section 1 of this Regulation shall apply to the management of the quality of
marine environment (marine environmental management). The regulation is included in the
strategy for an ecosystem-based management approach and a sustainable
use of the marine environment referred to in the EU-directive on
marine environmental policy. The regulation aims to maintain
or achieve good environmental status in the marine environment.
The regulation is notified
1. on the basis of Chapter 5. section 1 the Environment Act in terms of section 20,
2. on the basis of Chapter 5. section 7 of the Environment Act in terms of sections 24 to 28, and
3. Moreover, pursuant to Chapter 8. section 7 of the Constitution.
Regulation (2012:373).
Definitions
paragraph 2 of this regulation,
habitats directive: Council Directive 92/43/EEC of 21
May 1992 on the conservation of natural habitats and of wild fauna and
plants, as last amended by Directive 2006/105/EC,
waste directive: Council Directive 91/271/EEC of 21 may
1991 concerning urban waste-water treatment, as last
amended by Regulation (EC) No 1137/2008
the bathing water directive: European Parliament and Council directive
2006/7/EC of 15 February 2006 concerning the management of
bathing water quality and repealing Directive 76/160/EEC,
amended by Regulation (EC) no 596/2009,
the directive on priority substances: European Parliament and Council
Directive 2008/105/EC of 16 december 2008 on the
environmental quality standards in the field of water policy and amending
and subsequently repealing Council Directive 82/176/EEC, 83/513/EEC,
84/156/EEC, 84/491/EEC and 86/280/EEC,
and amending European Parliament and Council directive
2000/60/EC,
the birds directive: European Parliament and Council directive
2009/147/EC of 30 november 2009 on the conservation of wild
birds,
marine conventions: the Convention on the protection of the Baltic Sea area
marine environment (SUN, 1996:22) and the Convention for the protection of the
marine environment of the North-East Atlantic (SUN 1994:25),
marine environment directive: European Parliament and Council directive
2008/56/EC of 17 June 2008 establishing a framework for
Community action in the field of marine environmental policy
(Marine strategy framework directive),
Commission decision establishing criteria and methodological standards:
Commission decision 2010/477/EU of 1 september 2010
criteria and methodological standards of good environmental status in the marine
water, and
water environmental directive: European Parliament and Council directive
2000/60/EC of 23 October 2000 establishing a framework for
Community action in the field of water policy, as last amended
Directive 2009/31/EC.
Regulation (2012:373).
section 3 of this regulation,
transitional waters: surface water in the vicinity of river mouths
which are partly saline in character as a result of
their proximity to coastal waters but which are substantially
influenced by freshwater flows,
coastal water: water from the coast to the line
as at every point of which is a nautical mile beyond the
base line referred to in the Act (1966:374)
territorial waters, if the water is not groundwater or
transitional waters,
Sea area: water and seabed with underlying
soil layers found in coastal waters and in the areas
visit the sea outside the line at each point
is a nautical mile beyond the base line referred to
the Act on Sweden's territorial waters, and
North Sea: North Sea and Kattegat.
4 section With environmental permit under this regulation the environmental
permit in a sea area with regard to
1. ecosystem structure, function and processes,
2. natural physiographic, geographic, biological,
geological and climatic factors, and
3. physical, acoustic and chemical conditions that are
a) natural, or
b) affected by human activities inside or outside the
area concerned. Regulation (2013:770).
section 5 of the environmental quality standard and action programmes referred to in
This regulation is the same as in Chapter 5. the environmental code.
Management areas
section 6 of the environmental administration, Sweden's sea areas
is divided into two administrative areas of the North Sea and
The Baltic Sea.
section 7 of the marine and water may provide for
such boundaries of areas of the North Sea and the Baltic Sea
that is appropriate with respect to marine environmental management.
Regulation (2011:641).
Responsible authority
section 8 of the marine and water is the authority in accordance with
Article 7 of the directive for the marine environment shall be responsible for the
marine environmental management referred to in this regulation.
Regulation (2011:641).
Management periods
section 9 of the marine environmental management should be carried out in the six-year
management periods where one in every period for a
Sea area
1. make an initial assessment of the State of the environment,
2. establishes the characteristics of good environmental status,
3. develop environmental quality standards with the indicators
will be used to assess whether the good environmental status
maintained or accessed,
4. develop and implement a program for the monitoring of
the environmental quality standards are being met, and
5. develop and implement a program for the measures
should be taken to maintain or attain a good
environmental status.
Consultation and collaboration
10 § marine and water authority to plan its work
in accordance with this regulation so that it enables and encourages
to the participation of all those involved in marine environmental management.
Marine and water should consult relevant
authorities and municipalities, as well as with organizations,
operators and other individuals before the authority
1. complete an initial assessment under section 9 (1),
2. Decides to provide for what that characterize
a good environmental status, in accordance with section 9 (2) or other
environmental quality standards in accordance with § 9 3,
3. Decides that a monitoring programme according to section 9 (4) or a
action programmes pursuant to article 9 of the 5, and
4. decide on other matters of great importance under this
Regulation. Regulation (2011:641).
section 11 of the Sea and the water authority and the other authorities
under the Government responsible for matters relevant to the
the marine environment should work together for an effective marine environmental management.
About marine and water authority requests it, the other
authorities submit evidence that they have and that maritime and
the water authority requires to carry out its tasks
According to this regulation. However, this does not apply to University
and high schools. Regulation (2011:641).
section 12 If a question concerns an area covered by Sea-
and water management of the authority under this regulation and
a water management authorities under the Regulation (2004:660)
on the management of the quality of the aquatic environment,
authorities cooperate and help each other so that the efforts
be distributed in the manner that is appropriate to
the authorities ' different competences and effective marine and
water environmental management. Regulation (2011:641).
Initial assessment
paragraph 13 of the Sea and the water authority shall ensure that a
initial assessment of the marine environment in the North Sea and the Baltic Sea.
The assessment should aim to provide a comprehensive picture of
marine environment and form the basis for the
management referred to in paragraph 2 to 5. The assessment shall include a
1. analysis of the sea area's basic properties, and
conditions,
2. analysis of the current state of the environment in the maritime area,
3. analysis of the main qualitative and quantitative
factors, significant trends and human activities
affect the State of the environment in the maritime area, and
4. Economic and social analysis of the use of sea area
as well as the costs that a deterioration of the Sea environments
causes. Regulation (2013:770).
section 14 of the analysis under section 13 (1) and (2) shall include the physical-
chemical conditions, different types of habitats,
biological conditions and hydromorphology. The analysis shall
based on the factors set out in table 1 of the annex
(III) to the marine environment directive.
section 15 analysis under section 13 (3),
1. based on the factors in terms of load and
impacts set out in table 2 of annex III to
marine environment directive,
2. cover the main cumulative and synergetic
effects, and
3. take into account the assessments that have been made in accordance with
other relevant EU legislation.
section 16 analysis under section 13,
1. to take into account such factors as in the case of water in
transitional waters, coastal waters and territorial waters covered by
water environmental directive or other relevant EU
legislation, and
2. take into account and, if possible, based on the
other relevant assessments that have been made within the framework of the
the regional sea conventions or other
international agreements.
Good environmental status
section 17 of the marine environmental management under section 9 to mean that a
good environmental status is maintained or accessed in the North Sea and
The Baltic Sea.
The first paragraph is an environmental quality standard referred to in Chapter 5. section 2 of the
4 the first paragraph of the environmental code.
section 18 marine and water, with the support of
quality described in annex I of the sea directive
and Commission decision establishing criteria and methodological standards to beat
though the characteristics of good environmental status in the North Sea and
Baltic Sea, taking into account the
1. physical-chemical conditions, habitats, biological
conditions and hydromorphology and other relevant
conditions set out in table 1 of annex III to
marine environment directive, and
2. the factors in terms of impact and influence as set out in
table 2 of annex III to the marine environment directive.
Regulation (2012:373).
section 19 of marine and water authority for the North Sea and
The Baltic Sea take environmental quality standards with indicators
referred to in paragraph 3. Standards shall
1. be developed taking into account the factors of stress
and impacts set out in table 2 of annex III to
marine environment directive and the fundamental conditions that
set out in annex IV to the directive for the marine environment,
2. be in conformity with other relevant quality requirements for
Sea area,
3. to the extent possible contribute to the significant
and negative cross-border effects can be prevented,
4. in the case of coastal waters, only include those aspects of
coastal water quality, which are not covered by
water environmental directive or other relevant EU legislation,
and
5. mean that good environmental status can be reached.
Regulation (2011:641).
section 20 Sea and water authority may notify such
rules referred to in paragraphs 18 and 19 (EQs).
For each environmental quality standard as marine and water
notifies the authority shall specify the type of norm it is according to the
Chapter 5. 2(1) the environmental code. Regulation (2011:641).
Monitoring programmes
paragraph 21 of the Sea and the water authority shall ensure that, for each
and one of the sea areas of the North Sea and the Baltic will have to be developed in a
application for continuous monitoring of the State of the environment. Marine and
the water authority shall establish monitoring programmes and see
to their implementation. Regulation (2011:641).
section 22 of the monitoring programmes shall
1. based on the conditions and factors referred to in
Annex III and the list in annex V to
marine environment directive,
2. be based on and be consistent with assessments and
monitoring is carried out according to the provisions on the protection of
areas that implement the birds directive, art and
the habitats directive and other relevant EU legislation or
relevant international agreements,
3. take into account the cross-border effects, and
4. refer to the environmental quality standards have been issued
by virtue of section 20.
section 23 in respect of the implementation of monitoring programmes, marine and
the water authority shall cooperate with the environmental protection agency, other
authorities, municipalities, organisations and the other on the way
and to the extent that marine and water authority finds
appropriate. Regulation (2011:641).
Action program
section 24 of the sea and the water authority shall, for each of
sea areas of the North Sea and the Baltic Sea to establish draft
application of the measures which need to be taken to comply with the
environmental quality standards that have been issued under section 20.
Measures should be cost-effective and technologically
feasible. Regulation (2011:641).
section 25 of the action programmes shall
1. take into consideration the types of measures listed in
Annex VI to the directive, marine environment
2. comply with provisions concerning the protection of waters
implementing the water directive, the waste directive,
the bathing water directive and the directive on priority substances,
other relevant EU legislation or relevant
international agreements,
3. comply with provisions on the protection of the areas and
species which implement the birds directive, art and
the habitats directive, regional sea conventions or other
international agreements,
4. take into account the social and economic measures
effects and sustainable development,
5. taking into account the transboundary effects of the measures
in order to reduce the risk of a negative impact on other
management areas and, if possible, positively affect
such areas,
6. specify the measures to be implemented and how they contribute
to comply with the environmental quality standards have been issued
by virtue of section 20,
7. include such impact assessment referred to in
Chapter 5. the second subparagraph of paragraph 6 of the environmental code, and
8. include an assessment of the economic, as well as the
environmental consequences of each action with a
quantification of the costs and benefits.
section 26 of the consultation referred to in Chapter 5. the third subparagraph of paragraph 4 of the environmental code
on the proposal for a programme of action to the marine and
the water authority shall ensure that
1. the proclamation of the proposal provides an indication of where
the documents are available, as well as the time within which and to
who comments to be provided,
2. the proposal is made available to the public at the authority
and with provincial governments and municipalities in the area
the program includes, and
3. the consultations carried out in good time so that, after consultation with the times
output is a reasonable period of time for such a review as referred to in
section 27. Regulation (2011:641).
section 27 of the marine and water will give the Government the opportunity
to consider a draft programme of action, if
1. This is another common interest of extreme weight than a
such as referred to in Chapter 1. section 1 of the Swedish environmental code, or
2. another authority or a municipality at the latest at the time of consultation
output has asked that the Government be given the opportunity to examine
the proposal on the grounds that it
a) is not compatible with the Agency's or municipality's
activities or for any other reason is not reasonable for
authority or municipality, or
b) seriously deviate from the rules on
marine environmental management in this regulation or in the
marine environment directive.
If it has made a request under the first subparagraph 2, shall
Marine and water hand it over to the Government
no later than one week after the consultation period.
Regulation (2011:641).
section 28 of the After the consultation referred to in section 26, and the possible
review under section 27, marine and water
1. determine the action programme,
2. make the application available to the public at
authority and with provincial governments and municipalities in the
area the program covers, and
3. in the local newspaper proclaiming a message that the program
have been established and where it is available.
Regulation (2011:641).
Exception
section 29 in a sea area will receive exemptions from the requirement of section 17,
about marine and water authority finds that it is not possible
to achieve good environmental status by means of a programme of action and
This is due to the
1. an action or lack of action as a different State
responsible for,
2. natural causes, or other causes that are exceptional
and which could not reasonably have been foreseen or prevented,
3. changes of sea area's physical conditions, which is a
as a result of actions taken because of an overriding
public interest is of such importance that it outweighs the negative
transboundary effects or other negative impact on
the State of the environment, or
4. natural conditions which do not allow a rapid
improvement.
Exemption under the first paragraph may be undertaken only in the
respects that depends on there being an obstacle in accordance with 1, 2, 3
or 4.
Exemption under the first subparagraph 3 shall not permanently
prevent or undermine that good environmental status is reached in the North Sea or
The Baltic Sea or in other sea areas of the European Union.
Regulation (2011:641).
30 § If there are conditions for exemption pursuant to section 29,
to marine and water
1. decide on the specific measures to be taken and which
a) means a continued effort to achieve ' good environmental status ',
b) prevents significant adverse transboundary effects,
and
c) in the cases referred to in section 29, first paragraph 2 or 3,
prevent the State of the environment in the sea area or other
sea areas within the European Union,
2. describe the exemption and the reasons for the
decided specific measures,
3. present exclusion situation and the specific measures
cross-border effects,
4. in the action plan that applies to the maritime area integration
the reasons and the report referred to in the first subparagraph 2 and 3 and,
If possible, the specific measures, and
5. ensure that the specific measures to be taken.
Regulation (2011:641).
section 31, Despite what is said in this regulation if
marine environmental management, marine and water during
each management period referred to in section 9 shall decide that only
the initial assessment according to § 9 1 shall be made, if
1. There is no significant risk to the marine environment, or
2. the costs of the activities would not be proportionate
the risks to the marine environment, and there is no
further deterioration of the marine environment.
An exemption decision pursuant to the first subparagraph shall be included in the
action programmes applicable to the maritime area.
Regulation (2011:641).
Information to the public
32 § except as permitted by section 28, marine and
the water authority in an appropriate manner, inform the public about
1. the preliminary assessments under section 13,
2. According to section 18 of the characteristics of good environmental status,
3. environmental quality standards issued under section 20,
4. monitoring programmes as referred to in section 21, and
5. the protected areas referred to in section 3.
Regulation (2011:641).
Environmental impact assessments
33 § Provisions on environmental impact assessment and
other decision-making information, see Chapter 6. the environmental code.
International marine environmental management
34 § marine and water authority will ensure that
marine environmental management under section 9 are coherent and
coordinated with the marine environmental management in the North Sea and
The Baltic Sea, which is implemented by the other Member States of the European
Union. If appropriate, the Administration also coordinated
with the work within the framework of regional sea conventions.
Regulation (2011:641).
35 § marine and water authority shall participate in the work
the Government conducts in the European Union and
internationally, and in the process seem to
marine environmental management in the North Sea and the Baltic Sea also coordinated
with countries outside the European Union. If it is possible,
coordination include programmes and activities arising from the
regional conventions and other international agreements.
Regulation (2011:641).
36 § if necessary to meet the obligations under
This regulation or to implement the marine strategy directive,
Marine and water shall participate in the work
the Government conducts in the European Union and in the work
promote cooperation and coordination with countries in the
The European Union which do not carry out any
marine environmental management in the North Sea or the Baltic Sea but is in
The North Sea or the Baltic Sea catchment areas. Cooperation and
coordination should be based on the cooperation structures referred to in
marine environment directive or water environmental directive.
Regulation (2011:641).
37 section Of marine and water in the process of
action programs concludes that a human activity likely
will have significant cross-border effects in terms of
protection of such areas as referred to in section 3 or other
significant cross-border effects in the North Sea or
The Baltic Sea, the authority by participating in the work of
the Government conducts in the European Union and
internationally, collaborate with the authorities
the corresponding figures in other interested States or with the
the international organization concerned.
The cooperation shall be carried out in order to take the necessary measures
in order to achieve good environmental status in the marine areas and
in order to maintain or restore ecosystem protection,
structure and function. Regulation (2011:641).
section 38 About an issue that affects the State of the environment in the North Sea
or the Baltic Sea cannot be solved by action under a
action programmes, or whether the problem is related to other
Union policies or an international agreement, maritime and
the water authority will inform the Government about this and to
the Government provide such evidence or such
recommendations referred to in article 15(1) of
marine environment directive. Regulation (2011:641).
Reporting
39 § marine and water authority shall perform the duties of the
information and reporting to the European
the Commission arising from the marine environment directive.
Marine and water, in participation in the work
the Government conducts in the European Union and
internationally, perform the tasks in relation to information
and reporting to the other Member States of the European Union
and competent bodies under the regional
marine conventions and other international agreements as follows
of the marine environment directive. Regulation (2011:641).
Transitional provisions
2010:1341
1. this Regulation shall enter into force on 28 december 2010.
2. The first administrative period referred to in section 9 shall be
completed by the end of 2016, and
(a)) by 15 July 2012 will be a first initial
assessment under section 9 (1) be implemented, what
characteristics of good environmental status, in accordance with section 9 (2) of the first
time have been established and the environmental quality standards with
indicators referred to in paragraph 3 for the first time have been
forward,
(b)) by the end of 2013, for the first time have
informed the public about protected areas according to § 32 5,
c) by 15 July 2014 to a monitoring programme
referred to in paragraph 4 for the first time have been developed and begun
be carried out,
d) by the end of 2015, an action programme
referred to in paragraph 5, for the first time have been developed, and
(e)) by the end of 2016, the programme of action
referred to in (d) have begun to be implemented.
3. In the administrative period referred to in section 9 shall
initial assessment, what characterizes a good
State of the environment, the environmental quality standards with indicators,
information on protected areas, the monitoring programme
and the action programme will be updated so that they are current
and, in the case of updated software, started to be implemented
last modified on the date that is six years after the
date referred to in point 2. In the subsequent
administrative periods to update be made within six years
from the time of the last update would have been
made.
4. the requirement of good environmental status in section 17 shall be met
by the end of 2020. If good environmental status has been reached
in the North Sea or the Baltic Sea by the end of 2020, the
good environmental status shall be maintained.
5. About marine and water authority finds that, due to
a natural relationship, it is not possible to improve
the marine environment so that good environmental status in a marine region reached last
by the end of 2020, the good environmental status, although point 4 is reached
at a later date in the respects that depends on it
natural relationship. Regulation (2011:641).