MSFD and public participation: NGO experiences Ann Dom, Deputy Director adom@seas-at-risk.org DG ENV workshop, Brussels, 22 September 2014

Legal basis for public participation Aarhus Convention: public participation, access to information, access to justice Marine Strategy Framework Directive – Article 19, Preamble 36, ecosystem based management Directive 2003/4/EC on public access to environmental information. Directive 2003/35/EC on public participation when drawing up certain plans and programmes relating to the environment. Strategic Environmental Assessment (SEA) Directive Environmental Impact Assessment in a Trans-boundary Context (the Espoo Convention) and the Protocol on Strategic Environmental Assessment Maritime Spatial Planning Directive 29 July 2019

Joint NGO efforts SAR workshop April 2012 Joint guidance documents for NGOs - Public participation on Article 8, 9, 10 (2012) – targets, GES 2012 survey: NGO experiences with Article 8, 9, 10 consultation and participation Coalition Clean Baltic: carried out own article 12 assessment with members SAR workshop March 2014 – Article 12 and PoMs Joint NGO paper - Priorities for programmes of measures, including public participation (2014) 29 July 2019

2012 questionnaire on Article 8, 9, 10 Timing of the public consultation: 59% of respondents indicated that their country involved stakeholders at the end of the reporting process, while 26% stated that stakeholders were involved from the start of the process. A Dutch NGO reported that the Dutch consultation took place during the entire process. Length of the consultation period: more than half (59%) of the NGOs considered the time given for the consultation was sufficient. 30% felt it was insufficient, while the rest pointed out that while time was sufficient, this was offset by the complexity of the reports Promotion: 52% of respondents felt that the public consultation was well publicized among the public and NGOs. 37% did not agree with this. Some pointed out that the process was well known to NGOs and other stakeholders but not the general public. Accessibility of the reports: 56% felt the reports were written in an accessible manner, while 33% disagreed. Some pointed out that the reports were accessible to stakeholders but not the general public or that they were too complex. Content: concerns about poor GES description, weak targets, lacks in coordination 29 July 2019

Experiences shared in 2014 Consultation period: varies from a couple of weeks to a number of months. In a few countries countries NGOs felt excluded from the process. Sometimes, stakeholder meetings are held for several sub-regions, each with a different consultation procedure, as well as at national level, followed by public participation, also jointly with the WFD. It is difficult to follow all the processes, especially since these sometimes use different methods. Different involvement of NGOs and general public, maybe also different methods needed? Awareness raising important. Most communication via website and direct contacts with NGOs. Little upfront dialogue. Working groups do not always include NGOs. Some countries document and make publicly available the outcome of the public consultation. Often lack of feedback as to how the comments of the public consultation were taken on board, or why not. Black Sea region: is a particularly difficult region– also due to political issues. The deadlines are changing all the time and no or little public consultation is taking place. Most stakeholders lack awareness of MSFD. The Danube is a big issue, with a big impact on the Black Sea, and involving many countries. Baltic Sea region: some countries had very open discussions, in others the results are not public. Most NGOs lack the capacity or knowledge about the Directive. 29 July 2019

NGO capacities The public? Lacks of capacity in terms of staff and budget Not all have expertise on all descriptors Marine not always high on list of organisation’s priorities Lack of awareness The public? 29 July 2019

Good practice suggestions Building on NGO experiences and on existing guidance eg WFD guidance, PISCES, SEA National implementation Participation Consultation Access to information EU and Regional Seas Conventions 29 July 2019

Foster active involvement – it is never too early! Recognise the role of stakeholders in MSFD implementation. Identify and include all stakeholders (industry, fishermen, NGOs, …) and make clear the parameters of engagement, i.e. clarify the form of public participation what the role of those involved is. Involve stakeholders at the start of the development of the PoM and ensure that the public can express comments and opinions when all options are open, i.e. before decisions on the programmes are made. Plan ahead to ensure that stakeholders have the capacity to participate when the opportunity is provided. Develop a roadmap /notebook integrating the outcomes of each step, the public and experts feedbacks. Encourage active involvement at all scales where activities take place to implement the Directive. Appoint dedicated staff to facilitate and provide continuous support for public participation in MSFD implementation and involve specially trained professionals to facilitate the process. Use appropriate means and techniques to involve interested parties at all levels. Invite stakeholders to national government meetings and workshops. 29 July 2019

Organise effective consultation Underpin the public consultation by a firm commitment by government, e.g. by profiling and communicating it as a national core event. Use various channels of communication to inform the public about the consultation and activate participation e.g. through information meetings, online discussion fora, direct engagement with NGOs and industry associations. Ensure the consistency with other public participation processes (such as the Water Framework Directive). Provide sufficient time for the consultation period, e.g. 3 months seems a minimum, given the complexity of the issues. In making decisions on the final PoM, take due account of the results of the public consultation. Inform the public about the decisions taken (i.e. the PoM that has been adopted), including a statement summarising how the opinions expressed and the results of consultations have been taken into account (or not). 29 July 2019

Access to information Keep a list of available information with key elements for enabling the information take-up. Assign one central information or knowledge centre responsible for information management and dissemination. Actively disseminate environmental information, including the draft PoM, the cost effectiveness analysis, Impact Assessment and strategic environmental assessment (if applicable). Ensure that information is tailored to the various target groups, i.e. include summaries as well as more detailed information. Include an overview of exceptions (as defined under Article 14.1 and 14.4) in the PoM and the public consultation with an explanation on how these were identified. 29 July 2019

EU and regional seas level Lead the way in encouraging citizen engagement in marine matters, by actively raising awareness of pressures on the marine environment and the role of the MSFD, e.g. by setting through a public awareness campaign, involving social media, local media and community groups and NGOs. Develop good practice guidance and facilitate exchange of experiences on public participation in the context of the MSFD by organising e.g. European and regional workshops. Draw upon key examples of effective stakeholder engagement at sub-regional scales and consider opportunities to apply lessons learned across Europe’s seas. Evaluate public participation processes and bring these to the agenda of the Marine Strategy Coordination Group and the RSCs. Make a publically accessible internet portal in order to link work of the countries, RSCs and the EU and with all information in relation to the implementation of the MSFD and related marine planning. Make publicly available all relevant information regarding the ‘coherent and representative network of marine protected areas’ in order to inform stakeholder participation in site designation. 29 July 2019

Some food for thought How is ‘the public’ defined / identified? What is ‘early’? What is an appropriate time frame? What is effective? Does the public participation improve the programme? How to make information accessible, to NGOs as well as public? How can NGO / public awareness be raised? Transparency: how are the responses to the public consultation used? Feedback? How can GES and targets be improved to enhance accountability? How can NGO capacities be enhanced? Coordination: what about trans-boundary consultations e.g. for a regional seas? How to combine with WFD (and other)? Why do some countries apply strategic environmental assessment and others not? How does public participation fit in the common implementation strategy? What about the ‘Aarhus’ right of access to justice? 29 July 2019

Thank you! adom@seas-at-risk.org