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ASSESSMENT REPORT (Part II)

The State of the Wadden Sea and the Implementation of the Esbjerg Declaration


The 7th Trilateral Governmental Conference of the Wadden Sea
Leeuwarden, November 30, 1994

Table of Contents:

Part I:


1 Introduction

2 Status of the Wadden Sea Ecosystem

2.1 Introduction
2.2 Pollution
2.3 Disturbance
2.4 Habitat changes and destruction
2.5 Combined effects
2.6 Status of important species

Part II:

3 Status of the Implementation of the Esbjerg Declaration
3.1 Introduction
3.2 Common principles
3.3 Common objectives

4 Conclusions
4.1 Assessment of the ecological state of the Wadden Sea
4.2 Progress in the implementation of the Esbjerg Declaration

ASSESSMENT REPORT

Part II:

Chapter 3 and 4

.
3 STATUS OF IMPLEMENTATION OF THE ESBJERG DECLARATION

3.1 Introduction


As indicated in the introduction, the Esbjerg Declaration entails common principles which include a guiding principle and a specification of these principles in terms of management, and common objectives which entail agreements on the most important human activities in the area, and agreements on initiatives in international fora. In the following, an overview is given on the implementation of these principles and objectives by the countries.


3.2 Common principles

The guiding principle of the trilateral Wadden Sea policy is to achieve, as far as possible, a natural and sustainable ecosystem in which natural processes proceed in an undisturbed way.

This principle aims at
(i)maintaining the water movements and the attendant geomorphological and pedological processes;
(ii)improving the quality of water, sediment and air to levels that are not harmful for the ecosystem;
(iii)safeguarding and optimizing the conditions for flora and fauna including
-preservation of the Wadden Sea as a nursery area for North Sea fish;
-conservation of the feeding, breeding, moulting and roosting areas of birds, and the birth and resting areas of seals as well as the prevention of disturbance in these areas;-
conservation of the salt marshes and dunes;
(iv)maintaining the scenic qualities of the landscape, in particular the variety of landscape types and the specific features of the wide, open scenery including the perception of nature and landscape.


The Guiding Principle has been implemented in all three countries and was the starting point for the elaboration of the Ecotargets.


The common policies as laid down in the Joint Declaration on the Protection of the Wadden Sea from 1982, will be further implemented based on:

(i)the Principle of Careful Decision Making, i.e. to take decisions on the basis of the best available information;
(ii)the Principle of Avoidance, i.e. activities which are potentially damaging to the Wadden Sea should be avoided;
(iii)the Precautionary Principle, i.e. to take action to avoid activities which are assumed to have significant damaging impact on the environment, even where there is no sufficient scientific evidence to prove a causal link between activities and their impact;
(iv)the Principle of Translocation, i.e. to translocate activities which are harmful to the Wadden Sea environment to areas where they will cause less environmental impact;
(v)the Principle of Compensation, i.e. that the harmful effect of activities which cannot be avoided, must be balanced by compensatory measures; in those parts of the Wadden Sea where the Principle has not yet been implemented compensatory measures will be aimed for;
(vi)the Principle of Restoration, i.e. that, where possible, parts of the Wadden Sea should be restored if it can be demonstrated by reference studies that the actual situation is not optimal, and that the original state is likely to be re-established;
(vii)the Principles of Best Available Technology and Best Environmental Practice, as defined by the Paris Commission.

The common principles are applied in the national decision making process in Germany and Denmark. In The Netherlands, the principles guided the formulation of policy statements in the PKB. The principles will also be applied in The Netherlands to take decisions on new activities or the modification of existing activities.


The participants agree to address a set of common ecological targets and a comprehensive set of measures to achieve these targets at the 7th Trilateral Governmental Conference.


An ad-hoc trilateral working group, the Ecotarget Group (ETG), developed proposals for common ecological targets. In line with the Guiding Principle, the proposed targets aim at increasing the dynamics and the naturalness of the processes in the Wadden Sea ecosystem. The targets are a starting point for the common management strategy.


The participants agree to undertake the necessary steps to establish a coherent special conservation area covered by a coordinated management plan for the Wadden Sea, stretching from Esbjerg to Den Helder, taking into account especially the requirements of the EC Bird Directive 79/409/EC, the forthcoming Habitat Directive and the Ramsar Convention.


The ad-hoc trilateral Habitat Working Group, worked out a proposal for the designation of the Coherent Special Conservation Area (CSCA) under the EC Habitat Directive. The group made an inventory of habitats and developed a proposal for the delimitation of the CSCA on the basis of ecological features of the Wadden Sea.
The ad-hoc trilateral Management Working Group elaborated starting points for the coordinated management plan.


3.3 Common objectives

The participants underline that the main aim of the trilateral cooperation is the protection of the Wadden Sea as a nature area. The participants are conscious that the Wadden Sea area is an area where people live, work and recreate and that in this respect there is a need for a common strategy for the human use of the area, based upon the above principles.

They therefore agree:

SEA DEFENCE, SALT MARSH MANAGEMENT AND DUNE PROTECTION


To further harmonize the interests of nature protection and sea defence measures, taking into account that the safety of the inhabitants is essential and to this end

to prohibit, in principle, embankment and to minimize unavoidable loss of biotopes by sea defence measures;

In The Netherlands, this paragraph has been implemented in the Dutch Key Planning Note (PKB). Concessions for reclamation will not be issued. Small scale modifications are not excluded.
In Germany, the paragraph has been implemented by the Federal Nature Conservation Act through the Nature Conservation Laws of Niedersachsen and Schleswig-Holstein and the National Park Law of Hamburg.
In Denmark, the decision has been implemented by the Statutory Order on Nature and Wildlife Reserves, the Nature Protection Act and the Planning Act.

to adequately protect salt marshes and dunes in order to allow natural processes to take place within these habitats, with special emphasis on flora and fauna; In The Netherlands, nature management aims at achieving a natural ecosystem with as little human intervention as possible. For the maintenance of salt marshes and sand dikes, exceptions are made.

In Germany, the protection of salt marshes and dunes is provided for in the Nature Conservation Laws of Schleswig-Holstein and Lower Saxony and the National Park Law of Hamburg.

In Denmark, protection of salt marshes and dunes is provided for in the Nature Protection Act.


to aim for the restoration of salt marshes by opening summer dikes, provided that it fits into the ecological target of the region;


In The Netherlands, plans for the opening of summer dikes have been developed. It is the aim of policy to extend the salt marsh area west of Holwerd.

In Lower Saxony, the implementation is planned in the National Park Ordinance. In Hamburg, plans for the island Neuwerk are in preparation. In Schleswig-Holstein, there is no intention to open summer dikes, because the only existing summer dikes protect the halligen.

In Denmark, there are no summer dikes.


to apply best environmental practice in salt marsh and dune protection and development;


In The Netherlands, conservation and an eventual expansion of salt marshes will be carried out according to best environmental practice. The Netherlands have carried out offshore sand suppletion pilot projects for the protection of the island dunes. The sand dikes on the islands will be maintained in an extensive way with the aim of protecting the island salt marshes.

In Germany, the protection of salt marshes and dunes is provided for in the Nature Conservation Acts of Schleswig-Holstein and Lower Saxony and the National Park Act of Hamburg. Furthermore, according to the federal Nature Protection Act and the corresponding federal acts, any impact on salt marshes and dunes is forbidden.

In Denmark, natural processes in the salt marshes, outside the security zone of 250-300 m, will not be interrupted. The grazing regime is presently under discussion.


to stop the application of fertilizers and pesticides and other toxic substances on the salt marshes.


In The Netherlands, this paragraph has been implemented in the state-owned salt marshes and the salt marshes, managed by nature conservation bodies.

Germany: in Lower Saxony, this paragraph has been implemented in 90% of the national park area (state-owned salt marshes). In Hamburg, the application of fertilizers and toxic substances is prohibited by the National Park Act. In the Schleswig-Holstein National Park, no such substances are being or have been used.

In Denmark on the natural forelands and the forelands beyond a 100-m zone from the dikes, no fertilizers and toxic substances are used.
HARBOR AND INDUSTRIAL FACILITIES

To avoid new, not yet approved plans for the extension or major modifications of harbor and industrial facilities immediately adjacent to the Wadden Sea. In principle such measures should only be allowed to take place at inland sites and under strict environmental conditions according to applicable law.


In The Netherlands, the agreed policy was implemented in the Wadden Sea Memorandum. Industrial facilities may be extended on the following conditions:-
they must comply with national environmental criteria;
- they must be constructed in such a way that in case of calamities the damage to the Wadden Sea is not irrevocable.

In Germany, the extension of existing harbors within or directly adjacent to the national parks are prohibited. Plans exist to construct a new harbor at Rysumer Nacken in the Ems-Dollart, which is outside the Niedersachsen Wadden Sea National Park, to partly supersede the Emden harbor. Currently, based on an environmental impact assessment, three alternatives are in a physical planning procedure two of which are located in the estuary itself.

In Denmark, plans for the extension of the Esbjerg harbor were approved prior to the Esbjerg Conference.


SHIPPING

To increase their efforts towards the elimination of operational pollution and the minimization of accidental discharges by

the establishment of a system to provide information concerning vessels carrying hazardous substances;


The Netherlands will introduce a 'ships reporting and tracking system for the Dutch Wadden Sea' and complete the Wadden Sea Traffic Information System by 1995.

Germany reports that the EU Council of Transport Ministers adopted a reporting obligation for vessels carrying hazardous goods, which enter European harbors and which will be effective as of September 1995.

In Denmark, the obligations ensuing from this objective are regarded as being fulfilled with the implementation of relevant EU regulations.


reducing the incineration of ships operational garbage and enforcing disposal on the shore;

The Netherlands report that this subject is in discussion within the International Maritime Organization (IMO) in relation to the negotiations on the Air Pollution Annex to the Marpol Convention. The Netherlands hold the position that incineration of ships' operational garbage is the second-best option, provided that it is strictly regulated.

Germany supports the ongoing work within the IMO to include the prohibition of incineration of ships generated wastes inside ports and in territorial waters. This provision will be part of the new Annex of the Marpol Convention on the prevention of air pollution by ships, which is now in preparation.

Denmark has, in cooperation with other Baltic states, made a proposal to the IMO to forbid the incineration of ships' operational garbage in harbors and territorial waters.


making available adequate facilities for the reception of harmful wastes and garbage from ships in the Wadden Sea ports at reasonable costs or without charging the individual ship, ensuring that the best environmental objectives are met and that high standards of service are performed;


In the Dutch Wadden Sea Memorandum, it is indicated that there shall be sufficient and adequate facilities for the reception of harmful wastes and garbage from ships in the legally designated Wadden Sea harbors.

In an extensive project, the free-of-charge reception of Marpol-Annex-I substances was made possible in German ports over the period 1988-1991. During this period, sufficient reception facilities have been established to meet the needs of ships.
Germany proposes to the 4th North Sea Conference to agree on a harmonized fee system applicable to reception facilities within the ports of the North Sea states.

In Denmark, this paragraph is covered by existing Danish regulations.


imposing speed limits within the Wadden Sea where such are deemed necessary by the authorities responsible, taking safety and environmental factors into account;


In The Netherlands, a speed limit of 20 km/h will be imposed on recreational boats outside the designated shipping lanes.

In the framework of the German National Park Shipping Regulation, a speed limit of 8 knots (15 km/h) for the zones 1 of the national parks, outside the designated shipping routes, has been fixed. Further provisions are currently discussed in parliament.

In the Danish Wadden Sea, a speed limit of 10 knots (18.5 km/h) is applicable outside designated shipping lanes.


prohibiting hovercraft within the Wadden Sea; this item will be discussed again at the next Wadden Sea Governmental Conference;


In all three countries the use of hovercraft is prohibited to the same extent, which means that hovercraft are only allowed in the main shipping lanes.

welcoming the initiative of The Netherlands within the IMO, which aims at adequate measures to minimize the detrimental effects of lipophilic substances as soon as possible, recognizing the harmful effects these substances have on sea- and coastal birds.


The Netherlands report that within the IMO there was no support for a binding regulation on the discharge of lipophilic substances. However, the IMO has adopted a circulaire (MEPC/circ. 274 14 June 1994) which issues recommendations to reduce the problem of detrimental effects of lipophilic substances.


DREDGING ACTIVITIES


To welcome the "Guidelines for the Management of dredged material", which have been adopted by the Oslo Commission in its meeting in June 1991 and to fully implement these guidelines in the Wadden Sea and to this end

to cooperate in developing national criteria with regard to dredging operations and disposal of dredged material in accordance with these guidelines;
to consider the need to harmonize these sets of criteria if differences based on natural variations in sediment quality arise.


In all three countries, the guidelines have been elaborated nationally. An informal agreement to exchange information has been made between national representatives in the SACSA.


ENERGY RESOURCES

Exploration and exploitation of oil and gas


To limit those offshore activities that have an adverse impact on the Wadden Sea environment and to this end

to aim at avoiding the construction of new installations until 1994 and to allow for exemptions only where energy supply interests prevail over adverse environmental impacts; with regard to existing rights and concessions the participants will strive and appeal energetically to the companies to refrain from exerting these rights (moratorium);
to evaluate this approach at the next Governmental Wadden Sea Conference;


The moratorium for gas drilling in the Dutch Wadden Sea within the area defined under the Wadden Sea Memorandum expired in January 1994. An agreement has been made between the concessionaires and the Dutch cabinet that exploitation of gas resources within the Memorandum area will only be undertaken from sites outside the Memorandum Area. Permission for exploration drilling will be granted within the Memorandum Area if it can be documented by the companies that exploitation from outside the area, the mainland and the off-shore zone, is possible. The concessionaires indicated a total of 21 prospects, 11 of which are located within the area. It has been estimated that two of these prospects south of the island of Terschelling cannot be exploited from outside the area and three will be exploited from the existing installation at Zuidwal.
The agreement is entailed in a partial revision of the Wadden Sea Memorandum, which entered into force in 1994.

Following the above decision, an agreement was made between the Lower Saxon Government and the concessionaire to carry out exploration drilling for gas outside the boundaries of the Lower Saxon National Park in the German part of the Ems-estuary. The exploration drilling have been carried out unsuccessfully in 1992-93.

The existing installation at Mittelplate in the Schleswig-Holstein Wadden Sea, which was operating in a pilot exploitation phase until 1993, has been granted permission for exploitation until 2011. Several drillings have been carried out from this installation.
The concessionaires do not plan exploration and exploitation activities within the boundaries of the Lower Saxon Wadden Sea National Park. The exploration and exploitation of oil and gas is prohibited in the Hamburg Wadden Sea National Park.

The exploration and exploitation of gas and oil is prohibited in the Danish Wadden Sea Nature Reserve. The offshore boundary is 3 sea miles, however, no exploration and exploitation has taken place or is planned within the 12 sea mile zone


to apply zero-discharges immediately or at the latest whenever existing exploration and exploitation rights are to be renewed;


Zero-discharges are applied at all installations in the Dutch and German Wadden Sea with the exception of the installation at Mittelplate in Schleswig-Holstein, where a discharge of rain and drainage water below 10 ppm oil substance is allowed after the granting of the permanent permission for exploitation until 2011.
The exploration and exploitation of oil and gas is forbidden in the Danish Wadden Sea.


to make the exploration and exploitation of energy resources in the adjacent areas of the North Sea up to 12 nautical miles offshore in principle subject to zero-discharges into the sea of oil contaminated cuttings and to use the best practicable means of cleaning of other contaminated cuttings and substances;


In The Netherlands, the discharge of oil contaminated cuttings is forbidden since 1-1-93. Preparations are under way for an agreement between the Dutch government and the industry, which inter alia includes measures for the reuse of chemicals and the substitution of the application of hazardous substances by non-hazardous substances.
In the relevant German and Danish areas, there are no installations.

to avoid in principle the construction of new pipelines and the planning of new location lines, unless already approved, and to allow exemptions only if they can be justified by considerable environmental and energy supply interests in consideration of the common good;


According to the Wadden Sea Memorandum, the construction of pipelines in the Dutch part of the Wadden Sea for the supply of gas and oil shall not be issued unless (inter)national interests prevail. The construction of new public utility pipelines shall be kept to a minimum.

The Europipe gas pipeline is under construction through the Lower Saxon National Park. The construction of the gas pipeline has been allowed at high additional costs as an exemption from the National Park Ordinance in accordance with the exemption indicated in the paragraph.

Since the approval of the Esbjerg Declaration, neither have there plans been approved for the construction of pipelines , nor do actual plans exist in Denmark to do so.

to only carry out seismic investigations in the Wadden Sea using the best available methods and at such times so as to ensure a minimal disturbance of fish, birds and seals.


Seismic investigations in the conceded area of the Dutch part of the Wadden Sea adhere to the provisions indicated in the agreement mentioned under 10.1/10.2. Seismic investigations in the non-conceded areas shall be considered after a voluntary eia.

Since the responsible authorities in Schleswig-Holstein have indicated that no further permissions for exploration and exploitation will be granted within the Wadden Sea National Park, permissions for seismic investigations are hence also not considered. In the Lower Saxon Wadden Sea National Park, exemptions can be granted on the basis of the Ordinance and the State Nature Conservation Act.

Seismic investigations are not allowed in the Danish Nature and Wildlife Reserve Wadden Sea.


Wind energy

To acknowledge the basically positive contribution of wind energy with regard to the environment and nature conservation, and also acknowledge the conservation of birds and the scenic quality of the landscape when generating wind energy and to this end

to prohibit the construction of wind turbines in the Wadden Sea seaward of the seawalls and the coastline;


The construction of wind turbines will not be allowed in the Dutch Wadden Sea Memorandum Area.

In the Lower Saxon National Park, the construction of wind turbines is prohibited, but exemptions are possible, for example on the islands.

The construction of wind turbines are not allowed in the Hamburg and the Schleswig-Holstein national parks.
The construction of wind turbines is prohibited in the Danish Nature and Wildlife Reserve Wadden Sea.


to take into particular consideration the maintenance and protection of the Wadden Sea's overall character regarding ecology and scenic quality, in the framework of individual assessments, when wind energy installations are constructed on the islands and in a zone adjacent to the Wadden Sea.


In all areas of the Wadden Sea, on the islands and the mainland, policies are in force concerning the construction of wind turbines and wind turbine parks, taking into consideration the ecological conditions and the landscape values. There are, however, substantial differences in the way of how such a policy has been implemented.
In the draft policy plan of the Dutch Wadden Sea provinces, the construction of wind turbines up to 1 km seaward from the barrier islands is forbidden.


EXTRACTION OF SAND AND CLAY

To minimize the impact of the extraction of sand and clay in the Wadden Sea in order to meet the aims of undisturbed sedimentation processes, and to this end

to limit the extraction of sand to the dredging and maintenance of shipping lanes or for sea defence purposes, preferably combining these two activities, or to take measures aiming at such a situation in considerable parts of the Wadden Sea;


Extraction of sand for commercial use on a limited scale is currently only undertaken in the Dutch part of the Wadden Sea and, in Lower Saxony, in the outer Jade and the outer Weser. Investigations in The Netherlands will be initiated to explore whether it is possible to limit the extraction to dredging and maintenance of shipping lanes and sea defence purposes only.


to only use sand from the North Sea for the supplementation of sand lost from the coasts of the barrier islands;


This objective is implemented, where appropriate, for all barrier islands. In The Netherlands, it is not allowed to extract sand from the sea inlets between the islands.


to allow the small scale extraction of clay for sea-defence measures in cases of urgent and sudden need only in cases where no other deposits are available behind the dikes.


The objective has been implemented in all parts of the Wadden Sea or corresponds with current practice.


FISHERIES

Cockle fishery


To be aware of the negative ecological effects caused by the cockle fishery, that cockle fishery will be ended in the German part of the Wadden Sea by 01.03.92, and that cockle fishery in Denmark will only be carried out in quite specific, well-defined areas.


Cockle fisheries are forbidden in the national park areas of the German Wadden Sea as of 1 March 1992.

In the Danish Wadden Sea, three small areas in the Grådyb may be fished on a one-area-per-year basis. Within each area, fishing is only permitted during one season (1-31 August and 1 November-1 March) out of four successive seasons. Every season, a maximum fishing quota will be fixed for the designated area.


To limit or reduce the negative ecological effects of cockle fishery in the Dutch part of the Wadden Sea by

closing permanently considerable parts including intertidal and subtidal areas;


Starting in 1993, 26% of the tidal flats, inclusive the interjacent gullies, have been closed for cockle fisheries. Cockle fisheries will be further restricted when food shortages for birds become apparent. In 1998, it will be decided whether a further extension of the closed area is necessary.


taking appropriate technical and management measures.

The number of licenses for mechanical fisheries will not be increased. The number of licenses for manual collection will be reduced by not renewing existing licenses. The manual collection for private consumption is limited to 10 kg per person per day. In years with food shortages for birds, 60 % of the available stock will be reserved for the birds. These measures have also been laid down in a management plan, drawn up by the shellfish fisheries sector itself. The sector will also try to reduce the fishing effort by reducing the number of vessels and by imposing a maximum allowable engine capacity. Areas with less than 1 year old cockles will be avoided. In addition, four areas have been selected where the development of natural mussel beds can be expected and where cockle fishing will not take place.


Mussel fishery

To limit the negative ecological impact of mussel fishery on the Wadden Sea environment and to this end

to close considerable parts of the Wadden Sea, including intertidal and subtidal areas.


Starting in 1993, 26% of the tidal flats of the Dutch Wadden Sea, inclusive the interjacent gullies, have been closed for mussel seed fisheries. In years with food shortages for birds, 60 % of the available stock will be reserved for the birds. In 1998, it will be decided whether a further extension of the closed area is necessary. In the management plan, drawn up and carried out by the shellfish fishery sector, a seed mussel quota system has been agreed. The sector will make an effort to achieve its annual production figure with as little seed mussels as possible. Furthermore, natural mussel beds will be given a chance to develop.

In the Lower Saxon National Park, some small fishery-free areas have been designated in the framework of the National Park Ordinance. In addition a large area between Weser and Ems is mussel fishery free according to an administrative agreement.
Mussel fishery is forbidden in the Hamburg National Park.
In Schleswig-Holstein, restrictions are set to licenses and areas. A relocation of mussel culture plots to areas outside zone 1 of the National Park is envisaged for 1994/95. A concept for mussel culture and fishery is under development.

Mussel fishery in the Danish Wadden Sea is forbidden in some 50% of the tidal area east of the islands. In addition, a minimum marketable size of 5 cm has been set for tidal flat mussels.


Fin-fish fisheries

To express concern about the incidental bycatch of marine mammals in fishing gears, and to investigate possibilities for technical improvements to minimize this threat to wildlife in the Wadden Sea.


According to the Dutch Memorandum on Sea and Coastal Fishery, the use of certain types of fyke nets is forbidden in the Wadden Sea. As of March 1994, fyke nets, which are allowed, must be equipped with devices preventing the entering of marine mammals.

According to the Agreement on the Conservation of Small Cetaceans of the Baltic and North Seas (Ascobans), the prevention of incidental bycatch requires the development of modified methods and devices for fishing. The German Commission for Marine Research (DWK) has been asked to discuss the issue and to see to it that it is made subject to consultations within the ICES framework. Furthermore, the European Commission has been asked by Germany to strive, as far as necessary, for diminishing the bycatch by developing adequate catching equipment. In Denmark, the development of acoustical and other technical devices to prevent bycatch, is under discussion.


RECREATION


To maintain the recreational values of the Wadden Sea area and to this end

to establish zones covering the most sensitive areas where no recreational activities including excursion ships and recreational boating is allowed;


In all areas of the Wadden Sea, zones have been established in which recreational activities including shipping is prohibited.

In the Dutch part of the Wadden Sea, areas have also been closed for navigation during part of the year or the whole year according to Section 17 of the Dutch Nature Conservation Act.

The majority of the seal nursing places and birds' moulting and staging areas in the German part of the Wadden Sea are protected as seal and bird reserves, where shipping is prohibited part of the year or the whole year. They do not cover the whole of the zone-1 area. Shipping is prohibited, where appropriate, in general in the zone-1 areas only during the 6 hrs of low tide.


to concentrate recreation pressure by allowing ships to stay only within 200 m of the nearest channel at low water; This objective has only been implemented in the Dutch Wadden Sea through the Nature Conservation Act, and in zone 1 of the German national parks. It needs further consideration in the remaining parts of the Wadden Sea.

to impose a speed limit on recreational boats outside the designated shipping routes;


A general speed limit of 20 km/h has been introduced in the Dutch Wadden Sea outside of designated shipping lanes.

The speed limit of 15 km/h is only valid for the zone 1 of the German national parks with the exception of designated routes. Currently, the introduction of a speed limit for the whole area of the national parks is under negotiation.

A 10-knot-speed limit is in force in the Danish Wadden Sea outside of the main shipping routes.


to prohibit the use of hovercraft and jet scooters;


The use of hovercraft and jet scooters is prohibited in the Dutch and Danish parts of the Wadden Sea within the designated Nature Reserve, national parks and the Memorandum Area. Exemptions for the use of hovercraft can be granted as indicated under § 8.5. Hovercraft are forbidden in the German part of the Wadden Sea. Jet scooters are only forbidden in the zones 1 of the national parks.

to limit the use of jet skis, water skis and similar motorized equipment to small designated areas;


The use of waterskis in the Dutch Wadden Sea is allowed only in two small, defined areas. The use of jet skis, jet scooters and similar equipment is prohibited in the State Nature Reserve. In the German Wadden Sea, the use of such equipment is prohibited only in the zones 1 of the national parks. In the Danish Wadden Sea, the use of such equipment is prohibited.


to avoid new marinas and to allow extension of the existing marina capacity only within the approved levels.


The objective has been implemented in national policies.
In The Netherlands, the extension of the marina capacity is generally restricted to the overnight visitors' capacity.


HUNTING

To reduce the disturbance to wildlife caused by hunting in the Wadden Sea area, and to this end

to progressively phase out hunting of migratory species in the Wadden Sea;

to evaluate the issue at the next Governmental Conference;

to allow hunting of non-migratory species only if it can be made clear that migratory species are not harmed;


Hunting of migratory species will be phased out in the Dutch part of the Wadden Sea and in most of the nature areas, both on the islands and on the mainland. Since September 1994, there has been a trade ban on migratory species, except widgeons. There is an agreement of the Dutch government and the hunting organizations to further reduce hunting of geese species and, to that end, elaborate management plans within two years.

Hunting on the major parts of the tidal flats in the Lower Saxon Wadden Sea National Park has been phased out and will totally be terminated by the end of 1994. In coastal salt marshes and on the islands, hunting on waterfowl is in some parts forbidden and in the remaining areas restricted to a maximum of ten days/annum in zone 1 of the National Park. The process of phasing out this kind of hunting is ongoing through a successive changing of the leases.

Hunting is prohibited in the Hamburg Wadden Sea National Park.

Hunting in the remaining leased areas in the Schleswig-Holstein National Park will be phased out by 2000. However, an agreement not to hunt in these areas has been introduced.

Hunting in the Danish Wadden Sea will be progressively phased out until 1998, in accordance with the above objectives. However, the possibilities for hunting in the Wadden Sea on an ecologically sustainable basis have been investigated by the Danish Wadden Sea Advisory Board. A management strategy for hunting in the Danish Wadden Sea will be presented at the TGC-7.

to prohibit the use of lead pellets in the Wadden Sea area by February 1993.


The use of lead pellets is prohibited in Denmark and The Netherlands. In Germany, an agreement has been reached between the Hunting Association and the Federal Ministry for Food, Agriculture and Forestry to recommend a ban on the use of lead pellets for hunting waterfowl in areas with low sedimentation rate. In case of non compliance with this recommendation it will be considered to introduce a specific legal ban.


CIVIL AIR TRAFFIC

To limit the impact of civil air traffic on the Wadden Sea, and to this end

to prohibit the building of new civil airports in the Wadden Sea area;

to restrict the rebuilding and expansion of existing civil airports in the Wadden Sea area to cases where this is essential in order to increase the safety of air traffic;


These decisions have been implemented for the Dutch PKB area.
There are currently no plans for the construction of new airports or the reconstruction or expansion of existing ones in The Wadden Sea area.


to establish a minimum flight altitude of 1500 to 2000 feet (450 - 600 m) in the Wadden Sea area and to establish flight corridors in less vulnerable parts of the area, where a minimum flight altitude of 700 feet (210 m) on working days and 1000 feet (300 m) during weekends is valid;


The indicated flight altitudes and flight corridors have not yet been fully implemented by the countries. In The Netherlands and Denmark, an executive order is in preparation to implement the objectives. In Germany, an agreement has been made between the German aero club and the national park administrations to maintain a flight altitude of 2000 feet in the national parks.


to prohibit the use of ultra-light aircraft in the Wadden Sea area with the exception of scientific and enforcement purposes; this item will be discussed again at the next Wadden Sea Governmental Conference;


This objective has been implemented in the PKB part of the Dutch Wadden Sea. According to the Noise Nuisance Act, the use of ultra-light aircraft over most of the Wadden Sea is forbidden.
The objective has not yet been implemented in Germany.
In the Danish part of the Wadden Sea, the objective will be implemented in the aforementioned planned executive order.


to establish helicopter flight routes and altitudes in such a way that disturbance to wildlife is minimized;


This objective has been implemented in the Dutch Wadden Sea. It will be regulated by an Order in Council under the Aviation Act.
The objective has not yet been implemented in the German part of the Wadden Sea.
The objective will be implemented in the Danish Wadden Sea in the aforementioned executive order.


to prohibit in principle advertisement flights.


This objective has been implemented in the Dutch Wadden Sea, with the exception of the 'Sail Texel' manifestation. The objective has not yet been implemented in the German part of the Wadden Sea. The objective will be implemented in the Danish Wadden Sea in the aforementioned executive order.


MILITARY ACTIVITIES

To further reduce the impact of military activities and to this end

to reduce the negative effects of low altitude flight routes of military aircraft by reducing the number of flights and reducing the maximum speed;

to examine the possibilities of concentrating and/or phasing out military activities in the Wadden Sea on the basis of a study of their environmental impacts:
(i)to concentrate shooting ranges near Den Helder, The Netherlands;
(ii)to combine activities of Noordvaarder (Terschelling) and Vliehors (Vlieland), The Netherlands;
(iii)to phase out the shooting ranges at the Meldorfer Bucht and Sylt;

to take coordinated action to minimize disturbance caused by military air traffic in the Wadden Sea area;

to give high priority to the assignment of redundant shooting ranges as nature protection areas.


The low-altitude-flight route in the Dutch Wadden Sea has been temporarily suspended, pending the outcome of the investigation of the activity. The number and maximum speed of military aircraft have been reduced.
The shooting ranges at Den Helder have been abolished by The Netherlands.
The shooting range at Noordvaarder will be abolished in 1995 without increasing the number of flights on Vliehors.

The shooting range at Sylt has been abolished since 1992. The shooting area was already situated within a nature protected area. The ballistic tests with non-explosive cartridges, carried out at the range at Meldorfer Bucht, have been subject to time restrictions and the number of ballistic tests have been reduced to approximately 20 days a year.

INPUT OF POLLUTING SUBSTANCES


To welcome the decisions reached at the 3rd International North Sea Conference regarding the reduction of the inputs of hazardous substances and the phasing out of PCBs, and in addition agree

to achieve a significant reduction (of 50% or more) of total inputs (via all pathways) of polycyclic aromatic hydrocarbons (PAHs) and organotin compounds, between 1985 and 1995, provided the use of best available techniques makes such a reduction possible;


The Netherlands' policy aims at a reduction of the emissions of PAHs of 90% in the period 1985 - 2000.
Organotin compounds are mainly used as anti-fouling paints for ships. The use of such paints for ships of less than 25 m is prohibited in accordance with EU regulations. For the remaining applications, a national policy is under development in the framework of the planning of future policies for pesticides (the so-called multi-year program for hygiene and protection of materials). An exact prognosis of the resulting reduction in the use of organotin compounds cannot be given yet.

In Germany, the reductions of PAH emissions are implemented in particular through the application of best available technology (Stand der Technik) for motor vehicles, domestic heating and for coking plants. The reduction in inputs of tin compounds is achieved in the framework of the national implementation of Directive 91/338/EWG, through the Dangerous Substances Ordinance (Gefahrenstoffverordnung), by which the application of organic tin compounds in anti-fouling paints for ships of less than 25 m, aqua culture and other submarine installations, is forbidden.

The Danish policy concerning reduction of PAH inputs is based on the use of best available technology.
There is a ban on the use of organotin compounds in antifouling paints for ships of less than 25 m, which is the widest field of use. Other kinds of use are carefully investigated.


to take measures to phase out and to destroy in an environmentally safe manner hazardous PCB-substitutes by 1995;


In The Netherlands and Denmark, hazardous PCB substitutes are forbidden and have never been used.

In Germany, the use of the hazardous PCB substitutes Ugilec 141, Ugilec 121 and DBBT is forbidden in accordance with EC Directive 91/339/EEC.


to examine the possibilities of designating the catchment area of the Wadden Sea a sensitive area according to the EC Nitrate and Municipal Waste Water Directives.


In The Netherlands and Denmark, the catchment areas of the Wadden Sea are part of the areas designated as sensitive area under the EC Nitrate and Municipal Waste Water Directives. In Germany, the EC Nitrate and Municipal Waste Water Directives are already applied throughout the country with the exception of the federal states Baden-Württemberg, Bayern and Sachsen, which have designated sensitive areas on the basis of the assessment of specific cases. Tertiary treatment is being introduced step by step with N-elimination in treatment plants of more than 5000 population equivalents (pe) and P-elimination in treatment plants >20,000 pe (respectively >10,000 pe in the framework of the EC-Directive 91/ 271/EEC).


CLIMATIC CHANGES AND SEA LEVEL RISE

To acknowledge that the possible climatic changes and sea level rise, resulting from the enhanced greenhouse effect, may result in significant changes in the ecosystem and the functions of the Wadden Sea and therefore welcome the important work of the Intergovernmental Panel on Climate Change (IPCC) and the UNCED Climate Convention and support the actions mentioned in the Noordwijk Declaration on Atmospheric Pollution and Climatic Change (November 1989). Furthermore agree

to express their concern about the possible ecological damage due to the greenhouse-effect, especially the loss of biotopes or species through sea level rise or increase in water temperature;

to stress the need for research and information about the effects and risks of the expected changes, and about possible adaptive measures;

to devote one of the next working conferences or a workshop to these questions.


In The Netherlands, studies are carried out into the consequences of an eventual sea level rise.

In 1992, a workshop was held at the German Nature Conservation Academy on Vilm. A symposium was held in June 1994. A current research project, commissioned by the Federal Ministry for Research and Technology, focusses on the potential impact of climatic changes on the coastal area.


RESTORATION OF THE WADDEN SEA AND REINTRODUCTION OF SPECIES

To develop plans for restoring parts of the Wadden Sea if it can be shown by scientific research that the actual values and actual functions of the Wadden Sea are not satisfactory and if it is in accordance with the general objectives.


A number of restoration plans are in the process of being developed and/or carried out as, e.g. indicated in § 6.3.


To continue the efforts to reintroduce the houting into the Wadden Sea area on a coordinated basis.


Steps have been taken to introduce the houting in the Lower Saxon and the Dutch Wadden Sea area in continuance of the Danish and Schleswig-Holstein efforts. The issue needs to be pursued in the coming period.

SPECIES PROTECTION

Red List Marine Species and Biotopes


To broaden and intensify the protection of plants and animals, and to this end agree

to develop a Red List of marine and coastal species and biotopes in the Wadden Sea area covering the three member states which points out the endangered species, both within the Wadden Sea taken as an entity and in separate areas of each Wadden Sea country;


Germany is lead country in the development of a common Red List. A number of trilateral meetings were held with the aim to develop a common set of criteria for the selection of Red-list species.

The list will contain endangered marine and coastal species and biotopes, and, as far as possible, the causative factors.


to develop common conservation objectives for such species and biotopes and to take appropriate action for their protection by implementing special programs if these can prevent the extinction of such animals, and by taking general measures to improve the environment as a whole.


Based on the above list, protective measures for biotopes, certain groups of species (e.g. anadromous and catadromous fish species, long-lived benthic invertebrates) and individual species will be considered in the framework of the future coordinated Management Plan.


Conservation of Seals and Small Cetaceans

To welcome the Conservation and Management Plan for the Wadden Sea Seal Population 1991-1995, which has been elaborated in accordance with art. 4 of the Agreement on the Conservation of Seals in the Wadden Sea.


To investigate which additional measures can be taken for the protection of the grey seal.


No further activities have been undertaken. The issue needs to be addressed in terms of follow-up of the Common Seal Management Plan.


To welcome the Agreement on the Conservation of Small Cetaceans of the Baltic and the North Sea, and to cooperate closely with its respective bodies where appropriate.


The agreement (ASCOBANS) has recently entered into force, and cooperation needs to be developed with the secretariat of the ASCOBANS.

WARDENING OF THE WADDEN SEA


To ensure that adequate wardening of the whole Wadden Sea will be established guided by the common standards as set out in Annex 1, before the next Governmental Conference.


In the Dutch and Danish parts of the Wadden Sea, the common standards for wardening have been implemented. In both countries, it is currently considered how the present systems can be improved in line with the standards indicated in terms of, e.g. improving collaboration and information with all involved authorities.

Wardening has been partly implemented in the German part of the Wadden Sea. In 1994, the National Park Administration of Hamburg established a wardening system in cooperation with the NGO 'Verein Jordsand e.V.'. The National Park Agency of Schleswig-Holstein elaborated a concept for wardening pursuant to Annex 1. Parts of the relevant information concept have already been implemented. The latter is also the case for the Niedersachsen National Park. ENVIRONMENTAL IMPACT ASSESSMENT

To intend to harmonize environmental impact assessment (EIA) with regard to the activities in the Wadden Sea region, without prejudice to the existing national legislation, taking into account the EC Directive 85/337 concerning the Assessment of the Environmental Impact of Certain Public and Private Projects, and noting the ECE Convention on EIA (Helsinki, 1990).

To inform and, where necessary to consult with other Wadden Sea States, whenever an environmental impact assessment is executed for projects which might have significant adverse impact within the Wadden Sea area.


In 1992, a trilateral working group was installed on the issue by the Trilateral Working Group (TWG). The Environmental Impact Assessment Working Group (EIAWG) submitted its final report to the TWG in 1994.


MUTUAL ASSISTANCE

To investigate the possibilities for the development of a system of mutual assistance and/or exchange of information in cases of major accidents or other incidents which could lead to pollution of the Wadden Sea and with regards to other problems such as epidemics.


This issue will be addressed in the framework of the further elaboration of the coordinated Management Plan.

COOPERATION IN THE FIELD OF MONITORING AND SCIENTIFIC RESEARCH


To cooperate in scientific research and monitoring with respect to the Wadden Sea by

elaborating a harmonized program of studies on items of special interest and in particular with respect to the common protection of the area;

welcoming the recommendations of the working group on the development of a common Wadden Sea Monitoring Program and instructing the Trilateral Working Group (TWG) to further implement the Program in accordance with the terms of reference as elaborated by the Trilateral Working Group;


The first phase of the Integrated Trilateral Wadden Sea Monitoring and Assessment Program (TMAP) started in January 1994. Research will be carried out concomitant to the monitoring program.


designating sufficiently large areas, spread evenly over the Wadden Sea, where all exploitation and all disturbing activities are banned and which can serve as reference areas for scientific purposes;


In Germany, the basic prerequisites for the designation of reference areas are being elaborated within the research project 'Ökosystemforschung Wattenmeer'. Reference areas can only be designated after completion of the project.

One scientific reference area has been designated in the Danish Wadden Sea.


cooperating in the evaluation and publication of the results of all international waterfowl counts since 1980 for the entire Wadden Sea on a coordinated basis according to a joint project, within the resources available. The evaluation of the waterfowl counts since 1980 have been carried out and will be published on the occasion of the Governmental Conference.


COOPERATION IN THE FIELD OF PUBLIC INFORMATION

To cooperate within the realms of public information work with the aim of increasing the awareness of the general public to the problems facing the Wadden Sea environment as a whole and in order to investigate the possibilities

of establishing a cooperation between the main public information and education centers of the Wadden Sea area;

of exchanging exhibitions and other adequate information between the centers.


The goal to protect the full scala of habitat types in the Wadden Sea area cannot be achieved unless this policy is understood and accepted by most of the people involved. In fact, understanding and active support of, for instance, local inhabitants, users and/or visitors will often be a decisive factor for successful policy measures. Creating public awareness and support requires a continuing effort. It goes beyond providing information to the public at large. General objectives are to stimulate an understanding of the ecological and social conditions that influence the quality of life in the Wadden Sea area, as well as to foster the willingness to contribute to the preservation of the area.

A review of the existing information and eduction centers and their programs was presented at the '1st International Conference on Public Information and Education in the Wadden Sea Area' (Texel, NL, September 1993). It shows how much has been undertaken to inform the public about the values of the Wadden Sea area and the measures taken to protect it, by governmental agencies, as well as by information centers and NGOs. However, research in The Netherlands still indicates that the general public often lacks insight into ecological processes, into the values of nature, and into the reasons for nature management. Public awareness clearly is insufficient. There is a need for improvement of public information and education by adopting a more systematic approach. Sufficient knowledge of target groups, as well as careful evaluation of educational activities, are keys to developing successful educational programs.


COOPERATION WITH RESPECT TO INTERNATIONAL FORA

World Heritage Convention


To acknowledge that the Wadden Sea would benefit from inclusion in the World Heritage List of the Convention for the Protection of the Cultural and Natural Heritage (1972),as is stated in the report on the potential designation of the Wadden Sea as a World Heritage Site and to this end to develop a joint proposal for the nomination of the Wadden Sea in the World Heritage List.


A proposal for a nomination of the Wadden Sea as a World Heritage Site will be undertaken after agreement has been reached on the definition of the Wadden Sea area.


Ramsar Convention

To continue to support the activities of the Convention on Wetlands of International Importance Especially as Waterfowl Habitat (Ramsar Convention, 1971) in particular with respect to the wise use issue and the cooperation on the protection of shared wetlands.
The application of the wise use principles in the Wadden Sea has been presented to the Convention in the framework of the wise use project, financially supported by The Netherlands. This resulted in the adoption of further guidelines for wise use at the 5th Ramsar Convention Conference.

To examine whether it is possible in terms of ecological values to delimitate the Wadden Sea region on a common basis according to Article 2.1 of the Ramsar Convention.


Reference is made to § 5.


To investigate whether zoning can be used to improve the protection of the Wadden Sea with respect to:

(i)the designation of buffer areas adjacent to the Wadden Sea area (both landward and seaward) in order to enable a better regulation of activities outside the Wadden Sea which could have an impact on the Wadden Sea ecosystem;
(ii)the need to harmonize zoning measures within the Wadden Sea, including the designation of special protection zones.


First steps have been made by the trilateral Habitat Working Group and the Management Project Group. The coherency of habitats seems to be a good basis for the further development of zoning.


Flyway Co-operation


To recognize that the Ramsar Convention Conference, 1990, and the Western Palearctic Waterfowl Agreement currently considered in the framework of the Bonn Convention, call for the establishment of partnerships between wetlands and parties to protect waterfowl and wetlands.

To acknowledge that the Wadden Sea is a core area for the migrating waterfowl of the East Atlantic Flyway and to this end agree on the necessity for a common approach with regard to the protection of migrating waterfowl in the whole range of the flyway and further agree to carry out a feasibility study into monitoring and cooperation, acknowledging the existing and ongoing bilateral cooperation between the USSR and Germany and the USSR and The Netherlands.


Expeditions to Guinea-Bissau have been carried out by a joint Wadden Sea research team with participants from the three countries. A further partnership between the Wadden Sea area and the coastal areas of Guinea-Bissau is currently considered.
The Dutch cooperation with other countries, e.g in central and eastern Europe and west Africa, is placed in the framework of the African-Eurasian Waterbird Agreement, for which The Netherlands is the lead country. In particular the cooperation with the Russian Federation has been intensive.
A partnership agreement was concluded between the Schleswig-Holstein National Park and the Taymyr Nature Reserve.


European Community

To work towards integrating the protection of the Wadden Sea into the environmental policies of the European Communities by

examining the developments of the internal market in relation to the protection of the Wadden Sea;

promoting the designation of the Wadden Sea as a special conservation area according to Annex 1 of the draft EC Directive on the Protection of Natural and Semi-natural Habitats and of Wild Fauna and Flora, when this comes into force; examining the possibilities of cooperation on the national and regional level supported by the EC, to enable a more comprehensive protection of the Wadden Sea.


It is referred to § 5.


North Sea Conferences


To take notice of the invitation of the 3rd International North Sea Conference to continue to report on the progress made with respect to the protection of the Wadden Sea to the International North Sea Conferences and to this end agree

to develop recommendations for further measures to the 4th International North Sea Conference in 1995 at the 7th Trilateral Governmental Conference on the Protection of the Wadden Sea (1994);

when assessing the need for such recommendations that special attention will be paid to:

(i)the reduction of nutrients and other pollutants reaching the Wadden Sea; and
(ii)the protection of other coastal, estuarine and open sea areas (e.g. The Wash) which are also visited by bird populations which use the Wadden Sea and which have strong similar interests with regard to species and populations.


As a first step, recommendations of the Senior Officials were submitted to the preparatory meeting of the Inter Ministerial Meeting. In the recommendations, the need for reviewing the strategy for improving the eutrophication status and an assessment of effects of changes in the N/P ratio at the 4th North Sea Conference was addressed. Furthermore, it was advised to assess whether additional measures for reducing pesticide inputs into the North Sea and the Wadden Sea are necessary at the 4th North Sea Conference. Finally, it was proposed to discuss the development of marine protected areas at the 4th North Sea Conference.

The Wash


To welcome the Memorandum of Intent between the Trilateral Wadden Sea Cooperation and the English Nature on the Wash / North Norfolk Coast and the Wadden Sea.


In the framework of the Memorandum, a work program for the years 1992 - 1994 has been carried out. During the program, information has been exchanged and/or methods harmonized with regard to the Geographical Information System (GIS), bird monitoring, salt marsh vegetation surveys, pollution, fisheries and seals. 4. CONCLUSIONS

4.1 Assessment of the ecological state of the Wadden Sea

EUTROPHICATION

The following issues of concern were identified:-

the increase in biomass and abundance of macrozoobenthos;-
the frequency of toxic and nuisance blooms;-
the shift in species diversity and composition;-
the oxygen deficiency in sediment surface (so-called black spots); -
the increasing abundance of macroalgae.

Furthermore, the insufficient overall quality of nutrient monitoring is considered an issue of concern.

Important gaps in knowledge were determined with regard to the limiting factors in primary production, the fate of primary production products - in other words, does increased nutrient supply result in more detritus or can we harvest more edible species -, and the question to what extent is remobilization of nutrients occurring caused by fishery and dredging.
The participants in the trilateral workshop on eutrophication (May 1994) concluded that the length of Phaeocystis blooms, the coverage of tidal flats with mats of macroalgae, and chlorophyll concentrations are at present the best indicators of eutrophication. The precise relation between these parameters and excess nutrients and other influencing factors (i.e. light) is, however, insufficiently known. They therefore recommend to start a trilateral research program with the aim of clarifying these relationships.

MICROPOLLUTANTS

The following issues of concern were identified:

-the concentrations of some man-made substances (e.g. TBT, PCB, dioxines) are at a level, at which the reproduction and immune system functioning are negatively effected;
-the concentrations of some natural micropollutants (i.e. heavy metals) are still above background levels-
the effects of contaminants on the immune system (fish, mammals);-
the intercalibration of sampling and analytical methods (especially for organochlorines).

Also some important gaps in knowledge have become apparent:-

the operational discharges by ships (including into the air);
-the effects of contaminants on zooplankton (the relation with eutrophication through the grazing function of zooplankton, also related to fish production and the role of detritus in the food web);
-the fate and distribution of substances not systematically monitored in the marine environment (i.e. the PCB substitute Ugilec and pesticides;
-the insufficient data on (the effects of) operational discharges of oil and chemicals from ships and offshore platforms, or from the adjacent North Sea, into the Wadden Sea.

DISTURBANCE

The effects of fisheries on the availability of food resources (i.e. availability of mussels, cockles and associated fauna for eiders, oystercatchers and other predators), and the disturbing effects of recreation and tourism have been identified as the main issues of concern. At the same time, the knowledge about both issues, especially the effects of recreation and tourism, is poor.

HABITAT DESTRUCTION

The main issues of concern in this category are the negative effects of fisheries on the distribution and abundance of eelgrass and natural mussel beds, the damage to and loss of biotopes due to tourism and recreation, and the possible effects of an increased sea level rise and the frequency and intensity of storms on sedimentation and erosion processes.

There are important gaps in knowledge with regard to effects of an increased sea level rise and frequency and intensity of storms, and effects of an increase in temperature on primary production.

MONITORING AND RESEARCH

Our understanding of the quality of the ecosystem of the Wadden Sea is hampered by insufficient data and a lack of knowledge about the functioning of the ecosystem. With regard to the first aspect, it concerns both the amount of data (too little data to be able to determine geographical or temporal trends; only a limited amount of substances is monitored) and the quality of the data (data from different locations and/or periods or time are not comparable due to differences in sampling and/or analytical methods).
Monitoring and concomitant ecosystem research must therefore continue to be improved with specific emphasis on the quality of data, the quality of networks, and the quality of interpretation tools.

4.2 Progress in the implementation of the Esbjerg Declaration

In the Status of the Implementation of the Esbjerg Declaration at Annex 1, a general overview of the current implementation of the Esbjerg Declaration is presented based on the information presented in the foregoing chapter.

Taking into account the relatively short time span between the 6th Trilateral Governmental Conference in Esbjerg in 1991 and the 7th Trilateral Governmental Conference in Leeuwarden in 1994 considerable progress has been made with respect to the implementation of the Esbjerg Declaration:

In The Netherlands, the relevant agreements of the Esbjerg Declaration have been included in the amended Wadden Sea Memorandum (PKB-Wadden Sea), which entered into force on December 3, 1993. Recently the Dutch Parliament agreed upon the Partial Revision of the Wadden Sea Memorandum regarding mining. Nearly the whole Wadden Sea is protected by the Nature Conservation Act. In the framework of the Policy Document on Shooting and Game Management, a 'phasing-out' policy with regard to hunting of migratory species has been agreed. In the framework of the Policy Document on Sea and Coastal Fisheries, areas have been closed for cockle and mussel seed fisheries. Further, a policy for years with food shortage has been elaborated.

In Germany, the Esbjerg Declaration is being implemented by the responsible federal and state authorities. This has, amongst others, resulted in the continuation and further extension of the policies with respect to diminishing environmental problems or disturbance caused by exploration, exploitation or transportation of gas and oil, and the introduction of a shipping regulation in the Wadden Sea national parks. Amended Nature Conservation Acts have tightened the protection of Wadden Sea biotopes. The grazing intensity of large salt marsh areas has been sharply reduced by administrative measures. The military exercise area at Sylt was closed in April 1993, and the ballistic tests in the remaining military area at Meldorfer Bucht was diminished and ecologically tuned with sensitive periods for waterbirds. Furthermore, cockle fishery ended in the German part of the Wadden Sea in March 1992, and hunting has been reduced considerably.

In Denmark, the relevant agreements of the Esbjerg Declaration have been embraced by the amended Statutory Order on the Nature and Wildlife Reserve, which entered into force on July 1, 1992. The amended Nature Protection Act and Planning Act restricts urban development and construction in a coastal zone of approx. 3 km along all Danish coasts. The new Act on Hunting and Wildlife Administration secures a better protection of the wildlife. The amended Nature Conservation Act entails a tightened protection of salt marshes, fresh marshes, dunes and other biotopes. The amended Statutory Order entails provisions on the administration and delimitation of internationally designated areas (among others Ramsar and EC Bird Directive areas). These regulations have entered into force during the last three years and resulted in a strengthened protection also in the Wadden Sea area.

It is therefore justified to conclude that good progress has been achieved in the protection and conservation of the Wadden Sea as an ecological entity, as agreed in the framework of the Joint Declaration on the Protection of the Wadden Sea.

There are, however, a number of issues, both of a general as well as a specific nature, that need to be critically assessed and further considered at the forthcoming Trilateral Governmental Conference.
With the aim to achieve further progress in the protection of the Wadden Sea, the most essential general issues that need further attention are:
-the differences in the spatial implementation of the Esbjerg Declaration since the national protection areas have been defined differently (in Germany the national parks, in Denmark the area of the Statutory Order and in The Netherlands the PKB-area);
-the difference in the approach of external aspects, e.g. the regulation of activities outside the protected areas;
-the different results of the national implementation of the trilateral policies due to national political, juridical and administrative circumstances.

There are some objectives which have not yet or only partly been implemented by (some of) the countries, in particular:
-the objectives with respect to mussel fishery has not yet been implemented in the Schleswig-Holstein part of the Wadden Sea;
-no decision has yet been taken on the phasing out of hunting on migratory species in the Lower Saxon part of the Wadden Sea;
-some of the objectives concerning civil air traffic have not yet been fully implemented in national legislation, administrative prescriptions, or voluntary agreements, in particular minimum flight altitudes;
-the objectives concerning recreation, in particular speed limits, have not yet been completely implemented in all three countries.

In addition hereto, it should be noted that some of the objectives which require concerted trilateral action, such as the proposal for the nomination of the Wadden Sea as a World Heritage Site, have not yet been implemented for reasons of time shortage and the necessity to achieve progress on other issues.

In order to solve the general issues indicated above, the elaboration of a coordinated management plan is important. In addition the management plan should entail common targets and the regulation of human activities based on the principles and objectives agreed in the Esbjerg Declaration.

It is necessary to consider the further implementation of the specific objectives of the Esbjerg Declaration which are not yet or only partly implemented. Moreover, the objectives of the Esbjerg Declaration should be considered in the framework of the coordinated management plan, and additional initiatives be taken in the light of the ecological state of the Wadden Sea, to ensure a sustainable utilization of the whole Wadden Sea in line with the wise use principles adopted at the Esbjerg Conference in 1991.




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