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The Regulation of the Federal Ministry of Transport, Building and Urban Development (BMVBS) on spatial planning in the German Exclusive Economic Zone (EEZ) in the Baltic Sea came into effect on 10 December 2009 (Federal Law Gazette BGBI. I, p. 3861). The Regulation of the BMVBS on spatial planning in the German EEZ in the North Sea has already been applied on 26 September 2009 (Federal Law Gazette BGBl. I, p. 3107). These regulations define for the first time the legal planning basis for the various usages and functions of the German EEZ in the North and Baltic Sea. They regulate the interests of the offshore wind energy industry, the traditional marine industries (fishing, shipping, raw materials extraction, laying of submarine cables and pipes, aquaculture), scientific research and marine environmental protection. The spatial plans thus give improved planning security to projects to exploit offshore wind energy and reduce the potential for conflict between the various utilization and protection interests at sea.
The spatial plans for the German EEZ in the North and Baltic Sea were drawn up by the BMVBS with the support of the Federal Maritime and Hydrographic Agency (BSH) and define priority areas for offshore wind energy, shipping and the laying of pipes and submarine cables. The North Sea EEZ Spatial Plan gives offshore wind energy top priority over all other interests in the three priority areas “Östlich Austerngrund”, “Nördlich Borkum” and “Südlich Amrumbank”. Any utilization not compatible with the exploitation of offshore wind energy is excluded in these areas. The Baltic Sea EEZ Spatial Plan reserves the areas called “Kriegers Flak” and “Westlich Adlergrund” for offshore wind energy industry only.
To satisfy the German government's scale-up target for offshore wind energy (approx. 25,000 MW by the year 2030), wind energy projects may also be approved outside the priority areas, preferably in the white areas of the spatial plans. Offshore wind parks outside the priority areas which have already been approved are not affected by spatial plans: the approval is still valid and the parks can be erected as planned.
The spatial plans establish the following general rules for offshore wind parks in the German EEZ:
The German EEZ is the marine area stretching from the seaward edge of the 12 nautical mile zone to a maximum of the 200 nautical mile line. Several groups claim the right to use parts of this area, e.g. for nature conservation, traffic separation, fishing, yachting or military exercises. The German government decides how the EEZ is to be used, basing its decision on an assessment of public and private interests. A comprehensive spatial plan did not exist for the EEZ until September 2009; the interests of the various users were managed on the basis of special planning laws and regulations, e.g. the offshore installations regulations (Seeanlagenverordnung).
Conflicts have arisen in the past few years from new, often disparate ways of using marine areas, e.g. for Natura 2000 protection zones, aquaculture areas, and particularly offshore wind energy. The BSH had already designated three first marine areas as suitable areas for the development of offshore wind energy at the end of 2005: “Nördlich Borkum” in the North Sea and “Kriegers Flak” and “Westlich Adlergrund” in the Baltic Sea . This decision was based on a detailed assessment of the safety of shipping and the marine environment. The assessment has since been viewed as a positive expert opinion when evaluating applications for the development of wind parks in the suitable areas.
The regulations on marine spatial planning minimize the various conflicts which might arise regarding the use of areas in the EEZ and controls the exploitation of the EEZ in the long term. Aspects of sustainability are also taken into account.