Abstract
The Dogger Bank is a potential transboundary marine protected area (MPA) located in Dutch, German, Danish and UK waters. International and EU legal instruments contain provisions requiring cooperation during the designation and pro- tection/management of the Dogger Bank as an MPA. Many of the cooperation requirements are not specified; therefore, Member States are left with a certain discretion as to the extent and form of the implementation of the required cooperation. Since this cooperation began taking place, the required standards seem to be being met. However, the exact meaning of the requirement for cooperation included in the Marine Strategy Framework Directive (MSFD) is questionable; it remains to be seen whether the current cooperation complies with this Directive. In order to optimise the current cooperation practice, an increasing role for the European Commission (EC) and the Habitats Committee within the process of the designation and management of the Dogger Bank as an MPA could be strived for. Furthermore, when looking at the relevant legal instru- ments an amendment of Oslo-Paris (OSPAR) Recommendation 2003/3 provides an option to further establish a specific legal basis for cooperation.
Highlights
IntroductionThe designation and protection/management of marine protected areas (MPAs) among other means, are being used to improve the environmental situation in the North Sea. Currently a protected area is considered by the International Union for Conservation of Nature (IUCN) as ‘[a] clearly defined geographical space, recognised, dedicated and managed, through legal or other effective means, to achieve the long-term conservation of nature with associated ecosystem services and cultural values’.2
The designation and protection/management of marine protected areas (MPAs) among other means, are being used to improve the environmental situation in the North Sea.1 Currently a protected area is considered by the International Union for Conservation of Nature (IUCN) as ‘[a] clearly defined geographical space, recognised, dedicated and managed, through legal or other effective means, to achieve the long-term conservation of nature with associated ecosystem services and cultural values’.2Because of the transboundary nature of the marine environment, ecologically important sites that cross state boundaries exist, such as the Dogger Bank; the Dogger Bank is located in the exclusive economic zone (EEZ) of Germany, the UK, Denmark and the Netherlands
Many of the cooperation requirements are not specified; Member States are left with a certain discretion as to the extent and form of the implementation of the required cooperation
Summary
The designation and protection/management of marine protected areas (MPAs) among other means, are being used to improve the environmental situation in the North Sea. Currently a protected area is considered by the International Union for Conservation of Nature (IUCN) as ‘[a] clearly defined geographical space, recognised, dedicated and managed, through legal or other effective means, to achieve the long-term conservation of nature with associated ecosystem services and cultural values’.2. Because of the transboundary nature of the marine environment, ecologically important sites that cross state boundaries exist, such as the Dogger Bank; the Dogger Bank is located in the exclusive economic zone (EEZ) of Germany, the UK, Denmark and the Netherlands It can be described as a shallow sea area in the southern central North Sea which is about 300 km in extension and ranges in depth between 18 to more 40 meters.. This article will consider the question of how the Member States could proceed in order to optimise transboundary cooperation regarding the designation and protection/management of the Dogger Bank.
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