Marine Environmental Regulation (2010:1341)

Original Language Title: Havsmiljöförordning (2010:1341)

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2010:1341

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).