Gesamtplanerische Abstimmung zu Wasser – Rechtslage und Rechtsentwicklung

Abstract

New forms of using the sea (e.g. offshore wind power, cable laying, tourism, offshore mining), and the corresponding concern for environmental protection, have considerably increased the necessity for an early and balanced co-ordination of conflicting interests. The resulting conflicts need to be regulated and controlled by law, particularly through the application of prospective planning instruments (maritime spatial and regional planning). It should be noted that, compared to the coastal zone, the scope of sea use and environmental protection requirements comprised by maritime spatial planning in the exclusive economic zone (EEZ) is restricted by international law which does not, however, question the specifics of maritime spatial planning in the EEZ. The necessity to take action in respect of this subject matter was recognized by the German legislator and accommodated by means of the Raumordnungsgesetz (ROG) as early as in 2004; it will also be dealt with in the amendment of the ROG. The allocation of competences in maritime spatial planning in the EEZ remains a matter of dispute, since the federal reform of 2006 (Föderalismusreform 2006) did not clarify this matter at all. Moreover, legal issues regarding the Raumordnungsplan for the German EEZ, which currently is in the process of formation, have yet to be dealt with. In spite of such problems, the activity is of considerable significance for the co-ordination of sea use and protection. Beyond that, it signifies a substantial step towards a “maritime infrastructure law“.