POLICY RECOMMENDATIONS Source: European Atlas of the Seas Building the European Ocean of the Macaronesia: a cooperation approach for marine spatial planning.

Executive summary Key policy recommendations:

In the marine environment, physical and natural processes • Focus on the relationships and processes that transverse occur on a much larger scale than the scope covered by the the sea-basin to understand the context of the European marine borders of any one country. According to the Marine Macaronesian Ocean. Spatial Planning Directive (2014/89 / EU), all Member States that share a sea basin must cooperate to ensure that marine • Agree on a shared future for the common sea-basin: together plans are consistent with each other and functional coherent we are stronger to face common challenges. across borders. • Establish a joint and specific management framework for MSP cross-border cooperation. Among the archipelagos of the European Macaronesia there are important social and ecological connections through the • Work within the possibilities of the current governance shared sea. The great extension of maritime jurisdiction of Por- context. tugal and in the marine basin provides us with a mariti- me reality that presents opportunities to cooperate proactively • Exploit already existing mechanisms for cooperation, both, in planning of maritime activities of the archipelagos, and including available opportunities at an international level. in the framing of common mechanisms of marine governance. • Adopt flexible approaches to define transboundary Only in this manner will it be possible to meet common cha- cooperation areas around common interests. llenges, fully exploit the potential for blue growth that these European outermost regions share and secure long term sus- • Begin with the easiest to generate momentum. tainability of the quality of life of the inhabitants of the marine basin. For these reasons, consolidation of the European Maca- • Engage people to create political and social will. ronesian Ocean is proposed. A common space for cooperation • Support cooperation through best available knowledge to where Member States (and third countries) endeavor to achie- improve decision making. ve a shared vision and thus provide effective responses to the maritime challenges they face. • A profitable European Macaronesian Ocean is resource consuming. Page 2 December 2019 - Policy Recommendation December 2019 - Policy Recommendation

THE CONTEXT | What do we need and why? The European Macaronesia marine context.

Before March 31, 2021 all Member manner. This would allow them to be able States must have approved their to efficiently respond to a number of management plans for their marine related themes of common interest which territory, in accordance with the European have no regard for borders. We therefore Directive (2014/89/EU) of marine spatial propose understanding the European planning. In the case of European Macaronesian Ocean as a shared space, Macaronesia, marine plans will be drawn with common ecosystem elements and up for the three European archipelagos: common socio-cultural and political- , and the . administrative aspects (García-Onetti, 2018; García-Sanabria, 2019). Cross-border From a national level, however, it cooperation is proposed as a dialogue is impossible to properly manage the between European institutions, which impact of human activities at sea. This fact look after common interests, facilitating highlights, as established in Article 11 of the blurring of borders or beginning to the Directive itself, the importance and consider them as spaces of union. need for the coordination of competent authorities to ensure coherence within At present, neither Spain nor marine plans, and jointly manage have definitively approved their marine cross-border issues. With all of this in spatial management plans. This represents mind, it is recommended that work is an opportunity to design and establish, not only developed from the MSP, but from the early stages, cooperation tools also to construct two national marine and measures, as well as agreeing on governance systems that, albeit separate, common objectives for the shared marine function in a coordinated and cooperative basin.

Key example Comparing land and maritime jurisdictions surface in the European Macaronesia by State (Km2).

Portugal Spain Land Exclusive Economic Zone (km2) Extended Continental Shelf (km2)

The relative importance of these archipelagos in terms of individual maritime sovereignty is exceptional. Approximately only 3.4% of the Portuguese emerged territory (Azores and Madeira) comprises 82.7% of its offshore maritime sovereignty. In the Spanish case, 1.4% of the emerged territory (which corresponds to the Canary Islands) comprises 46.6% of national maritime sovereignty. All of this translates into enormous potential for the development of blue growth that will be stimulated by the legal-administrative security Source: Macaronesia MarSP Atlas that approved marine plans offer. December 2019 - Policy Recommendation Page 3

Examples of migratory behaviour of bluefin tuna thunnus( thynnus) in the Eastern Atlantic and the Mediterranean. (A) shows how some tunas Key example Fig. 1 (brown dots) do not entry the Mediterratean. (B, C and D) are examples of how bluefin tunas move around the Macaronesian archipelagos waters making them a shared resource. Source: (Chaabani, 2015). Cooperate to

A B ensure the sustainable use of shared resources

The increase in deaths of sperm whale caused by collisions with high- speed ferries in the Canary Islands (Arregui et al., 2019) poses a serious C D risk to the conservation of this species in this archipelago (Fais et al., 2016). As a migratory species, the conservation of its population may also be affected in other archipelagos (El Confidencial, 12/05/2019) which would affect the sustainability of the tourist activity of Source: Alves et al., 2018 (DOI: 10.1111/ddi.12848) whale watching of Madeira and Azores.

MAIN FINDINGS | The European Macaronesia as a socio-ecosystem.

The seas and oceans are a continuous For example, investigation suggests relationships. The common conditions and connected environment, and that the three archipelagos act as a of insularity and isolation have a both natural processes and maritime biological corridor for the migration structural impact on the social and activities occur across maritime of numerous marine species such economic development of the three borders. Thus, the sustainability of the as bluefin tuna (Chaabani, 2015; archipelagos. This provides natural quality of life of the population in the Powers and Fromentin, 2005) or for advantages, vast potential for the European Macaronesia is affected by more than six species of cetaceans development of the blue economy, decisions taken in the archipelagos as (Perrin and Waerebeek, 2007). In and also fosters similar cultural ties well as neighboring countries, due to addition, transfers of resources with the sea. Against this background, the fact that the marine basin behaves occur, as do connections between there are, for example, several projects as a connected socio-ecosystem, the socio-ecosystem of Macaronesia (CLUSTERING or SMART BLUE) financed which, in turn, is linked to other and more distant ones. For example, by the Territorial Cooperation Program socio-ecosystems. In this manner, an increment in fishing pressure on which is specific to Macaronesia. It the future balance of ecosystems, Bluefin tuna in the Mediterranean can is aimed at fostering and creating maritime activities and the well- cause a decrease in catches of this cluster networks among the maritime being of societies in the sea basin are species in Macaronesia, and vice versa. economies of the archipelagos. interconnected by complex socio- ecological processes and affected European Macaronesia not only Interested in more detailed findings? Consult by decisions taken far from where shares ecological relationships, but MarSP report: “Integrated and synthetic diagnosis of consequences become noticeable. also social, cultural and economic the marine spatial planning in the Macaronesia”. Page 4 December 2019 - Policy Recommendation December 2019 - Policy Recommendation

MAIN FINDINGS | The scope of transboundary cooperation in European Macaronesia.

The scope of transboundary which to cooperate are frequently not This means that border areas are cooperation for MSP could include the limited to the spatial area of the border, not identified where there is an entire marine areas in which Portugal but go far beyond it. Even so, it is true exceptional concentration of maritime and Spain are required to develop that the type of border will determine activities or where sectors of each MSP plans. This means that each the administrative aspects to consider country clearly compete for the country must decide on the scope, for the cooperation and coordination same marine resources. In turn, this which could in fact, include all the efforts that must be given to design diminishes the urgency of reaching jurisdictional marine areas claimed by and / or implement the marine plans of bilateral cooperation agreements both countries. the neighboring states. Accordingly, on the sectoral management of in the European Macaronesia there maritime activities. However, the It should be noted that there are are no marine borders established by low conflict scenario also represents certain issues, such as negotiations for mutual agreement (Suárez de Vivero, an opportunity to proactively plan the delimitation by mutual agreement 2019), which may well be an added blue growth according to a long- of the shared marine borders, which are difficulty for achieving spatial and term shared vision for European beyond the scope of work of the MSP. functional coherence of the different Macaronesia while minimizing the To promote cross-border cooperation, marine plans of the basin. emergence of conflicts in the future. it is important clearly understand the However, with such a large delimitation and typology of different marine area (more than 4.3 million Interested in more detailed results? Consult MarSP legal-administrative boundaries in the km2), the degree of interaction report: “Guidance report on transboundary MSP” and “Report of lessons learned and best practices available”. marine environment. That said, it is between maritime sectors of the not indispensable, since the issues on three archipelagos is very low.

MAIN BORDER TYPES Possible scope of transboundary cooperation in the EU Macaronesia. Nº on [Sequence of waters, bed and Fig. 2 the subsoil connected on the jurisdictional borders around the map archipelagos of Macaronesia] Border between the EEZ of the 1 Canary Islands (Spain) – the EEZ of Madeira (Portugal) EEZ Border of the Azores (PT) – 2 High Seas – EEZ of Madeira (PT) EEZ Border of Madeira (PT) – 3 High Seas – EEZ of theCanaries (SP) Border of Madeira/Azores 4 (Portugal) – High Seas – Canary Islands (Spain) Border of Madeira (Portugal)/ 5 Canary Islands (Spain) – Waters around other riparian States Seabed Border of Madeira/ 6 Azores (Portugal)/Canary Islands (Spain) – High seas December 2019 - Policy Recommendation Page 5

MAIN FINDINGS | Different MSP process paces and marine governance frameworks to manage a common sea basin.

At present, the institutional in European Macaronesia. In the first the national authority of Portugal). structure is not adapted to efficiently place, while the Madeira region has In Spain, the competences for the manage the complex and dynamic already developed its MSP plan, that maritime sectors are distributed reality of the marine environment, and of the Azores is in its advanced stages among different institutions. neither to address the development and that of the Canary Islands is in its The majority, including those for of emerging maritime sectors. initial phase. Secondly, we find that preparing marine management This situation translates into the Portugal usually concentrates most plan for the Canary Islands marine overlapping of regulations, sectoral of its competences for maritime demarcation, is held nationally. This institutions and competencies, which sectors under the same institution, means that these different marine are sometimes difficult to clarify. The the Ministry of the Sea. Similarly, the governance frameworks result, management of the maritime sectors Azores and Madeira have the same not only in dissimilar capacities to is governed by different regulatory, institution to manage their marine influence decision-making for MSP in authority and administrative affairs. In addition, the autonomous the Macaronesian archipelagos, but frameworks, which makes it difficult regions of the Azores and Madeira also different administrative paces for to achieve spatial and functional have greater autonomy and can responding to the management of the coherence of the different marine extend their powers up to 200 surrounding marine environment. plans of the basin. nautical miles, covering the respective exclusive economic zones (EEZs) and Interested in more detailed results? Consult MarSP In this sense, there are very different are responsible for their own MSP report: “MSP governance analysis of the European paces and structures of government processes (always in coordination with Macaronesia”.

Fig. 3 Main MSP competent authorities at a national and regional scale for the European Macaronesia. Page 6 December 2019 - Policy Recommendation December 2019 - Policy Recommendation

MAIN FINDINGS | Existing mechanism to promote cross-border cooperation. As neighboring countries, Portugal and Spain, already have mechanisms and political declarations to cooperate on maritime matters of common interest. These constitute the basic context, establishing the limitations and opportunities on which to build more complex cooperation mechanisms:

3

Joint projects 1 Joint projects such as those carried out from the Operational Program Agreements, treaties and of Territorial Cooperation INTERREG V-A Spain-Portugal MAC (POMAC), allow for response to the most immediate common challenges. community regulations

After being signed by both countries, these become 4 catalysts towards common goals. However, it should Non-permanent mechanisms be noted that many These serve as spaces for dialogue to agree on long-term common international conventions policies and promote common interests of the parties. Some examples that act on European are the Hispano-Lusa or Iberian Summit held annually, the Atlantic Macaronesia, such as Parliamentary Days that periodically brings together a legislative the OSPAR Convention, representation from Madeira, the Azores, the Canary Islands and Cape consider this as a Verde, or the annual Conference of Presidents of the European ORs. fragmented socio-ecosystem not applicable to the whole field. Examples of treaties and conventions that fragment the Fig. 4 transboundary cooperation scope of the EU Macaronesia.

2

Bilateral agreements

These are a starting point for cooperation and collaboration in specific and transversal issues. Some examples are the fishing agreement of 2012 for the artisanal fishing fleet of Madeira and the Canary Islands, and the Agreement on Oceanographic Cooperation of 1971. December 2019 - Policy Recommendation Page 7

MAIN FINDINGS | Consensus among maritime stakeholders of the Azores, Madeira and the Canary Islands

Fig. 5 Assessment of maritime affairs according to their importance for cross-border cooperation in the EU Macaronesia.

The participatory processes to cooperation are (1) conservation, (2) as priorities when considering basic diagnose and promote cross-border marine research, (3) fishing and (4) and fundamental components to cooperation in European Macaronesia maritime traffic. To develop these subsequently progress in other demonstrate the existence of a issues, maritime actors highlighted sectoral issues such as conservation broad consensus among maritime the need to adopt common responses and protection of the marine actors of the three archipelagos. through the strengthening of a joint environment, fishing, monitoring of These coincide with the issues of marine governance system, existing illegal activities or maritime rescue. greatest interest for cooperation research networks and technical and how to develop them. Maritime training networks for marine spatial Interested in more detailed results? Consult MarSP issues of interest for cross-border planning. These issues were identified report:. “Identifying natural leaders and experts to propose working groups”. Page 8 December 2019 - Policy Recommendation December 2019 - Policy Recommendation

RECOMMENDATIONS | Key policy recommendations

The Marine Spatial Planning Directive allows Member States themselves to establish how to cooperate across borders in the marine environment based on their needs, peculiarities and their own governance frameworks. However, following the analysis carried out during the MarSP project, a series of recommendations have emerged for consideration for the promotion of cross-border cooperation between Portugal and Spain and their respective archipelagos. Interested in more detailed results? Consult MarSP report: “Guidance report on transboundary MSP”

1 a consensual and participatory manner, parties legitimizes initiatives and fosters between the parties for the European long-term commitment (regardless Focus on the relationships and Macaronesia, would lay the foundations of political cycles and changes in the processes that transverse the sea- for cross-border cooperation. In turn, institutional organizational chart) it would serve as a guide to improve during planning, implementation basin in order to understand the coherence between the marine plans of and monitoring. Adapting existing context of the European Ocean of Portugal and Spain. This type of progress mechanisms or agencies and increasing the Macaronesia would be sound and sustainable in their competences can help build To cooperate to build the manner, allowing for the use and greater trust and commitment, while Macaronesian Ocean implies to assume preservation of a proper functioning of simplifying the consensus work for their it is a shared socio-ecosystem, with ecosystems and the quality of life of the configuration. However, the creation of common elements, both ecological, inhabitants. a new responsible body allows flexible social, economic and political. Besides, configuration for both its scope and its it entails recognizing that there are specific competencies. problems that must be addressed from a regional perspective, e.g. due Key message to spatial separation between causes Key message and consequences, for example. Clearly and consensually Furthermore, cooperation efforts must defines governance In the long term, a common consider the structural conditions such mechanisms legitimized vision for European as remoteness, insularity and territorial by the parties. For Macaronesia can support fragmentation that condition similarly example, a bilateral and guide the development the MSP processes of the archipelagos. regional body would of a blue economy as well facilitate a cross-border as sustainable preservation cooperation processes. of the quality of life in the region. Key message

Beyond cross-border interactions, the outermost archipelagos of 4 European Macaronesia could collaborate to address their shared structural constraints. Work within the possibilities of the governance context

2 3 When establishing common objectives for Macaronesia, it is Agree on a common future for Establish a joint and specific necessary to understand and consider the sea-basin: together we are governance framework for MSP the limitations and opportunities established by the regulatory bodies stronger to face shared challenges cross-border cooperation and administrative structures of both Portugal and Spain. Governance Building a shared vision in the In order to promote cross-border frameworks will determine to what long term and developing strategic cooperation in European Macaronesia, extent certain areas of interest for cross- instruments (for example, a policy or the establishment of a consensus border cooperation can be managed by strategy for the Macaronesian Sea) in marine governance system between the mutual agreement, or governed jointly. December 2019 - Policy Recommendation Page 9

5 administrative boundaries is a politically 8 sensitive issue on which no agreements Exploit the existing have been reached. By focusing Engage the people to create mechanisms for cooperation cooperation efforts around these political and social will boundaries can result in early stagnation of collaborative activity. It is therefore Cross-border cooperation It is necessary to involve different advisable to define and work on matters processes must consolidate through maritime sectors in public participation of common interest (instead of spaces) existing initiatives and mechanisms to identify cross-border priority issues, as and devote sufficient time for internal and take advantage of collaborative well as promote their empowerment and discussion (without legal significance) to initiatives and structures that have support for marine cooperation and planning unlock politically sensitive issues. already been created. In this manner, initiatives. Reflecting the reality of problems promoting cross-border cooperation and needs of the outermost archipelagos, for marine planning implies trust and is frequently difficult and highly complex solid relationships created between Key message when they are considered within a broader parties and institutional links already national, or regional political framework. established, all with the ultimate goal Therefore, the participation of the island of continuing to progress towards In the area of European communities is important to not only avoid a greater process of cross-border Macaronesia, it is advisable conflict between local and national policies, to focus cross-border governance. but to ensure that the established objectives cooperation efforts on issues respond adequately to cross-border issues. It that target the common interest of the marine basin is essential to create meeting spaces to state and not on marine borders. positions and create understanding through Key message the public participation of the different maritime actors and competent authorities of New initiatives for cross- each jurisdiction. border cooperation should be built on pre-existing 7 mechanisms to make efficient use of resources and Key message take advantage of previous Begin with the easiest to results and achievements. generate inertia Frequently, the main By working initially on issues of common challenge is not so much interest with easy resolution contributes to in the formulation and building trust between parties and enables formal adoption of policies or plans of good technical 6 them to gradually unlock new issues, or quality, but in obtaining more ambitious and complex cooperation sufficient political and opportunities. For this reason, the Cross- Adopt flexible approaches social support so that they Border Cooperation Pilot Program (see are correctly implemented to define transboundary full program in the related MarSP report) in practice (Olsen, 1993). cooperation areas around developed during the MarSP project, in a common interests participatory manner between the maritime sectors of the three archipelagos, is proposed as a common starting point to facilitate the The type of legal-administrative beginning of initiatives for the process of limitation will affect the applicable legal bilateral cooperation in the sea basin. regime and condition the possibilities Key message of the cooperation process. Therefore, having clearly defined sea borders A Cross-Border Cooperation Pilot Program for MSP supported by all will provide greater legal certainty parties will allow to test management and collaboration mechanisms to MSP processes and cross-border and generate inertia to move towards a coherent governance system cooperation. However, in European for the European Ocean of the Macaronesia. Macaronesia the delimitation of legal- Page 10 December 2019 - Policy Recommendation December 2019 - Policy Recommendation

9 Key message Support cooperation through manner and maritime planning done best available knowledge to It is necessary to establish based on marine ecosystems that information needs based on are coordinated across borders. As improve decision making the issues to be managed, as well as being orientated to the long well as to design a common term, the proper functioning of cross- In order to support cross-border information platform border cooperation mechanisms cooperation and joint decision- avoiding making data requires sufficient financial and human making based on reliable information collection an end in itself. resources. for all parties, it is necessary to have a common and agreed information system. This will favor effective planning and management of cross- 10 Key message border issues. However, the collection, detail, quality, space and time range It is necessary to provide the of data may vary greatly across Invest to create a profitable competent authorities with jurisdictions. Therefore, it is useful to European Ocean of the sufficient resources, both establish protocols for the exchange of Macaronesia. financial and human, in a sustained manner over time. data between the parties and improve This is the only way to ensure coherence and standardization The blue economy has already been an adequate implementation of relevant information, both of recognized as one of the essential of all phases of the marine socio-economic activities and engines for the prosperity of nations, spatial planning process, oceanographic variables, but also of and will become increasingly important including cross-border policy and governance frameworks in the future. For this reason, resources cooperation. and mechanisms. need to be used in a sustainable

Create the European Ocean of the Macaronesia

The philosophy of integration that underlies the project is transferable to the marine region of the European Macaronesia. This must, therefore, stimulate collaborative efforts for the adoption of a broader and more comprehensive management of a territory that is already shared (European). It is therefore necessary to consider the importance of generating sufficient political and social will to ensure that cross- border cooperation becomes a transversal and institutionalized axis within the processes of marine spatial planning in the European Macaronesia.

Sources of reference: About this Policy Recommendations Related MarSP project reports of this policy brief: This publication was supervised by MarSP consortium and produced D.6.1. Diagnosis of the European Macaronsesia socio-ecosystem. by the University of Cádiz and the University of Seville. The key D.6.3. Guidance report on transboundary MSP. research results presented here were supervised by researchers from D.6.4. Lessons learned and good practice´s report on MSP. the MarSP project. The present policy recommendations do not D.6.5. MSP Governance Analysis of the European Macaronesia. necessarily reflect the views of the organisations or MarSP partners D.6.6. Identifying natural leaders and experts to propose working involved or the European Comminssion. groups. D.6.8. Proposing Pilot projects. Recommended reference: D.6.9. MarSP ATLAS of the Macaronesia. García Sanabria J, García Onetti J, Cordero Penín V, De Andrés M, Pallero Flores C, Barragán Muñoz JM, Arcila Garrido M. 2019. Building The scientific publications referred in this policy brief can be found the European Ocean of the Macaronesia: a cooperation approach in the above reports. To access these reports visit “www.marsp.eu/ for marine spatial planning. Deliverable - D.6.7., under the WP6 results”; or contact through: [email protected] of MarSP: Macaronesian Maritime Spatial Planning project (GA nº EASME/EMFF/2016/1.2.1.6/03SI2.763106). Design and layout by Víctor Cordero Penín