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Miljø- og Planlægningsudvalget 2006-07
KOM (2006) 0275 Bilag 6
Offentligt

Contribution by the Danish Government on the

European Commission Green Paper

Towards a future

maritime policy for the Union: A European vision for the oceans and

seas

(COM(2006)275 Final)

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Table of contents

1. The Aim of the Future EU Maritime Policy

2. Retaining Europe’s Leadership in Sustainable Maritime Development

Competitiveness of the Maritime industry …………………………………………………

The Importance of the Marine Environment for the Sustainable Use of Marine Resources

Knowledge, technology and innovation …………………………………………………...

Maritime Skills and Employment ………………………………………………………….

Clusters ……………………………………………………………………………………..

The regulatory framework …………………………………………………………………

3. Maximising Quality of Life in Coastal Regions

Coastal areas as a place to live and work ………………………………………………….

Sea-related risks and threats ……………………………………………………………….

Coastal tourism ……………………………………………………………………………..

Managing the Land/Sea Interface …………………………………………………………

4. Providing the Tools to Manage our Relations with the Oceans

European Marine Data and Observation Network ………………………………………….

Spatial planning ……………………………………………………………………………...

Financial instruments and Coastal regions …………………………………………………

5. Maritime Governance

Policy Making within the EU ………………………………………………………………..

The Offshore Activities of Governments …………………………………………………….

International Rules for Global Activities ……………………………………………………

6. Reclaiming Europe’s Maritime Heritage and Reaffirming Europe’s Maritime

Identity

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Danish contribution to issues highlighted and questions posed by the

Commission Green Paper on a Future Maritime Policy for the EU

The Commission Green Paper deals with a broad variety of maritime issues ranging from shipping

and the environment to the development of coastal regions and fisheries. In what follows a

presentation is given of the Danish view-points on issues and questions which are raised in the

Green Paper. The view-points are presented follow the main chapters of the Green Paper. However,

first the Danish position on what should be the aim of the future EU maritime policy is presented.

1. The Aim of the Future EU Maritime Policy

Given the great importance of the maritime sector to Danish society, Denmark is positive towards

the goal of forming a holistic maritime policy. Denmark is surrounded by the sea and has a 7,300-

km coastline. No point in Denmark is further than 50 km from the nearest sea or fiord. Denmark has

more than 120 maritime ports, which handle more than 100,000,000 tonnes of cargo and an

estimated amount of 58,000,000 passengers in transit per year. Landings by the Danish fishing fleet

amounted to 1,054,236 tonnes in 2003 and Denmark is one of the world’s largest exporters of

fishing gear and other maritime equipment. Offshore energy production such as fossil fuels or

renewable energy sources including off shore wind farms are of great importance to Danish energy

production and the Danish economy. Denmark is a world leader in shipbuilding and maritime

equipment – e.g. large container ships and two-stroke diesel engines. Danish shipping is one of

main contributors to the Danish economy – in 2005, 16% of total Danish exports came from

shipping. The Danish shipping fleet is the 7th largest in the EU with 8,359 GT registered under

Danish flag in October 2006. Danish ship-owners owned 16,839 GT in 2006 irrespective of flag

representing 2.5% of world GT. The Danish maritime cluster employs approximately 6% of the

entire private work force.

The development of a holistic maritime policy for Europe should aim at growth and more and better

jobs, thus helping to stimulate and ensure a strong, growing, competitive and sustainable maritime

economy in harmony with the marine environment.

Because of globalisation the international division of work is increasing and the amount of goods

being transported by sea will continue to rise. That is why shipping holds an enormous potential for

economic growth and employment. The promotion of quality shipping will contribute to continued

growth within the maritime clusters both at sea and on land. Such a development will also

contribute to avoid Europe becoming dependent primarily on foreign operators providing Europe

with energy and other production factors. The promotion of European shipping should therefore for

many reasons be one of the top priorities of the maritime policy. Also within Europe maritime

transport is important. A sustainable development of ports and port operators as well as equal

competition in regard to ports and infrastructure should be in focus in a coherent maritime policy,

especially considering the increasing amount of freight, which European ports and port operators

will be faced with in future.

EU maritime policy should be based on:



Effective implementation and enforcement of existing rules

Clear Preference for global solutions in regard to areas affecting shipping and shipbuilding

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

Promotion of the sustainable use of marine resources

A recognition of the need to ensure global competitiveness of EU maritime industries

Important aspects of implementation for a future maritime policy will be to



respect the subsidiarity principle and to bring added value

encourage and promote maritime competencies, which can ensure innovation and growth in the

maritime cluster

encourage research, development and innovation in the whole maritime cluster

implement the Marine Strategy Directive

ensure more coherence between legislative initiatives taken in different sectoral areas so that the

effects from legislative initiatives in one sector on other sectors are considered,

ensure that impact assessments or integrated risk assessments accompany new initiatives and

that they include a systematic evaluation of the impact on the marine environment and on sea-

related activities and policies

enhance the image of and knowledge about the maritime industries

2. Retaining Europe’s Leadership in Sustainable Maritime Development

The Green Paper presents a range of thoughts, ideas and questions as to how Europe can retain its

leadership within sustainable maritime development. Several areas are dealt with including the

competitiveness of the maritime industry, the sustainable use of marine resources, marine spatial

planning, the importance of knowledge, technology and innovation, the development of Europe’s

maritime skills and employment, clusters, and characteristics of the regulatory framework.

Competitiveness of the Maritime industry

Green Paper Question: How can European maritime sectors remain competitive, including taking

into account specific needs of SMEs? What mechanisms should be in place to ensure that new

maritime development is sustainable?

Shipping is a crucial contributor to growth and job creation both at sea and on shore. It is an engine

for growth in the whole maritime cluster, which facilitates global trade and creates jobs both within

the maritime sectors and within other sectors. In order for European shipping to take part in the

development and growth associated with globalisation the maritime policy needs to be based on

quality operators and to ensure stable and competitive framework conditions.

European shipping is facing strong competition from 3

countries and an important element in

ensuring growth within the sector will be to maintain the EU guidelines on state aid aiming at

ensuring the international competitiveness of European Flags and shipping companies and the

employment in the maritime sector. If there is no stable regulatory framework – including in regard

to the economic conditions – the shipping sector would decline and this would have severe

consequences for the entire maritime cluster.

In general, rules affecting shipping and ship-building should be global. Furthermore, such rules

should allow for technical competitive advantages, which will facilitate development and

innovation. Such an approach will ensure equal and better safety, social, environmental and security

standards for ships and thereby strengthen the competitiveness of the European fleets and of the

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European maritime manufacturing industries. This should be the case whether the regulation is

regional or international in kind. That way, distortions in competition can be avoided, and also non

European ships just transiting European waters will need to comply with the rules. Furthermore,

regulating at the international level ensures that all ships will be able to meet the legislative

requirements irrespective of flag as they will not be met by particular regional rules. If and when

circumstances so require, European legislative action can take place as a last resort and should be in

line with those of other international trading partners.

The Member States should continue to concentrate their efforts on the transposition and effective

implementation of

existing

international and EU legislation on safety, social and security standards

and protection of the marine environment into national legislation. Possible EU initiatives should be

based on a recognised need and should only be taken in areas where they will contribute with a

significant and demonstrable added value.

The Importance of the Marine Environment for the Sustainable Use of Marine Resources

Green Paper Questions: How can maritime policy contribute to maintaining our ocean resources

and environment? How can a maritime policy further the aims of the Marine Thematic Strategy?

How can risk assessment best be used to further safety at sea?

The maritime sectors’ contribution to maintaining our ocean resources and environment depend on

their ability to demonstrate high levels of environmental performance and integration of

environmental concerns in their daily activities and strategies. The environmental performance

should comply with the requirements of international, regional, EU and national regulation.

The EU maritime policy should further contribute to the aims of the Marine Thematic Strategy by

supporting the achievement of good environmental status as stipulated in the Marine Strategy

Directive in order to facilitate an active integration of these measures in the strategic development

plans of the marine sectors.

The maritime policy should furthermore enhance the understanding and knowledge of the structure

and dynamics of the marine ecosystems, including the impact of human activities. Fisheries’ impact

on fish is well-known and management of fisheries is based on data collection, scientific research

and advise, but little or nothing is known of the impact of other human activities than fishery on fish

stocks. In this regard the maritime policy should give priority to cross-sectoral and coordinated data

collection as well as assessment and scientific advice to all sectors influencing the marine

environment and enable them to integrate a holistic approach in the use or management of the

marine environment.

In relation to specific maritime sectors the maritime policy should:



Support the Common Fisheries Policy efforts to improve and develop where appropriate new

fishing methods and more species-selective fishing gears from new and improved materials

with low impact on benthic communities and the seabed. To this end the Maritime Policy

should encourage the organisation of teams of fishing operators, researchers, engineers and

innovators. The maritime policy should play an important role to create economic growth and

new jobs, as fish stocks are limited.

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

Encourage the oil and gas extraction sector to further develop and implement improved

technology, e.g. for drilling and operation of production facilities, waste management, pipeline

standards and decommissioning in order to satisfy more stringent environmental requirement.



Encourage the sand and gravel extraction sector as well as the relevant authorities and national

beach nourishment programs to develop management schemes for designation of areas suitable

for marine sand and gravel extraction. These schemes could include stricter environmental

impact assessment, more comprehensive resource evaluation and dredging management

schemes etc.



Further support the improvement and more systematic implementation of integrated coastal

zone management schemes in the EU-Member States.



Encourage the development of tourism and recreational activities which are not detrimental to

the marine environment or coasts.



Ensure that in order to deal with the global character of pollution emanating from ships the

main focus should be on global initiatives, i.e. within the IMO. For instance, air pollution from

ships is not only caused by ships calling at European ports but also by ships passing European

coastlines. Therefore, IMO initiatives should be supported, also in order to ensure an

international level playing field for a global industry. The same goes for the question of

efficient energy consumption. EU countries should ensure that air pollution is kept high on the

IMO agenda and strive for a speeding up of the process, in particular regarding the reduction of

greenhouse gases. Experience shows (i.e. MARPOL Annex VI) that once rules have been

agreed in the IMO it may be easier to have these rules strengthened along the way. Progressive

initiatives from the industry should also be encouraged and emphasized. The EU Member

States should therefore push forward regarding the revision of MARPOL Annex VI. Member

States should ratify the AFS and BWM conventions

and thereby contribute to their entering

into force at an international level.



Stress the importance of implementing environmental measures, which have been adopted in

various other international fora and support the revision of MARPOL Annex V – Garbage, in

order to tackle the question of litter in the marine environment.



Encourage the development of an unambiguous language in EU and in other international

regulations – in particular IMO MARPOL Convention - with respect to shipment of waste. This

aspect should be taken into consideration in the ongoing review of the Port Facilities Directive.

There may be a need to assess the Basel Convention and IMO regulations to prevent illegal

shipments of waste. The EU and its Member States should support the elaboration of an

international convention on ship-recycling within IMO.



Support the ongoing work on the creation of an international set of rules regarding lightering of

oil. It is untenable that national rules on the lightering of oil can be bypassed simply by moving

the operation outside the territorial waters of a Member State.



Encourage EMSA to make a proper assessment of risks to safety at sea and other risks to the

environment building on thorough analyses and data in order to make a proper assessment of

risks to safety at sea and other risks to the environment. The analyses should investigate what

are the best means to achieve the desired goal of a cleaner marine environment. EMSA should

investigate existing models of risk assessment with a view to developing/exchanging best

practice between Member States.

The International Convention on the Control of Harmful Anti-Fouling Systems on Ships, 2001 and the International

Convention for the Control and Management of Ships’ Ballast Water and Sediments, 2004.

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Knowledge, technology and innovation

Green paper question: How can a European Marine Related Research Strategy be developed to

further deepen our knowledge and promote new technologies? Should a European Marine

Research Network be developed? What mechanisms can best turn knowledge into income and jobs?

In what ways should stakeholders be involved? What further steps should the EU take to mitigate

and adapt to climate change in the marine environment? How can innovative offshore renewable

energy technologies be promoted and implemented? How can energy efficiency improvements and

fuel diversification in shipping be achieved? What is needed to realise the potential benefits of blue

biotechnology?

Innovation and the promotion of new technologies are important for many European maritime

industries and could increase competitiveness and employment as well as the protection of the

environment and a sustainable use of the marine resources.

Fishing opportunities are influenced by climate change and natural fluctuations in the marine

environment. Climate changes (+2 degrees C) can increase the pressure on endangered species and

fish stocks. Climate changes change the conditions to rebuilt fish stocks. New species can be

attracted. New types of bacteria and algae diseases can threathen fish and the food security. More

freshwater in the marine areas can result in lower salinity which can change the structure og

functioning of the ecosystem, including fish species. Studies on genetics show that cod from the

North Sea cannot easily be moved to the Baltic Sea. The adaptation of management systems,

including surveillance systems should be considered. New fishing gears, new fishing methods and

new vessels must be developed to exploit new fish species. And cooperation between neighbouring

countries is needed.

The limited resources of fossil fuel and the need to protect the environment will necessitate new

initiatives to ensure more efficient energy consumption both on land and at sea. Research

programmes should be established at an EU level in order to underpin innovation in the field of

energy efficient engines on ships. The EU and the Member States should continue to focus on a

modal shift from land transport to shipping, including examination of the possibilities of improving

efficiency in ports and improving the related infrastructure and administrative procedures. The IMO

should continue to devote attention to enhancing the protection of the environment and developing

the efficiency of energy consumption within shipping, including the promotion of new hull designs

and optimisation of shipping routes.

Furthermore, research should be initiated on an EU level into whether the use of residual products

from the oil industry as fuel in shipping is the best way of eliminating such products or whether

alternative ways of disposing of the products could be envisaged. Research would also be an

important tool in the further development of the “clean ship” concept. Research into more

environmentally friendly types of fuel should be encouraged.

Moreover, there is great political and public pressure to reduce emissions of CO2 and reduce the

dependence on fossil fuels. Promoting offshore wind energy could be part of the solution. Large

scale offshore installations, however, may have other environmental effects across borders. A

hearing process regarding environmental impact assessments (EIAs) for projects and strategic

environmental assessments (SEAs) for plans and programmes are governed by the EU directives on

EIAs [85/337/EEC of 27 June 1985] and SEAs [2001/42/EF; 27 june 2001]. These directives

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provide a consultation process between neighbouring countries in the planning of programmes and

projects. The Maritime Policy could further facilitate the coordination of these processes, e.g. by

offering guidance for exchange of best practices between Member States sharing the same Maritime

Region or Sub-region as how to carry out marine spatial planning.

In a process of developing a set of recommendations, it should be considered to recommend

countries to set up a one-stop-shop regime of dealing with project applications and the overall

planning for new projects. For offshore wind projects, Denmark has a procedure in which the

Ministry of Transport and Energy is in charge of coordinating all interests in the relevant area. This

means that a project developer will get the relevant permissions from only one place, which creates

significant reductions in the administrative burden for a developer. The advantage for the public

administration system is that all parties are informed in the same process and diverging interests

considered and weighed against each other.

Maritime Skills and Employment

Green Paper questions: How can the decline in the number of Europeans entering certain maritime

professions be reversed and the safety and attractiveness of jobs ensured? How can better working

conditions, wages and safety be combined with sectoral competitiveness? How can the quality of

education, training and certification be assured?

The Green Paper’s focus on maritime skills and competencies is to be welcomed. Both factors are

essential in creating growth and employment in European maritime sectors. Ships under the flags of

Member States should have competent and highly qualified seafarers, who are provided with good

working and living conditions and who also respect the marine environment.

Member States need to ensure a high quality and positive image of the maritime educations and a

high degree of employability and mobility of the maritime graduates. Member States should be

encouraged to exchange information and learn from each others best practices to improve the

competencies and skills of European seafarers and other employees within the maritime sectors. It

has to be recalled that the maritime cluster

as a whole

– both at sea and on land – employs maritime

graduates. A very large proportion of these will start out as seafarers but will later want to move

into employment on land. Their knowledge and know-how will thereby contribute to continued

growth and employment within the whole maritime cluster. Their skills should therefore ensure a

maximum degree of mobility between jobs at sea and on land. The maritime skills in the technical

and commercial departments are essential for the development of the shipping sector as well as

nautical competencies. If European seafarers are well qualified, experience shows that they will

have good employment opportunities and remuneration at sea and in land based maritime industries

and their competitiveness in comparison with seafarers from 3

countries will increase. Seafarers

with relevant educational qualifications will find it easier to secure subsequent employment,

especially if they have qualifications additional to the STCW requirements.

The Member States should continue to promote international education and training standards and

ensure that IMO’s white list becomes an efficient control method. Appropriate education and

training is the foundation for a maritime career, both at sea and on the shore side. An important part

of the career opportunities is the actual possibilities of subsequent employment. Hence, when

considering career opportunities it is important to ensure that maritime graduates are an attractive

work force for the industry. In order to become this, graduates from European countries should not

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only comply with international regulation but should be able to constantly add value through

optimisation and innovation of ship operations. The EU and its Member States should ensure that

the international legal framework permits development of safe and efficient ship operations through

innovation. Therefore, the EU and its Member States should promote more flexibility in the ways

seafarers are trained and certified and in regard to how ships are operated.

The need to ensure qualified seafarers is paramount and an important element in avoiding accidents

at sea which could lead to pollution of the environment. Not only European seafarers should be well

qualified, but the Commission and EMSA should develop and use transparent and efficient methods

to assess the competencies of 3

country seafarers. This would entail that as far as some third

countries are concerned, officers would be recognised only after having passed an operational

test. That way a rigid system of denying recognition of all seafarers from a particular country,

when some of its training institutions and/or seafarers do not fulfil all of the necessary

requirements in the STCW Convention, can be avoided.

Not only the educational systems and the conditions on board ship may influence the career choice

of young people. In this regard it is essential that the EU and its Member States ensure that

seafarers’ rights are respected in regard to the criminalisation of environmental damages.

The fishing industry also faces the challenge of attracting well qualified young people into the

fishing profession. It is therefore important to have a regulatory framework on the standards of

proficiency required for the fishing industry establishing high standards for training. Member States

should therefore ratify the STCW-F convention as soon as possible. Furthermore, the Member

States should be encouraged to establish programmes whereby well qualified officers on fishing

vessels will be encouraged to supplement their qualifications in order to qualify for positions within

the merchant fleet.

Further restrictions in regard to the manning of ships is not the way forward to ensure the

competitiveness of European ships or the employability of the European seafarers. Without the

possibility of hiring seafarers – including European ones – on “home/residence conditions”

European ship-owners would not be competitive and they would register under non-European flags

or use non-EU seafarers.

In order to further decent working and living conditions, Member States should ratify the

Consolidated Maritime Labour Convention - if possible - by the year 2010 as specified by Council.

The convention will also work to improve the image of the shipping industry and provide a level

playing field for quality operators.

In order to promote safety at sea and to prevent maritime accidents and loss of life or serious injury

it is essential that Member States not only investigate more traditional incidents, such as collisions

or loss of ship. Efforts should also be put into investigating occupational accidents involving the

loss of lives of seafarers or which have lead to personal injury. Therefore, these types of incidents

should form part of the EU rules on accident investigation. This goes for fishing vessels as well as

merchant vessels. The efforts in this respect will not only enhance safety and environmental

protection but also work to make it more attractive for skilled young people to seek careers in the

maritime profession at sea.

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The existing EU rules on the improvement of maritime working environment on board ships should

be internationalised. Focus should be on introducing mandatory international rules on areas such as

noise and vibrations and exposure to chemicals within an IMO/ILO framework.

The Member States, the Commission and the social partners of the shipping industry should take

the necessary steps to effectuate the initiatives mentioned in the Transport Council conclusions

from December 2005 on maritime employment.

The synergy between EU regulation in regard to fishing quota and days at sea and the promotion of

health and safety for fishermen should be explored and taken into account when the Commission

puts forward legislative initiatives in this area.

The question of wages should be left to the social partners.

On the matter of the image of the seafaring profession hearsay and unfounded statements – not

unlike some of those to be found in the green paper - about the poor working conditions and quality

of life as a European seafarer has to be dealt with so that a fair portrayal of shipping as a modern

attractive industry can be given. In this regard, there is a need for analyses of the actual working

conditions within shipping so that unfounded myths can be dealt with. EMSA should carry out

comparative analyses – which should include ships that are not flying EU flags – on the working

and living conditions for seafarers.

Clusters

Green Paper questions: What role can maritime clusters play in increasing competitiveness, in

particular for SMEs, in improving the attractiveness of maritime jobs, and promoting a sense of

maritime identity? How can the EU promote synergies between interrelated sectors?

The Maritime industries can cooperate and exchange information within maritime clusters and

thereby together further develop the maritime industries. Valuable synergies between the maritime

industries can be achieved. In particular, the industries can benefit mutually from the know-how,

skills and maritime competencies which are generated from the shipping industry. For instance,

competencies gained at sea is a valuable resource to be used by businesses on land and

thereby generate more growth and jobs. The development of maritime cluster network organizations

in several countries have proven to be successful. Although the primary responsibility for a

profitable growth is placed on the industries themselves, the European Commission could support

the maritime clusters by exchanging best practices and coordinating maritime issues within the

different branches of the European Commission.

The Commission has published a call for tender on a study, partly on the development of a maritime

policy for the European Union. One of the aims must be to compile statistical data on the size and

composition of the different maritime clusters. The study should be the basis for monitoring the

development within the maritime industries and its clusters.

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The regulatory framework

Green Paper questions: How could the regulatory framework for the maritime economy be

improved to avoid unintended and contradictory impacts on maritime goals? Which exclusions of

the maritime sector from some EU social legislation are still justified? Should further specific legal

instruments on employment conditions in the maritime sector be encouraged? How can EU safety

regulation be simplified while maintaining high level standards? To what extent can economic

incentives, self-regulation and corporate social responsibility complement government regulation?

What further EU action is needed to reply to the inadequacies of sub-standard flags and to provide

incentives to register under European flags? Should an optional EU register be made available?

What conditions and incentives could be contemplated for such a register?

The global regulatory regime is the basis of the EU regulatory framework, which affects shipping.

The regulatory framework in which maritime businesses operate is a key factor for their global

competitiveness, growth and employment performance. Therefore, the EU Member States should

support that the international as well as the Community regulatory environment is simple and of

high quality.

There is in general no foreseeable need for additional regulatory measures at an EU level in addition

to those already planned.

However, as a natural part of an EU maritime sector characterized by good governance, a

recognized need for the introduction of new pieces of legislation should be accompanied by an

impact assessment and a substantial and representative summary of the input received by the

Commission from stakeholders through the process of public consultation. All EU legislation needs

to be based on solid facts and a clear link between the chosen means and the desired ends. When

introducing new regulation, the administrative burdens for businesses, national administrations and

end users should not be increased. If such an increase is unavoidable it must be kept at an absolute

minimum and must be proportionate with the legislative aim. In general, new legislation for

shipping should be of an international nature and its necessity should be based on a formal safety

assessment so as to ensure the above aims. Regulatory work in parallel to the international

initiatives has to be avoided in order for European maritime industries to be competitive.

Regulatory measures, whether they are international or regional, should facilitate new and

innovative solutions and the use of new technologies.

The existing regulatory framework within maritime policy making should be simplified and

adjusted where appropriate in order to enhance competitiveness and to avoid bureaucracy. The

Commission’s initiative to go through its maritime legislation in order to identify possible policy

contradictions or potential synergies, is welcomed. In addition, obsolete, unnecessary growth-

hampering regulation should be removed. The Commission also needs to actively proceed proposals

for further simplifications annually submitted by member States.

A basic condition of obtaining a reduction of the administrative burdens put on the maritime sector

is to measure the administrative burdens related to existing and new legislation by a common

standard cost model and to fix a reduction target specifying a reduction of the administrative

burdens. The Commission’s proposal to reduce the administrative burdens by 25% before 2012 is

an efficient way forward.

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In order to enhance progress and openness, the Commission should annually report to Member

States on the results of their action taken in order to promote specific proposals and to fulfil the

overall aim of better regulation.

As regards the question of justified exclusions of the maritime sector from EU social legislation,

which is also dealt with in the Green Paper, land based solutions are often not useful when it comes

to shipping. The directive on posting of workers and the directive on the transfer of undertakings

are clear examples which spring to mind. Instead, ratification by the EU Member States of the ILO

Maritime Labour Conventions should take place.

On the question of action needed in order to deal with sub-standard flags, the EU Member States

should work in favour of increased openness and transparency in relation to IMO audits and in

favour of mandatory IMO audit. Member States will take whatever action they themselves deem

necessary in order to create incentives to register under their individual flags.

The EU Member States and the Community should support the work on Goal Based Standards

within the IMO and initiatives, which encourage the industry to self regulate, should be supported.

Furthermore, the work in regard to making the Port State control on sub-standard ships more

effective should continue. The new directive on Port State Control should contribute to the

enhancement of safety and the promotion of quality shipping.

As for an optional EU register mentioned by the Commission, this would not contribute any added

value. Whatever incentives in favour of quality shipping which we wish to create within the EU

should be general covering all European ship-owners – not just those who might have chosen to

quality shipping should be supported – such as the revised targeting system of substandard ships in

PSC, by which quality ships get a positive incentive. Other incentives in favour of attracting quality

shipping should be consistent with the community guidelines on state aid. Furthermore, an EU

Community and the Member States.

3. Maximising Quality of Life in Coastal Regions

The Green Paper asks how quality of life in coastal regions can be maintained.

Coastal areas as a place to live and work,

Green Paper question: How can the quality of life in coastal regions of Europe be maintained,

while continuing to develop sustainable income and jobs?

Large parts of Denmark are coastal areas. Therefore development of coastal areas is an integrated

part of the efforts to create economic growth, employment and innovation in all parts of the country.

The Danish programmes under the European Structural Funds are aimed at creating growth and jobs

in all parts of the country. The programmes are implemented by six regional growth foras to support

each forum’s business development strategy. The regional strategies focus on regional development

of good framework conditions for enterprises using new technologies, innovation, entrepreneurship

and development of the human resources.

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Furthermore, the European Rural Development Programme (RDP) and the European Fisheries

Fund programme (EFF) can assist toward promoting new jobs and the quality of life in rural and

fisheries areas. Different kind of measures can be provided in coastal regions according to a local

development plan in the Leader-system as part of RDP and EFF. The measures which can

be included in the local development plan are mainly diversification into non-agricultural or non-

fisheries activities, establishment/development of micro-enterprises, tourism and establishment of

service facilities, renewal in villages and preservation of the natural and cultural heritage.

Sea-related risks and threats

Green Paper question: What must be done to reduce the vulnerability of coastal regions to risks

from floods and erosion? What further cooperation is needed in the EU to respond adequately to

natural disasters? How can our shores and coastal waters be better policed to prevent human

threats?

Marine resources and coastal regions will be affected by climate changes.

No doubt shipping is a highly environmentally friendly form of transport. In spite of the fact that the

maritime sector is not the first/main polluter of the sea, strong efforts have been made to further

improve the safety standards of ships to prevent pollution from ships in order to protect the marine

environment. Recent years have seen some large-scale pollution accidents, which highlight the fact

that the transport of oil and other noxious substances by sea can pose a risk to coastal regions and

the marine environment. Furthermore, the world is facing climate change and although the transport

of goods by sea involves a very limited amount of CO2-emissions when compared to the amount of

tonnage, which is being transported, shipping should also contribute to the reduction of emissions.

In order to address these risks posed to the environment it is of vital importance that the EU

Member States as well as the Commission not only focus on the implementation of the Marine

Strategy at national level, but also are committed to supporting initiatives which are taking place

within the IMO and which will help to alleviate risks. Furthermore, the IMO voluntary audit

scheme should be supported and whenever possible strengthened and made mandatory in order to

ensure that shortcomings in flag states’ fulfilment of requirements are addressed. In addition, input

should be made into the ongoing deliberations on a revision of MARPOL Annex VI regarding air

emissions, and further input is necessary in order to stimulate the debate on CO2 emissions. Even

though the flag state has the primary responsibility, priority should be given to strengthening Port

State Control - where Member States are working both regionally and internationally to enhance

control - and a continued focus should be kept on making sure that IMO Member States fulfil their

obligations.

Recognition of and efficient implementation of flag state responsibilities supplemented by effective

Port State Control measures are means of ensuring safety, the environment and security.

The question of the supply chain complex of problems should be dealt with in a way that takes into

consideration both the domestic EU focus and the international character of EU shipping. If security

measures in the supply chain are to be discussed, maritime transport must be considered as part of

the supply chain. The existing relevant security measures have to be taken into account, for example

the ISPS code.

Bearing in mind the threat of terrorism, it is essential to focus on security as well. The

implementation of the ISPS code is an important step toward increasing security. The code has

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already been implemented for shipping but it might be necessary to take measures within other

modes of transport. Exchange of best practice might be a good idea. There is no need for the

creation of new monitoring systems for ships. Member States should furthermore be encouraged to

ratify the new SUA instruments.

The Member States should work together to ensure well functioning places of refuge and practical

outcomes on Particularly Sensitive Sea Areas (PSSA), taking full account of international guidance

and law of the sea considerations.

Coastal tourism

How can innovation in services and products related to coastal tourism be effectively supported?

What specific measures promoting the sustainable tourism development of coastal regions and

islands should be taken at EU level?

The development and growth in the tourism industry is highly dependant on maintaining an

effective port sector as well as secure, safe and environmentally friendly shipping and an attractive

marine environment. Furthermore, coastal tourism initiatives depend heavily on local geographical

capacities, local knowledge and the ability to offer attractive and differentiated tourism products.

EU action in regard to coastal tourism should therefore make use of the Open Method of

Coordination whereby Member States can benefit from the exchange of best practice.

Managing the Land/Sea Interface

Green Paper question: How can ICZM be successfully implemented? How can the EU best ensure

the continued sustainable development of ports? What role can be played by regional centres of

maritime excellence?

The Commission’s continued focus on a modal shift from land transport to shipping is supported.

The Commission is to present an action plan on freight transport logistics in 2007. Any initiatives

within this area should contribute to increased transport efficiency and not work counter to

international efforts in regard to rules on contractual liability within UNCITRAL.

Increased growth and employment – as sought by the Lisbon strategy – should be ensured in the

development of ports through equal competition within the European ports combined with further

harmonisation of the basis for providing state aid to the European ports. Highly efficient ports will

also contribute to further growth.

In conjunction with the question of development of ports the Green Paper mentions Short Sea

Shipping and Motorways of the Sea as areas, which should be further promoted within an integrated

EU transport system. This should be supported but at the same time it has to be stressed that the

promotion of Short Sea Shipping and Motorways of the Sea needs to be done in such a way that

rules and legislation are in compliance with international regulation (IMO / ILO / ISO). EU funds

should be limited to investments in infrastructure, studies and facilities. Equal access for all

shipping operators needs to be ensured. Distortion of competition must be avoided. Reference is

made to the council conclusions on short sea shipping of the 2772

Council meeting (Transport

Telecommunications and Energy Council meeting of 11 December 2006).

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Successful implementation of ICZM principles should be addressed by the Member States as part

of implementation of the maritime policy.

4. Providing the Tools to Manage our Relations with the Oceans

The Commission believes that better tools for managing the sea should be made available. In

particular it points to a need for better data, it sees a need for the creation of a system of spatial

planning, and it asks according to which principles financial support for coastal regions should be

distributed.

European Marine Data and Observation Network

Green Paper questions: How can a European Marine Observation and Data Network be set up,

maintained and financed on a sustainable basis? Should a comprehensive network of existing and

future vessel tracking systems be developed for the coastal waters of the EU? What data sources

should it use, how would these be integrated, and to whom would it deliver services?

European data sharing and exchange of information in regard to marine data should be encouraged.

At the same time it has to be recalled that important international cooperation takes place on a

global scale, harmonizing methods and standards for all nations, not just for EU member states.

Coordination within the EU should follow already existing agreements and international standards.

As a first step, it is necessary to identify and to catalogue EU's needs and requirements for marine

data and products. It is also important to identify all relevant national and international agencies and

institutes which are a part of the marine data infrastructure which would benefit from an increased

data exchange. This is to avoid duplication of effort and unnecessary competition between relevant

agencies and authorities.

From a shipping point of view there is at present no need for a comprehensive network in addition

to SafeSeaNet. SafeSeaNet in its modular construction is a useful tool to exchange information

between Member States.

Spatial planning

Green Paper questions: What are the principles and mechanisms that should underpin maritime

spatial planning systems? How can systems for planning on land and sea be made compatible?

The EU should facilitate discussion and coordination between Member States sharing the same

Maritime Region or Sub-region on maritime spatial planning, not withstanding the principle of

subsidiarity. This will result in offering guidance including principles as to how Member States

carry out their maritime spatial planning. A way forward could be for the EU to facilitate the

exchange of best practice between Member States and/or the development of best practice at

national/regional/subregional level. A best practice should include guidance for coordination of data

collection to improve planning and mapping of the marine environment. Another best practise

would be the one-stop shop for the preparation of permission for large scale projects at sea. This

includes a consultative procedure among the national authorities, which weighs up and

counterbalances possible conflicting interests at sea. Denmark would be interested in participating

in the formulation of such practices.

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Maritime spatial planning activities must respect the international legislation – particularly

UNCLOS, the SOLAS and COLREG Conventions, and the general principles in IMO’s General

Provisions on Ships’Routeing (Res. A.572(14), as amended).

The Green Paper elsewhere points to the sea transport of energy by tankers as an area which raises

concerns from the perspective of safety and potential environmental impacts of accidents. This is no

doubt true, but when it comes to the proposed creation of guidelines for a dedicated Trans-European

Network (TEN) for hydrocarbons there is reason for concern. Ships routings are to be based on

UNCLOS with the IMO as the competent organisation. If sea transport of energy is to be regulated

it has to be done by the use of international rules. In addition: any action related to the

establishment of (a network of) dedicated and/or mandatory traffic routes should be preceded by (1)

a thorough analysis of the safety-effects of such a measure and (2) a comprehensive cost/benefit

analysis.

Efforts should be made to secure a balance between free passage and management of navigation in

areas where there is an increased risk of accidents. EU Member States should support the work in

the IOPC on promotion of quality shipping.

Financial instruments and Coastal regions

Green Paper questions: How can EU financial instruments best contribute to the achievement of

maritime policy goals? How should maritime policy be reflected in the discussion relating to the

next EU Financial Framework?

Any expenses in regard to the allocation of funds to coastal regions obviously need to be kept

within the framework of the financial perspectives 2007-2013. Funds should primarily be allocated

to projects which will enhance economic growth, employment and innovation. Denmark supports

the thematic - and non-geographical - approach from the Lisbon-Strategy. From a Danish point of

view focus should be on the development of good framework conditions for the enterprises in all

parts of the country using new technologies, innovation, entrepreneurship and the development of

human resources. Because the microzoning approach was abandoned for the programming period

2007-2013 Denmark does not support specific treatment or financial allocations to coastal areas.

Enterprises in the coastal areas will have the same opportunities as enterprises in other geographical

regions

Denmark is of the opinion that funding through the EIB in the coastal areas is already a possibility.

If projects fall under the EIB’s present priorities, such as for example economic and social

cohesion, implementation of the i2i, development of Trans-European and Access Networks, support

for SMEs and environmental sustainability, projects can be considered for funding. Denmark is not

of the opinion that the coastal areas should be a specific priority for the EIB, but will welcome

projects within the coastal areas.

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5. Maritime Governance

The Green Paper puts forward ideas on governance of maritime affairs.

Policy Making within the EU

Green Paper question: How can an integrated approach to maritime affairs be implemented in the

EU? What principles should underlie it? Should an annual conference on best practice in maritime

governance be held?

Any EU action in the field of maritime policy should add value. If it does not, action should be left

to Member States and/or international organisations. Responsibility should rest and action be taken

at EU level in cases where:



there is a clear, evidence-based case for action,

and

impact assessment demonstrates a favourable cost-benefit ratio, such that the principle of

proportionality is satisfied,

and

action by Member States, individually or severally, would clearly be less effective, less

efficient or both,

and

action at global level would clearly be less effective, less efficient or both.

The Commission sets out five general guiding principles for maritime policy making (green paper

p. 37). These principles are supported but should be supplemented with a principle which says that

policy making affecting shipping, shipbuilding and navigation should take place primarily via

international rule making. Maritime policy making should furthermore promote competitiveness,

economic growth, environmental sustainability, employment, and safety and security.

The Commission proposes the creation of a horizontal Council working group alongside COMAR.

There is no need for the creation of such a working group. However, in order to find a common

position a streamlined procedure should be set up to be followed in good time before meetings in

international fora, when fish or fisheries matters are on their agenda.

The EU and the Member States need to have a common vision of what goals to pursue.

When new regulation is introduced it needs to be considered whether it pursues the right goals and

what its consequences will be for all sectors – including for businesses and the environment.

DG TREN’s work on the transformation of the new ILO convention shows that a natural next step

would be for there to be a transfer of competence within the Commission in the field of

occupational health for seafarers to DG TREN.

EMSA

In connection with the question of policy-making within the EU it seems logical to ask if any

changes to EMSA’s tasks ought to be made.

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There seems to be some new areas where EMSA could perform additional roles in a technical and

advisory capacity. New tasks should be designed by an amendment to the existing EMSA

Regulation with

- a clear description of the task, and

- proof that an overall reduction of administrative burdens in Member States is achievable.

Tasks for EMSA could be to



further promote cooperation between maritime administrations, in addition to the mentoring

and partnership arrangements with the new Member States

arrangement of work shops on matters of a more technical kind and thereby train Member

State experts

provision of expert advice on matters of a more technical kind - Often Member States will

lack expert knowledge or resources within certain areas. It could save Member States time

and effort if they could draw upon EMSA expert advice

provision of expertise to the Member States upon request in regard to the implementation of

the HNS Convention

cooperation and dialogue within the area of marine research and the sustained collection of

marine datasets – as mentioned in the Green Paper – seem to involve tasks, which EMSA

could undertake.

The provision of assistance to the Member States in areas where these lack expert knowledge seems

to be a sensible way of complementing or even replacing national obligations and tasks. EMSA

should thus work as a “consultant” to the Member States’ administrations providing analysis upon

request.

EMSA performs a range of duties which have been delegated to it from the Commission and/or the

Member States. An example of this is auditing of Class Societies. It might be considered to give

EMSA an increased role in such areas so that the Member States can withdraw from the quality

assurance role, where these are duplicated today, achieving economies of scale both for the public

sector (by reducing duplication and cost) and for the private sector.

EMSA’s work must

always

be accompanied by openness and transparency in its relations with the

Member States – including when EMSA carries out work for the Commission. EMSA must carry

out its activities in a way that can inspire modern maritime administrations.

The Offshore Activities of Governments

Green Paper questions: How can the EU help to stimulate greater coherence, cost efficiency and

coordination between the activities of government on EU coastal waters? Should an EU coast

guard service be set up? What might be its aim and functions? For what other activities should a

Common European Maritime Space” be developed?

It is essential that whatever needs for coordination, which Member States might identify, take place

in such a way that it respects international conventions such as UNCLOS.

Traditionally, coast guard services consist of a number of different tasks ranging from search and

rescue to border control. It is yet unclear what is meant by an “EU coast guard service”. The

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outcome of the discussion on the study undertaken by the European Commission is therefore

important. Added value should be found in cooperation on a regional level between national coast

guards in stead of establishing parallel coast guard capabilities in addition to those functions, which

the Member States already perform. Moreover, possible initiatives in this field should be coherent

with and coordinated with activities within the EU Agency for the Management of Operational

Cooperation at the External Borders of the Member States of the European Union, Frontex. The

exchange of relevant information between regions may be further enhanced by the future

development of the SafeSeaNet system.

Although the apparent intentions of the Green Paper to promote and facilitate Short Sea Shipping

are welcomed, Denmark is highly sceptical towards the concept of a “Common European Maritime

Space” as it is outlined by the Commission. The development and implementation of such a concept

would be disproportional and even counter-productive to its potential benefits. Its implementation

will hardly be possible witin the context of UNCLOS and will most likely lead to a need for WTO

restrictions on trade in maritime transport services. Shipping is global in nature and the creation of

European regional rules in regard to safety, security and environmental protection will not only be

detrimental to the competitiveness of European shipping. It will also discourage ship-owners from

flying European flags and undermine the global character of existing international regulation and

conventions.

The elimination of administrative burdens on shipping can take place without the creation of a

Common European Maritime Space. It is very important that a simplification and streamlining of

the existing regulatory framework and current procedures takes place in order to enhance overall

efficiency taking into account the principle of the Lisbon Strategy and better regulation.

International Rules for Global Activities

Green Paper questions: How can the EU best bring its weight to bear in international maritime

fora? Should the European Community become a member of more multilateral maritime

organisations? What action should the EU undertake to strengthen international efforts to eliminate

IUU fisheries?How can EU external policy be used to promote a level playing field for the global

maritime economy and the adoption of sustainable maritime policies and practices by third

countries?

Ratification of international conventions

The question of ratification of international conventions needs to be decided upon on a case by case

basis. A strategy involving the automatic Community ratification of adopted conventions is not

desirable.

In those instances where the EU sets in motion the implementation of an international convention

through EU law, the implementing directive should stipulate that ratification and implementation of

the international convention itself will be considered as fulfilment of the directive. That way

Member States will be given the possibility of implementing the directive by ratifying and

implementing the international convention. This will work to improve the rate of ratification of

international conventions among EU countries (cf. the slow pace of ratification of the AFS and

BWM treaties).

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The ratification of the AFS and the BWM conventions should be promoted to ensure that they will

enter into force at an international level.

Membership of the IMO

There has not been support among EU Member States for the Commission’s proposal regarding

Membership of the Community in IMO and it is difficult to see any reasons for introducing such a

change. Arrangements for so-called workload sharing should be maintained and developed. When

the EU acts in an IMO context it should be on the basis of a documented need for such action and

proven added value.

When negotiating in the IMO there should be such flexibility in approach that it allows for “real

negotiations” sur place while respecting Council procedures. The present so-called “handling

paper” of October 2005 ensures that this is the case.

EU external policy

Where possible the EU could link sustainable maritime policies and ratification of international

maritime conventions to the question of access to the EU market in negotiations concerning general

trade agreements. EU external support measures (developing aid) could also give increased priority

to these issues.

Denmark welcomes the consultation paper on the initiatives envisaged by the Commission to

improve the fight of the European Community against Illegal, Unreported and Unregulated (IUU)

fishing (ND 6/07, 11 January 2007). Every aspect to combat IUU fishing should be thoroughly

examined before decisions are taken.

The European countries share a common interest in an enhanced European effort against incidents

of piracy and armed robbery thus securing safe conditions for European ships and seafarers in the

global shipping trade. The momentum created by the November 2005 IMO Assembly resolution

and the March 2006 statement from the UN Security Council offers a natural starting point for

further increased efforts on this important issue.

The EU countries can co-operate actively at a global level including within the IMO to further

enhance the international commitment to the fight against piracy and to explore new modes of

assisting the administrations of relevant third countries to the mutual benefit of both littoral and user

states.

The countries can e.g. support the IMO´s initiatives against piracy and provide technical assistance

through the IMO by participating in regional seminars on e.g. anti-piracy procedures and capacity

building in high-risk areas.

Priority should be given to co-operation and dialogue with the relevant third countries in order to

create the necessary understanding of the seriousness of the problem at hand and the need to act.

However, in addition to this EU external policy measures, e.g. in the form of economic influence

with third countries, can be used to require action to be taken by them to improve security in

relation to piracy and armed robbery, and the prosecution of perpetrators.

International initiatives on ship recycling

Any EU initiatives on the issue of ship recycling must be beneficial to an international solution.

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The work in the MEPC regarding ship recycling should be supported strongly. It should aim to

create one single international ship recycling instrument in the framework of IMO. Experience from

ILO and the Basel Convention should be incorporated. The new instrument should cover ships

generally and will clarify the terms when ships for recycling are transferred between jurisdictions.

In the period until the new instruments have been put into place ship-owners should be encouraged

to continue their work on best practice and guidelines in order to implement the new instruments as

far as possible ensuring an environmentally sound management of the recycling process.

Bilateral boarding agreements

Member States are free to conclude bilateral agreements on boarding and consequently free to

decide whether or not to hand over jurisdiction to other states. There is no need for Community

action in this field.

Trade

No doubt international maritime transport is indispensable as the necessary mode of quick and cost-

efficient transport for the increasingly globalised world trade.

Proactive attempts should be made by the EU – preferably in co-operation with the shipping

industry – to continue to investigate ways in which maritime transport can benefit from

globalisation.

Countries or areas where extended market access is of specific importance from an actual or

potential economic view should continue to be targeted by the Community and the Member States.

Support should be given to continued and active efforts in the field of international shipping policy

to further European interests in global shipping, by e.g. achieving the best possible trade agreements

with third countries representing the most important growth markets.

The interconnection between growth in trade and international maritime transport should be clearly

reflected in EU bilateral trade agreements with third countries. Specific maritime clauses should

form part of the general trade agreements securing open and unrestricted market access including

possibility to establish and cover provision of international maritime transport services, auxiliary

services as well as access to and use of port facilities.

In order to achieve most influence, Member States should be encouraged to involve their shipping

experts in all the relevant negotiation fora within the EU.

The continuous process of cooperation with China is supported. Work on a shipping agreement with

India should continue.

The slow process of the WTO negotiations underlines the need for progress through bilateral

agreements.

UNCLOS and the EEZ

A revision of UNCLOS in order to make it possible for the EU to put further restrictions on free

passage in the EEZ and in international waters cannot be supported.

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International regulation already provides many possibilities to regulate free passage. Therefore, an

EU initiative is neither necessary nor desirable. When and if environmental risks are identified the

Member States should contribute actively to the establishment of international rules, which will

secure an appropriate and adequate balance between today’s concerns of flag states and coastal

states within the context of the IMO.

6. Reclaiming Europe’s Maritime Heritage and Reaffirming Europe’s Maritime Identity

Green Paper question: What action should the EU take to support maritime education and heritage

and to foster a stronger sense of maritime identity?

A new horizontal maritime policy is a way forward to reclaim Europe’s maritime heritage. Such a

heritage calls also for the protection of the environment and the sea based resources. The

implementation of the marine strategy is of paramount importance.

Also, at European level there should be an increased awareness of the importance of shipping, not

only for growth and employment but also for the everyday lives and economic situation of

Europeans. Shipping is what keeps the globalised economy together and thereby promotes

European job creation – both within maritime sectors and other sectors.