ICZM legal framework

ROLE AND RESPONSIBILITIES OF THE NATIONAL COMMITTEE OF

THE COASTAL ZONE AND ITS PERMANENT

TECHNICAL SECRETARIAT

Theory and practice

ICZM legal framework

• Emergency Ordinance No. 202/2002 regarding coastal zone management (under modifying);

• Government Decision No.1015/2004 regarding the Regulations of the National Committee of the Coastal Zone;

• Government Decision No.749/2004 stipulates the responsibilities, criteria and the delineation manner of the land stripe close to the coastal zone to preserve the environment, patrimonial and landscape values close to the shore;

• Government Decision No.5467/2004 regarding the approval of the methodology for delineation of public state domain in the coastal zone

Integrated Coastal Zone Management in Romania

- Romania is the only Black Sea country having special legal and institutional framework for ICZM

- Cooperation with the Black Sea Commission is provided through the ICZM Advisory Group

- The ICZM process in Romania facilitates the implementation of the EC ICZM Recommendation, WFD and other water related Directives

- Instrument for ensuring sustainable development in the Coastal Zone

- Draft ICZM strategy (and other documents) are prepared- More than 70% of the Romanian coastline has a

protected status (Danube delta biosphere reserve etc.)

ICZM institutional framework• Structure- National Committee of the Coastal Zone

(NCCZ);- Permanent Technical Secretariat of the National

Committee of the Coastal Zone (PTS);- Thematic Working Groups (WG);• Coordination

- The coordination of ICZM process and NCCZ is provided by Ministry of Environment and Sustainable Development.

Representatives in the National Committee of the Coastal Zone

1. Dobrogea – Littoral Basin Committee;2. Ministry of Environment and Sustainable Development (2);3. Ministry of Transport, Buildings and Tourism (2);4. Ministry of Economy and Trade;5. Ministry of Culture;6. Ministry of Health (2);7. Ministry of Agriculture, Forests and Rural Development (2);8. Ministry of National Defense (2);9. Ministry of Internal Affairs (2);10. Ministry of Education and Research;11. Constantza County Prefecture;

12. Tulcea County Prefecture;13. Constantza County Council;14. Tulcea County Council;15. Constantza Environment Protection Agency;16. Tulcea Environment Protection Agency;17. National Institute for Marine Research and Development “Grigore Antipa”;18. National Administration Romanian Waters - Dobrogea Littoral Water Directorate;19. Romanian Academy;20. Danube Delta Biosphere Reserve Administration;15 City Halls of localities located along the coastal zone; 5 NGO’s.

In total, there are 40 organizations represented in NCCZ.There are 46 representatives.

Main responsibilities of NCCZ

• Endorsing the plans regarding integrated coastal zone management and local and regional spatial planning;

• Endorsing the studies regarding environment impact of activities having an important impact in the coastal zone as well as the environment audit for the existing ones;

• Endorsing the projects regarding establishing of natural parks and reserves.

• NCCZ through PTS, is empowered to inform the competent organizations about critical situations in the coastal zone which need rehabilitation actions and initiating of specific projects.

Role of Ministry of Environment and Sustainable Development:

• chairs the NCCZ;• coordinates the Permanent Technical

Secretariat (PTS) of NCCZ through the National Institute for Marine Research and Development “Grigore Antipa” Constantza (NIMRD);

• gives technical points of view on projects discussed by NCCZ through Dobrogea Littoral Water Directorate (DADL).

Responsibilities of Permanent Technical Secretariat

• Prepare documentation for NCCZ / WG debates;• Organise NCCZ meetings, public debates and other

related activities;• Prepare correspondence regarding NCCZ current

activity, according to adopted decisions;• Communication issues (responding to interested persons

about any problem regarding NCCZ tasks, except the ones upon NCCZ has not adopted any decision yet);

• Prepare reports/ minutes from NCCZ/WG meetings and public debates;

• Drafting the NCCZ yearly working programme.

The subsidiary bodies of NCCZ consist of 6 Working Groups (WG):WG 1: WG for delineation of the coastal zone,

urbanism and spatial planning;WG 2: WG for prevention of damages of the coastal zone

due to coastal erosion, land slides and other accidents;WG 3: WG for preparing technical and legal documents for

the coastal area;WG 4: WG for establishing policies, strategies and

action plans needed for integrated management of the coastal zone;

WG 5: WG for integrated environment monitoring and surveillance of activities in the coastal zone;

WG 6: WG for information and communication.

Summary of NCCZ Regulation

• The activities of NCCZ are achieved in working meetings;• The meetings are organized at least once a year;• The statutory meeting needs the presence of 2/3

representatives of NCCZ;• The venue and agenda of the meeting should be notified

10 days before by PTS;• Decision should be adopted by simple majority of

participants;• The minutes of each meeting should be elaborated and

transmitted to the NCCZ members within 30 days, by the PTS

NCCZ in practice

• Meetings now every month, many projects:– Procedure for which projects need advice is unclear:

too many (small/irrelevant to ICZM) projects are discussed.

– Procedure for timing of advice from NCCZ unclear: before or after carrying out EIA and/or approval from local authorities?

• Difficult to gather 2/3 of representatives (46 persons/40 organisations). Therefore often delays of meetings, resulting in pressure from project owners.

PTS and WGs in practice

• No budget for PTS / WGs: all work done on ‘voluntary’ basis by NIMRD and DADL.

• Now only 2 WGs established. Procedures unclear: officially members of NCCZ are members of WG, while specific experts are needed.

• PTS only administrative role, wishes a more technical supportive role as well.

• Inventory of tasks of NCCZ: Existing law requires elaboration of >40 tasks resulting in legal-technical documents by various govt. institutions. WGs and PTS to prepare drafts.

Photo archive

THANK YOU FOR YOUR ATTENTION!

Questions to ICPDR

• Managing internal working process (from working plan to concrete actions)

• Expert Groups; who is in it, working methods, interaction with TS and other bodies, financial basis (meetings and activities)

• Technical Secretariat: administrative vs. technical tasks i.r.t. expert groups

• Reflection on problems of NCCZ: do you have similar (past) experience and advice on priority steps?