions may be made in the international water management area to be notified of the decision of the State Council in an international agreement which is binding on Finland.

ARTICLE 18
Appeals appeal

The decision to approve the river basin management plan shall be subject to appeal by the appeal to the Supreme Administrative Court, as referred to in the Administrative Law Act (18/06/1996) Provides. The complaint may be made on the grounds that the decision is unlawful. The decision of the State Council shall apply as provided for in Article 31 (2) of the Law on Administrative Law.

The right to appeal shall be the person whose right, obligation or decision may be affected by the municipality, the municipality concerned, the public interest authorities and the registered local or regional association or the foundation, Designed to promote the protection of the environment or of natural resources and to which the river basin management plan applies.

§ 19
Revision

The targets set out in the River Basin Management Plan for water management and the combinations of measures to be presented in the operational programme shall be reviewed every six years. The revision shall apply mutatis mutandis to the preparation and approval of the river basin management plan and the operational programme.

§ 20
Government Decree on the River Basin Management Plan and the Operational Programme

The decree of the Council of State provides for the establishment of a river basin management plan and a programme of measures, the setting of deadlines and the organisation of cooperation in the preparation of the river basin management plan.

In addition, the Government Decree may provide for more specific provision of the environmental objectives set out in the river basin management plan and in the operational programme, as well as the information to be provided in the plan and programme.

Chapter 4

Environmental objectives in the river basin management plan

ARTICLE 21
Environmental objectives for water management planning

The aim of the water management plan and the operational programme is to:

(1) the status of surface and groundwater bodies does not deteriorate and that their condition is at least good;

(2) the status of artificial and highly modified bodies of water referred to in Article 22 below will not deteriorate and have at least a good ecological status and good chemical status to be achieved;

(3) surface water bodies are protected, improved and restored in such a way that the status referred to in paragraphs 1 or 2 can be reached by 2015 at the latest;

(4) groundwater bodies shall be protected, improved, restored and a balance between groundwater abstraction and groundwater shall be ensured so that the status referred to in paragraph 1 can be reached by 2015 at the latest;

(5) prevention of the persistent and significant increase in concentrations of pollutants in groundwater bodies.

The status of the waters of the designated area referred to in Article 5 (1) (4) shall be at the level of protection required by 2015 at the latest.

Water status cannot be considered to be contrary to environmental objectives if an exceptional natural or accident causes temporary deterioration of water status or prevents the achievement of environmental objectives and objectives cannot be made available. By means of the means.

§ 22
Artificial and forcefully modified water bodies

In the river basin management plan, by construction or otherwise physically modified, water bodies may be designated as artificial or modified if necessary to achieve good ecological status of the hydrologic morphological properties necessary to achieve good ecological status. Significant adverse effects on the environment or on the following activities:

(1) water transport or port operations;

(2) recreational use of water;

(3) supply of water or production of water power;

(4) water rationing, flood risk management or land drying; or (24.6.2010/623)

5) other equivalent, sustainable human activities.

It is also required that, for technical or economic reasons, the use of artificial or modified characteristics of the water body cannot reasonably be achieved by other means which are significantly better for the environment.

The river basin management plan shall set out separately environmental objectives for the body of water referred to in this section.

ARTICLE 23
Derogation from environmental targets due to a new major project

Where a new major project physically changes the body of water in such a way that the good ecological status of the surface water or the good state of groundwater cannot be achieved, the environmental objectives referred to in Article 21 above may be waived provided that:

(1) the project is very important for the public interest and contributes significantly to sustainable development, human health or human safety;

(2) all available measures have been taken to prevent harm;

(3) the intended benefits are not achieved by other means, technically and economically, which are significantly better suited to the environment than the modification of the water body.

The deterioration of the condition of the surface water body shall not be considered to be contrary to environmental objectives if the deterioration of the holding is caused by a new significant project in accordance with sustainable development and if the conditions in paragraph 1 to paragraph 1-3 are met.

The river basin management plan shall provide an explanation of the implementation of the conditions set out in paragraph 1 and an explanation of the changes to the water body and the state of the project.

§ 24
Reduction of environmental objectives

The river basin management plan may set less stringent environmental objectives than those laid down in Article 21 if, according to reports, the body of water, modified by the human activity, or its natural conditions are such as to prevent more demanding objectives , or the attainment of environmental objectives is unreasonable for technical or economic reasons.

It is also required that:

(1) the benefits arising from the use or loading of water cannot be achieved by other means significantly superior to the environment;

(2) the disadvantages of activities cannot be reduced without excessive costs;

(3) achieving the best possible status of surface water bodies, taking into account the effects which, due to the nature of human activity or the nature of the pollution, could not reasonably be avoided;

(4) changes in the good status of groundwater remain as limited as possible and it is not possible to reasonably avoid these effects, taking into account the human activity and nature of the pollution; and

5) the condition of the body of water does not deteriorate.

ARTICLE 25
Reaching targets in stages

The river basin management plan may extend the deadlines set out in Article 21 if the achievement of environmental objectives can only be achieved in stages.

The requirement for an extension is that:

(1) the improvement of the status of the body of water during the river basin management period is technically or economically disproportionate or due to natural conditions; and

2) the condition of the body of water shall not deteriorate.

This period may be extended by a total of up to two river basin management plans.

§ 26
State Council Regulation on environmental objectives

The environmental objectives referred to in this Chapter may be further laid down by the Government Decree.

Chapter 4a (25/03/98)

Organisation of maritime management

§ 26a (25/03/98)
Organisation of maritime management

The Ministry of the Environment, in cooperation with the Ministry of Agriculture and Forestry and the Ministry of Transport and Communications, draws up a sea management plan for Finnish territorial waters and the economic zone.

The management plan shall be prepared taking into account the natural scientific characteristics of marine waters and the water management areas referred to in this Act and the river basin management plans referred to in Article 11 and the river basin management plan for the province of Åland.

The coordination of regional maritime management and the coordination of marine management and water management is the responsibility of the relevant industry, transport and environment centre, in cooperation with the Ministry of the Environment. Compatible habitats, transport and environment centres are laid down separately.

The management plan shall be reviewed every six years.

The provisions of this Chapter shall not apply to marine activities whose sole purpose is defence or national security. However, this activity will be compatible with the objectives of maritime management.

§ 26b (25/03/98)
Maritime management plan

The management plan shall include measures to protect and conserve the marine environment, to prevent degradation of the marine environment and to safeguard and restore marine ecosystems in such a way that a good marine environment can be maintained; or To achieve by 2020.

The marine management plan shall include measures to reduce emissions to the sea and to prevent and reduce further harmful effects on the sea, so as to ensure that marine biodiversity can be safeguarded and There is no significant risk to ecosystems, human health and comfort or the lawful use of the sea.

An environmental report shall be presented as part of the management plan. Article 11 (3) and (4) shall be laid down in Article 11 (3) and (4).

§ 26c (25/03/98)
Initial assessment of the marine environment and determination of good status

The marine management plan shall present an initial assessment of the state of the marine environment, taking into account:

(1) the essential characteristics and characteristics of marine waters;

(2) existing pressures and impacts;

(3) an economic and social analysis of the costs of the use of these waters and the degradation of the marine environment; and

(4) surveys carried out in river basin management plans and in the framework of international maritime cooperation.

On the basis of the initial assessment of the marine environment, the good status of the marine environment and its characteristics shall be determined on the basis of qualitative descriptors, taking into account the pressures on the marine environment, or Effects. The marine environment is good when the sea is ecologically diverse and balanced, dynamic, in its natural conditions, clean, healthy and productive, and where the use of the marine environment is sustainable and safeguards the use of existing and future generations; and The scope for action.

Article 26d (25/03/98)
Environmental objectives for marine management

On the basis of a preliminary assessment of the state of the marine environment to be presented in the maritime management plan, it is necessary to set environmental objectives for marine waters in order to achieve good status.

In addition, the determination of the environmental objectives and the characteristics, pressures and impacts of the environment shall take into account the significant cross-border effects and the compatibility of the national, European Union and Environmental objectives of international agreements.

Article 26e (25/03/98)
Derogation from the environmental objectives of maritime transport

The environmental objectives set out in the marine management plan or in all respects of good environmental status of the marine environment may be waived in case of:

(1) action or lack of action, not attributable to national measures;

(2) nature caused by nature;

(3) the existence of force majeure;

(4) changes in the physical characteristics of marine waters resulting from actions based on adverse effects on the environment, including cross-border effects, a more significant public interest; however, it must be ensured that: Changes in the physical characteristics of the marine waters shall not permanently impede or compromise the achievement of good environmental status of the marine environment in the marine waters of Finland or other coastal States of the Baltic Sea.

In addition, the timetable for achieving environmental objectives or good environmental status of the marine environment can be waived on a case-by-case basis if natural conditions do not allow the improvement of marine waters within this timeframe.

The derogations referred to in paragraphs 1 and 2 shall be identified in the operational programme and shall take into account their impact on the other coastal States of the Baltic Sea.

Notwithstanding the exceptions referred to in paragraphs 1 and 2, necessary measures shall be taken to pursue the environmental objectives of the management plan and to prevent further deterioration of the marine environment; and Mitigate the harmful effects of marine waters or other Baltic Sea States' waters. Measures concerning derogations shall, as far as possible, be included in the operational programme.

Article 26f (25/03/98)
Operational programme for the marine management plan

The Centre for Food, Transport and the Environment shall draw up an operational programme to achieve the environmental objectives set out in the marine management plan, taking into account the cost-effectiveness of the measures and the technical feasibility. The programme of measures may be drawn up for one or more parts of the marine waters. The operational programme should also examine the impact of the measures on the maritime area outside the Finnish economic zone.

The operational programme shall define the measures required to achieve and maintain good environmental status in the marine environment.

The programme of measures must include regional protection measures that promote coherent and representative networks of marine protected areas.

Article 26g (25/03/98)
Advancement of measures

With the condition of the Baltic Sea being so critical that it requires urgent action, it is necessary for the Ministry of the Environment to take steps to establish cooperation with other Member States of the European Union in the Baltic Sea region or to participate in: Cooperation on the initiative of another Baltic Sea Member State with a view to drawing up a specific action plan.

The action plan includes bringing forward the implementation of the measures for the protection of the marine environment and, where appropriate, more stringent conservation measures to improve the marine environment. The action plan shall not prevent the achievement or maintenance of good environmental status of the marine environment in another Marine Region or Sub-Region.

Article 26h (25/03/98)
Marine management plan monitoring programme

Monitoring programmes shall be drawn up and implemented for the continuous assessment of the marine environment. Monitoring programmes shall be coordinated appropriately with the monitoring of the marine environment of other maritime countries and the monitoring programmes for coastal areas in the water management areas.

Article 26i (25/03/98)
International cooperation

In order to achieve a good marine environment, cooperation with the Member States of the European Union in the Baltic Sea shall be carried out in order to ensure that the objectives and measures of the sea management plans are coherent and coordinated.

The measures necessary for the establishment and implementation of the management plan shall be pursued with a view to coordinating with the countries of the Baltic Sea which are not members of the European Union and, where appropriate, the inland countries of the Baltic Sea basin.

Article 26j (25/03/98)
Participation and information

The Ministry of the Environment, in cooperation with the industry, transport and the Agency, shall provide all interested parties with the opportunity to participate in the preparation of the management plan and to consult the marine management plan. Preparatory documents and their background documents. The goods must also be given an opportunity to express their opinions in writing or by electronic means. The publication of preparatory documents and background documents is governed by the law on public authorities' activities.

Where possible, the preparation of the management plan shall involve existing administrative bodies and structures, such as the institutions of the regional maritime conventions, the scientific advisory bodies and the Regional Advisory Councils.

Summaries of the following elements and updates of the management plan shall be published and shall ensure that the public and the public have the opportunity to comment on them:

(1) preliminary assessment of the status of the marine environment;

(2) determination of good environmental status of the marine environment;

3) the environmental objectives of the marine management plan;

(4) monitoring programmes for the sea management plan;

5) Operational programmes for the marine management plan.

Cooperation, participation and information in the preparation of the management plan shall be coordinated and, as far as possible, implemented with the cooperation, participation and information of the water management plan provided for in Articles 14 and 15.

Article 26k (25/03/98)
Approval of the Maritime Management Plan and appeal

The Council of State adopts a specific action plan for the management of the sea management plan and of Article 26g. The procedure laid down in Article 17 shall apply mutatis mutandis to the approval of the plan.

An appeal shall be made to the decision of the State Council as provided for in Article 18.

Article 26l (25/03/98)
Council Regulation on the organisation of sea management

The decree of the Council of State may provide for more detail:

(1) the description of the good status of the marine environment and the determination of good environmental status of the marine environment;

(2) the indicative characteristics, pressures and effects to be used in the assessment of the status of the marine environment;

(3) the characteristics to be taken into account in setting environmental objectives;

(4) information necessary for monitoring the status of the marine environment;

(5) measures to be taken into account in the operational programme;

(6) the role of the Finnish Environment Agency in the planning and monitoring of marine management, means of transport, transport and environmental centres coordinating the management of the sea, as well as other public authorities;

(7) the preparation of the marine management plan and the operational programme and the organisation of its deadlines and other cooperation arrangements;

(8) providing information on the preparation and preparation of the marine management plan.

Chapter 5

Outstanding provisions

§ 27
Water-related health damage

In addition, the prevention, reduction and elimination of health damage from water and the necessary plans and studies are provided for in the health protection law. (186/1994) .

The Regulation of the Ministry of Social Affairs and Health provides more detailed information on the collection and transmission of information on the prevention, reduction and eradication of health damage caused by water for the purpose of the river basin management plan referred to in this Act.

ARTICLE 28 (25/03/98)
Taking account of the river basin management plan and the marine management plan

The river basin management plans approved in accordance with Article 17 of the State Council and approved in accordance with Article 26k shall, where appropriate, be taken into account by the State and municipal authorities and other bodies carrying out their administrative tasks. The marine management plan and the specific action plan referred to in Article 26g.

In addition, taking account of the management plans and the management of the sea management plan, the rest of the legislation will be complied with.

§ 29
Entry into force

This Act shall enter into force on 31 December 2004.

THEY 120/2004 , YmVM 21/2004, EV 225/2004 Council Directive 2000 /60/EC

Entry into force and application of amending acts:

22.12.2009/15:

This Act shall enter into force on 1 January 2010.

Before the entry into force of this Act, measures may be taken to implement the law.

THEY 161/2009 , HVM 18/2009, EV 205/2009

29.12.2009/18:

This Act shall enter into force on 15 January 2010.

THEY 237/2009 , YmVM 9/2009, EV 200/2009

24.6.2010/623:

This Act shall enter into force on 30 June 2010.

THEY 30/2010 , MmVM 9/2010, EV 91/2010, Directive 2007 /60/EC of the European Parliament and of the Council, OJ L 288, 6.11.2007, p. 27

25.3.2011/2721

This Act shall enter into force on 1 April 2011.

THEY 323/2010 , YmVM 19/2010, EV 297/2010

27 JUNE 2014/571

This Act shall enter into force on 1 January 2015.

THEY 33/2014 , MmVM 11/2014, EV 66/2014

19 DECEMBER 2014/1263:

This Act shall enter into force on 1 February 2015.

THEY 101/2014 , YmVM 10/2014, EV 142/2014, Directive 2000 /60/EC of the European Parliament and of the Council (32000L0060); OJ L 327, 22.12.2000, p. 1