Marine and coastal areas

The legislation concerning marine and coastal areas is particularly illustrative of the complexity of the Belgian government structure. The federal and regional governments share different levels of responsibilities depending on the issue or location where the activities take place, as illustrated below.

The territorial authority of the regions stops at the low tide line. As a consequence, the area below this line (coastal waters, territorial waters and exclusive economic zones (EEZ) ) remain under the authority of the federal government, but area above this line (most of the beach, coastal dunes, etc.) are under the authority of the Flemish Region. Close cooperation and regular consultations between the authorities are therefore necessary.

Although most activities at sea are managed by the federal authorities, the following activities at sea remain the competence of the Flemish administration: fishing, coastal defence and the access to the harbours (eg dredging channels). Marine environment is a federal competence.  This being said, it is the obligation of each entity (federal, region) that activities within their territory do not have a negative impact on the other entities: the environmental impact legislation, the strategic environmental impact legislation or art 6.3 (Habitats Directive) apply.

At national level, two important laws relating to the protection of the North Sea have come into force: the EEZ Act (1999) relating to Belgian's exclusive economic zone in the North Sea and the MMM Act (1999) on the protection of the marine environment in sea areas under Belgian jurisdiction.