Adapting the Legal Framework of Natural Marine Resources Management to Climate Disruption: The Case of Greece

• Author: Vicky Tzatzaki
• Pages: 318-335

© 2018 Vicky Tzatzaki. This is an Open Access article distributed under the terms of the Creative Commons

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Citation: Vicky Tzatzaki. “Adapting the legal framework of natural marine resources management to climate disruption: The

case of Greece.’’ Arctic Review on Law and Politics, Vol. 9, 2018, pp. 359–376. http://dx.doi.org/10.23865/arctic.v9.1214

*Correspondence to: Vicky Tzatzaki, v.tzatzaki@gmail.com

Arctic Review on Law and Politics

Vol. 9, 2018, pp. 359–376

359

Peer-reviewed article

Adapting the legal framework of

natural marine resources management

to climate disruption: The case of

Greece

Vicky Tzatzaki

Special Secretariat for Water, Hellenic Ministry of Environment and Energy

Abstract

The impacts of climate change on marine resources are well known and demand mitigation and

adaptation measures in order to protect the ecosystems. This entails more than simply altering

management practices; it requires altering goal setting and managing transitions to new eco-

systemic conditions.In the European Union, the main legal tool for protection of the marine

environment is the Marine Strategy Framework Directive. Greece, as a member state of the Euro-

pean Union, has transposed the Marine Strategy Framework Directive into its national legal order

and has developed legal structures to protect its marine resources from various threats, including

climate change.

The present paper aims to present the legal and policy management tools in Greece, relevant to

implementation of the Marine Strategy Framework Directive and climate change adaptation. For

methodological reasons, the paper is divided into two parts: The rst part deals with those legal

tools that apply to an initial assessment of the environmental quality of Greek marine waters, while

the second part analyzes legislative activities pertinent to the design and implementation of pro-

grams and measures. The aim of the national legislation is to maintain the ecosystemic integrity of

the marine waters of Greece and to preserve the unique characteristics of the aquatic environment

with respect to present and future generations. However, the analysis shows that a holistic legal

framework demands explicit provisions for climate change impacts, while the existing framework

focuses primarily on anthropogenic pressures on the marine environment.

Keywords: climate change; marine ecosystems; mitigation; adaptation; Marine Strategy

Framework Directive; good environmental status

Responsible Editor: Elise Johansen, UiT - The Arctic University of Norway, Tromsø,

Norway

Received: March 2018; Accepted: November 2018; Published: December 2018

Vicky Tzatzaki

360

I. Introduction

Water, in its natural form, does not recognize boundaries; the same applies to cli-

mate change and its impacts on natural resources. Climate disruption affects inter

alia the conservation of marine resources by triggering changes in biological, phys-

ical and chemical processes, which calls upon states to adopt effective management

strategies. Due to its vital importance for humans, ecosystems and economic devel-

opment, the protection of the marine environment from the detrimental effects of

climate change constitutes a challenge which is on the forefront of international,

regional and national policies.

Apart from the ecosystems, the aforementioned policies are also affected by

changes in climate. Adaptation requires more than simply altering management

practices; it requires altering goal setting and managing transitions to new eco-

systemic conditions.1In 2008, the European Union adopted the Marine Strategy

Framework Directive,2 which establishes a framework within which Member States

shall achieve or maintain good environmental status in the marine environment

by the year 2020 at the latest.3 According to the preamble of the Marine Strategy

Framework Directive:

In view of the dynamic nature of marine ecosystems and their natural variability, and

given that the pressures and impacts on them may vary with the evolvement of different

patterns of human activity and the impact of climate change, it is essential to recognize

that the determination of good environmental status may have to be adapted over time.4

Greece has transposed the Marine Strategy Framework Directive into its national

legal order and has developed its marine strategy,5 bearing in mind the need to

protect natural marine resources. The Greek marine waters are part of the Mediter-

ranean Sea, and thus they are oligotrophic and have the physical characteristics of

semi-closed seas.6 Therefore, their ecosystems are more vulnerable to climate change

compared to the open ocean; this fact makes their conservation even more challeng-

ing, especially if we take into account that they are also subject to other pressures,

such as anthropogenic pressures and marine pollution.7

Regarding the natural marine environment in Greece, almost all climate change

scenarios predict a rise in sea level,8 which is expected to raise major issues regard-

ing coastal ecosystems. Specically, climate change modies the functions of marine

ecosystems and the spatial distribution of sh populations. Temperature changes

also affect sh-farming.9 There are even scenarios of sea ooding in the Aegean and

the Ionian Seas, due to an expected intensication of extreme storm surges and

waves caused by climate change.10

The Greek coastal environment is of high biological, geophysical, aesthetic, cul-

tural and economic value, while, at the same time, it constitutes a natural resource

and shared heritage for the entire Mediterranean region. In this sense, it is extremely

signicant to design, implement and evolve policies and strategies adapted to the