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Miljöministeriet Ministry of the Environment Lojuly 2019 VN/6594

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Miljöministeriet Ministry of the Environment Lojuly 2019 VN/6594 Ympäristöministeriö Miljöministeriet Date Ministry of the Environment lOJuly 2019 VN/6594/2018 Ministry of the Environment of Estonia Narva mnt 7a 15172 TALLI N N ESTONIA [email protected] Your ref. 20 May 2019 No 7-12/7635-12 Finland's response to the notification concerning the Draft of the Estonian Maritime Spatial Pian and the description of its environmental impacts On 20 May, the Ministry of the Environment received a notification f ro m the Estonian environmental authorities concerning the Draft of the Estonian Maritime Spatial Pian (MPS) and a description of its environmental impacts. The objective of maritime spatial planning is to agree on the long-term principles of use of the Estonian marine a rea in order to attain and maintain a good status of the marine environment and promote the maritime economy. On 20 December 2018, Finland announced that it vvould participate in the environmental assessment of the Estonian Maritime Spatial Pian. The environmental assessment is carried out based on the Protocol on Strategic Environmental Assessment appended to the UN Economic Commission for Europe Convention on Environmental Impact Assessment in a Transboundary Context (the Espoo Convention). According to the Protocol, Finland has the right to participate in the environmental assessment of a pian or programme to be implemented in another State if the implementation of the pian or programme vvould have significant environmental impacts on Finland. This means that authorities, residents and communities in Finland have the opportunity to issue statements and opinions concerning the Estonian Maritime Spatial Pian and its environmental assessment. Under the Act on the Environmental Impact Assessment of Authorities' Plans and Programmes (200/2005), the Ministry of the Environment shall look after the notification and negotiation tasks related to the environmental assessment of the pian or programme with the State in question. In their notification, the Estonian environmental authorities requested comments and opinions on the Draft of the Estonian Maritime Spatial Pian and the description of its environmental impacts. The Ministry of the Environment has asked the authorities, residents and communities to provide statements and opinions on the MSP draft material sent by Estonia. The material has been made available on the lausuntopalvelu.fi vvebsite. Information about the material has also been communicated to the public in the form of an announcement in the Official Journal, and the material has been available at the Registry of the Ministry of the Environment and on the Ministry’s vvebsite. During the consultation period f ro m 4 June to 3 July 2019, statements on the MSP draft were issued by the Ministry of Economic Affairs and Employment of Finland, the Ministry of Transport and Communications, the Ministry of Foreign Affairs of Finland, the Ministry of Agriculture and Forestry of Finland, the Ministry of the Interior, Metsähallitus (a state-owned enterprise), Geological Survey of Finland, Finnish Heritage Agency, Helsinki-Uusimaa Regional Council, Regional Council of Kymenlaakso, Regional Council of Southwest Finland, Government of Äland, City of Helsinki, Finnish Shipowners's Association, the Finnish Transport Infrastructure Agency, the Federation of Finnish Fisheries Associations, Natural Resources Institute and Navy Command of Finnish Navy. The statements received are enclosed in their entirety. PO Box 35, FI-00023 GOVERNMENT, FINLAND • www.ym.fi 2 Based on the statements received, and reflecting its own vievvs, the Ministry of the Environment wishes to emphasise that the Ministry considers the Draft of the Estonian Maritime Spatiai Pian to be generally informative and clear. The MPS provides a good summary of various activities in marine areas, their current status, challenges and environmental impacts. The Ministry of the Environment is pleased that the starting point for preparing the draft pian has been attaining and maintaining a good status of the marine environment. The Ministry of the Environment is also pleased that the pian aims to categorically protect the most important breeding areas for fish and to prohibit travvling in areas where the vvater is shallovver than 20 metres. Hovvever, it is not clear based on the draft pian vvhether the protection of breeding areas applies to the breeding areas of ali fish species or oniy those of Commercial fish, or to those of only certain species. The location of fish farms seems to be concentrated mainly on to deep, open marine areas, vvhich in itself does not reduce nutrient loads, but may decrease the local impact on the environment. The draft pian places a great deal of focus on protecting fish breeding areas. The draft pian could take into account other biodiversity conservation measures and the operation of ecosystems as well. The draft pian should also pay closer attention to the requirements of the EU Marine Strategy Framevvork Directive, so as not to jeopardise the ability to achieve a good status of the marine environment. The approach to the location of wind power is systematic. The objective has been to propose areas for wind povver that vvould keep its impacts on the environment and natural values as minimal as possible, vvhile also taking into account economic conditions. When it comes to offshore wind povver, hovvever, in addition to marine conservation areas and bird migration routes, the draft pian should take into account the State of the marine environment as a vvhole, including undervvater organisms and habitats, as well as endangered organisms and habitats. This type of approach is vital for achieving a good State of the marine environment. The Ministry of the Environment takes notice of the fact that the significant need for additional areas for several forms of use of the sea has been defined as minimal. The draft pian focuses on new forms of use, such as aquaculture and energy production. However, energy Production, in this case offshore wind power, is strongly connected to infrastructure on the seabed, along with telecommunications structures and cabling for the energy network. The need for additional area for certain new forms of use wili therefore not necessarily be minimal, but rather significant. As others also indicated in their statements, the Ministry of the Environment wishes to highlight that there are plans to build an underwater railway tunnel between Helsinki and Tallinn, and that this may have significant environmental impacts on Estonia and Finland. The Ministry of the Environment emphasises the importance of carrying out the development project in question in a way that involves an extensive analysis of its content, a thorough study of the location and an impact assessment, as well as a feasibility study. Based on the Estonian MSP draft, it is partially unclear whether the planning of the use is based on an integrated approach as required under the Maritime Spatiai Planning Directive, or if the planning has been sector-specific, with the locations of different types of use being decided on without integrated spatiai planning. The draft pian could provide a stronger description of the ecosystem approach as a cross-cutting principle throughout the pian. The Ministry of the Environment emphasises that, in practice, it is not possible to achieve a good State of the marine environment without reducing the pressure on the marine environment, organisms and habitats. To achieve this, it would be good to have access to inventory and research data on underwater marine biodiversity when guiding the planning of the location of offshore wind power and aquaculture. When planning the projects, it is also useful to carry out an environmental impact assessment and take into account the matters highlighted in the assessment in the decision-making 3 concerning the projects. Furthermore, spatial data relating to the use of marine areas should be taken into account in planning as well. Summary of the statements The Ministry of Transport and Communications States that vvhen it comes to infrastructure on the seabed, the locations of the cables or infrastructure are not precisely defined due to the general nature of the pian and the related statutory requirements. This is due to the f a et that the draft pian does not define new areas for infrastructure to be built on the seabed, nor does it alter the current practices, meaning that the implementation of the pian will not cause other environmental effeets. The Ministry takes notice of the planned permanent connection between Tallinn and Helsinki mentioned in the draft pian, and is in agreement with the view presented in the pian, according to which the development project in question will require a thorough analysis, careful study of location, and analyses of feasibility and viability. The Ministry has a favourable opinion of the view presented in the pian stating that connections with neighbouring countries will be prepared based on agreements between the governments of the countries in question. The Ministry for Foreign Affairs States that the Draft of the Estonian Maritime Spatial Pian contains many elements that will have a positive effeet on the cooperation between Finland and Estonia. These include the issues discussed in the draft concerning maritime transport and infrastructure located on the seabed, for instance. The Ministry for Foreign Affairs is of the opinion that particularly the permanent infrastructure under the Gulf of Finland will require various degrees of coordination between the Finnish and Estonian authorities. It is the view of the Ministry that there are currently sufficient mechanisms in place for coordination between the two countries' ministries of the environment, among others. At the same time, the environmental impact assessment process concerning the planned tunnel between Helsinki and Tallinn, for instance, has shown that there are significant differences between Finland and Estonia when it comes to the preparation process. For this reason, it is of utmost importance for both parties to have a good understanding of the contentof the planning process of the other party.
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