For the Preparation of Analysis of ICZM Practice in (Country/Italian Region)

COMMON OUTLINE

for the preparation of Analysis of ICZM practice in ………….. (Country/Italian region)

Background

The IPA Adriatic SHAPE project (Shaping an Holistic Approach to Protect the Adriatic Environment: between coast and sea) will promote the strengthening of the institutional capacity to preserve and manage natural and cultural resources and risks’ prevention, assuring the rational use of the Adriatic Sea and its resources and enabling to solve conflicts among different uses. This is in line with EU horizontal/vertical policies and in the frame of the IPA Adriatic programme’s strategy.

The focus of the project is on Integrated Coastal Zone Management (ICZM) and Maritime Spatial Planning (MSP). Project activities will promote the application and successful implementation of the ICZM Protocol in the Mediterranean and the Roadmap for MSP in the Adriatic region.

The strategic objective of the SHAPE project is the development of a multilevel and cross-sector governance system, based on an holistic approach and aiming to the integrated management of natural resources, risk’s prevention and the resolution of the conflicts among uses and users. Coast and sea are strategic for the well-being and prosperity of the Adriatic countries: a big value, both economic and ecological, as trade routes, climatic regulators, food and energy source, sites for residence and recreation.

The general objective is the setting-up of a multilevel and cross-sector governance system assuring the rational use of the Adriatic Sea and its resources and able to solve conflicts among different uses. Repeatable governance models will be developed. In line with the European strategies, the focus is on Integrated Coastal Zone Management and Maritime Spatial Planning. The ICZM Protocol in the Mediterranean and the Roadmap for MSP are the main reference and their application in the Adriatic region will be tested. Croatian, Italian, Slovenian and Montenegrin Governments have signed the ICZM Protocol. It entered into force 24 March 2011. The SHAPE project will help its better understanding and successful implementation.

Facilitating the implementation of ICZM Protocol (WP3)

The Adriatic coastal zone is an area of intense activity, an area of interchange within and between physical, biological, social, cultural and economic processes. Managing such complex systems requires an integrated approach capable of bringing together the multiple, interwoven, overlapping interests of the coastal area in a co-ordinated and rational manner, harnessing coastal resources for optimum social and economic benefit for present and future generations without prejudicing the resource base itself, and maintaining the good environmental status. ICZM is a process of achieving such goals and objectives of sustainable development in coastal areas.

The most important activity within WP3 for PAP/RAC is to provide its expertise and know-how in implementing the ICZM framework. Also, it will help Adriatic countries in explaining the contents of this international legal instrument; it will demonstrate the framework within the governance structure that needs to be in place for the Protocol implementation; and it will provide capacity building for the partners, enabling them to take to lead and transfer the knowledge gained in the future process of (their countries') ICZM Protocol ratification and implementation.

The five specific actions are detailed out in WP3 to fulfil the above goals.

Introduction to Action 3.1

The Action 3.1 is the introductory one but very important as it will set the background for all other specific activities in WP3 but also in other WPs. It is structured along the following tasks:

Task 1: Analysis of the existing national legislation and its comparison with the ICZM Protocol requirements

Task 2: Analysis of the current practice on the protection of coastal areas in the Adriatic, in particular with regard to setback line

Task 3: Analysis of existing governance structures for ICZM at various levels of decision making

Task 4: Propose solutions for the national Protocol implementation

The main output of these tasks is to prepare the Output 2: Analysis on ICZM Practice within the Region to which all Shape partners contribute. PAP/RAC with this common outline that will assist countries/Italian regions to provide consistent and comparable reports, as well with the overall coordination of this activity. Partners (Emilia – Romagna, Veneto, Friuli Venezia Giulia, Marche, Apulia and Abruzzo Regions, ARPA Molise, Regional Development Centre Koper, Istrian County, Hercegovina Neretva County, P.E. for CZM Montenegro and ECAT, Tirana) will prepare analysis of ICZM practice as presented below.

Links to other Actions in WP3

As already mentioned above, this Report will serve as a basis for the work on the pilot projects on the definition of setback line (Action 3.2); to understand the need for and the content of ICZM Strategy (Action 3.3); and to propose establishment/upgrading of appropriate governance structures (Action 3.4). However, there are very close links to other WPs, as well.

In sum, each country/Italian regions will prepare its analysis following this common outline. These analysis should highlight its' country's (region's) specificities with regard to ICZM (in particular set back lines), including analysis of the current coastal management practice, existing national legislation, and governance structure. Also, it will include identification of opportunities and possible obstacles for the implementation of ICZM Protocol, as well as propose solutions for the Protocol implementation.

Deadlines:

Draft: 15 January 2012

Final Reports by partners: 28 February 2012

References

There are a couple of references available at PAP/RAC as sources of related information to elaborate this report and it is suggested to take them into account:

1. UNEP/MAP. (2008), Protocol on Integrated Coastal Zone Management in the Mediterranean. Athens, 2008. p. 20.
2. PAP/RAC. 2008. State of the Art of Coastal and Maritime Planning in the Adriatic Region: Synthesis Report. Split: PAP/RAC. pp ii + 58.
3. PAP/RAC. 2007. National Report on Current Policy, Procedures, Legal Basis and Practice of Marine Spatial Planning in Emilia-Romagna Region, Italy. Split: PAP/RAC. pp 34.
4. PAP/RAC. 2007. National Report on Current Policy, Procedures, Legal Basis and Practice of Marine Spatial Planning in Montenegro. Split: PAP/RAC. pp 34.
5. PAP/RAC. 2007. National Report on Current Policy, Procedures, Legal Basis and Practice of Marine Spatial Planning in Slovenia. Split: PAP/RAC. pp 34.
6. PAP/RAC. 2007. National Report on Current Policy, Procedures, Legal Basis and Practice of Marine Spatial Planning in Albania. Split: PAP/RAC. pp 34.

1. PAP/RAC. 2007. National Report on Current Policy, Procedures, Legal Basis and Practice of Marine Spatial Planning in Bosnia and Herzegovina. Split: PAP/RAC. pp 34.
2. Results of the country reports on the stocktaking on ICZM (available at request to PAP/RAC)

All the above documents except the one under 8 are available at PAP/RAC web site: (under Protocol or Activities/Other initiatives/PlanCoast

CONTENT

The aim of this report is thus to analyse to what extent the country’s/Italian region’s legal system complies with the provisions of this regional legal instrument. The report will thereby enable the relevant authorities to identify the legal reforms needed in order to comply with the Protocol legal requirements.

This analysis of the compliance of the national/regional law with the provisions of the Protocol is proposed not to be conducted article by article, but rather according to the analytical reconstruction of the text into the four mayor components; sectoral policies, governance, planning and cooperation.

For each element description first, of the legal coverage of each provision should be given , i.e. in which laws, decrees, by laws etc. there is an obligation to act in a way requested by the Protocol. And second, provide information on how these obligations are implemented in practice, i.e. current practice (are there any gaps, need to improve implementation etc).

A particular attention should be given to the following two Sections, namely:

Section I Chapter 1 Preserving biodiversity is related to Task 2 Analysis of the current practice on the protection of coastal areas in the Adriatic with the focus on setback zone (Article 8) in 3.3; and

Section II Governance methods for coastal zones should provide an analysis of existing governance structures for ICZM at various levels of decision making.

A more detailed instructions are provided in Annex 1.

The Outline for the report integrates all four tasks into one overall report. This should have the following structure and content:

Analysis of ICZM practice in ………….. (Country/Italian region)

INTRODUCTION

SECTION I: SECTORAL POLICIES IN EFFECT IN COASTAL ZONES

1. Preserving biodiversity

1.1 General principles

1.1.1 Preserving biodiversity

1.1.2 Preserving cultural heritage

1.1.3 Preserving landscapes

1.2 Preserving vulnerable ecosystems

1.2.1 Ecosystems covered by the Protocol

1.2.2 Protection “outside specially protected areas”

1.3 Knowledge of ecosystems

1.4 Land management

2 Managing coastal activities

2.1 Reconciling coastal activities and preservation of ecosystems

2.1.1 General principles applicable to all coastal activities

2.1.2 Specific tools to be implemented

2.2 Regulating specific activities

3 Addressing risks

3.1 Integrating the “risk” element in coastal policies

3.2 Tools for this integration

3.3 Setback zone

SECTION II: GOVERNANCE METHODS FOR COASTAL ZONES

1. Consolidating integration mechanisms

1.1 Spatial integration

1.2 Intersectoral integration

1.3 Institutional integration and governance structures

1.4 Science-management integration

1.5 International integration

2. Information, participation and the right to legal recourse

2.1 Information

2.1.1 Beneficiaries of information

2.1.2 Scope of information

2.2 Participation

2.2.1 Principle of participation

2.2.2 Beneficiaries of participation

2.2.3 Scope of participation

2.3 The right to legal recourse

SECTION III: STRATEGIC PLANNING IN COASTAL ZONES

1. National ICZM strategy

1.1 General objective: formulating or strengthening national ICZM strategy

1.2 Content of the strategy

1.3 Formulation procedure

2. Coastal plans and programmes as tools for implementing national strategies

2.1. Form of coastal plans and programmes

2.2 Formulation procedure

SECTION IV: REGIONAL COOPERATION

1. Principle of cooperation

1.1 Obligation to cooperate

1.2 Special instruments for cooperation

2. Fields of regional cooperation

2.1 Cooperation on strategic planning in the region

2.2 Cooperation in certain specific fields

CONCLUSIONS

1.Summary of the findings from the legal compliance analysis and the current practice. It is suggested to have two separate sub-chapters.

i) Summarise on those provisions that are not yet covered by legislation in the country so to comply with the ICZM Protocol.

ii) Summarise on the main findings of the analysis of the current practice, i.e. implementation of ICZM (provisions as elaborated above) in practice. What works what does not work, where are the gaps, etc.

2.Proposals of solutions for the Protocol implementation:

i) Propose concrete solutions with regard the legal compliance with the Protocol. What should be done to comply with the Protocol.

ii) How should the implementation in practice be improved.