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MSP in general Ministry of Regional Development, Public Administration and European Funds Directorate General for Regional Development and Infrastructure Diana Tenea, Manager de project MARSPLAN Phone: 0372 114 599; E-mail: [email protected] Web: http://www.mdrap.ro/ Contact person: Bogdan Andrei Ghinea Street: 17, Apolodor, North Wing, Sector 5, Bucharest Phone: 0040 372 114 519, 0040 752 196 153 Ministry of Waters and Forests National Committee of Coastal Zone Department for Water, Resources Management (DWRM) Director: Gheorghe Constantin Street: Calea Plevnei, 46-48, Bucharest Phone: 004 021.316.61.56. E-mail: [email protected] Web: http://apepaduri.gov.ro/ Ministry of Transports Commission of Integrated Maritime Policy Inter-ministerial committee for coordination of EU's Integrated Maritime Policy Secretariat - DGSMAE and DN (Memorandum nr.20/9709/2009) Contact person: Violanda Alayan Street: Bulevardul Dinicu Golescu 38, 010873, Sector 1, Bucharest, Romania Phone: 021.319.61.24, fax - 021.313.88.69 National Institute for Marine Research and Development "Grigore Antipa" Dr.ing. Mihaela Laurenta ALEXANDROV Bul.Mamaia 300 Constanta 900581 Phone +40 241 543288
Disclaimer The information contained in this document does not represent the official view of the European Commission. It has been prepared for informational purposes only, and should not be considered legally binding in any nature. The illustrative map shown on the cover and on page 1 should not be interpreted as a legal representation of jurisdictional boundaries.
Verification Date This document has been verified by the responsible MSP authority (or representative) of Romania on 05.06.2018.
Funding attribution The EU MSP Platform is financed by the EU Commission under the EMFF. The EU MSP Platform is a result of the 'MSP Assistance Mechanism' implemented by EASME on behalf of DG MARE.
European MSP Platform Consortium Contractors
with Thetis, University of Liverpool, and NIMRD
MSP Country Information Profile Romania – June 2018 1
Background Information
Basic facts on Marine Waters
• Coastal lines length: 245 km2 • Size of internal waters (to the baseline) and territorial sea (12-nm zone from the baseline) approximately
4,084 km2
o Inland waters (coastal line to base line) - 766 km2 o Territorial sea waters (base line to 12 NM) - 3202 km2
• Contiguous zone (12-nm zone from the territorial sea) approximately 3,202 km2
• Exclusive Economic Zone (EEZ) about 22486 km2
• 8 maritime boundaries
• EEZ and Territorial Sea between Bulgaria and Ukraine was agreed in 2009 after referring it to the International Court of Justice.
• EEZ and Territorial Sea between Bulgaria and Romania was not yet established • In 9 February 2009 the Decision of the International Court of Justice (The Hague) for the Black Sea maritime
boundary nomination was emitted. In accordance with the document regarding the coordinates of border delimitation between Russia and Ukraine it is define also the EEZ of Romania.
2 MSP Country Information Profile Romania – June 2018
Map: Integrated thematical map showing coastal line, offshore oil platforms, gas and oil pipelines, navigation routes, Protected Areas according to the Birds and Habitats Directives, designated areas for molluscs, fisheries areas for fixed tools, and local fisheries points. 2016
Maritime Spatial Planning (MSP) authorities and legislation
General
Romania transposed the Directive 2014/89/EU of the European Parliament and the Council of 23 July 2014 regarding Maritime Spatial Planning and started to implement MSP. The Directive was transposed through:
- Government Ordinance no. 18/2016 on Maritime Spatial Planning, approved by Law no. 88/2017;
- Government Decision no. 406/2017 for the approval of the Regulation on the organization, functioning and nominal composition of the Maritime Spatial Planning Committee;
- Government Decision for the approval of the Methodology for the elaboration of the Maritime Spatial Plan (approved by the Government, to be published in the Official Gazette to take effect).
In general, most regulatory controls at sea are operated by or through central and local government authorities. The Romanian Government governs the EEZ.
Planning on national level
The MSP Romanian National Authority started to prepare MSP Data Base and the first draft of national maritime plan under MARSPLAN BS Project, as an exercise in the present geographical coordinates, starting with a transboundary plan between Romania and Bulgaria (Shabla-Mangalia sector).
National MSP authority
• Since 2015, the Ministry of Regional Development and Public Administration, has taken the responsibility as the Competent Authority to prepare the MSP national legislation and rules, nomination of MSP authorities and MSP Directive implementation. The National MSP Authority was nominated in the frame of this ministry in 2016.
• National ministries’ and authorities’ representatives nominated with attributes for the MSP law elaboration and implementation:
1) Ministry of Regional Development and Public Administration with territorial planning responsibility and infrastructure
MSP Country Information Profile Romania – June 2018 3
2) Ministry of Economy, Direction of industry policy and energy transport
3) Ministry of Business, Commerce and Entrepreneurship
4) Ministry of Transports (including the Commission of Integrated Maritime Policy CISE
Commission)
5) Ministry of Environment, (coordinating National Committee of Coastal Zone), Direction of green economy,
climate changes and sustainable development
6) Ministry of Water and Forests, Direction of Water Resources
7) Ministry of Agriculture and Rural Development
8) Ministry of Foreign Affairs
9) Ministry of Internal Affairs
10) Ministry of National Defence
11) Ministry of Culture and National Identity
12) Ministry of Energy
13) Ministry of Communication and Information Society
14) Ministry of Research and Innovation
15) Ministry of Tourism
16) National Agency for Mineral Resources
Danube Delta Biosphere Reserve Administration
17) Romanian Naval Authority
18) National Agency for Fishing and Aquaculture
19) National Agency for Environment Protection
20) National Institute for Marine Research and Development Grigore Antipa, Constanta
21) Danube Delta National Institute for Research and Development, Tulcea
22) National Administration “Romanian Waters”
23) National Company Maritime Ports Administration – S.A.Constanta
24) Competent Authority for regulation the offshore oil operations in the Black Sea
Planning on regional level
• One regional plan that covered the 12nm zone was prepared during the PlanCoast project, permanently improved, during MSP projects which followed. It was a first plan draft considered as exercise.
Regional MSP authority
• MSP Authority is nominated under The Ministry of Regional Development and Public Administration, General Directorate for Regional Development and Infrastructure.
Planning on local level
• Minimum 4 local and municipal plans in draft, not yet official. They are regional, local and independent.
• Maps belonging to Marine Hydrographic Direction (national level) have also to be mentioned
One experimental transboundary plan was elaborated between Romania and Bulgaria under MARSPLAN BS Project. Also, thematical and integrated maps resulted (http://www.marsplan.ro/en/results/common-strategic-framework-for-msp.html)
Local MSP authority
4 MSP Country Information Profile Romania – June 2018
• Local authorities with responsibilities in territorial planning supported the general and zonal plans
Details
MSP is now reflected in the current political legislation (General, pg.3):
- Government Ordinance no. 18/2016 on Maritime Spatial Planning, approved by Law no. 88/2017;
- Government Decision no. 406/2017 for the approval of the Regulation on the organization, functioning and nominal composition of the Maritime Spatial Planning Committee;
- Government Decision for the approval of the Methodology for the elaboration of the Maritime Spatial Plan (approved by the Government, to be published in the Official Gazette to take effect).
Progress
Existing uses and pollution hotspots were mapped since 2007 to develop a Maritime Spatial Plan under the PlanCoast project (www.plancoast.eu), when MSP was considered a tool for ICZM and sustainable development. Until 2012 no legal or regulatory framework to allow either maritime spatial planning or the relevant institutions to deal with maritime spatial planning procedures was in place.i
Some projects related to marine research, including maritime spatial planning have been performed in Romania and the most important were: NIMRD Constanta (PlanCoast, COCONET, ICZM, CEMAR-NUCLEU), by URBAN-INCERC (Fundamental research for the Spatial Development Strategy Romania 2030, Zoning Plan Black Sea Coastal Area, Common Territorial Planning Methodology for Romanian-Bulgarian Cross border Area). Others were performed by Maritime University Constanta (EsTADOR), “Ovidius University Constanta (MARSEA), NIRD GeoEcoMar (regarding hazards and underwater heritage) and NIRD Danube Delta (PEGASO).
One general and four sectoral are almost ready to become official or based on these projects results.
Overview of MSP-related uses and issues • The Black Sea is one of the main EU Eastern gates, a junction between Europe, Central Asia and the Middle
East. It is an important transport and energy hub, a crossroad of different cultures, and a region with political, social and economic fragmentation.
• The Romanian Coast is under pressure from seasonal increasing population density, urbanization, marine transport, coastal erosion, pollution. For future is predicted oil exploiting from the Black Sea.
• Tourism industry and unplanned urbanization have had negative effects by depreciation of the natural landscape, water quality, sandy dunes natural reserves, vegetation and marine ecosystem.
• • The main activities registered on the sea space, are: o Ports and shipping o Port and underwater construction o Mining Industry: sand extraction
• Military and defense activities: land-sea firing
• Concerns: nature protection and recreation under the Habitats Directive
• Future uses: Increasing interest as energy hub.
• The main pressures from the coast come from: o Agriculture and Food Products Industry o Existing tourist ports expand and upgrading: dredging activities o Shipbuilding o Manufacturing Industry o Petrochemical industry, refineries o Oil Plants activities o Nuclear Energy Industry o Windmills power plants installing only on the coast o Airport and air transport functioning and improving o Manufacturing Industry o Food Products Industry o Steel processing Industry
MSP Country Information Profile Romania – June 2018 5
Map: The Romanian coastal zone main activities: tourism resorts, harbors, aquaculture. 2017
The plan is to mitigate all aspects linked with risks, vulnerabilities, and concerns by a good management for natural resources and measures for coastal protections and environment conditions improvement (consolidating the coast against strong winds and currents; diminishing impact of pollution, etc.).
The aims and management regime of natural protected areas comprised in the national natural protected area network in Romania (as defined in compliance with the IUCN - International Union for the Conservation of Nature - terms of reference) are the following:
• Scientific reserves: only scientific activities are allowed herein, with the consent of the competent scientific body. These reserves correspond to IUCN (International Union for the Conservation of Nature) Category I - “Strict natural reserve: protected area managed mainly for scientific purposes“;
• National parks: the management regime is set by in-house protection and conservation regulations and plans, approved by the entitled national scientific and administrative authorities. National parks correspond to IUCN Category II - “National park: protected area managed mainly for ecosystem protection and leisure“;
• Natural monuments: the management thereof is made pursuant to a strict protection regime ensuring the conservation of specific natural features. Depending on their degree of vulnerability, people’s access may be limited or not. Monuments of nature correspond to IUCN Category III - “Natural monument: protected area managed mainly for the conservation of specific natural features“;
• Natural reserves: the management thereof is made in a differentiated manner, in respect to their characteristics, by active management measures to ensure the conservation of habitats and/or the protection of certain species, groups of species or biotic communities. Apart from scientific activities, as the case may be, organized tourism or education activities may be allowed. These reserves correspond to IUCN Category IV, namely management area of habitats/species;
• Natural parks: the management thereof aims at preserving the harmonious interaction between man and nature by protecting the habitat and landscape diversity, promoting the conservation of traditional land uses, encouraging and strengthening the traditional activities and practices of local populations. They correspond to IUCN Category V - “Protected landscape: protected areas managed mainly for landscape conservation and leisure“;
• Biosphere reserves: the management thereof is made in compliance with in-house regulations and protection and conservation plans, pursuant to the recommendations of the “Man-Biosphere Program“, under the auspices of UNESCO;
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• Wetlands of international importance: the management of these areas is aimed at their conservation and the sustainable use of the biological resources they generate, pursuant to the provisions of the Convention on the Conservation of Wetlands of International Importance, mainly as habitat of waterfowl (Fig. 3.133);
• World heritage natural sites: the management thereof is made pursuant to in-house regulations and protection and conservation plans, in compliance with the provisions of the Convention on the Protection of the World Cultural and Natural Heritage, under the auspices of UNESCO;
• Special Areas for Conservation (SACs): designated for the conservation of natural habitats and habitats of species listed in Annexes 2, 3 and 4 of GEO no. 57/2007 on the regime of natural protected areas, the conservation of natural habitats, wild flora and fauna, as subsequently amended and supplemented. These special areas for conservation are included in the NATURA 2000 European network, after their status was acknowledged by the European Commission;
• Special Protection Areas for birds (SPAs): are designated pursuant to the provisions of Directive 79/409/EEC on the conservation of wild birds and are included in the NATURA 2000 European network after their status was acknowledged by the European Commission.
MSP Country Information Profile Romania – June 2018 7
Maritime Spatial Plans Existing Maritime Spatial Plans
One regional and four local MSPs will be finalised under ICZM principle (national law). There is no legislation in place.
• 1 regional plan (12nm zone) o Realized in the frame of the project PlanCoast, study case 12 NM, and annually improved by
NIMRD (www.rmri.ro)
• 4 municipal local plans: o Zonal Urbanistic Plan – Coastal Zone of southern sector – Cape Midia – Vama Veche with the Rule
for the local urbanism o General Urbanistic Plan of Constanta municipality, including Mamaia resort marine space
o General Urbanistic Plan of Mangalia City o General Urbanistic Plan of Eforie cities
• All coastal towns and villages have developed local plans for development.
All these plans were under public consultation stage; they were proposed under EU rules for ICZM.
All coastal and marine initiatives (private or official/authorities) for development and infrastructures are used to be disscussed and approved by the National Committee of Coastal Zone
Pilot plans or projects
The projects, PlanCoast, CEMAR-NUCLEU (PN 09-320302) and MARSPLAN BS, were focused on MSP till 2018.
• The PlanCoast project in Romania (2005-2008) has implemented pilot projects to show the usefulness and strength of spatial planning instruments for effective ICZM and maritime management.
o Sulina Study Case – the gate of Danube – Middle Branch o Constanta Study Case – Harbor Area o EEZ maritime spatial planning
• The results of the Romanian pilot projects contributed to the PlanCoast Handbook, featuring guidelines and tools for producing an integrated spatial management plan for marine areas. The most important document produced by Romanian partners is the National Report (Claudia Coman) on spatial planning in coastal and maritime areas, which highlights the implementation process of ICZM and its tools. The PlanCoast project has supported this process. Romanian PlanCoast experience and results so far and the present situation of spatial planning and ICZM in the Romanian Black Sea coastal and marine zone. The Handbook on Integrated Maritime Spatial Planning was translated too in the Romanian language. See:
http://www.nodc.org.ua/ukrncora/index2php?option=com_docman&task=doc_view&gid=77&Itemid=35
_docman&task=doc_view&gid=77&Itemid=35
• One ICZM Strategy was elaborated under the Ministry of Environment coordination, still remaining under approval (2007).
The main conclusion of the PlanCoast project which translated for the first time the Adriatic basin experience in Maritime Spatial Planning to the Black Sea, including Romania, proved that the success of IMSP depends on co-operation across sectors and spatial scales. The other most significative MSP Projects for Romania, including maritime spatial plans, are:
National Program CEMAR – Conservation of the marine ecosystem and its sustainable use promotion, was developed during 2010-2014, under the Ministry of Education and Science Fund (Project PN 09-320302/2010-2014, “Preparation of the information support and database up dating to sustain an Integrated Maritime Spatial Planning Strategy”, Contract 32N/ 27.02.2009).
• MARSPLAN BS (2015-2017) as the first project on MSP in the Black Sea is preparing an initial assessment and a cross-border cooperation in MSP between Bulgaria and Romania. Relevant experience in cross-border planning has been gained by a strategic project – Common territorial strategy for the cross-border area Romania-Bulgaria, which has been implemented in 2012-2015 (http://www.marsplan.ro/en/238-about-marsplan-%E2%80%93-bs-project.html). So far no specific sectors have been considered.
• MARSEA Project - Development of an integrated framework for marine spatial planning in Romania, UEFISCDI, 2016-2017, https://www.msp-platform.eu/projects/marsea-development-integrated-framework-marine-spatial-planning-romania
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• COFASP - Cooperation in Fisheries, Aquaculture and Sea food Processing, 2016-2019, New methodologies for an ecosystem approach to spatial and temporal management of fisheries and aquaculture in coastal areas (ECOAST); http://www.e-coast.eu/wp/ .
Maritime Spatial Plan 1: Regional Plan
Thematic maps have been prepared during 2007 to 2016 for different international and national projects dedicated to Romanian marine space by NIMRD “G.Antipa” (mentioned in the chapter 1.2.2.).
Based on these the first maritime regional plan was produced for the PlanCoast Study Case for EEZ, and annually improved thereafter. The integrated maps are published annually in the Environmental Status Report of marine space, http://www.rmri.ro/Home/Products.EnvStatusReport.html, and in the Marione Researches Marines Journal of NIMRD Grigore Antipa, Constanta 2014/2015 http://www.rmri.ro/Home/Downloads/Publications.RecherchesMarines/2013/paper 01.pdf.
The elaborated plans contains the followed sectors. The most complex is MARSPLAN BS plan, developed in a Study for a complete analysis of the Romanian and Bulgarian maritime areas, includes:
• Shipping • Ports
• Mineral extraction
• Oil and gas exploitation, Oil Plants activities, Petrochemical industry, refineries
• Offshore renewable energy production
• Fishing
• Aquaculture
• Tourism (incl. recreation and sports)
• Nature protection • Scientific Research
• Submarine cables and pipelines
• Not sector specific (Shipbuilding, Manufacturing Industry, Agriculture and Food Products Industry)
• Existing tourist ports expand and upgrading: dredging activities o Nuclear Energy Industry o Windmills power plants installing on the coast o Airport and air transport functioning and improving
• Military and defence activities: land-sea firing
• Concerns: nature protection and recreation, Danube Delta Biosphere Reserve, Marine Protected Areas, SCI under the Habitats Directive and SPA under Birds Directive, Ramsar areas
• Future uses: Increasing interest as energy hub and oil exploiting perimeters
Legal basis
• MSP Directive transposed in Romania, followed by the present stage of implementation.
• Existing Romanian MSP law, rules and methodology elaborated
Legal impact
• PlanCoast was the first project introducing the field of Maritime Spatial Planning in Romania. Based on its first maritime map (12NM), all the other maps and plans have been possible. It contributed to the first GIS infrastructure, specialisation and data base, at the Romanian Black Sea coast.
• The MARSPLAN BS project prepared the support for the national MSP legislation, MSP Methodology, MSP data base and indicators, and the transboundary experimental plan between Romania and Bulgaria in parallel with MSP Directive transposition and implementation.
Further information and progress
Area covered by the plan specifically enlarges 12 NM. Future plans will be developed on these available maps, Romania being prepared to respect EU term for MSP Directive implementation and National Plan elaboration.
MSP Country Information Profile Romania – June 2018 9
Integrated Maps of main maritime uses, at the Romanian coast (NIMRD, 2016)
Future changes will be done according to the new elaborated legislation.
Maritime Spatial Plan 2 Some local plans were developed as Study Cases in the frame of the national project: CEMAR - PN 09- 320302/2010-2014, “Preparation of the information support and database up dating to sustain an Integrated Maritime Spatial Planning Strategy” (Chapter 2.2.2.). MARSPLAN BS Cases Studies are also wider described: http://www.marsplan.ro/en/results/common-strategic-framework-for-msp.html
10 MSP Country Information Profile Romania – June 2018
Aspects of the MSP process
Sustainable development and growth in the maritime sector
Romania is a member of the Organisation for the Economic Cooperation of the Black Sea (OCEMN), funded in 1992, which promotes the sustainable development of the Blue Economy and the intensifying of the marine and maritime cooperation. In this respect, conferences have been organized in Romania (2014) and Bulgaria (2015), at governmental level with the presence of Maria Damanaki, former EU Commissioner for maritime affairs and fishing.
The Operational Sectoral Program for economic competitiveness increasing in Romania has been elaborated.
Ecosystem-based approach (EBA)
According to the Regulation on environmental protection in the marine environment, promulgated in State Gazette 94/30.11.2010, the marine strategy should be based on the EBA.i’
Romania, by NIMRD Constanta, as partner, developed two important projects on ecosystem approach for marine fisheries: CREAM - Coordinating research in support to application of ecosystem approach to fisheries and management advice in the Mediterranean and Black Sea (http://www.cream-fp7.eu/) and MAREFRAME - Co-creating Ecosystem-based Fisheries Management Solutions (http://mareframe-fp7.org/)
Marine protected areas
Pursuant to the provisions of Emergency Ordinance no. 57 of 20 June 2007, on the the regime of natural protected areas, the conservation of natural habitats, wild flora and fauna (Official Gazzette no. 442 of 29 June 2007), approved by Law no. 49/2011, as well as of European Directives 79/409/EEC and 92/43/EEC, the following natural protected areas were established in the Romanian marine zone:
1. ROSPA0076 Black Sea: site of Community importance, according to the 79/409/EEC Birds Directive, directly nominated Special Protected Area - SPA - through GD no. 1284/2007 regarding the declaration of avifaunistic protected areas as an integrating part of the Natura 2000 European ecological network in Romania - 147,242.9 ha (Custodian SC EURO LEVEL);
2. ROSCI0269 - Vama Veche - 2 Mai: Site of Community Importance, according to the 92/43/EEC Habitats Directive, adopted through 2009/92/EC Decision, which overlaps the Vama Veche - 2 Mai Marine Reserve, natural protected area of national importance - 5,272 ha (Custodian NIMRD ”Grigore Antipa” Constanta);
3. ROSCI0094 - The Sulphur Seeps in Mangalia (362 ha): site of Community importance, according to Habitats Directive 92/43/EEC, established by Decision 2009/92/EC - 362 ha (Custodian NIRD GEOECOMAR);
4. ROSCI0197 - Submerged beach from Eforie North - Eforie South: site of Community importance, according to the Habitats Directive 92/43/EEC, established by Decision 2009/92/EC - 141 ha (Custodian SC EURO LEVEL);
5. ROSCI0273 - Marine area from Cape Tuzla: site of Community importance, according to the Habitats Directive 92/43/EEC, established by Decision 2009/92/EC - 1,738 ha (Custodian NIRD GEOECOMAR);
6. ROSCI0237 - Submerged methanogenic carbonate structures Sf. Gheorghe: site of Community importance, according to the Habitats Directive 92/43/EEC, established by Decision 2009/92/EC - 6.122 ha (Custodian NIRD GEOECOMAR);
7. ROSCI0066 - Danube Delta - marine zone: site of Community importance, according to the Habitats Directive 92/43/EEC, established by Decision 2009/92/EC, overlapping the marine area of Danube Delta Biosphere Reserve - natural protected area of national and international importance - 121.697 ha (Custodian DDBRA);
8. ROSCI0281 - Cape Aurora: site of Community importance, according to the Habitats Directive 92/43/EEC, established by Order of the Ministry of the Environment and Forests no. 2387/2011 (No. custodian) ;
9. ROSCI0293 - Costinesti - 23 August: site of Community importance, according to the Habitats Directive 92/43/EEC, established by Order of the Minister of the Environment and Forests no. 2387/2011 (No custodian).
MSP Country Information Profile Romania – June 2018 11
Pursuant to the provisions of Environment and Climate Change’s Minister’s Order no. 1470/2013, approving the Methodology for assigning the administration and custody of natural protected areas, the custodians/administrators must draw-up annually the State Report of the natural protected area they manage. Further are some excerpts from the Annual State Report of the Vama Veche - 2 Mai natural protected area (ROSCI0269), whose custodian is NIMRD “Grigore Antipa” Constanta.
A new decision has been made (Order nr. 46/2016) by the Ministry of the Environment, Water and Forests, concerning the nomination of the protected area regime and the declaration of sites of community importance as an integrated part of the Natura 2000 network in Romania. Two new sites have been designated:
- ROSCI0311 Viteaz Canyon - ROSCI0413 – South part of Zernov Phyllophora field
ROSCI0237 – Submerged structures methanogenic carbonates St. George is included in ROSCI0666 site Danube Delta – marine areas, through increasing the surface from 20 to 40 meters depth / isobath.
Specific Case of Vama Veche - 2 Mai Marine Littoral Aquatory (ROSCI0269)
The scope and protected area classification of the Vama Veche - 2 Mai Marine Reserve are compliant with Annex 1 of GEO no. 57/2007, approved and amended by Law no. 49/2011, on the the regime of natural protected areas, the conservation of natural habitats, wild flora and fauna. Pursuant to the latter, the Vama Veche - 2 Mai Marine Reserve is rated as ”natural reserve” (corresponding to IUCN category IV), aiming at protecting and preserving marine habitats and marine natural species important from the flora and fauna point of view.
In compliance with European Commission Decision 2009/92/EC, on establishing the natural protected area of sites of Community importance as inregral part of the Natura 2000 European ecological network, as well as with the provisions of Environment and Climate Change’s Minister’s Order no. 2387/2011, the area was put under special conservation regime, as part of the Natura 2000 network, code ROSCI0269.
Starting with 13 December 2011, the National Institute for Marine Research and Development “Grigore Antipa“ Constanta is custodian of the Vama Veche - 2 Mai Marine Reserve, handling its management and development for a period of five years, by Agreement no. 306.
Co-existence of uses
The co-existence of marine uses is assured by national legislation. The Environment Protection National Agency, under the Ministry of Environment, Waters and Forests, elaborates licences for functioning, of each proposed activity, based on Studies of impacts. There are proposed for next future the development of this kind of evaluation based on Studies for adequate assessment (Law 24/2000, republished in 2010).
Main spatial conflicts on the sea are most often identified between nature protection, tourism, oil extraction transport and fisheries, somewhere with Natura 2000, too. Major problem is that the Black Sea is among the most endangered ones in Europe, considered as a ‘closed’ water basin with unique, dynamic and sensitive ecosystems under threat by the continental pressures and conflicting coastal and maritime activities. It is at the center of different and divergent geopolitical and strategic interests. Maritime Spatial Plans should take care of all of these, including Land-Sea interaction.
The new Order no. 45/2016 and O. Nr. 776/2007 nominated other 9 MPAs according the Bird and Habitats Directives, reflected in the followed maps changes.
Habitats inventory and mapping
During 2008-2014, NIMRD has been implementing the CEMAR-NUCLEU project NP 09320207: ”Obtaining updated information required for the extension of the Natura 2000 European ecological network (special areas of conservation) in the Romanian marine zone”, phase 2 being completed in 2009: ”Habitat mapping in the sites ROSCI0269 Vama Veche - 2 Mai and ROSCI0094 Mangalia sulphur seeps”. As such, the first mapping of the habitats occurring in ROSCI0269 Vama Veche - 2 Mai was achieved.
Three elementary priority habitat types (Natura 2000) occur in the site: 1140, 1170, 8330, with 15 subtypes:
1110-4: Well sorted sands
12 MSP Country Information Profile Romania – June 2018
1110-5: Wave-lashed coarse sands and fine gravels
1140-1: Supralittoral sands with or without fast-drying drift lines
1140-2: Supralittoral slow-drying drift lines
1140-3: Midlittoral sands
1140-4: Midlittoral detritus on shingle and boulders)
1170-2: Mytilus galloprovincialis biogenic reefs
1170-4: Boulders and blocks
1170-5: Supralittoral rock
1170-6: Upper midlittoral rock
1170-7: Lower midlittoral rock
1170-8: Infralittoral rock with photophillic algae
1170-9: Infralittoral rock with Mytilus galloprovincialis
1170-10: Infralittoral hard clay banks with Pholadidae
8330: Submerged or partially submerged sea caves
Updated information were obtained in 2011, within the SOP Environment project ”Integrated management of the Natura 2000 (SCI) marine sites network at the Romanian coast”, SMIS code 7039, implemented by the University of Agronomic Sciences and Veterinary Medicine of Bucharest, NIMRD being actively involved in this project. The final data, however, are not available. The Management Plan of ROSCI0269 was delivered to the NIMRD, as custodian in 2016.
Resilience of climate change impacts
In Romania, the Ministry of Environment, Waters and Forests, elaborated the National Strategy for climate changes, 2013-2020, which is related marine biodiversity changes (studied by NIMRD), marine tourism, fisheries.
Land-sea interactions
According to EO no. 18/2016, “In the elaboration of the Maritime Spatial Plan, the competent authority will take into account the particularities of the marine regions, the current and future relevant activities and uses and their impact on the environment and natural resources as well as on land-sea interactions.” The relation between MSP Directive and ICZM is proved according this.
The research project performed in the field of MSP (CEMAR-NUCLEU PN 09-320302/2010-20, used this kind of approach in the area for Study Cases: Musura Bay – Sulina (land-sea interaction), Sinoe Lagoon (transitional waters and fisheries communities), Tasaul Lake- Navodari City-petrochemical Plant-navigation channel Poarta Alba –Midia (co-existence of uses), Techirghiol Lake – Eforie (tourism and harbour activities, measures for coast consolidation), Vama Veche – 2 Mai – (MPA).
Coherence with other processes Marine Strategy Framework Directive (MSFD)
Romania transposed the MSFD into national legislation in 2010 (OU 71/2010). In 2012 there was an initial assessment on the state of the marine environment, including a socio-economic analysis. In 2012, the definition of the GES and
MSP Country Information Profile Romania – June 2018 13
the establishment of environmental targets in the BNS was possible in line with the Commission Decision on the common criteria and methodological standards (2010/477/EU).
Annual monitoring is programmed based on biological, geochemical, euthrophication and contamination indicators. Under further development under the FP7 project PERSEUS ii and the national marine monitoring under the Ministry of Environment, Waters and Forests.
Integrated Coastal Zone Management (ICZM)
MSP was till 2014 part of ICZM. Romania is the only Black Sea country and one of the few world-wide, which has a special legal and institutional framework for ICZM. National legislation on ICZM and dedicated institutional framework exist since 2002, first as Emergency Ordinance 202 in December 2002, later modified and changed to ICZM Law 280/2003. It stipulates the tasks and responsibilities of the relevant central and local authorities and institutions, as well as clarifying ICZM aims and requirementsiii.
A National Committee of the Coastal Zone (NCCZ) under the responsibility of the Romanian Ministry of Environment has been established in 2004. The Technical Secretariat of NCCZ is based on National Institute for Marine Research and Development “Grigore Antipa” headquarter in Constanta and operates via its 6 thematic working groups, focused on: delineation of the coastal zone, urbanism and spatial planning (WG 1); coast protection (WG 2); technical and legal assistance (WG 3); ICZM policies, strategies and action plans (WG 4); monitoring and surveillance (WG 5); information and communication (WG 6).
Members of NCCZ represent key stakeholder groups such as the relevant ministries, coastal municipalities, the Danube Delta Biosphere Reserve Administration, research institutes, NGO’s, significant stakeholders. The main task of the NCCZ is to endorse plans and studies regarding integrated coastal zone management and local and regional spatial planning, as well as assessing environment impact of activities in the coastal zone. Besides implementing the EU ICZM recommendation, its aim is also to facilitate the implementation of the Water Framework Directive, MSFD, NATURA 2000 and other water related marine directives (e.g.fisheries and also MSP).
A preliminary ICZM strategy was elaborated in 2007, at the Ministry of Environment, Waters and Forests requests, but together with action plans were in the process of stakeholder consultation, since 2014 (MEWF - Romanian Water National Administration – Dobrogea Littoral Branch and NCCZ).
Strategic Environmental Assessment
Strategic Environmental Assessment was part of National Operational Program 2007-2013 for Romania for all economic sectors and it is part of territorial planning. Have been elaborated all SEA Methodology, legislations, Guidelines and data Base.
The Protocol regarding SEA added to the Convention for the assessment of the environment impact in transboundary context from 21.05.2003, entered in force in 18.11.2009: Text published in the M.Of.
http://lege5.ro/Gratuit/gezdsnzshe/protocolul-privind-evaluarea-strategica-de-mediu-la-conventia-privind-evaluarea-impactului-asupra-mediului-in-context-transfrontiera-din-21052003;
Stakeholder Involvement
PlanCoast and MARSPLAN BS, two EU projects, are the main references with respect to stakeholder involvement in the field of MSP. Officially, no information available about MSP participation efforts fostered by the government and/or administration.
In the frame of many international projects related to EU Directives regarding maritime space (MFSD, ICZM, Fisheries Policy, etc.), meetings have been organized with stakeholders on main marine professional and social groups on the coast and marine space.
One of the most important method uses for stakeholders’ involvement is Sketch Match Method in PEGASO Project (NIRD Danube Delta, Tulcea). This method was applied during MARSPLAN BS stakeholders meetings under the Cases Studies frameworks: in Sfantu Gheorghe (MSP and Stakeholders meetings) Eforie (coastal erosion case) and in Mangalia (transboundary Mangalia–Shabla case for MSP Methodology Study).
14 MSP Country Information Profile Romania – June 2018
A special Case Study dedicated to stakeholders was developed in Sfantu Gheorghe focused on ecological and ecological aspects, mainly consulting the local communities in the field of marine fisheries, tourism and urban developing, adding conflicts evaluation between fisheries and Natura 2000. There are in planning stakeholders meetings under COFSP – ECOAST Project, by INVEST Method.
Use of best available data
As part of Data Study the best MSP data started to be compiled in the frame of MARSPLAN BSProject. The main data have been established on fields, domains, location (coast, water, air and bottom, marine over and underwater), the sources of information, data availability.
Trans-boundary cooperation
The Sustainable coastal development requires cooperation of all Black Sea bordering countries. In this respect, the Strategic Plan of Action for the Rehabilitation and Protection of the Black Sea was elaborated, amended June 22-26 2002, Sofia, Bulgaria. Its general objectives include the ensuring a healthy environment for the Black Sea region people, both from urban and rural
areas; and achievement of the marine ecosystem diversity, by biological point of view, containing populations base on organisms with higher natural variability and viability, including marine mammals and sturgeons and sustaining livelihoods means resulted from sustainable activities such as fishing, aquaculture and tourism in all Black Sea countries.
Communication is traditional between Black Sea countries. Black Sea Commission is also a link concerning marine fields, including the working group of ICZM experts, focused on MSP too, in present.
Romania-Bulgaria Cross-Border Cooperation Operational Programme 2007-2013, with present and future opened perspective (2014-2020) permitted the transboundary approach on all fields, including maritime activities.
Cooperation with third countries
Cooperation with third countries is developed in the frame of Black Sea basin based on different Protocols, in diverse fields of activities. Concerning the research on marine space, the Black Sea Commission on the Protection of the Black Sea against Pollution is the main organisation of Black Sea countries collaboration (http://www.blacksea-commission.org/).
The Black Sea Basin Joint Operational Programme 2017-2013 permitted the collaborative development between Back Sea countries. A new program is opened for 2014-20120.
MSP Review Under MARSPLAN BS Project was elaborated the first draft of MSP Methodology, the MPS legislative and institutional framework. A Study for a complete analysis of the Romanian and Bulgarian maritime areas, and some important cases studies, including one transboundary with Bulgaria (Shabla-Mangalia) have been elaborated (http://www.marsplan.ro/en/about-marsplan-%E2%80%93-bs-project.html). All thematic and integrated maps concerning maritime space are annually improved. At the end of the MARSPLAN BS Project was elaborated an experimental draft of the MSP National Plan. The MSP Data Base creation will permit the National Plan design on real coordinates.
MSP Country Information Profile Romania – June 2018 15
Sources
Consulted references
• Angela Schultz-Zehden et al (2008): PlanCoast Handbook on Integrated Maritime Spatial Planning (http://ec.europa.eu/ourcoast/index.cfm?menuID=7&articleID=307, accessed on 03/09/2014
• Laura Alexandrov, Zaharia T., Alexandrov A., 2005, Water Framework Directive Application of the Aquaculture Development Strategy at the Romanian Coastal Zone, Scientific reunion of the special program of the Alexander von Humbold Foundation concerning the reconstruction of the Southern Eastern Europe, Timisoara, Romania:165 – 168;ISBN 973-625-204-3
• Laura Alexandrov, Coman C., Golumbeanu M., Mateescu R., Vasiliu D., Rosioru D., Cernisencu I., Tofan L., 2008 – Specificity of Romanian Black Sea Coast. Changes under Climate and Human Impact, NATO Science for Peace and Security Series C: Environmental Security, Regional Aspects of Climate-Terrestrial-Hydrologic Interactions in Non-boreal Eastern Europe, (ISSN1874-6519/print1874-6543/Online), http://www.springerlink.com/content/r5gl86452p623x7p/
• Laura Alexandrov, S.Nicolaev, R.Mateescu, A.Bologa, M.Staras, A.Spinu, V.Abaza, T.Zaharia, M.Golumbeanu – Integrated approaches to risk mitigation targeting conservation and sustainable development along the Romanian Black Sea coast, Marine Nature Conservation and Management at the borders of the European Union, ISBN 978-3-8329-6351-4, Nomos Verlagsgesellschaft, 2011
• Tatiana Begun., Muresan M., Zaharia T., Dencheva K., Sezgin M., Bat L., Velikova V., 2012. Conservation and Protection of the Black Sea Biodiversity. Review of the existing and planned protected areas in the Black Sea (Bulgaria, Romania, Turkey) with a special focus on possible deficiencies regarding law enforcement and implementation of management plans. EC DG Env. MISIS Project Deliverables
• Claudia Coman (Black Sea Coastal Centre): Integrated coastal zone management in Romania, (Climate of Coastal Cooperation, EUCC, 2011) http://www.coastalcooperation.net/part-I/I-3-1.pdf, accessed on 04/09/2014
• Claudia Coman, I.Lucius, S.Nicolaev, Laura ALEXANDROV, I.Şundri, V.Dumitru, A. Spanu, R. Mateescu, G. Iordache - Relevance of the Plancoast. “State of Art of Coastal and Maritime Planning in the Adriatic Region” for Romania, 2009, Journal of marine technology and environment, UMC Constanta
• Golumbeanu M. & Nicolaev S.(editors), 2015, Study on Integrated Coastal Zone Management, 454p, Ex Ponto Publishing House, 2015, Original English version © 2015, All rights reserved ISBN: 978-606-598-397-7, CIP: 579.68, 65.012
• Razvan Mateescu, A Spinu, Laura ALEXANDROV, G.Iordache - Criterii metodologice de delimitare a spatiului public din zona costiera, Buletinul Directiei Hidrografice Maritime, vol II/2010
• http://www3.moew.government.bg/files/file/Legislation/Naredbi/vodi/N_morskite_vodi.pdf
• Alina Spinu, Laura ALEXANDROV, R. Mateescu, GIS for coastal and marine environment – an integrated tool for Coastal Zone Management Study case – Razim Sinoe Lagoon, Proceedings of the tenth International Conference on the Mediteranean Coastal Environment, 2011, ISBN 978-605-88990-6-3, vol II ISBN 978-605-88990-8-7, pag. 901-913
• Tania Zaharia&all, 2013, Guide for the monitoring marine species and coastal and marine habitats with communitary interes in Romania,Ed.Boldas,IDBN 978-606-8066-45-5,149PG, Book Chp.http://www.perseus-net.eu/site/content.php accessed on 04/09/2014
• National Institutes for Research and Development (NIRD) Reports
• NIMRD Reports on marine Environment Status • MANUALUL Planificarii Spatiale Maritime Integrate, varianta in lb.romana, www.plancoast.ro, 2009
• Complete Analysis of the Romanian and Bulgarian Maritime Areas. Detailed Study, 2017, 400 pg: ISBN 978-606-642-166-9; http://www.MARSPLAN BS.ro/en/results/msp-studies.html; http://www.marsplan.ro/en/results/msp-studies.html;
• Eforie – Coastal Erosion - Case Study 1, 2017, 100 pg: ISBN 978-606-565-131-9; http://www.marsplan.ro/en/results/case-study/433-eforie-nord-eforie-sud-area.html;
• Marine Fisheries and Aquaculture under Maritime Spatial Planning. Approach Toward Integration - Case Study 5, 2017, 100 pg. ISBN 978-606-642-165-2; http://www.marsplan.ro/en/results/case-study/430-aquaculture-and-fisheries-in-the-cross-border-area-romania-%E2%80%93-bulgaria.html;
Relevant legislative acts • Water Law no. 107/1996, amended and supplemented with followed rules
• Government Decision No. 730/1997 concerning Standards (NTPA-001) of water quality related the wastewater pollutants discharged load limits into water sources
• Minister’s Order No. 1618/2000 for the Approval of representative sections in the frame of National System for water quality survey
16 MSP Country Information Profile Romania – June 2018
• Minister’s Order No. 913/2001 for the Action Plan of the EU Water Framework Directive, to be implemented in 2002
• Government Decision No. 201/2002, amended by GD 467/2006 concerning the Technical quality of shellfish waters
• Law no. 280, 24 June 2003, approving The Emergency Order of the Government no. 202/2002 for ICZM
• Government Decision No. 459/2002 regarding the Technical standards for water quality from natural areas nominated us bathing waters
• Government Decision No.918/2002 regarding the establishment of the Methodology for environmental impact assessment and environmental audit according to EU Directive 85/337/EEC, amended 97/11/EEC, for the evaluation of the environment public and private projects effects
• Government Decision no.1015/2004 regarding the approval of The organization and functioning regulation for the National Coastal Zone Management Committee
• Government Decision no. 898/2004 for the approving of the Instructions for the groundwater exploitation and of the areas between fresh and salty waters interface;
• Government Decision no. 317/2004 regarding the use of coastal wetlands known as anchorage areas
• Common Order no. 1/217/182/2004 of the Minister of Environment and Water, Minister of Transport, Constructions and Tourism and Minister of Administration and Internship, for the approval and functioning of the Operative Committee of Marine Remediation;
• Order no.374/2004 of Minister of Environment and Water for the approval of The Action Plan for the Romanian Black Sea Cetaceans Conservation
• Government Decision no. 546/2004 to be approve of the methodology for the delimitation of the state public domain in the coastal zone
• Common Order no.38/1044/671/2004 of the Minister of Environment and Water, Minister of Transport, Constructions and Tourism and Minister for Health for the approving of the Code of conduct for recreational activities in the coastal area
• Emergency Ordinance no.196/2005 on the Environment Fund
• Government Decision no.893/2006 amending the Government Decision no. 1593/2002 on approving the National Plan for preparing, response and cooperation in case of marine pollution by hydrocarbons
• Law no.137/29.12.1995 for environment protection (M.Of. 304/30.12.1995, Republished by E.O. 294/2003, updated by E.O. 195/2005 22.12.2005 and 114/2007
• Order No. 1888/27.11.2007 of the Ministry of Environment and Sustainable Development for the organohalogenated and heavy metals list of substances approving and also for their maximum allowable limits in water and sediment substrate
• Order no. 776/2007 on the establishment of sites of Community importance as an integral part of the Natura 2000 ecological network, in Romania
• Order No. 1950/12.12.2007 of the Ministry of Environment and Sustainable Development and Order No.38.18.01.2008 of the Ministry of Agriculture and Rural Development for the delineation and classifying of suitable areas for marine mollusks growth and valorisation
• Emergency ordinance no 51/08.06.2011, regarding the juridical regime of internal maritime waters, of territorial sea, of contiguous and Economic Exclusive Zone of Romania, up dated after Law no Legea no 17/1990, republished in M.Of no 765/21 October 2002
• Order no. 983/2015 / 1699/2015 amending the Annex to the Order of the Minister of Environment and Sustainable Development and the Minister of Agriculture and Rural Development no. 1950/2007/38/2008 for mapping and cataloguing of marine molluscs suitable for the growth and wise uses
• Order no. 46/2016 regarding the creation of the protected areas regime and the establishment of sites of Community importance as part of the Natura 2000 ecological EU network in Romania
• Government Ordinance no. 18/2016 on Maritime Spatial Planning, approved by Law no. 88/2017;
• Government Decision no. 406/2017 for the approval of the Regulation on the organization, functioning and nominal composition of the Maritime Spatial Planning Committee;
• Government Decision for the approval of the Methodology for the elaboration of the Maritime Spatial Plan (approved by the Government, to be published in the Official Gazette to take effect).
Specific citations
MSP Country Information Profile Romania – June 2018 17
ii http://www.perseus-net.eu/site/content.php accessed on 04/09/2014
iii Claudia Coman (Black Sea Coastal Centre): Integrated coastal zone management in Romania, (Climate of Coastal Cooperation, EUCC, 2011) http://www.coastalcooperation.net/part-I/I-3-1.pdf, accessed on 04/09/2014
i Angela Schultz-Zehden et al (2008): PlanCoast Handbook on Integrated Maritime Spatial Planning
ii Begun T., Muresan M., Zaharia T., Dencheva K., Sezgin M., Bat L., Velikova V., 2012. Conservation and Protection of the Black Sea Biodiversity. Review of the existing and planned protected areas in the Black Sea (Bulgaria, Romania, Turkey) with a special focus on possible deficiencies regarding law enforcement and implementation of management plans. EC DG Env. MISIS Project Deliverables.
iii Golumbeanu M. & Nicolaev S.(editors),2015,Study on Integrated Coastal Zone Management, 454p, Ex Ponto Publishing House, 2015, Original English version © 2015, All rights reserved ISBN: 978-606-598-397-7, CIP: 579.68, 65.012
iii’ http://www3.moew.government.bg/files/file/Legislation/Naredbi/vodi/N_morskite_vodi.pdf
