Regulation On Spatial Planning In The German Exclusive Economic Zone In The Baltic Sea

Original Language Title: Verordnung über die Raumordnung in der deutschen ausschließlichen Wirtschaftszone in der Ostsee

Read the untranslated law here: http://www.gesetze-im-internet.de/awz_ostsee-rov/BJNR386100009.html

Regulation on spatial planning in the German exclusive economic zone in the Baltic Sea (EEZ Baltic-ROV) EEZ Baltic Sea ROV Ausfertigung date: 10.12.2009 full quotation: "regulation on spatial planning in the German exclusive economic zone in the Baltic Sea by December 10, 2009 (BGBl. I S. 3861)" footnote (+++ text detection from: 19.12.2009 +++) input formula on the basis of § 18a, clause 1 of the spatial planning act of 18 August 1997 (Federal Law Gazette I p. 2081, 2102) , by article 10 paragraph 2 of the law of December 9, 2006 (BGBl. I S. 2833) is has been modified in conjunction with article 29, paragraph 1 of the spatial planning act of December 22, 2008 (BGBl. I S. 2986) enacted the Federal Ministry for transport, building and urban development: article 1 objectives and principles of spatial planning with regard to the economic and scientific use are land-use planning in the German exclusive economic zone in the Baltic Sea for the exclusive economic zone in the Federal Republic of Germany in the Baltic Sea , in ensuring the safety and ease of shipping, as well as to the protection of the marine environment in accordance with the annex to this Regulation as a spatial plan, consisting of a text part and a part of cards, set. 1) 2) 1) the system of "Spatial plan for the German exclusive economic zone in the Baltic Sea (part of the text and maps part)" is output as a plant band with this issue of Bundesgesetzblatt. The system volume on request in accordance with the terms of the publishing house shall be sent to subscribers of the Bundesgesetzblatt part I. Outside of the subscriptions are delivered against reimbursement.
(2) the spatial plan of the grounds (cf. Article 9 paragraph 1 number of Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the environmental effects of certain plans and programmes (OJ) L 197 of the 21.7.2001, p. 30) (sea directive)), comprehensive environmental statement (cf. Article 9 paragraph 1 number b of the sea directive) and the representation of the monitoring measures (cf. Article 9 paragraph 1 number c of the sea directive) will be made available from the date of promulgation of this Decree in the premises of the Swiss federal maritime and hydrographic Agency, Bernhard-Nocht-Straße 78, 20359 Hamburg, and Neptun Ahornallee 5, 18057 Rostock, to everyone's insight (see also section 19 paragraph 2 in conjunction with article 11 paragraph 2 of the spatial planning act of December 22, 2008 (( Gazette I p. 2986)). Summary environmental statement and the representation of the monitoring measures are also reprinted as Chapter 5 in the text part of the spatial plan.

Article 2 entry into force this regulation enter into force on the day after the announcement.

Annex (to section 1) spatial plan for the German exclusive economic zone in the Baltic Sea (part of the text and maps part) (site: System band to BGBl. I 2009, no. 78, p. 3861 by December 18, 2009, pp. 1-31, separate map) spatial plan for the German exclusive economic zone in the Baltic Sea-Textteil-table of contents 1 Introduction 2 guidelines spatial development of EEZ 2.1-keeping and strengthening of ship traffic 2.2 strengthening the economy through orderly room development and optimization of land use 2.3 promotion of offshore wind energy in accordance with the sustainability strategy of the Federal Government
2.4 long-term preservation and use of the special characteristics and potential of the EEZ by reversibility of uses, economical land use, as well as priority for marine-specific uses 2.5 protection of natural resources by avoiding errors and contamination of the marine environment 3. specifications of the spatial plan 3.1 shipping 3.1.1 objectives and principles 3.1.2 rationale 3.2 raw 3.2.1 objectives and principles 3.2.2 justification 3.3 piping and cables 3.3.1 objectives and principles 3.3.2 rationale 3.4 scientific marine research 3.4.1 3.4.2 principles justification 3.5 energy , in particular wind energy 3.5.1 objectives and principles 3.5.2 grounds 3.6 fisheries and mariculture 3.6.1 principles 3.6.2 reasons 3.7 marine environment 3.7.1 principles 3.7.2 rationale 4. consideration of any other issues 4.1 military use 4.2 leisure and tourism 4.3 Fehmarnbeltquerung 4.4 ammunition sinking areas and sediment contribution 5. Summary environmental statement and presentation of measures to monitor the significant environmental effects 5.1 Summary environmental declaration in accordance with article 7, paragraph 8, sentence 2 ROG 1998 5.2 monitoring measures according to article 7, paragraph 8, set of 3 ROG 1998 6 Overview of coordinate and transnational lines 6.1 coordinate overview 6.1.1
Shipping 6.1.2 pipes 6.1.3 6.1.4 research wind energy 6.2 transnational pipelines in the Baltic Sea region 1 introduction the increasing use of conflicts at sea in particular between the evolving land-intensive offshore wind energy and the protection of the marine environment, as well as the traditional uses such as shipping and fishing supply co-ordinated solutions, requires the development of the German exclusive economic zone (EEZ) an approach inclusive in terms of the sustainability. The spatial plan provided as legal regulation sets for the first time objectives and principles of spatial planning with regard to the economic and scientific use, with regard to ensuring the security and ease of shipping, as well as to the protection of the marine environment in accordance with section 18a of the spatial planning Act, which was inserted with law of 24 June 2004 in the Federal spatial planning act in the EEZ of the Baltic Sea.
Note: basis is section 18a of the spatial planning act of 18 August 1997 (Federal Law Gazette I p. 2081, 2102), by article 10 number 2 of the law of December 9, 2006 (BGBl. I S. 2833) has been modified in the following: ROG 1998. According to article 29, paragraph 1, sentence 1 ROG by December 22, 2008 (BGBl. I S. 2986) – the following: ROG - found in procedures for the establishment of spatial plans, formally initiated prior to December 31, 2008, the section 18a ROG 1998 of next application. This is the case at present legal regulation, because the procedure at least formally initiated with the first open location of draft of plan within the framework of the public and agency involvement in June 2008. The rules of the new ROG to the better traceability be specified in the spatial structure plan raising each with clamp additive.
In the spatial structure plan (Chapter 2) formulated guidelines on spatial development and set goals and principles, in particular areas, functions and uses (Chapter 3). The spatial plan meets coordinated specifications for various uses and functions, shipping, mining, pipelines and submarine cable, scientific marine research, wind power generation, fisheries and mariculture and protection of the marine environment for the German EEZ in the Baltic Sea. What other considerations are taken into account, is set out in Chapter 4. Chapter 5 explains how to deal with the results of the environmental report. The definitions and representations of the transnational pipelines in the Baltic Sea region coordinate chart can be found in Chapter 6.
The field definitions for the offshore wind energy serve the implementation of the "strategy of the Federal Government for the use of wind energy at sea" of 2002 in the framework of the sustainable development strategy, to create the framework conditions for the development of the potential of offshore wind energy. Also, the integrated energy and climate programme (IEKP) of the Federal Government by December 2007 formulated the aim to increase the share of renewable energy in electricity generation.
With the spatial structure plan, also made a contribution to the implementation is made of the national strategy for the sustainable use and protection of the seas (national marine strategy) by October 1, 2008, with which the Federal Government wants to achieve sustainable development and a better balance of usage and protection interests, and identifying the spatial planning in the coastal and sea area as an important tool for the coordinated solution to the increasing conflicts.
When drawing up this plan, ROG is in accordance with § 7 paragraph 5 1998 (cf. § 9 ROG) parallel or integrated environmental assessment of the plan (so-called ' strategic environmental assessment') according to the specifications of Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the environmental effects of certain plans and programmes (OJ L 197 of the 21.7.2001, p. 30) has been carried out (sea directive). The sea directive's aim according to article 1, "to ensure a high level of environmental protection in regard to the promotion of sustainable development and to contribute environmental considerations to be included in the preparation and adoption of plans and programmes, including by ensuring that certain plans and programmes which have expected significant environmental implications, are subject according to this directive, an environmental assessment." The provisions of the development plan (see Chapter 3) have been met, taking into account the results of the strategic environmental assessment (see Chapter 5).
The presentation specifications of the coastal States of Mecklenburg-Vorpommern and Schleswig-Holstein for the territorial sea are taken. The land development programme Mecklenburg-Western Pomerania of the May 2005 meets specifications for wind turbines, nature protection, cable routing and commodity security in the territorial sea. The statements of the rough planning report coast and sea of Schleswig-Holstein in February 2006 were also taken into account. Currently, the Schleswig-Holstein land development plan 2009 is located in the new lineup, which makes representations to the Schleswig-Holstein coast sea.
The specially marked in the cartographic representation of the Baltic Sea area of the North control of the port of Swinemünde (Swinoujscie) and Stettin (Szczecin), as well as the roadstead of number 3 is not covered by the spatial structure plan due to conflicting legal opinions. According to German is a part of the German EEZ in the Baltic Sea, where this in relation to Poland any rights or obligations are asserted. According to Polish is part of Polish territorial waters.
2. before the background of the guiding vision of sustainable spatial development and the appropriate principles of spatial planning law is guidelines for the spatial development of the EEZ to align the spatial development of the EEZ in the following guidelines.
2.1 secure and strengthening of ship traffic the Federal Republic of Germany is one of the leading export Nations, where a large part of the goods exported by sea is transported. Moreover, the maritime economy in Germany represents directly and indirectly dependent on a significant industry employees and a turnover of more than 54 billion euros according to the annual report 2007 of the fleet command with about 500 000. Also, the North Sea and Baltic Sea are of great importance for the international ship traffic in transit. The shipping lanes off the German coast - in particular the Baltic Sea – already now belong to the forecast on the most-travelled the world, a further increase in. A dynamic development is predicted for the German seaports. So goes, for example, the sea traffic prognosis 2025, created on behalf of the Federal Ministry for transport, building and urban development (BMVBS), assuming, that the envelope in the German seaports will more than double by 2025. Against this background there is a great national and international interest to restrict maritime traffic as little as possible, where possible to give priority to him and to make it as safe as possible. At the same time has the United Nations by December 10, 1982 Convention of law of the Sea (BGBl. 1994 II p. 1798, 1799) (SeeRÜbk) shipping to a special position by their freedom and priority admits main shipping routes. Artificial islands, installations and structures and the surrounding security zones must be built there, where this acknowledged and important waterways for international shipping may impede the use (see section 3.1.2).
In the context of spatial planning, it is to give expression to this economic importance and the primacy of international law, as well as to maintain the competitiveness of maritime industries. Thus, the main shipping routes by which consist of the traffic separation schemes (VTG), as well as other busy routes, form the basic framework for overall planning. The other uses in the EEZ have to re-orient themselves towards this. This approach contributes to increased security and ease maritime safety by minimizing barrier effects on navigation.
2.2 strengthening the economy through orderly room development and optimization of land use through the introduction of spatial planning in the EEZ in the Baltic Sea is the opportunity to consider any competing uses in an overall view and to coordinate and to create such a balance of interests. This is an ordered spatial development in the EEZ.
This orderly room development is an important basis for the future economic development and take into account the importance of domestic raw materials, sand, gravel, and hydrocarbons, as well as the fishing. The investment security is higher, the further the various uses are matched and each use is given enough space to develop. Further optimization of land use ensures that uses only at most locations be realized without negatively affecting other uses, which in turn provides the basis for an overall higher value added.
2.3 promotion of offshore wind energy according to the sustainable development strategy of the Federal Government a basis of the development plan is the 'strategy of the Federal Government for the use of wind energy at sea' by January 2002 within the framework of the sustainable development strategy. Is, the Federal Government has set the goal, the framework to create the potential of offshore wind energy as quickly as possible to be opened up. This is to reduce energy dependence on imports and to improve the environmental impact - especially under climate protection aspects - aim among other measures. In this strategy (MW) of power are the installation of 2 000 to 3 000 MW by the year 2010 and up to the year 2030 the installation of a total of 20 000 to 25 000 MW power offshore wind energy (territorial seas and EEZ in the North Sea and the Baltic Sea as a whole). This strategy should make an important contribution to the aims of the renewable energy law of October 25, 2008 (Federal Law Gazette I p. 2074) to reach (EEG). Against this background, the establishment of three special fitness areas for wind energy was up to December 31, 2005 according to § 3a of the offshore installations Ordinance of 23 January 1997 (Federal Law Gazette I p. 57) (SeeAnlV) (see Chapter 3.5).
Against the background of the integrated energy and climate programme (IEKP) of the Federal Government by December 2007, § 1 paragraph 2 prescribes EEG, that are at least 30 percent up to the year 2020 in the interest of climate protection the share of renewables to the electricity supply and then continuously to increase. Offshore wind energy in the territorial waters and the EEZ should contribute to the IEKP significantly (up to 25 000 MW by the year 2030).
The sustainable development strategy in 2002 as well as the IEKP in 2007 are fundamentals of the spatial plan. Special fitness areas according to § 3a SeeAnlV a particular attitude to this land to use for generating wind energy could be determined to include additional issues and final consideration at the level of spatial planning. After once again land audit this special fitness areas are according to § 3a, as 1998 also section 18a, paragraph 3 ROG, now as goals of spatial planning adopted SeeAnlV and set as priority areas. This gives more planning safety investors in offshore wind energy. In addition to the derivation of the current in the EEZ are arrangements for promoting the use of offshore wind energy (see Chapter 3.3).
The spatial plan of EEZ should make an important contribution to the implementation of the decisions of the Federal Government to promote the use of wind energy at sea thus (for details see Chapter 3.5).
On the fifth Maritime Conference, the expectation was expressed in December 2006 that offshore wind farms with a capacity of approximately 1 500 MW in construction or operation will be until end of 2011, from the maritime industry and the wind power industry.
2.4 long-term preservation and use of the special characteristics and potential of the EEZ by reversibility of uses, economical land use, as well as priority for marine-specific uses the sea is a special planning and Habitat, which is characterized in particular by size, openness and accessibility. Spatial planning has to take care, that the arrangement and design of uses do not preclude respect for these properties. The special three-dimensionality of the sea is also taken into account. Sea surface, water column, seabed, subsoil and airspace are subject to possibly different protection requirements and use claims.
The guideline is that stationary uses must be reversible, i.e. only temporarily and limited in time may take place. This specification complies with the national and international regulations, according to which back build structural and technical equipment after use or to remove.
An economical approach to areas is also for the long-term preservation and use of the potential of the EEZ to strive for. This is also the guiding vision of sustainable spatial development. Area definitions and on certain areas of concentration to keep large parts of the sea of stationary building free and reduce fragmentation effects, enables. By so the space required is reduced, an important contribution to the protection and preservation characteristic natural spaces can be made.
In addition, multiple use of space is in the use of appropriate combinations in the sense of an economical land use areas to strive for. Multiple use is to make sure that the primary use is unaffected. In certain cases, for example, wind energy and oil and gas extraction in some locations can be realized without conflict at the same time. This is taken into account also the special characteristics of the three-dimensionality of the sea so that, for example, different uses of the seabed and sea surface can be controlled.
Also it must not come to a shift of the problems of the country on the sea. It must be avoided that occurs at sea to a collection of uses which are undesirable in the country. Uses, which are dependent on the sea, should have priority over other uses.
2.5 protection of natural resources by avoiding errors and contamination of the marine environment to ensure the natural bases of life in responsibility for future generations are the conservation, protection and the promotion of natural features, aiming for systems and processes. Errors and contamination of the ecosystem are sea and the related natural features, systems and processes to avoid; biological diversity is to promote and maintain.
Seas are indispensable for the preservation of life and must be secured in a national and international context. To do justice to this circumstance, it is task of spatial planning, ensuring natural spaces and to minimize further damage of the marine environment. Since the effects of human interference with the natural life contexts on the sea until now incompletely known, the precautionary principle in the EEZ has a special significance, especially since the interference in this natural space due to the high dynamics of the sea is particularly high. A possible sustainable use of space is therefore to pursue. This also includes that any use for itself should be designed as nature-friendly as possible and in accordance with the current state of the art. So is set for the protection of the marine environment within the framework of a source-based approach for various uses, the damage or destruction to avoid sandbanks, reefs and definable areas with occurrence of protection worthy benthic community as particularly sensitive habitats. This is true even outside Natura 2000 areas.
The protection of the marine environment includes in particular the flora and fauna of the Sea including its biotopes and habitats, as well as of the bird migration. The regeneration ability and sustainable use of natural resources should be secured in the long term. The quality of sea water, the hydrography and the sediment conditions are attributable to the term of the marine environment.
By the spatial plan for the EEZ in the Baltic Sea will also contribute to the implementation of the Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for Community action in the area of the marine environment (OJ L 164 of the 25.6.2008, p. 19) done (marine strategy framework directive), which provides the framework, to achieve good environmental status in the marine environment by the year 2020 at the latest, or to get. The spatial plan contributes also to the implementation of the Baltic Sea action plan of the Helsinki Commission for the protection of the marine environment of the Baltic Sea area, adopted on November 15, 2007. Goal of the Baltic Sea action plan is restore the good ecological status of the Baltic Sea 2021. 3. specification of the spatial plan of priority areas for the uses shipping as well as wind energy lays down, in which other uses are excluded, if they are not compatible with the priority uses. The field specifications for shipping account; the international law principle of the primacy of this use the recognized and important for international shipping shipping routes form the basic framework for overall planning. Reserved areas are set for the uses of shipping, pipelines, and research, which attached particular weight in weighing with conflicting spatial uses.
Goals of spatial planning are the lyrics highlighted by bold and marked with (Z).
3.1 3.1.1 navigation objectives and principles (1) in the in the card is shown set priority areas for shipping shipping given priority over other spatial uses. As far as space significant plans, measures and projects in these areas with the function of the priority area shipping are incompatible, these are excluded. (Z) areas of priority shipping (2) in the specified reserved areas displayed on the map for shipping is shipping a particular weight attached. This is in balancing with other spatial planning to promote and plan accordingly for the benefit of the shipping industry.
Reserved areas marine (3) the burden for the marine environment by shipping will be reduced. In addition to the provisions to be observed the International Maritime Organization (IMO) to best environmental practice ("best environmental practice") in accordance with the Convention on the protection of the marine environment of the Baltic Sea area by 9 April 1992 (BGBl. 1994 II p. 1355, 1397) (Helsinki Convention), as well as the respective State of the art are taken into account.
Protection of the marine environment 3.1.2 justification legal background the legal situation of the maritime is strongly affected by international regulations. In particular the law on the law of the sea the United Nations Convention of 10 December 1982, in which the freedom of shipping is guaranteed under article 58 is to name a few. Article 60 paragraph 7 SeeRÜbk also States that artificial islands, installations and structures and the safety zones surrounding them there may be built, where this may impede the use acknowledged and important waterways for international shipping.
Also, applicable rules and standards are set by the IMO international. For spatial planning, in particular setting traffic separation schemes of importance is. You establish a binding lines of potential danger points in setting up traffic with separate lanes.
-The Lake task act as amended by the notice of 26 July 2002 (Federal Law Gazette I p. 2876) (SeeAufgG), and in particular the various regulations adopted on the basis of this Act provide the legal basis for measures to ward off dangers for the safety and ease of transport, as well as for the prevention of dangers posed by maritime transport including harmful environmental impacts.
The SeeAufG is - as far as international law permitted – also in the EEZ.
(1) and (2): Shipping after the SeeRÜbk has a special position in the EEZ, and who enjoys under article 58 SeeRÜbk guaranteed freedom. Accordingly, shipping outside area definitions and provided for them is basically everywhere possible. No new shipping lanes be justified by the provisions of the area. For that alone the IMO would be responsible.
The regional settings are used to shipping in particular additional planning security nautical basic requirements in terms of important routes. Any additional requirements (nautical required expansion of shipping routes/circulation space etc.) remain untouched and are to carry out by the competent authorities.
The definition of priority and reserved areas for shipping are the result of a comprehensive spatial consideration. Because the specifications rely not only on nautical considerations - which however were based as a main aspect - this may differ from the actual shipping routes as well as the navigation required from a navigational perspective or safety areas.
Starting points for establishing a differentiated system of priority and reserved areas for shipping were in particular the VTG and the main shipping lanes, which are based on an evaluation of the current traffic flows. The priority and reserved areas for shipping - adapted where necessary - by way of derogation in part from current traffic to existing and planned construction devices.
The width of the identified areas is focused in particular on the needs of the regional basic protection of the route network for shipping. Nautical considerations are a major concern. The priority areas represent the basic framework, which is to keep free of all incompatible uses, particularly of buildings. Accompanying and complementing reserved areas are also set where a particular weight attached concerns of shipping in weighing, particularly in relation to the construction of fixed assets.
Shipping in the EEZ the guaranteed 58 SeeRÜbk accordance with article enjoys freedom, because in determining priority areas in particular in the area of VTG to an additional spatial planning fuse of the interests of shipping. Article 60 paragraph 7 SeeRÜbk States that artificial islands, installations and structures and the safety zones surrounding them there may be established, where this may impede the use acknowledged and important waterways for international shipping. The main shipping routes outside of the VTG ensures laying down priority areas, that these areas are kept open incompatible uses - for the shipping of structures - especially so here the effect of article 60 paragraph 7 is achieved SeeRÜbk. The establishment of security zones until SeeAnlV to 500 m to installations referred to in article 7 to ensure of the safety of shipping, as well as the equipment pointed out.
The security and ease of navigation are backed up planning for the future, which means that shipping can use all regularly travelled routes as possible trouble-free and easy. Due to the shown position of the boat trip to SeeRÜbk, as well as the stock-oriented Executive after delimitation of area definitions, the stipulations of the spatial plan lead to no new problems of military use.
The German EEZ in the Baltic Sea is due to the close-knit spatial linkages across a busy shipping area.
-Western area (No. 15) is completely set due to moderate traffic in this area as a subject area.
-The range of no. 16 is characterised by the international shipping lanes and to the Kiel Canal, as well as the T - and the H-way with a total of 50 000 shipping movements per year. So here is the setting as a priority area.
-The range of no. 17 is set similar to no. 15 in its entire extent as the reserved area. The international shipping lanes run here, immediately north of the area. This narrow range is used in particular by traffic to and from Rostock, as well as the recreational boating.
-The entire EEZ as a priority area is set in the Kadetrenden (No. 18). This is a very narrow subset of with a high volume of traffic, so that a further differentiation is not necessary. Section adjacent to the area of no. 17 is included in the priority area in particular due to its importance for the transport to and from Lübeck.
-A priority area is set in the eastern area (No. 19) starting from the VTG "North of Rügen" along a planned extension to the VTG "bornholmsgat should" in the width of the VTG according to the procedure used in the North Sea. Analog a safety gap is set flanking (1 nautical mile (nm) corresponds to 1.852 km) by 2 nautical miles plus 500 m as a reserved area.
-The route of the ferry Swinemünde (Swinoujscie) - Ystad in the German EEZ (No. 20) is set to a width of 1 sm as a priority area, on the West side runs a 1 nm wide subject area navigation. Due to its proximity to the priority area, wind energy "West Eagle base" is the reservation area shipping East of the priority area of 0.8 nm wide. For extracting raw materials only techniques may be used on concrete projects in this priority area for shipping which impede navigation in the sense of the law of the sea peoples. No determination is made in the course of this route for the area of Northern control of Swinemünde (Swinoujscie) gathered because of the conflicting legal opinion of Poland from the spatial structure plan.
-A priority area is set in the area south of the Adler reason (No. 21) in terms of the planned establishment of a VTGs to order the coincident here from several directions traffics in all width shipping. A reserved area as a safety distance of 1 is defined here also both sm.
(3): International agreements for the prevention of adverse effects of the marine environment, such as in particular the International Convention for the prevention of pollution from ships of 2 November 1973 (BGBl. 1982 II p. 2, 4) as amended by the Protocol of 17 February 1978 (BGBl. 1982 II p. 2, 24) (MARPOL) and the Convention on the protection of the marine environment of the Baltic Sea area by 9 April 1992 (BGBl. 1994 II p. 1355) , 1397) target (Helsinki Convention), that a minimum damage to the marine environment posed by shipping. In addition to the binding regulations of the IMO to best environmental practice ("best environmental practice") in accordance with the Helsinki Convention and the respective State of the art are taken into account.
Figure: Numbering of defining areas for shipping in the Baltic Sea 3.2 3.2.1 mining objectives and principles (1) to be the exploration and extraction of raw materials in conformity with the trade law allows comprehensively and developed.
Basic information (2) the long-term assurance of future needs knowledge of natural resources - should in particular by hydrocarbons - by the competent technical authorities are systematically and permanently documented and evaluated.
Continuous documentation (3) structural installations for the extraction of raw materials are task of usage back build. (Z) decommissioning (4) is a possible space-saving and concentrated extraction of mineral resources to pursue. Existing mining sites for sand and gravel should - as far as compatible with the needs of the marine environment and keeping a residual sediment layer necessary for the regeneration of communities - dismantled as fully as possible and whose extension preferred an outcrop of new deposits.
Concentration of the extraction (5) by searching for and obtaining raw materials should not be affected the safety and ease of transport.
Traffic measures of resource extraction (6) is on existing pipelines and cables and a reasonable distance to meet duly to take into account. (Z) a best possible coordination of issues is in accordance with the to be developed by the competent technical authorities criteria aiming at pipelines and submarine cable (7) for the case of a simultaneous land use through prospecting and the extraction of raw materials, as well as the use of wind energy.
Wind energy (8) the interests of the fisheries to be considered when the exploration for and the extraction of raw materials.
Fishing (9) adverse effects on the marine environment, in particular the natural functions and ecosystem significance of the sea, by searching for and obtaining of raw materials should be avoided. Best environmental practice ("best environmental practice") in accordance with the Helsinki Convention and the respective State of the art shall be taken into account. The impact of mining on the marine environment will be examined according to the permitting authority within the framework of a project-related monitoring and set out. Propagation operations and long-range ecological interactions of fauna and flora in the sea to be considered when the choice of location for the raw materials. The damage to or destruction of reefs, sandbanks, definable areas with occurrence of protection worthy benthic community as particularly sensitive habitats should be avoided in the raw materials extraction.
Known sites should encompass protection of the marine environment (10) when choosing a location for the mining of cultural goods. Should the exploration for or extraction of raw materials not known heritage under the seabed on be found, appropriate measures for the protection of cultural property should be taken.
Heritage 3.2.2 justification legal background is the exploration, backup and needs-based development of mineral deposits in the German EEZ of high importance for the common good and important basis for future economic development of in Germany. The raw material safeguard clause of section 48 paragraph 1 sentence 2 of the Federal Mining Act of 13 August 1980 takes this fact (Federal Law Gazette I p. 1310) (BBergG) account. This States that the except Sary legislation by other competent authorities are so applicable, that the exploration and extraction of raw materials are affected as little as possible. Differentiated rules are the in the articles 48 et seq. BBergG against which to observe the installation and operation of cables and pipes, as well as the marine environment for the exploration for or approval of operating plans for an operation in the area of the continental shelf are in favour of shipping, fishing.
Since the use takes place for a long time in the sea, there is a relatively high inventory of mining permissions granted in terms of raw material extraction already. It is to distinguish between the licences and permits.
Permissions grant in particular, the exclusive right to search in a specific field of mineral resources BBergG according to § 7. The permit granted BBergG especially the exclusive right to the extraction of the raw material, however, according to § 8. The refusal of the permit or the permit is BBergG according to § 11 or § 12. Raw materials are found in the exploration for, so approval may be refused only BBergG pursuant to article 12, paragraph 2, if this one BBergG enumerated reasons is in article 12 paragraph 1 and the facts which justify the refusal only occurred after the granting of the permission. The State Office for mining, energy and geology Clausthal-Zellerfeld (North Sea and Baltic Sea in the area of Schleswig-Holstein) and the mining authority Stralsund (Baltic Sea in the area of Mecklenburg-Vorpommern) are responsible for mining permissions.
Is by the Ordinance on the environmental assessment of mining projects from July 13, 1990 (BGBl. I S. 1420) (EIA-V mining) compulsory environmental impact assessment for the planned activity is a scope management plan to set up and organise a project approval process including environmental impact assessment (EIA) (§ 52 paragraph 2a BBergG). This is the case, for example, in establishing and operating production platforms as well as more sand and gravel extraction (from 10 ha). For all systems, which are built in the wake of the raw material exploration and production, BBergG is a decommissioning obligation in task of usage according to § 55 paragraph 2. Mountain regulation for the continental shelf of 21 March 1989 applies further regulations (Federal Law Gazette I p. 554) (continental shelf mountain regulation FlsBergV).
About the technical regulations also state the principles of spatial planning, that the spatial conditions are creating for the preventive security, as well as the orderly exploration and extraction of location-based raw materials (§ 2 paragraph 2 number 9 ROG 1998; see § 2 paragraph 2 number 4 ROG).
On the communication from the Commission to the European Parliament and the Council of November 4, 2008 "Raw materials initiative - meeting supply Europe with goods necessary for growth and employment" (KOM(2008) 699) is pointed out.
(1): Raw materials such as sand, gravel, and hydrocarbons are a valuable economic asset. Their extraction finds special site conditions on the sea, which are not comparable to those on land. From a spatial perspective, space available is available in the EEZ for the exploration and extraction of raw materials on a large scale. The exploration and extraction of raw materials to be fully in conformity with the trade law (mining law, environmental and nature protection law) allows and developed.
(2): The natural resources in the EEZ - in particular that of hydrocarbons - are currently only partially explored. A variety of exploration activities take place in spacious permission fields. The knowledge gained here applies to document it systematically and permanently by the competent authorities and to evaluate. Only if a sufficient level of knowledge, the spatial planning can develop their full control force. Reliable knowledge about natural resources are necessary to secure areas for obtaining raw material - i.e. in particular unobstructed uses, which could - preclude a later recovery. If necessary, these can be the basis for a future update of the spatial plan and beyond for a long term and sustainable protection of mineral deposits in the interest of future generations.
(3): According to the planning guideline that stationary uses must be reversible, i.e. only temporarily and limited in time may take place, are back build construction equipment in connection with the promotion of raw materials after use. This definition is in accordance with the relevant international and national regulations, such as article 60 (3) SeeRÜbk, IMO resolution offshore installations, § 55 paragraph 2 BBergG, § 29 genommener FlsBergV, as well as the OSPAR decision 98/3 on the disposal of decommissioned offshore installations (BGBl. 1999 II p. 618, 619). Therefore the disposal by sinking is prohibited (insertion) and full or partial leaving decommissioning of offshore installations to the exploration or extraction of hydrocarbons, so that a target different from the provisions for the decommissioning of pipelines and undersea cables or wind turbines will be formulated. The arrangement and design of the decommissioning in individual cases are the responsibility of the competent professional authority.
To (4): The extraction of raw materials in the sea is usually land intensive than on land, thus, the potential for conflict with other uses is relatively high. In addition, natural resources are limited, non-mobile and unique. For this reason, the extraction of raw materials should be done as space-saving and concentrated. The raw materials of sand and gravel of a storage facility should be obtained as accurately as possible as far as this is compatible with the needs of the marine environment and keeping a residual sediment layer necessary for the regeneration of communities. So, unavoidable impairment, which go hand in hand with the extraction of raw materials and the development of new deposits, can be reduced. This is also the guiding vision of economical land use (see Chapter 2.4).
(5): The safety and ease of transport should not be affected by the prospecting and winning of raw materials.
(6): to reduce the risk of damage to pipelines and undersea cables and not to interfere, to the possibilities of repair pipelines and submarine cable to be considerate and a reasonable distance to these is measures on existing raw material extraction to comply. The definition of a reasonable distance is to clarify, since it depends on the specific conditions on the ground, in some cases such as by water depth. This goal is also supported by establishing a reserved area for pipelines (see section 3.3.1).
(7): For the case of a simultaneous land use through use of wind energy and the prospecting and extraction of raw materials a best possible coordination of issues should be sought. Still to be developed and to matching criteria for the sustainable design of uses should be relevant for this purpose by the competent authorities.
(8): The fishing is a traditional maritime uses, for which independent spatial planning provisions are however currently difficult (see 3.6.2). In fisheries, where this is not possible in the future because of strong variability, a consideration of the needs in the context of provisions for other uses must take place thus. This also applies to the extraction of raw materials.
(9): According to the guideline for the protection of the marine environment, adverse effects on the natural features and the ecosystem of the sea meaning should be avoided by the prospecting and extraction of raw materials. To further minimize the best environmental practice ("best environmental practice") in accordance with the Helsinki Convention and the respective State of the art are taken into account.
To ensure an environmentally-friendly production, the project-related effects of resource extraction will on the marine environment within the framework of a monitoring according to the permitting authority be examined and explained. The envisaged monitoring can be regulated by appropriate guidelines in the respective notices of approval and corresponds to the practice for authorisation of the competent authorities. The results of the project-related monitoring be included in the monitoring of the implementation of the spatial plan.
§ 2 paragraph 2 number 8 ROG 1998 (cf. § 2 paragraph 2 number 6 ROG) combines the protection, care and development of nature and landscape with the needs of a Habitat network system. It is not yet sufficiently explored, to what extent are amassed and accessible marine ecosystems to the same extent as the terrestrial ecosystems to adapt secured Habitat network system and how to differentiate are potential building blocks. Against this background, no detailed specifications are possible according to current knowledge with respect to a Habitat network system. At the choice of the location of the raw should be ensured however, account of the operations of spread of and long-range ecological interactions of species and their habitats.
The structures referred to in principle 9 is habitats, which damaged or destroyed outside the Natura 2000 sites should be avoided. According to current knowledge, there is the possibility that the above structures outside of the occurrences in the Natura 2000 areas occur. However, no concrete spatialization is possible at the present time. Should however detailed investigations, for example, in the specific procedure for the approval of raw material extraction the mentioned structures found are, a particular weight is this in the decision-making process.
(10): cultural objects of archaeological value can be located In the seabed, such as ground monuments, remnants of settlement or historic shipwrecks. A large number of such shipwrecks are known and listed in the underwater base of the federal maritime and hydrographic Agency (BSH). The information from the competent authorities to be considered when establishing a mining area. It is however cannot be ruled out that so far unknown cultural goods are found in the exploration for and extraction of raw materials. To avoid damaging them, appropriate safeguards to perform in this event in agreement with the competent authority.
3.3 piping and cables 3.3.1 objectives and principles pipes (1) where in the map represented specified subject area piping is laying, operation and maintenance of piping attached to a particular weight. This is in balancing with other spatial planning, to take account of measures and projects.
Reserved area pipelines pipelines and submarine cables (including cables to the derivation of the energy produced in the EEZ) are (2) priority areas set for the shipping of undersea cables to the derivation of the energy produced in the EEZ on the shortest route to cross, where a parallel routing to existing structures and structures is not possible. (Z) Priority areas set for the shipping should be crossed by pipelines and other undersea cables as far as possible on the shortest route, where a parallel routing to existing structures is not possible. Subject areas set for shipping should be crossed as possible on the shortest route, where a parallel routing to existing structures is not possible.
(3) pipes and cables are crossing areas for shipping after using back build. The demolition caused greater adverse environmental impact than the whereabouts, is to refrain from it whole or in part, unless the dismantling is necessary for reasons of safety and ease of transport. (Z) Appropriate monitoring measures with regard to possible future risks should be provided for the case of a destination.
Demolition (4) laying, operation, maintenance as well as any remaining after operation or decommissioning of pipelines and undersea cables the safety and ease of transport should not degrade. A laying of pipelines and undersea cables parallel adjacent to the areas set for shipping should be avoided.
Traffic (5) at the choice of the route of pipelines and undersea cables should be included in consideration of existing uses and rights, reserve expulsions as well as the interests of fisheries. In the laying of submarine cables, a maximum concentration in the sense of a parallel transfer is aiming for. Also, the route with submarine cables should be chosen as possible parallel to existing structures and buildings. Crossings of submarine cables both with each other than with other existing and planned pipelines and undersea cables should be avoided as far as possible. On existing pipelines and submarine cables due consideration to take and a reasonable distance is in the choice of track history for new pipelines and cables to comply with. (Z) respecting exercised uses / existing rights of use (6) in the laying of pipelines and undersea cables should be avoided to minimize potential impacts on the marine environment at the crossing of sensitive habitats the species specific particularly trouble shooting periods. To avoid adverse effects on the marine environment, in particular the natural functions and ecosystem significance of the sea, by laying, operation, maintenance as well as any remaining after operation or decommissioning of pipelines and undersea cables. Best environmental practice ("best environmental practice") in accordance with the Helsinki Convention and the respective State of the art shall be taken into account. Propagation operations and long-range ecological interactions of fauna and flora in the sea to be considered when selecting a track history of pipelines and undersea cables.
The damage to or destruction of reefs, sandbanks, definable areas with occurrence of protection worthy benthic community as particularly sensitive habitats should be avoided during the installation and operation of pipelines and undersea cables.
Limitation of shipping time space/protection of the marine environment (7) in the can for the laying of pipelines and undersea cables known sites for cultural property to be considered. Should the planning or laying of pipelines and undersea cables not known heritage under the seabed found be, appropriate measures for the protection of cultural property should be taken.
Cultural property to make sure the lead of the energy gained in the EEZ to suitable crossing points on the border of the territorial sea is submarine cable to the derivation of the energy produced in the EEZ (8). (Z) Submarine cable to discharge in the EEZ of generated energy by the target range marked on the map are at the transition to the territorial sea. (Z) the target corridor applies to submarine cable to discharge in the EEZ of produced energy in the transition zone to the territorial sea as follows: - with route in the direction of Lubmin, Mecklenburg-Vorpommern: Map A. (Z) the wiring for additional required expectant cable systems is possible bundled in the area of the target range with the mentioned route which spatial capacity is exhausted, and be carried out in coordination with the coastal country concerned to appropriate crossing points on the border to the coastal sea.
The above mentioned target corridor and the regulations shall apply for any other technical solutions, which for grid connection of offshore wind farms will be realized or will be realized. (Z) moving to the coastal sea / definition of target corridors (9) in the laying of submarine cables for the conduction of energy generated in the EEZ is aiming for a maximum concentration in the sense of a parallel guidance to each other. Also, the route should be chosen as possible parallel to existing structures and buildings. Crossings of submarine cables to the derivation in the EEZ of produced energy both among themselves and with other existing and planned pipelines and undersea cables should as far as possible be avoided.
Bundling and parallel routing of cable history/avoiding intersections (10) when choosing the laying depth of submarine cables for the conduction of the EEZ of produced energy grow should take account in particular the needs of shipping and fisheries, as well as the protection of the marine environment.
Grow (11) to prevent and reduce cumulative effects should be provided a total timing of the laying of submarine cables for the conduction of energy generated in the EEZ.
Timing (12) should be chosen for the protection of the marine environment for laying of submarine cables for the conduction of energy generated in the EEZ a possible friendly leak.
Leak 3.3.2 justification legal background the laying of submarine cables and pipelines on the continental shelf is basically the freedom granted by article 58 SeeRÜbk. Referred to in article 79 paragraph 2 SeeRÜbk coastal setting or the entertainment of these cables or pipes must not hinder, subject to its law, appropriate measures for the exploration of the continental shelf, to the exploitation of its natural resources and for the prevention, through pipelines to take reduction and control of pollution. Determining the route for the laying of such pipelines on the continental shelf requires the consent of the coastal State (article 79 paragraph 3 SeeRÜbk). Furthermore the coastal State can article 79 paragraph 4 SeeRÜbk set conditions for cables or pipes that lead in its territory or its territorial sea, or he may his jurisdiction over cable and establish pipes that are constructed or used in connection with the scientific or economic use of the continental shelf or of the EEZ. Also, article 79 paragraph 5 States SeeRÜbk that the States when duly do submarine cables or pipelines already existing cables or pipes. In particular, the possibilities of repairing existing cables or pipes must not be impaired.
As regards the authorisation procedure, a further differentiation of pipelines and submarine cable is necessary. While plumbing as well as transnational cables are approved according to § 133 BBergG, is undersea cables to the derivation of the EEZ of generated energy "Facilities, the other economic purposes serve", which are to approve number 2 SeeAnlV according to § 1 paragraph 2. For pipes is a specific length and a certain extent according to the law on environmental impact assessment as amended by the notice of June 25, 2005 (BGBl. I S. 1757, 2797) (EIA) in conjunction with § 133 paragraph 2a BBergG the obligation to carry out an EIA. According to § 17 paragraph 2a of the energy law of July 7, 2005 (Federal Law Gazette I p. 1970, 3621) (EnWG) operators of transmission networks, in whose control area the grid connection of offshore installations should be, have to build the lines of the substation of the offshore facilities to the technically and economically best junction point of the next transmission or distribution system and to operate; the network links must be built at the time of manufacture the technical operational readiness of the offshore facilities. From the date of the establishment, this line is regarded as part of the energy supply. This provision of article 17 paragraph 2a EnWG EnWG pursuant to article 118, paragraph 3 only applies to offshore facilities, whose construction has been started by December 31, 2015.
There are different specifications to meet as the need for regulation in parts is different pipelines and undersea cables. This is in particular due to the increased control demand for cable for the conduction of energy generated in the EEZ. Although every wire itself carries only low conflict potential, but also a corresponding increase in the number of electricity cables is likely due to the planned expansion of offshore wind power which raises a need for regulation. More spatial planning regulations which minimize the potential for conflict both among themselves and with other uses and also to ensure an orderly transfer to the shore-side power are therefore necessary.
After made sharing the provisions apply to pipelines No. 1 to 7 and for submarine cable specifications No. 2 to 12, with the provisions of no. 8 to 12 is confined to the submarine cable to the derivation of the energy produced in the EEZ.
(1): Along the gas interconnector (BGI) applied for Baltic pipeline a reserved area is set pipes including a two-sided protection distance of 500 m. This ensures for this planned pipeline, that other uses take into consideration their special protection needs. This is necessary because the route of the line in the Danish EEZ it is set and the German EEZ in this area is very narrow (6 km), so little spatial variation options exist for the intended pipeline route. This setting – after realization of BGI – supports no. 5 as well as the stipulations that due regard for existing pipelines and submarine cable is for certain measures at the appropriate uses, by setting.
(2): to reduce the conflict potential, it is generally desirable that priority areas are crossed for shipping on shortest paths. This applies due to the proliferation of cable systems to be expected particularly for the submarine cable to the derivation of the energy produced in the EEZ, so that a crossing is set to shortest paths as the target, unless a parallel routing to existing structures, and structures is possible. For other submarine cables that are not lead the energy generated in the EEZ, setting as a goal is not currently required. Land use can be reduced by a parallel routing to existing structures. Since banning anchor already applies, for example, on both sides of the pipeline, the additional restriction for shipping is relatively low. This targeting the cable approved for entry into force of the spatial plan for the SeeAnlV are excluded from, which also applies in the event of an any necessary prolongation of the permits. Due to different technical conditions (including Verlegeradius, pressure conditions) only a principle to the shortest crossing is determined for the crossing of priority areas for shipping pipelines. Against this background, also reserved areas for shipping as possible on shortest paths should be crossed where a parallel routing to existing structures and structures is not possible. The defined goal and principles moving under the provisions of the SeeRÜbk.
(3): According to the planning guideline that stationary uses should be reversible, i.e. only temporarily and limited in time should take place, are pipelines and submarine cable after use back build. The arrangement and design of the decommissioning in individual cases are the responsibility of the competent professional authority. In the event that the demolition caused greater adverse environmental impact than the whereabouts is dismantling all or part to refrain from, unless unless safety and ease of transport require the dismantling. The demolition is required even when toxic substances in effect relevant manner or quantity in the marine environment would remain with the piping or the submarine cable. Stayed should be ensured also in the sense of acting to commitment on the part of the operator through appropriate monitoring measures, that also in the future with no risks of other uses through the remaining pipeline or submarine cable is expected. So, for example, the location and the adequate coverage should be checked regularly. This setting is SeeRÜbk, according to which the coastal State can set conditions for cables or pipes that lead in its territory or territorial sea in accordance with international and national rules, in particular article 79 paragraph 4.
Deconstructing is piping and cables (without outgoing power cables) in particular to make, if by the whereabouts of the pipe or the sea cable in the or to obtain a threat to the life or health of persons or goods or any predominant public interests on the seabed after the end of use, can be not by a fixed-term and conditions or requirements prevent or offset. This arises from the provisions of § 133 paragraph 2 BBergG which application takes BBergG on transit pipelines in the sense of § 4 paragraph 10, i.e. on such pipelines, that of the continental shelf or of the territory of another State in the continental shelf lead the Federal Republic of Germany or cross them. The underlying ratings but also on other pipelines and submarine cable transferred.
Impairment predominant public interests pursuant to § 132 paragraph 2 number 3 BBergG especially exists if a) operation and the effect of shipping facilities and mark, b) the use of inland waterways and the air space, shipping, fishing and the plant and animal world in unacceptable ways, c) placing, the entertainment and the operation of other submarine cables and pipelines and oceanographic or other scientific research would inevitably affect more than according to the circumstances , to pollution of the sea is d) an or e) will endanger the safety of the Federal Republic of Germany.
Laxative power cable for power outgoing cable of offshore wind energy parks the § 12 meets SeeAnlV a similar scheme. Then current outgoing cable of offshore wind energy parks in the scope are to eliminate, as they represent a barrier to the traffic or the protection of the marine environment, the requirements of spatial planning or other major public interests require this. This SeeAnlV are the generally accepted international standards to eliminate as minimum standards pursuant to article 12, paragraph 2 to take into account. The dismantling is to ensure in the respective procedure of approval by corresponding regulations (such as support).
To (4): The installation, operation, maintenance as well as the possible whereabouts after operation or decommissioning of pipelines and undersea cables should so be carried, not compromise the security and ease of transport. This means that the areas set for shipping are affected as little as possible. A route should be avoided parallel adjacent to these areas. The regulations referred to in definition no. 2 also serve to reduce possible adverse effects of shipping by pipelines and cables.
(5): In the course of minimising conflict as soon as possible existing uses/rights and similar rights and reserve expulsions should be considered when choosing the route of pipelines and undersea cables (especially in Natura 2000 areas). A route outside these areas is to strive for. Also the concerns of the fisheries should be taken into consideration at an early stage. This is a traditional maritime uses for the currently independent spatial planning provisions are however difficult (see 3.6.2). In fisheries, where this is not possible in the future because of strong variability, a consideration of the needs in the context of provisions for other uses must take place thus.
Submarine cable to be bundled as possible to minimize effects on other uses and the need for coordination among themselves and with other uses, and as little as possible to create positive points for future uses. A concentration within the meaning of the parallel guide also reduces fragmentation effects. These can be minimized further if a cable guide is parallel to existing structures and existing structures. In accordance with the principle of the parallel guide, crossings should both the submarine cables with each other than with other pipelines and undersea cables as far as possible be avoided. Crossing structures have an increased susceptibility to interference and thus a higher maintenance costs and thus in turn lead to increased traffic through maintenance / repair ships, which is to be avoided.
To reduce the risk of damage to existing pipelines and cables, and to prevent the possibilities of repair, due consideration to take and a reasonable distance is choosing the routing of new pipelines and cables on existing to comply. The definition of a reasonable distance is to clarify, since it depends on the specific conditions in individual cases. This goal is also supported by establishing a reserved area for pipelines (No. 1).
(6): The laying of pipelines and undersea cables leads to unavoidable adverse effects of different habitats. To limit the negative impact on sensitive habitats, installation should only take place in periods, in which the respective populations are not particularly trouble shooting phases of life. The corresponding periods is the respective specialist authority.
Furthermore, adverse effects on natural functions and ecosystem importance of the sea should according to the guideline for the protection of the marine environment through the installation, operation, maintenance and avoid the possible whereabouts after operation or decommissioning of pipelines and undersea cables. In case that pipes remain after operation in the sea, these should be emptied of polluting substances. To further minimize the best environmental practice ("best environmental practice") in accordance with the Helsinki Convention and the respective State of the art are taken into account.
§ 2 paragraph 2 number 8 ROG 1998 (cf. § 2 paragraph 2 number 6 ROG) combines the protection, care and development of nature and landscape with the needs of a Habitat network system. It is not yet sufficiently explored, to what extent are amassed and accessible marine ecosystems to the same extent as the terrestrial ecosystems to adapt secured Habitat network system and how to delineate possible components. Against this background, although no detailed specifications are possible according to current knowledge with respect to a Habitat network system. When selecting a track history of pipelines and undersea cables should be sure however, that the operations of spread of and the extensive ecological interactions of species and their habitats are considered.
The structures referred to in this principle are habitats, which damaged or destroyed outside the Natura 2000 sites should be avoided. According to current knowledge, there is the possibility that the above structures outside of the occurrences in the Natura 2000 areas occur. However, no concrete spatialization is possible at the present time. Should however detailed investigations, for example, in the specific procedure for the approval of pipelines and undersea cables the mentioned structures found are, a particular weight is this in the decision-making process.
(7): cultural objects of archaeological value can be located In the seabed, such as ground monuments, remnants of settlement or historic shipwrecks. A large number of such shipwrecks are known and listed in the underwater base of the BSH. The information from the competent authorities should be considered when selecting a suitable route for pipelines and cables. It is however cannot be ruled out that closer studies of an appropriate route or the laying of pipelines and undersea cables are found so far unknown cultural heritage. To avoid damaging them, appropriate safeguards to perform in this event in agreement with the competent authority.
(8): Because a connection to the shore-side electricity grid need cable for the conduction of energy generated in the EEZ, it is necessary to make sure the lead of the cable to the appropriate transition points on the border to the coastal sea. This is matched with the requirements in the territorial sea, arising in particular from appropriate single supply points in the high / high-voltage grid on land.
In the area where it is possible to present knowledge, a target corridor is set in the transition zone to the territorial sea to undersea cables have sought, through which cable for the conduction of energy generated in the EEZ are. This, the cable at this point should as far as possible be focused and bundled to the other derivative in the direction of country-side power grid. Depending on the transmission, several cable systems are required for the derivation of the energy generated in a wind park. A cable system can thereby consist of several individual cables, summarized in a sleeve. The location of the gates in the plan drawing on an enlarged scale in the inset A shows for better readability.
The location of the target range at the transition to the coastal sea builds on spatial planning provisions and other planning considerations of coastal land Mecklenburg-Vorpommern. This includes the adapt established marine reserve area lines in Greifswald in Mecklenburg-Vorpommern, which in turn take into account the technical aspects of the high - pass / high-voltage grid with appropriate single dining points.
According to determination no. 2 VTG are shortest way - so perpendicular - to cross, unless a parallel routing to existing structures and structures is possible.
The dimensioning of the target range at the transition to the coastal sea stems from the addition of the distances between the cable systems, which is based on the expected technical space of the operator and the space situation at the transition to the territorial sea as well as the corresponding separation distance on both sides. This, all cable systems take account for which a need for coordination is forecast any time soon. Currently six cable systems are in the direction of Lubmin.
For the determination of adequate spacing between the cable systems at the transfer point to the territorial sea are the exclusion of mutual thermal interference, as well as a sufficient safety distance in the case of repair measures to be based.
The route required expectant cable systems is possible bundled in the areas of the target range with the mentioned route which spatial capacity is exhausted, and be carried out in coordination with the coastal country concerned to appropriate crossing points on the border to the coastal sea. This ensures that react flexibly to a possible, currently not foreseeable, altered state of affairs can be. Thus taken into account in the future the idea of concentration.
The above mentioned target corridor and the regulations shall apply for any other technical solutions, EnWG for grid connection of offshore wind farms responsible transmission system operators such as in the sense of a bundling realized such as the one referred to in § 17a paragraph 2a in conjunction with article 118, paragraph 3. You can represent a basis for future cross-border developments such as the compilation of a European network of offshore wind energy.
To (9): Submarine cable for the conduction of energy generated in the EEZ should be bundled as possible to minimize effects on other uses, the need for coordination among themselves and with other uses and to create the fewest positive points for future uses. A concentration within the meaning of the parallel guide also reduces fragmentation effects. These can be minimized further selecting - also outside of areas for shipping (see definition no. 4) - a cable routing parallel to existing structures and buildings. For the determination of adequate spacing between the cable systems are the exclusion of mutual thermal interference, as well as a sufficient safety distance in the case of repair measures to be based. While also sharing - is as far as possible - of lines by several operators, which could reduce the number of cable systems. As a result, the acreage requirement and the installation and dismantling environmental impact can be reduced. Plans for a Europe-wide wind energy network cured from the coast to the grid connection of offshore wind farms are still not sufficiently detailed for a representation in the plan. In accordance with the principle of the parallel guide, crossings should both the submarine cable to the derivation of the EEZ of produced energy with each other as well as with other pipelines and undersea cables as far as possible be avoided. Crossing structures have an increased susceptibility to interference and thus a higher maintenance costs and thus in turn lead to increased traffic through maintenance / repair ships, which is to be avoided.
(10): When choosing the laying depth of submarine cables for the conduction of energy generated in the EEZ different issues are to be balanced with each other. The needs of shipping, fishing vessels, as well as the protection of the marine environment should be especially considered.
The potential for conflict with other uses can be reduced to one side with larger laying depth such as such as the danger of damage by anchors toss or by trawls/cutting boards. The risk-free flushing of cables and the damage is reduced which maintenance costs can be reduced and the associated with repair work may be impaired for transport and the environment significantly reduced. At a larger laying depth can be also limited a possible temperature increase in the sediment and reduce the effects of electromagnetic fields, what is to be considered at the approval level. On the other hand, a high technical and economical overhead arises with increasing laying depth. Since more material for the excavation must be relocated, increasingly negative impact on the environment, as well as an in turn increased potential for the shipping are to be feared. Between these concerns a possible compensation is aiming for.
(11): For the installation of adjacent cable systems a temporal coordination should be sought. Can be reduced the number of disruptive interventions and possible cumulative effects are avoided or reduced.
To minimize possible negative effects on the marine environment through the laying of submarine cables for the conduction of energy generated in the EEZ (12): the leak should be selected, which can be expected the least intervention and impact on the marine environment.
3.4 scientific marine research 3.4.1 principles (1) in the in the map research is conducting scientific research activities represented specified reserved areas attached to a particular weight. This is in balancing with other spatial planning, to take account of measures and projects.
Reserved areas Research (2) planned uses to maintain for securing long term test series to existing stations a reasonable distance.
Weather stations (3) results of scientific marine research will be distance to Declaration of possible large-scale ecosystem relationships continuously recorded and made available, thus create an important basis for a sustainable development of the EEZ.
Large-scale acquisition to explain ecosystem relationships (4) should are not affected the safety and ease of transport by conducting research actions.
Transport (5) adverse effect on the marine environment, in particular to the natural features and the ecosystem significance of the sea, through the implementation of research activities should be avoided as far as possible. Best environmental practice ("best environmental practice") in accordance with the Helsinki Convention and the respective State of the art shall be taken into account.
Known sites, protection of the marine environment (6) at the choice of location for marine scientific research activities should take account of cultural goods. Should in carrying out of research activities not previously known heritage in the seabed found be, appropriate measures for the protection of cultural property should be taken.
Cultural property 3.4.2 justification legal background according to article 238 SeeRÜbk consists in the EEZ of the law on scientific research. However, she subject to 240 SeeRÜbk of the constraint that she shall not unjustifiably interfere with other permitted uses of the Sea article. Other uses must duly consider the research in return. The coastal State has the right to regulate scientific research under article 245 SeeRÜbk. Research activities are subject to authorisation in relation to the continental shelf according to § 132 BBergG.
Diverse activities of the exploration of the Sea held in the EEZ. To some extent, these are associated with the installation of fixed installations that are not space significant but due to small size and thus cause no further need for regulation, especially as they are usually temporary in nature. Short-term use permits without a long-term prior definition of locations will be accordingly in the future.
(1): Reserved areas research areas identified where large-scale long-term research series in particular to the study of fish stocks run, be, which could be jeopardized by incompatible uses, notably through structural installations in their continuation. Statements about changes in the fish fauna, such as in relation to climate change, to get, investigations over several years in same areas are necessary. Against this background a special weight when compared to other uses is given to research in these areas, to ensure a continuation of the research activities.
(2): The existing measuring stations of authorities and research institutes carry out usually long-term measurements. Order not to endanger this investigation series for basic research, as well as environmental monitoring and to devalue, uses, which could affect these measurements, should keep a reasonable distance, which can be measured in individual cases.
(3): the sea is a living and natural space whose causal relationships in particular often inadequate knowledge available. A secure base is frequently missing forecasts about possible effects, interactions, or cumulative effects on the marine environment, for example by exercising certain uses of. Against this background, it is necessary to capture the results of marine scientific research, insights so as gradually as possible large-scale ecosystem relationships. This knowledge should be used for the monitoring of the implementation of the spatial plan. Basically, the accessibility of the results of scientific research should be also ensured. The design of a sustainable development of the EEZ is possible only if a sufficient level of knowledge.
To (4) and (5): Basically the research in the EEZ enjoys 238 SeeRÜbk in accordance with article guaranteed freedom, however under the premise that other permitted uses may not unreasonably be affected (article 240 SeeRÜbk). Against this background, adverse effects on the marine environment are according to the guiding vision for the protection of the marine environment, to avoid in particular the natural functions and ecosystem importance of the sea, by conducting scientific research activities. To further minimize the best environmental practice ("best environmental practice") in accordance with the Helsinki Convention and the respective State of the art are taken into account. In addition these should to be performed by, not compromise the security and ease of transport.
(6): cultural objects of archaeological value can be located In the seabed, such as ground monuments, remnants of settlement or historic shipwrecks. A large number of such shipwrecks are known and listed in the underwater base of the BSH. The information from the competent authorities should be considered when selecting sites for marine scientific research. It is however cannot be ruled out that so far unknown cultural heritage are found in the implementation of research activities. To avoid damaging them, appropriate safeguards to perform in this event in agreement with the competent authority.
3.5 energy, in particular wind energy objectives and principles (1) in the priority areas set out in the map for wind energy is 3.5.1 the extraction of wind energy other spatial uses precedence. As far as space significant plans, measures and projects in these areas with the function of the priority area wind energy are incompatible, these are excluded. (Z) wind energy (2) must not be impaired the security of transport priority areas through the construction and operation of plants for energy production in priority areas for wind energy. (Z) traffic I (3) offshore wind power plants outside the areas designated are not allowed in the Natura 2000 areas. Pre-approved offshore wind energy parks and offshore wind energy parks, who were planning legal solidified upon entry into force of the rough planning plan are exempt from this rule. (Z) (4) to offshore wind turbines are task of usage back build. The demolition caused greater adverse environmental impact than the whereabouts is it whole or in part to refrain from, unless unless the dismantling is necessary for reasons of safety and ease of transport. (Z) decommissioning (5) the individual wind turbines in the corresponding wind energy parks should be arranged as space-saving.
Arrangement of wind turbines (6) through the construction and operation of plants for energy production should not affect the safety and ease of transport.
Traffic II (7) must exceed maximum 125 m above sea level the hub height of offshore wind turbines. This restriction applies only for offshore wind turbines, which will be built within sight of the coast and the Islands. (Z) height limit (8) for the case of a simultaneous land use through use of wind energy as well as the prospecting and extraction of raw materials a best possible coordination of issues should be pursued in accordance with the criteria to be developed by the competent authorities.
Due consideration to take and a reasonable distance is raw materials (9) measures for energy production on existing pipelines and cables to comply with. (Z) pipelines and submarine cable (10) the concerns of the fisheries and the defense to be considered when planning, operation, and construction of plants for the production of energy.
Fisheries and defence (11) with the actual design of construction and operation of plants for energy production to avoid adverse effects on the marine environment, in particular the natural functions and ecosystem importance of the sea. Best environmental practice ("best environmental practice") in accordance with the Helsinki Convention and the respective State of the art shall be taken into account. The impact of energy production on the marine environment will be examined according to the permitting authority within the framework of a project-related monitoring and set out.
Propagation operations and long-range ecological interactions of fauna and flora in the sea to be considered when choosing locations for energy production.
The damage to or destruction of reefs, sandbanks, definable areas with occurrence of protection worthy benthic community as particularly sensitive habitats through the power generation should be avoided.
Known sites, protection of the marine environment (12) in the choice of location for offshore wind energy parks should take account of cultural goods. Should the planning or construction of offshore wind energy parks so far unknown heritage in the seabed found be, appropriate measures for the protection of cultural property should be taken.
Heritage 3.5.2 reason legal background the priority areas laid down in the spatial structure plan for wind energy are goals of spatial planning in the sense of § 3 number 2 ROG 1998 (cf. § 3 paragraph 1 number 2 ROG) and develop legal binding effect according to § 4 ROG 1998 (cf. § 4 ROG). It uses, which are not compatible with wind energy, are not allowed in the priority areas for wind energy. The priority area has a free function in favour of priority use in regard to other conflicting uses wind energy.
According to the § 2 paragraph 2 SeeAnlV controlled spatial clause are when deciding on the application for approval of offshore wind farms to keep in mind the goals of spatial planning, as well as to take into account the principles of spatial planning and spatial planning goals in setting up.
The definition of priority areas according to § 7 paragraph 4 ROG 1998 (cf. § 8 paragraph 7 ROG) was - similar to establishing special areas of fitness according to § 3a SeeAnlV - after checking the suitability of this area for the primary use. In particular the results of the strategic environmental assessment, as well as balancing with other, touched by the setting for the primary use concerns are the basis for this. The EIA obligation remains unaffected.
Wind turbines require in the EEZ of project approval after the SeeAnlV. According to § 2 para 1, SeeAnlV serves the authorisation of the defence of risks to the safety and ease of transport, for the marine environment and other major public concerns.
On the communication from the Commission to the European Parliament, the Council, the European economic and Social Committee and the Committee of the regions ' offshore wind energy: to achieve the energy policy objectives for 2020 and beyond necessary "of December 12, 2008 (KOM(2008) 768) indicated.
Offshore wind energy is to promote climate protection reasons and to the further development of a sustainable energy supply. On the basis of the integrated energy and climate programme of the Federal Government on 5 December 2007 the share of renewable energies in the power supply is to be increased increases and then continuously of the EEG after the revised version in force on 1 January 2009 up to at least 30 per cent by 2020. Offshore wind energy is to contribute significantly (up to 25 000 MW by the year 2030; Chapter 2.3 for details, see).
Already in 2002 the Federal Government had developed a strategy for wind energy use on Lake, where low-conflict areas as potential suitability areas for wind energy according to § 3a SeeAnlV were identified with the participation of all affected departments. These areas have been investigated in the determination procedure in particular with regard to the issues of navigation and the marine environment. Until December 31, 2005 specifications for the areas of "Warrior flak" and "West of Eagle base" in the Baltic Sea (approx. 32 km) entered Northwest or northeast of Rügen in force. To include additional issues and final consideration a particular attitude to these areas for the use of wind power generation could be determined at the level of spatial planning, so that these areas as priority areas for wind energy in the spatial structure plan be adopted, how's 1998 foresees also section 18a paragraph 3 sentence 2 ROG.
(1): The priority areas for wind energy as a priority aim of gaining the wind energy, have to note this other space significant uses.
The primacy of the production of wind energy includes the installation of wind turbines, necessary auxiliary equipment such as converter platforms, substations and measurement platforms, also laying dissipating power cables in the priority field and possibly also from other priority areas for wind energy or wind farms outside of priority areas.
The goal of no. 5 in Chapter 3.3.1, to take into account already existing pipelines and cables in the choice of track history for new submarine cables and to keep a reasonable distance, is pointed out.
The identified priority areas in the Baltic Sea have a stretch of approximately 130 km2. In the priority areas, three wind farms with a total of 240 installations have been, approved with still no wind turbine (wind Turbines) was constructed (Status: October 2009). For further four wind farms in the established priority areas with targeted 61 plants requests the glulam. This results in the total 301 wind Turbines with a nominal capacity of up to 1 505 MW (when using 5-MW wind turbines). Thus an important contribution to the achievement can be eligible with the priority areas short of up medium-term development objectives of the Federal Government. The establishment of priority areas does not affect wind energy park permits outside these areas and changes especially nothing of obligation in accordance with article 17 paragraph 2a of the EnWG, wind farms regardless of the network to connect, whether they are inside or outside of priority areas. A temporal sequence of the grid connection of offshore wind farms is not provided with the definition of the priority areas.
 
Total size (km2)) parks (WEA) Max approved MW (approved parks) *) requested parks (WEA) MW Max (for Park) *) occupancy rate *) priority areas North Sea 880 13 (809) 4 045 9 (544) 2 720 42% areas Baltic Sea 130 3 (240) 1 200 4 (61) 305 71% parks outside the priority areas 9 (720) 3 600 2 (90) *) 450 1 010 total 25 (1 769) 8 845 15 (695) 3 475 46% *) = computational power of 5 MW wind turbines *) = only planning legally solidified parks (stand : October 31, 2009) *) = approved and planning law solidified parks without taking into account the further proposed parks (State: October 31, 2009) table: land specifications as well as current planning and approval location for offshore wind energy (indicated to the North Sea only for information) military matters were also taken into account when selecting the area requirements for wind energy. This happened in particular as follows:-"Warrior flak": the priority area for wind energy leads to any significant disturbance to the concerns of the military. This has resulted in the examination within the framework of the procedure for establishing the special suitability area after the SeeAnlV. The Ministry of defence (BMVg) is in favour of the priority area for wind energy the U boat diving area Bravo 1, as well as a small part of the U-boat diving area Bravo 2 abandoned. During the construction phase of a wind turbine use for U boat exercises in the remaining U-boat diving area will be 2 limited, but Bravo according to fmod no objection to the construction of wind Turbines in this area.
-"West Eagle base": the priority area for wind energy leads to any significant disturbance to the concerns of the military. This has resulted in the examination within the framework of the procedure for establishing the special suitability area after the SeeAnlV. The priority lies in the air warning area (danger) ED-D 47 C, which will increasingly be used according to the military district administration North of the air force at a height of 2 100-9 200 m in the future. Target practice are not carried in the air warning area (danger) ED-D 47 C. In accordance with the opinion of the BMVg laying down of special fitness area "West Eagle base", no objection to the use of offshore wind energy are if the Übungsschießgebiete ED-D 47 A and B for the military flight and shooting operations remain fully usable. It is therefore pointed out that in the Übungsschießgebieten of the air force ED-D 47 A and B as well as the artillery shooting area "Pomeranian Bay" no specifications, spatial, any adverse practice operation of the German armed forces are made.
(2): The safety of traffic must not be impaired by the energy in the priority areas, this applies in particular to the peripheral buildings. To ensure of the safety of navigation, but also the plants, the permitting authority establishes SeeAnlV security zones especially when adjacent priority or subject areas according to § 7 systems for shipping. After extensive consideration and taking into account the interests of shipping chosen so that a proper and operated according to the rules of good seamanship ship ride is also still safe to do so, even if any establishment of an offshore structure represents a navigation barrier and thus embodies a hazard (see also the definitions of special fitness areas according to § 3a SeeAnlV, such as the "West Eagle base" are the priority areas for wind energy , P. 13 et seq.). Approval level risk analyses for individual projects, as well as cumulative analyses of risks to by several wind farms in the vicinity also taking into account the specific wind park configurations are created and included in the decision on the project by the approval authority. This is the current practice for authorisation. If necessary holding stocks of emergency towing capacities can be arranged in the permit notification (see the specifications of special fitness areas according to § 3a SeeAnlV, such as "West Eagle base", p. 15).
(3): Outside the priority areas for wind energy offshore wind turbines are already approved or prohibited entry into force of the spatial plan planning legally solidified offshore wind energy parks in the Natura 2000 areas with the exception. So CA be kept free by offshore wind turbines 56 per cent of the German EEZ in the Baltic Sea by the use.
Solidified as a planning law apply projects once the public notice and the interpretation of the application documents, as well as the documents b Federal EIA Act are Federal EIA Act (usually in the form of an environmental impact study) according to § 6 in accordance with article 9, paragraph 1. Also, the project must be evaluated at the time of the assessment of planning law hardening material point of view as fundamentally approvable.
As stated under item 1, there are plans for offshore wind energy parks within the priority areas of the Baltic Sea with a total capacity of up to 1 505 MW at the time of entry into force of the spatial plan. So the expansion target of the Federal Government of about 25 000 MW (territorial seas and EEZ in the North Sea and Baltic Sea as a whole) can be achieved by 2030, the spatial plan of wind park projects outside of the identified priority areas - with the exception of the Natura 2000 sites - does not exclude; This applies in particular to the white areas of the plan. Rather, the admissibility depends on the SeeAnlV; in the approval procedure there are specific questions on the safety and ease of transport, to clarify to the marine environment or other vast public matters.
For the future designation of new areas for wind energy in the way of the change of plan, these new areas must be arranged in spacious so, that not a barrier or occurs only to a minimal extent. This applies for the Lake area, in particular with regard to maritime transport, as well as for air carriers, in particular as regards the bird migration. For the maritime sector in particular large-scale connection axes are taken into account. For the bird migration, special attention is the areas with strong migratory bird traffic in particular between Lolland and Fehmarn and Skåne and Mecklenburg-Vorpommern.
To (4): According to the planning guideline that stationary uses must be reversible, i.e. only temporarily and limited in time may take place, are also plants for energy after using back build. This decommissioning obligation also refers to structures that serve the shunt, such as substations, and the Park-internal wiring. Thus counteracts disability a possible further be predictability in this area. The arrangement and design of the decommissioning in individual cases are the responsibility of the competent professional authority. In the event that the demolition caused greater adverse environmental impact than the whereabouts is it whole or in part to refrain from, unless unless safety and ease of transport require the dismantling of which also the concern of the safety of fishing vessels is maintained. The complete removal of the foundations below the top of the seabed should be necessary for reasons of safety and ease of transport and have the greater impact on the marine environment as the partial fate.
The decommissioning obligation long-term options of land use can be kept open because alternative uses are facilitated and thus can make a contribution to sustainability. In addition, it serves the protection of the marine environment.
(5): According to the guideline of an economical land use wind turbines in wind energy parks should be arranged as focused, to minimize land usage.
(6): due to the high importance of transport safety and ease of transport should not be affected also outside the priority areas for wind energy by energy. A proper and operated according to the rules of good seamanship ship ride is also still generally safe to do so.
(7): Possible impairment of the landscape, how it is perceived from the shore, or to minimize, as far as possible issues of tourism may offshore wind turbines maximum a hub height of 125 m above sea level have. This restriction applies only for offshore wind turbines, which will be built within sight of the coast and the Islands. Further clarification in the permitting procedure according to the SeeAnlV, taking into account highlighted tourist lookouts such as promenades in determining the visibility.
(8): For the case of a simultaneous land use through use of wind energy and the prospecting and extraction of raw materials a best possible coordination of issues should be sought. Still to be developed and to matching criteria for the sustainable design of uses should be relevant for this purpose by the competent authorities. This need for a coordination of concerns applies in particular for offshore wind energy parks outside the priority areas for wind energy, because the raw materials within the priority areas in the event of incompatibility with the primacy of wind energy to orient has on their concerns.
To (9): to reduce the risk of damage to pipelines and undersea cables and not to interfere, to the possibilities of the maintenance is to take into account measures of energy production on existing pipelines and cables. It's a reasonable distance to these to comply. The definition of a reasonable distance is to clarify, since it depends on the specific conditions in individual cases. This goal is also supported by establishing a reserved area for pipelines (see section 3.3.1).
(10): Fisheries and the defence is to traditional uses of the sea, but currently difficult for the independent spatial planning regulations (fisheries see section 3.6.2) or not (defense, see Chapter 4.1) are possible. However, these uses in the EEZ are allowed and must be taken into account by the other uses. Accordingly, the establishment of no. 10 meets no (independent) scheme in favour of the fisheries or the defence planning level, rather on the legal basis of article 18a paragraph 1 sentence 1 ROG is 1998 (section 17, paragraph 3 ROG) regulated wind energy as economic was in the EEZ and pointed out the legal position in trade law, or at the project level under this scheme: wind turbines in the EEZ shall require the approval of the project. According to § 2 para 1, SeeAnlV serves the authorisation of the defence of risks to the safety and ease of transport, for the marine environment and other major public concerns. Other public interests are in particular the issues of fisheries and of defence; This must be considered by the approval authority when the project is approved or by the wind energy industry in design, construction and operation of wind turbines.
(11): According to the guideline for the protection of the marine environment adverse effects on the marine environment, and in particular the natural features of the area should be avoided in the actual design of construction and operation of plants for the production of energy. The concrete implementation, such as protecting the noisy marine mammals, is to regulate the permitting authority, taking into account the specific characteristics of the project area at the project level. To further minimize the best environmental practice ("best environmental practice") in accordance with the Helsinki Convention and the respective State of the art are taken into account.
To ensure an environmentally-friendly energy generation, are to examine the impact on the marine environment within the framework of a project-related monitoring and set out. For wind energy production, appropriate project-related investigations are for the examination and monitoring of the impact of offshore wind turbines according to the specifications in the definitive approval decisions making. The results here obtained are used for the monitoring of the implementation of the spatial plan.
§ 2 paragraph 2 number 8 ROG 1998 (cf. § 2 paragraph 2 number 6 ROG) combines the protection, care and development of nature and landscape with the needs of a Habitat network system. It is not yet sufficiently explored, to what extent are amassed and accessible marine ecosystems to the same extent as the terrestrial ecosystems to adapt secured Habitat network system and how to delineate possible components. Against this background, no detailed specifications are possible according to current knowledge with respect to a Habitat network system. In the choice of locations for the production of energy ensuring however, to consider the operations of spread of and long-range ecological interactions of species and their habitats.
The structures referred to in principle No. 11, last paragraph, are habitats, which damaged or destroyed outside the Natura 2000 sites should be avoided. According to current knowledge, there is the possibility that the above structures outside of the occurrences in the Natura 2000 areas occur. However, no concrete spatialization is possible at the present time. Should however detailed investigations, for example, in the concrete procedure for approval of plants for energy production the above structures found are, a particular weight is this in the decision-making process.
(12): cultural objects of archaeological value can be located In the seabed, such as ground monuments, remnants of settlement or historic shipwrecks. A large number of such shipwrecks are known and listed in the underwater base of the BSH. The information from the competent authorities should be considered when selecting sites for the construction of offshore wind energy parks. It is however cannot be ruled out that further investigation of planned locations or the construction of offshore wind energy parks so far unknown cultural goods are found. To avoid damaging them, appropriate safeguards to perform in this event in agreement with the competent authority.
3.6 fisheries and mariculture 3.6.1 principles fisheries and mariculture (1) which is fishing is a traditional economic activity, which is carried out in the Baltic Sea region for centuries and socially anchored. The EEZ is a room with a high economic potential for fisheries and the processing industry. The mariculture is regarded as a future significant economic factor.
Basic (2) adverse effects on the marine environment, in particular the natural functions and ecosystem significance of the sea by fishing, as well as the establishment and operation of Mari cultures should be avoided. The ecological requirements for aquaculture of Regulation (EC) No 834 / 2007 of the Council of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No. 2092/91 (OJ L 189 of the 20.7.2007, p. 19) should be taken into account. Best environmental practice ("best environmental practice") in accordance with the Helsinki Convention and the respective State of the art shall be taken into account.
Fishing (3) to secure lasting fishing using fish stocks should are managed sustainable protection of the marine environment. The communication from the Commission to the Council and the European Parliament of 4 July 2006 on the implementation of sustainability in the fisheries sector in the EU through maximum sustainable yield (KOM(2006) 360) taking into account to find this. Also should the communication from the Commission to the Council and the European Parliament of 11 April 2008 about the role of the CFP in implementing an ecosystem approach to marine management (KOM(2008) 187) taken into account.
Sustainable management (4) known sites to be considered when the fisheries of cultural goods.
Heritage mariculture (5) the construction of plants for the mariculture should be preferred in combination with already existing installations. Maintenance and operation of the existing installations should not be affected by the investment and operation of Mari culture.
With existing installations (6) through the establishment and operation of Mari cultures the safety and ease of transport to does not affect site combination.
Transport 3.6.2 justification legal background international law by article 56 of the SeeRÜbk coastal States have the sovereign right to the use of the living marine resources in the EEZ. This right is article 61 et seq. SeeRÜbk linked to the General obligation to take conservation and management measures that ensure sustainable use of fish stocks.
Furthermore, the code of conduct for responsible fisheries of the food and Agriculture Organization of the United Nations (food and Agriculture Organization - FAO") is to call on an international level. This is not directly binding, however formulated principles and codes of conduct for responsible fishing practices in the interest of ensuring an effective conservation, management and development of living aquatic resources, taking due account of the ecosystems and biological diversity.
Community law by Regulation (EEC) No 170/83 of 25 January 1983 establishing a Community system for the conservation and management of fishery resources (OJ of the Council OJ L 24 of the 27.1.1983, p. 1) introduced in the common fisheries policy (CFP). It has been reformed since then several times. The CFP aims to protect available and accessible living marine resources and to receive, and to ensure that they are managed efficiently, responsibly, permanently, and taking into account their effects on the ecosystem of the sea under reasonable economic and social conditions, and that it reflected the needs of producers as well as consumers.
The legal framework is primarily used by Council Regulation (EC) No. 2731/02 of the Council of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the common fisheries policy (OJ L 358 of 31.12.2002, p. 59) (GrundVO), as well as Regulation (EC) no 894/97 of the Council of 29 April 1997 on technical measures for the conservation of fishery resources (OJ OJ L 132 of the 23.5.1997, p. 1). These regulations are supplemented by the establishment of total allowable catches and fishing conditions for the exercise of fishing. A sea area in the scope of the EC, to which all Member States have free access in total within the 200-mile zones. The European Council shall each year set the total catch quotas and stock protection measures.
In addition to management and conservation rules, also marketing rules on the common organisation of the market of fishery products and aquaculture products are governed by the CFP. In the context of the CFP is by Regulation (EEC) no 3094/86 of the Council of 7 October 1986 through technical measures for the conservation of fish stocks (OJ OJ L 288 of the 11.10.1986, p. 1) a plaice nursery area (known as plaice box) with management rules have been established.
In addition, the European Commission has decided in the future to the sustainable design of the fisheries sector ("maximum sustainable yield") to pursue the concept of maximum sustainable yield (communication from the Commission to the Council and the European Parliament of 4 July 2006 on the implementation of sustainability in the fisheries sector in the EU through maximum sustainable yield (KOM(2006) 360). The common fisheries policy is to contribute also in implementing an ecosystem approach to marine management according to the Commission communication (communication from the Commission to the Council and the European Parliament of 11 April 2008 about the role of the CFP in implementing an ecosystem approach to marine management (KOM(2008) 187). With the 2008 published legally non-binding guide 'Fisheries Measures for Marine Natura 2000 Sites', the Commission has a guide available, as are applied for and adopted measures for fisheries management in marine Natura 2000 sites in the EEZ.
Federal law the German fisheries policy is fully integrated since 1983 in the CFP. Thus, the EU fishing sector has the almost exclusive legislative competence. National legislation is reduced therefore primarily on the implementation of the community management and regulations offences. Moreover, possibility to regulate fisheries for reasons of nature and species conservation, insofar as these measures are compliant with the CFP.
The Sea Fisheries Act as amended by the notice of 6 July 1998 (Federal Law Gazette I p. 1791) (SeeFischG) regulates the powers and responsibilities of the Federal and State Governments with regard to the control of fishing activities and others. She is also the basis for the regulation of fisheries, in which fishing is limited in quantity, time or in any other manner as well as regulations on fishing areas and ban on the fishing of certain species of fish may be taken.
Mari culture used plants for Mari cultures economic purposes, they are subject to approval according to the SeeAnlV. Note the Regulation (EC) No 708 / 2007 of the Council of 11 June 2007 on the use of alien and locally absent species in aquaculture (OJ is on preventing the proliferation of non-native species OJ L 168 of the also, p. 1) in conjunction with Regulation (EC) no 506 / 2008 of 6 June 2008 amending Annex IV of to Regulation (EC) No 708 / 2007 of the Council of 11 June 2007 on the use of alien and locally absent species in aquaculture (OJ OJ L 149 of the 7.6.2008, p. 36). On the requirements of the regulation on the establishment of the nature reserve "Pomeranian Bay" by September 15, 2005 (BGBl. I S. 2778) is pointed out.
Restrictive area specifications for the fisheries are not possible on the basis of the regulatory competence of the EU; also, it is currently little sense to spatially delineate fishing areas in particular because of the EU's common fisheries policy. Rules to take account of the concerns of the fisheries primarily sources related with the use of raw materials, pipes and cables and energy taken (see section 3.2, 3.3 and 3.5). In these uses, a particular weight should be attached to the consideration of the needs of the fisheries.
(1): The fishing is a traditional economic activity, which is carried out in the Baltic Sea region for centuries and is socially anchored. The EEZ is a room with a high economic potential for fisheries and the processing industry. The mariculture is regarded as a future significant economic factor.
(2): According to the guideline for the protection of the marine environment adverse effects on the marine environment and in particular the natural functions and ecosystem importance of the area should be avoided in the actual design of the fisheries, as well as by operation and construction of Mari culture. To further minimize the best environmental practice ("best environmental practice") in accordance with the Helsinki Convention and the respective State of the art are taken into account. In practice, this is implemented in among other things through the application of technical measures of the CFP. Often aspired and already partly achieved certification demands a high degree of environmentally-friendly fishing of the fishing enterprises. The results of the research project of the International Council for the exploration of the Sea (ICES) to a "Ökosystemverträglichen fisheries management in protected areas (EMPAS)" is pointed out. In addition, Mari cultures are to be operated as sustainable. Therefore should the ecological requirements for aquaculture of Regulation (EC) No. 834 / 2007 of the Council of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No. 2092/91 (OJ L 189 of the 20.7.2007, p. 19) be taken into account. Regulation (EC) No 708 / 2007 of the Council of 11 June 2007 on the use of alien and locally absent species in aquaculture (OJ OJ L 168 of the also, p. 1) and Regulation (EC) no 506 / 2008 of 6 June 2008 amending Annex IV of to Regulation (EC) No 708 / 2007 of the Council of 11 June 2007 on the use of alien and locally absent species in aquaculture (OJ L 149 of the 7.6.2008, p. 36) should help to prevent the spread of alien and locally absent species using in the mariculture in the Baltic Sea.
(3): The preservation of natural resources is a prerequisite for their use. Therefore, fish stocks to secure lasting fishing use should are managed sustainably. Important factor is the orientation to the concept of maximum sustainable yield. This referred to the maximum yield of a fish stock, without reducing the performance of for the future. This approach by means of the concept of maximum sustainable yield corresponds to the objectives of the EU according to the communication from the Commission on the implementation of sustainability in the fisheries sector in the EU. Furthermore, the EU Member States at the World Summit on sustainable development agreed 2002 in Johannesburg on the implementation of the principle of sustainability in fishing until the year 2015. Measures for the development of larger fish stocks within the framework of a sustainable use should contain in the future within the framework of the CFP, including reduced fishing quotas and other measures such as, for example, the naming of fishing sanctuaries, as well as regulations for the reduction of by-catch and discards. For the design of sustainable management code of conduct offers evidence also for example above for responsible fisheries of FAO. The common fisheries policy is to contribute also in implementing an ecosystem approach to marine management according to the Commission communication (communication from the Commission to the Council and the European Parliament of 11 April 2008 about the role of the CFP in implementing an ecosystem approach to marine management (KOM(2008) 187). The CFP includes inter alia a differentiated management of areas such as for example in the so-called plaice box.
To (4): cultural objects of archaeological value can be located In the seabed, such as ground monuments, remnants of settlement or historic shipwrecks. A large number of such shipwrecks are known and listed in the underwater base of the BSH. The information from the competent authorities to be considered when fishing.
(5): The mariculture is an internationally growing industry where the development against the background of stagnant or declining fishing income can be seen.
Even if the construction of Mari cultures in the EEZ is currently impossible to predict, a framework for possible future developments shall be given as of now. To the creation of synergies, the use of existing installations - such as such as the foundations of offshore wind energy plants as anchorage areas for aquaculture systems offers construction of Mari culture. These are necessary for fixing such as longlines or cages. By focusing on areas with existing installations make a contribution to the reduction of land use to combination of uses. On the part of the Mari culture to ensure that the proper maintenance and operation of the existing installations are guaranteed.
(6): The safety and ease of transport should not be affected by Mari cultures. Principle No. 5 to the combination of Mari cultures with already existing installations will contribute by reducing another potential obstacles to navigation.
3.7 3.7.1 marine principles sea nature (1) the EEZ to as natural space in its respective typical, natural forms and with their exchange relationships and interactions are permanently secured to the preservation of biological diversity and developed. The natural goods should be included this sparingly and carefully according to the regional guiding vision of sustainability in claim. Impairment of the ecosystem should be avoided, taking account of the precautionary principle and the ecosystem approach and reduced.
Protection and care permanently no longer land sea nature (2) restored the functions of the ecosystem in their original state or in one of the new living conditions adapted state of a new ecological balance in their capacity be secured.
Permanently no longer used land sea landscape/free space (3) the seascape will be secured in their natural character and get their characteristic large space structure. EEZ will be large areas as ecologically intact space permanently receive, developed and secured in their importance for operational sea floors, water budget, the flora and fauna (biodiversity) and the climate.
The free space to free maintained protection and care of the sea landscape / of free space (4) uses that would be possible comparable to land - especially by structural systems -. This includes not the uses that principle on land are possible, but the sea will find special site conditions.
Keep free of certain uses 3.7.2 rationale legal background the Federal Republic of Germany is party to all relevant international conventions for the protection of the marine environment.
Worldwide Convention which wholly or partly serve the protection of the marine environment:-the United Nations by December 10, 1982 Convention of law of the Sea (BGBl. 1994 II p. 1798, 1799)-International Convention of 1973 for the prevention of pollution from ships of 2 November 1973 as amended by the Protocol of 1978 by February 17, 1978 (BGBl. 1982 II p. 2, 4, 24) (MARPOL 73/78) - Convention on the prevention of marine pollution through the use of wastes and other matter of 29 December 1972 (BGBl. 1977 II) P. 165, 180) as well as the Protocol of November 7, 1996, to the Convention on the prevention of marine pollution through the use of wastes and other matter of 1972 (BGBl. 1998 II p. 1345, 1346)-international agreement on measures on the high seas in Ölverschmutzungs accidents by 29 November 1969 (BGBl. 1975 II p. 137, 139)-International Convention of 1990 on prevention, control and cooperation in the field of oil pollution by 30 November 1990 (BGBl. 1994 II S. 3798) , 3799) regional Convention for the protection of the marine environment:-1992 Convention on the protection of the marine environment of the Baltic Sea area by 9 April 1992 (BGBl. 1994 II p. 1355, 1397) (Helsinki Convention) protection product specific agreements:-Convention on the conservation of migratory species of wild animals by June 23, 1979 (BGBl. 1984 II S. 569, 571) (Bonn Convention) agreement concluded within the framework of this Convention:-agreement on the conservation of small cetaceans of the Baltic and North seas , of the North-East Atlantic and the Irish Sea by 31 March 1992 (BGBl. 1993 II pp. 1113, 1114) (ASCOBANS) - agreement on the conservation of bats in Europe 4 December 1991 (BGBl. 1993 II p. 1106, 1107)-agreement on the conservation of African Eurasian migratory waterbirds of 16 June 1995 (BGBl. 1998 II p. 2498, 2500)-Convention on biological diversity of 5 June 1992 (BGBl. 1993 II pp. 1741) , 1742) community and federal law: in addition to the Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ OJ L 327 of 22.12.2000, p. 1) (water framework directive) and the rules for sustainable fisheries in the CFP are at Community level the Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and Flora (OJ L 206 of the 22.7.1992, p. 7) (fauna-flora-Habitat Directive) and Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ L 103 of the 25.4.1979, p. 1) (birds directive) of significance. This commitment throughout the community to establish a network of ecologically valuable protected areas (Natura 2000).
The reserve system Natura 2000 is made specifically from the sites of Community importance ("special areas of conservation - SAC") according to the Habitats directive and the European bird ("special protected areas – SPA") in accordance with the birds directive. This network aims at the conservation of biological diversity on land, in fresh water and in the sea.
Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for Community action in the area of the marine environment (OJ L 164 of the 25.6.2008, p. 19) (marine strategy framework directive) establishes a framework for action, to achieve good environmental status in the marine environment by the year 2020 at the latest, or to get.
With the new regulations of the federal nature conservation Act (BNatSchG) in April 2002, the legal basis was to implement the reserve system established in Natura 2000 in the sea areas of the EEZ. According to § the identification of protected marine areas is possible 38 BNatSchG. Any restrictions of use opportunities in these areas must comply with the specifications of the SeeRÜbk.
The ROG postulated in his principles and others, that permanently to protect, maintain, develop and, if necessary, possible and appropriate, to restore nature and landscape including the sea areas are (§ 2 paragraph 2 number 8 ROG 1998, cf. section 2 paragraph 2 number 6 ROG).
To mention is also the national strategy on biological diversity on 7 November 2007 and the national strategy for the sustainable use and protection of the seas (national marine strategy) by October 1, 2008.
The spatial plan of EEZ meets extensive spatial planning provisions in favour of the marine environment. This concerns the marine environment are backed up comprehensively, a provisions in favour of the marine environment in the specifications for the individual uses, on the other hand by the original reappoint see Chapter 3.7 for the protection of the marine environment.
An extensive nature protection protection status comes to the bird protection and FFH areas in the EEZ of the Baltic Sea. Because they thus have implications for the spatial planning, overall consideration, they are for the purpose of coordination of the space claims) taken informed in the map of the spatial plan. The birds and Habitats areas have been considered on the basis of the environmental report on the commitments taken in the spatial structure plan.
(1): in § 2 paragraph 2 number 8 ROG 1998 (cf. § 2 paragraph 2 number 6 ROG) a list of the policy formulations relevant for nature conservation. These can be transferred to the sea areas only in parts. In part they must be adapted to the planning room, sometimes you can find no application in the EEZ.
§ 2 paragraph 2 contains number 8 ROG 1998 (cf. § 2 paragraph 2 number 6 ROG) include the following content, which are adapted to the conditions in the EEZ in this principle:-nature and landscape including sea areas are permanently to protect, maintain, develop and, if necessary, possible and appropriate, to restore.
-Nature goods are economical and easy to make.
-With permanently no longer land, the soil should get in his performance or be restored.
In addition ROG is the conservation of biological diversity and the observations they characteristic habitats and features also a sustainable planning in the sense of the idea according to § 1 paragraph 2 1998 (cf. § 1 paragraph 2 ROG) and to the proposed ecosystem approach with his holistic approach such as the inclusion of negative cumulative effects, interactions and exchanges.
(2): Basically the functions of the ecosystem to be restored permanently disused areas to their original state (§ 2 paragraph 2 number 8 ROG 1998 - cf. § 2 paragraph 2 number 6 ROG). Because after surgery quickly a new ecological balance formed in the sea, the preservation or restoration of the soil is but not always useful after long-term use. Rather, it should be balanced whether this new State is not also worthy for burdens were connected with a restoration of the original condition.
More regulations for the protection of the sea nature find sources related to the individual uses.
(3): according to section 2 paragraph 2 number 8 ROG 1998 (cf. § 2 paragraph 2 number 6 ROG) are permanently to protect nature and landscape including sea areas, maintain, develop and, if necessary, possible and appropriate, to restore. -Adapted to the conditions in the EEZ - this is reflected in this principle.
In addition 3 ROG number can be found in § 2 paragraph 2 1998 (cf. § 2 paragraph 2 number 2 ROG) principle formulations to space structures, in terms of the applicability of the same number as for § 2 paragraph 2 8 ROG (see explanatory memorandum to principle No. 1). Thus, § 2 paragraph 2 includes 3 ROG number 1998 (cf. § 2 paragraph 2 number 2 and 6 ROG) include the following content, which are adapted to the conditions in the EEZ in this principle:-the large-scale and cross-cutting space structure is to maintain and develop.
-The open spaces are in their importance for working soils, water resources, to protect the flora and fauna, as well as the climate or to restore their functions.
The principle thus essentially aimed at the preservation of the character of the EEZ in the Baltic Sea as a large open space. The landscape marked by openness and largely uninfluenced by errors, as it is perceived mainly by land-based, should be affected as little as possible.
Against this backdrop, large parts of the EEZ of the Baltic Sea area commitments are kept open. Uses should be focused as possible on some suitable areas. This helps also that offshore wind turbines are henceforth prohibited in the Natura 2000 sites which about comprise 56 percent of the German EEZ in the Baltic Sea.
To (4): to secure the space to this free be kept as possible of uses, which would be possible comparable to land. Common land uses will be transferred easily to the maritime area. This refers in particular to structural systems, such as high-rise buildings such as hotels, etc. This should a possible problem shifting from land to sea as a precaution countered are. Does not include uses, which are possible in principle even on land, will find, however, but special site conditions on the sea, which are not comparable to the conditions on land. This applies in particular to the raw materials and energy production.
4. consideration of any other issues 4.1 military use the military use of the EEZ is not explicitly regulated in the SeeRÜbk and provides no rules contained in section 18a ROG 1998 (cf. § 17 paragraph 3 ROG) that therefore no provisions for military use are made in this plan. However, ensuring the functioning of the Bundeswehr is of national interest. Therefore, the existing military training areas were taken over and the area requirements for other uses appropriate coordinating account (see also section 3.5.2) informed in the spatial structure plan. Also performatively after focuses the majority of definitions and area to the stock (such as shipping and pipelines) or is legally adopted (such as the special fitness areas for wind energy according to the SeeAnlV), so that there can be no further impact on the military use here (see also section 3.1.2). The rest require equipment in the EEZ of a project approval. According to § 2 para 1, SeeAnlV serves the authorisation of the defence of risks to the safety and ease of transport, for the marine environment and other major public concerns. Other public interests are in particular the interests of the defence.
4.2 recreational and tourism be made arrangements in the field of leisure and tourism in the context of spatial planning. The relationship between offshore wind energy and pleasure craft traffic must be clarified trade authorities.
Impact of tourism on the coast through the construction of offshore wind farms in the priority areas for wind energy in the EEZ are not to be expected. The wind energy converters (WEC) in the priority areas for wind energy will be very limited visible due to the distance to the coast and the islands of at least 32 km, and this only when visibility is good. The visibility of a wind turbine is also diminished that in wind Turbines being built within sight of the coast and the Islands, the hub height is set to maximum 125 m (see Defining 3.5.7; see detailed explanation on how to do this in the environmental report). This assessment is supported by several current reports and studies on effects on tourism in the North and Baltic Sea region, including examples of off-shore wind farm "Horns Rev" in the North Sea (approximately 14 to 20 km off the coast of Jutland) and "Roedsand" in the Baltic Sea (approx. 10 km by Nystedt away), achieved no decline in overnight stays in their environment.
4.3 Fehmarnbeltquerung the area of Fehmarnbeltquerung is represented informed the set map for the EEZ in the Baltic Sea. The Treaty on the establishment of a solid Fehmarnbeltquerung between Puttgarden and Rödbyhavn was signed on September 3, 2008 by the German and Danish transportation Ministers. The corresponding act of the Treaty of September 3, 2008, between the Federal Republic of Germany and the Kingdom of Denmark concerning a fixed Fehmarnbeltquerung is July 24, 2009 came into force on (Federal Law Gazette II 2009 p. 799). The completion of the fixed Fehmarnbeltquerung is intended up to 2018 (see press release of the BMVBS No. 235 / 2008 of 3 September 2008).
4.4 ammunition sinking areas and sediment out of the EEZ in the Baltic Sea there are no findings to ammunition sinking areas. Regulations are not necessary in the framework of spatial planning. The same applies to the sediment transfer because there is no current or planned activities in the German EEZ.
5. Summary environmental statement and presentation of measures to monitor the significant environmental effects 5.1 Summary environmental declaration in accordance with § 7 paragraph 8 sentence 2 ROG 1998
When drawing up this plan, ROG is in accordance with § 7 paragraph 5 1998 (cf. § 9 ROG) parallel or integrated environmental assessment according to the requirements of the sea directive has been carried out. The sea directive's aim according to article 1, "to ensure a high level of environmental protection in regard to the promotion of sustainable development and to contribute environmental considerations to be included in the preparation and adoption of plans and programmes, including by ensuring that certain plans and programmes which have expected significant environmental implications, are subject according to this directive, an environmental assessment."
Scope and level of detail of the environmental report (scope, scoping) have been discussed in collaboration with the Federal Office for nature conservation (BfN) on May 10, 2005 with representatives of authorities and associations.
On the basis of the Scopings, an environmental report has been created in accordance with the criteria of annex I of the sea directive. Posts of the BfN have been using to describe the biological protection, as well as to the expected development for non-implementation of the plan. The planning area Baltic Sea is as far as possible been differentiated according to the natural and geological conditions in other areas. The environmental report focuses in particular on the description and assessment of the likely significant effects of the implementation of the spatial plan on the marine environment, with the made description and assessment of the State of the marine environment as a basis. At the same time, the measures that should prevent significant negative impact of the implementation of the spatial plan on the marine environment, reduce and compensate as far as possible are represented. In addition to the summary of the reasons for the choice of the tested alternatives, the measures envisaged for monitoring the significant impact of the implementation of the spatial plan on the environment named and presented the results of impact assessments with regard to the FFH - and bird sanctuaries.
The plan is the result of the previous comprehensive environmental assessment. Environmental issues and in the preparation of the environmental report, the findings have been incorporated in the development of the provisions of the draft of the plan. The results identified in the strategic environmental assessment with regard to the importance of individual spatial areas for biological protection in defining areas for individual uses, particularly in the offshore wind power, as a basis for decision making are drawn up. At the same time the regional specifications during the elaboration of the draft of the plan on their environmental impact continuously been studied and adapted. The expected significant negative effects discussed in the environmental report of individual uses led to General as well as source-related provisions in the spatial structure plan for the prevention and control of these effects. These specifications for the prevention and control of significant negative effects also ensure to take account of the importance of individual spatial areas for biological protection that are no significant damage caused by the implementation of the spatial plan, but rather - compared with the presented development of the marine environment for non-implementation of the spatial plan - adverse effects be avoided. Only area provisions are made in the spatial structure plan, which have no significant impact on the protection and conservation goals of the FFH - and bird sanctuaries after the assessment of the environmental report or that are acceptable according to the specifications of the SeeRÜbk in conjunction with § 38 BNatSchG. The environmental report on the federal maritime and hydrographic Agency (BSH), Bernhard-Nocht-Straße 78, 20359 Hamburg, and Neptun Ahornallee 5, 18057 Rostock, and on the Internet page of the BSH to everyone's insight will be available from the date of the promulgation of the spatial plan.
The environmental report including the assessment and the comments from the authorities and public participation are in establishing the spatial plan in accordance with § 7 paragraph 7 sentence 2 ROG 1998 (cf. § 7 paragraph 2 ROG) been taken into account.
In the participation procedure the draft of spatial development plan and environmental report in two investment rounds with the possibility of opinion are been provided the States as well as the German authorities and the public. Oral discussions took place with the countries bordering on the 24-25 September or December 12, 2008, and on September 29, 2009, with the authorities and the public on September 30, 2008. According to evaluation of orally presented and the comments received in writing altering the results of the environmental report to the provisions of the development plan was not required.
After the implementation and evaluation of the first round of investment, the plan design was modified in particular in two areas: A first change concerns the area requirements for wind energy. So that the climate change or expansion target of the Federal Government for offshore wind energy by 25 000 MW can be reached by the year 2030, the coupling of the priority areas for wind energy with an exclusion of the wind energy provided in the first draft of the plan is indeed dropped plan area. A foreclosure effect applies only to the Natura 2000 sites. This plan change shall be without prejudice to the determination in the environmental report that no significant effects on the marine environment associated with determining the priority areas for wind energy "Warrior flak" and "West of Eagle base" (unchanged).
A second change is the inclusion of two new priority areas for shipping in the Baltic Sea (South of the Adler reason as well as shipping route between Swinemünde (Swinoujscie) and Ystad) after the consultations with the States.
In summary, it can be stated that through the implementation of the provisions of the spatial plan for shipping, mining, pipelines and cables, in particular because of the General as well as source-related specifications for the prevention and control of impact - no significant effects on the marine environment scientific marine research, energy (in particular wind energy), as well as fishing and mariculture - are expected. The area reappoint in the spatial structure plan for pipes and cables, as well as wind energy have no significant impact on the protection and conservation goals of the FFH - and bird sanctuaries after the impact assessment.
As overall result is to determine that - compared to a future development of the EEZ for not implementing the plan - by coordinating and concentrating effects of use set forth in the spatial structure plan positive environmental impacts are expected.
5.2 monitoring measures according to article 7, paragraph 8, set of 3 ROG 1998 as measures for monitoring the significant impact of the implementation of the plan in the marine environment is intended to draw on existing national and international monitoring programmes in the Baltic Sea. Further mineral extraction and wind energy is laid down in the spatial structure plan to guarantee of an environmentally-friendly as possible exercise of uses, that the effects will be examined and presented to the marine environment within the framework of a project-related monitoring, see regulations 3.2.1 (9) and (11) 3.5.1. The same applies see definition 3.3.1 (3) in case of the fate of pipelines and undersea cables after use. The plan accompanying monitoring will merge these results and evaluate.
The evaluation will also refer to the unforeseen significant impact of the implementation of the spatial plan on the marine environment, as well as on the verification of the predictions of the environmental report. In this context, the BSH is according to § 14m 4 EIA authorities there present results of monitoring request that are required to carry out the monitoring measures.
Summarized the proposed plan-related monitoring measures in the Baltic Sea can be as follows:-consolidation and analysis of project-based, carried out at the project level effect monitoring and any accompanying research.
-Evaluation of national and international monitoring programmes, in particular-federal countries measuring program (monitoring of the marine environment in the German waters of the North Sea and Baltic Sea), marine environment monitoring network of BSH "MARNET", - programmes in the context of HELCOM, - monitoring programmes within the framework of ICES, - monitoring of the conservation status of certain species and habitats referred to in article 11 Habitats directive, - management plans for the nature reserve "Bay of Pomerania" (European bird sanctuary) or the FFH areas "Fehmarn Belt", "Kadetrenden", "West Bank of Rönne" , "Eagle base", and "Pomeranian Bay with oder Bank", - environmental observation after § 6 BNatSchG, - measures to the marine strategy framework directive, - measures in the water framework directive.
First findings for the monitoring at the planning level are compensated by the standard to evaluate the effects of offshore wind farms on the marine environment (standard research concept of the BSH, StUK) on prescribed project level effect monitoring, as well as by the research funds of the Federal Ministry for environment, nature conservation and nuclear safety funded ecological accompanying research for the test field projects in the priority area for wind energy "North of Borkum" (offshore wind farm "alpha ventus" with twelve wind turbines) is the Foundation of the German economy. This wind farm was built in the year 2009 as the first offshore wind farm of in Germany. A number of measures to monitor the impact on the marine eco-system have been developed within the framework of establishing the project-specific scope for the monitoring of the effect and the development of a concept to the accompanying research for the test field projects. To monitor the implementation of the spatial plan measures are planned in addition, that help to verify on predictions of significant effects of the offshore wind energy and to adapt if necessary use strategies and proposed prevention and reduction measures or to review evaluation criteria, in particular with regard to cumulative effects.
6 Overview of coordinate and transnational lines 6.1 coordinate overview 6.1.1 shipping numbering of the shipping routes no. x coordinate y coordinate No. x-coordinate, y-coordinate 1 10 ° 29'53, 84 "E 54 ° 35'8, 644" N 22 14 ° 14'18, 49 "E 54 ° 35'01, 14" N 2 11 ° 27'08, 12 "S 54 ° 29'33, 91" N 23 14 ° 23'56, 27 "E 54 ° 33'30, 13" N 3 12 ° 58'12, 53 "E 54 ° 51'49" , 19 "N 24 14 ° 34'20, 17" E 54 ° 34'14, 70 "N 4 13 ° 02'15, 56" E 54 ° 55'07, 54 "N 25 14 ° 32'42, 48" E 54 ° 35'07, 08 "N 5 13 ° 34'06, 63" E 55 ° 01'01, 33 "N 26 14 ° 24'00, 00" S 54 ° 34'30, 00 "N 6 13 ° 47'31, 37" E 55 ° 01'07, 20 "N 27 14 ° 14'30, 00 ' E 54 ° 36'00 , 00 "N 7 13 ° 58'50, 28" E 54 ° 57'57, 60 "N 28 14 ° 16'30, 00 ' E 54 ° 40'00, 00" N 8 14 ° 01'28, 68 "E 54 ° 56'04, 02" N 29 14 ° 24'18, 00 ' E 54 ° 38'30, 00 ' N 9 13 ° 35'56, 56 "E 54 ° 51'21, 01" N 30 14 ° 26'12, 01 "E 54 ° 38'42, 00" N 10 13 ° 29'59, 05 "E 54 ° 52'37 , 69 "N 31 14 ° 24'47, 45" E 54 ° 39'33, 41 "N 11 11 ° 24'58, 16" E 54 ° 28'00, 43 "N 32 14 ° 24'46, 98 ' E 54 ° 39'27, 86" N 12 10 ° 26'34, 34 "S 54 ° 33'51, 14" N 33 14 ° 24'20, 77 "E 54 ° 39'30, 60" N 13 13 ° 42'06, 62 "E 54 ° 48'39, 85" N 34 14 ° 16'42, 35 "E 54 ° 40'58 , 76 "N 14 13 ° 46'09, 08" E 54 ° 46'44, 51 "N 35 14 ° 02'35, 45" E 54 ° 44'06, 86 "N 15 13 ° 58'18, 70" S 54 ° 39'44, 21 "N 36 13 ° 57'09, 14" E 54 ° 45'12, 13 "N 16 13 ° 59'29, 26" S 54 ° 38'07, 33 "N 37 13 ° 53'57, 16" E 54 ° 54'40, 79 "N 17 14 ° 04'39, 83" E 54 ° 26'34 , 19 "N 38 13 ° 58'39, 65" E 54 ° 55'32, 74 "N 18 14 ° 05'19, 90's 54 ° 26'33, 47" N 39 13 ° 56'31, 02 "E 54 ° 57'31, 86" N 19 14 ° 07'09, 62 "E 54 ° 26'29, 80" N 40 13 ° 54'49, 93 "E 54 ° 57'13, 03" N 20 14 ° 08'34, 40 "E 54 ° 26'26, 77" N 41 11 ° 38'39, 77 "E 54 ° 19'50 , 66 ' N 21 14 ° 04'56, 32 "E 54 ° 37'10, 88" N 42 11 ° 40'16, 46 "E 54 ° 21'54, 40" N 6.1.2 pipelines Nr. "
x coordinate y coordinate 1 12 ° 30'20, 63 "E 54 ° 42'10, 52" N 2 12 ° 28'10, 64 "E 54 ° 38'19, 06" N 3 12 ° 27'41, 68 "E 54 ° 37'53, 40" N 4 12 ° 29'15, 38 "E 54 ° 38'29, 91" N 5 12 ° 31'28, 90's 54 ° 42'27, 45 "N 6.1.3 research No. x-coordinate, y-coordinate 1 12 ° 27'00, 00" E 54 ° 40'00, 01 "N 2 12 ° 27'00 , 00 ' E 54 ° 37'37, 84 "N 3 12 ° 33'06, 78" E 54 ° 40'00, 01 "N 4 13 ° 30'00, 00" E 55 ° 00'00, 00 "N 5 13 ° 30'00, 00" E 54 ° 52'37, 61 "N 6 13 ° 33'55, 91" E 54 ° 51'57, 82 "N 7 13 ° 36'32, 22" E 54 ° 51'10, 12 "N 8 13 ° 38'31, 70" E 54 ° 50'21, 56 ' N 9 13 ° 43'29 , 83 "E 54 ° 48'00, 00" N 10 13 ° 48'00, 00 "E 54 ° 48'00, 00" N 11 13 ° 48'00, 00 "S 55 ° 00'00, 00" N 12 14 ° 01'21, 85 "E 54 ° 35'35, 82" N 13 14 ° 03'30, 94 "E 54 ° 29'42, 61" N 14 14 ° 31'00, 01 ' E 54 ° 31'59, 99 "N 15 14 ° 06'00, 00" E 54 ° 36'00, 00 "N 16 14 ° 04'30 , 27 "E 54 ° 27'00, 00" N 17 14 ° 04'39, 72 "E 54 ° 26'34, 07 ' N 18 14 ° 06'51, 98 ' E 54 ° 26'31, 60" N 19 14 ° 06'24, 25 "E 54 ° 20'06, 35" N 20 14 ° 06'43, 62 "E 54 ° 19'02, 89" N 21 14 ° 09'29, 99 "E 54 ° 18'11, 99 ' N 22 14 ° 10'01, 99" E 54 ° 15'51, 98 "N 23 14 ° 12'03 , 74 "E 54 ° 15'07, 88" N 24 14 ° 13'07, 92 "E 54 ° 11'35, 99" N 25 14 ° 20'24, 00 ' E 54 ° 11'35, 99 "N 26 14 ° 15'36, 00 ' E 54 ° 27'00, 00" N 6.1.4 wind energy No. x-coordinate, y-coordinate No. x-coordinate, y-coordinate 1 13 ° 08'57, 78 "E 55 ° 00'28, 01" N 19 13 ° 07'53, 40 "E 54 ° 58'02, 65" N 2 13 ° 09'02 , 88 "E 55 ° 00'29, 17" N 20 13 ° 07'40, 80 ' E 54 ° 58'04, 43 "N 3 13 ° 09'32, 04" E 55 ° 00'35, 72 ' N 21 13 ° 07'06, 17 "E 54 ° 58'06, 20" N 4 13 ° 13'05, 09 "E 55 ° 00'39, 33" N 22 13 ° 06'34, 67 "E 54 ° 58'02, 65" N 5 13 ° 13'14, 52 "E 55 ° 00'17, 70 ' N 23 13 ° 06'12 , 67 "E 54 ° 57'59, 09" N 6 13 ° 13'23, 99 "E 55 ° 00'03, 49" N 24 13 ° 05'43, 80 ' E 54 ° 57'52, 39 "N 7 13 ° 13'23, 99" E 54 ° 59'45, 73 "N 25 13 ° 08'38, 69" E 55 ° 00'12, 70 ' N 8 13 ° 13'11, 39 "E 54 ° 59'24, 41" N 26 14 ° 05'14, 43 "E 54 ° 52'50, 36 ' N 9 13 ° 12'39 , 90 "S 54 ° 59'19, 08" N 27 14 ° 10'13, 78 "E 54 ° 48'40, 68" N 10 13 ° 12'24, 18 "S 54 ° 59'06, 64" N 28 14 ° 11'11, 35 "E 54 ° 48'40, 67" N 11 13 ° 12'17, 88 "E 54 ° 58'52, 42" N 29 14 ° 09'54, 50 "E 54 ° 44'41, 70" N 12 13 ° 11'11, 76 "E 54 ° 58'18, 65" N 30 14 ° 06'38 , 78 "E 54 ° 44'54, 62" N 13 13 ° 10'11, 93 "E 54 ° 57'55, 54" N 31 14 ° 04'03, 84 "E 54 ° 45'48, 26" N 14 13 ° 09'59, 33 ' E 54 ° 57'55, 54 "N 32 14 ° 02'15, 38" E 54 ° 46'53, 80 "N 15 13 ° 09'37, 32" S 54 ° 58'00, 88 "N 33 14 ° 01'18, 56" E 54 ° 48'14, 19 "N 16 13 ° 09'21 , 54 "E 54 ° 58'07, 98" N 34 14 ° 01'03, 07 ' E 54 ° 49'49, 42 "N 17 13 ° 08'46, 92" E 54 ° 58'07, 98 "N 35 14 ° 01'44, 38" E 54 ° 51'06, 74 "N 18 13 ° 08'21, 70" S 54 ° 58'07, 98 "N 36 14 ° 02'51, 52" E 54 ° 52'12, 14 "N 6.2 transnational pipelines in the Baltic Sea region PDF document in its own window appears PDF document appears in its own window footnote plant No. 3.6.2 set 8 (box) italic : The "Regulation (EC) No. 2731 / 2002" should correctly read "Regulation (EC) No 2371 / 2002"