Baltic Sea Protection Action Plan: All about the planned navigation rules in an interview

Mr Köster, what is the current status of the Baltic Sea Protection Action Plan?

So, the cabinet had already decided to draw up the Baltic Sea Protection Action Plan in 2024. And it consists of a 16-point paper for a healthy Baltic Sea. That's the wording. It was developed as a kind of replacement instrument for the failed national park project.

That was two years ago...

...Exactly. And then the practical implementation of the 16-point plan was agreed with all stakeholders.

Who was there?

In addition to us water sports enthusiasts, these were the tourism industry, the maritime industry, farmers and fishermen. And we, as sailors, put a few things forward, particularly on the topics of navigation regulations, water usage rights and the time limits for all of this.

What happened next?

The responsible ministry then had the corresponding ordinances for the nature conservation areas passed by the state parliament and the nature conservation areas designated, so that they have existed ever since.

What are they?

These are three areas, one between Geltinger Birk and Schleimünde, one in the southern Hohwacht Bay and one north-west of Fehmarn.

And rules of the road are now being drawn up for this?

The schedule initially envisaged that all stakeholders, i.e. all those involved, would then come together again in so-called regional meetings in order to contribute further ideas for utilisation concepts, participation concepts and the like. This also took place, once in Gelting, once in Ostholstein and also on Fehmarn. Also with great participation from water sports. And there was also an exchange of views on certain water sports zones and utilisation options within the nature conservation areas, but this was initially intended as a non-binding collection of material.

So not yet concrete...

...No, but at the same time there is a so-called working group for the regulation of a navigation ordinance, which is being applied for by the Schleswig-Holstein Ministry of the Environment at the responsible Federal Ministry of Transport.

Why there?

Because the Baltic Sea is a federal waterway in the areas where the nature reserves are located. And the Federal Ministry of Transport is responsible for this.

And what exactly does this working group do?

The committee prepares this application for the issuance of a navigation regulation and coordinates its content.

What does this working group look like?

It has around 30 participants from various sectors. Tourism, maritime economy, agriculture, fishing, sport. The environmental organisations are involved, namely NABU and BUND. They sit together and discuss possible solutions.

And how far along is the application?

We have reached the point where we will have one or two more meetings. And then the discussion of certain topics relating to the navigation ordinance will be completed. And the Ministry of the Environment will then formulate these applications. That is the current status.

What happens next?

Then the whole thing will be dealt with in Berlin. And a decision will be made. But nobody can really predict how quickly this will happen, because it also involves maritime law and shipping law, maritime traffic law. The keyword here is always safety and the ease of transport. These must continue to be guaranteed. So this also involves shipping police issues. The Kiel-Flensburg route runs between Schleimünde and Falshöft-Kalkgrund as the entrance to the Flensburg Outer Fjord. That's why everything has to be checked carefully.

So this may take some time...

Yes, but then it will continue and nobody knows how Berlin will decide. And there's also the question of which legislature it will happen in.

But in the end, will a regulation have been created?

This will be a federal navigation regulation, which will then have the status of an annex, so to speak, below the Maritime Traffic Regulations. Then there will probably also be a sanction regulation, i.e. an administrative offence regulation. This means that if you violate it, it will probably be an administrative offence. And then there will be an implementing regulation, i.e. a regulation that determines who is ultimately responsible for this issue, the state police or the federal police and so on.

You are working on the proposals as a member of the Environmental Committee of the Schleswig-Holstein Sailing Association. What do you personally think we sailors can expect?

I am confident that when we drew up the action plan, we coordinated with the ministries involved and those responsible at the time and found a wording that we as water sports enthusiasts and sailors can live with. And we trust that politicians will honour this agreement. That is our hope and our expectation for the involvement of sailing in such important issues as environmental protection and nature conservation.