The National Spatial Strategy for the Marine Space (NSSMS), as approved by Act of the Council of Ministers (PYS) 6/17.4.2025 (Government Gazette D’ 227/2025), constitutes the first institutional framework for maritime spatial planning (MSP) in Greece, in accordance with what is provided for in Article 6 of Law 4546/2018 (Government Gazette A’ 101/12.06.2018), by which the European Directive 2014/89/EU “establishing a framework for maritime spatial planning” was transposed. In general, MSP seeks to enable public authorities to organise human activities in marine areas so as to achieve ecological, economic and social objectives. To this end, the Directive requires EU countries to draw up maritime spatial plans, which must map the existing human activities in their marine waters and determine their most effective future spatial development. Following the country’s delay in adopting MSP, a condemnatory decision of the Court of Justice of the European Union (CJEU, Case C-128/24, European Commission v Hellenic Republic, Judgment of 27 February 2025) was issued, in which the arguments invoked by the Greek State (the complexity of the legal framework, the negotiations on the Exclusive Economic Zone – EEZ) were rejected, with the Court emphasising that States cannot invoke internal difficulties to avoid the application of European law. The NSSMS analysed herein constitutes an integrated tool for the sustainable development of Greece’s marine space, incorporating environmental, economic and geopolitical parameters. Naturally, however, the national MSP has not been completed, since the drafting, publication and approval of the Maritime Spatial Frameworks of paragraphs 4 et seq. of Article 6 of Law 4546/2018 – and in accordance with what is more specifically provided for in Articles 13-14 of the NSSMS – remains pending. What area does MSP cover? Pursuant to paragraph 2 of Article 5 of Law 4546/2018, MSP comprises: (a) the National Spatial Strategy for the Marine Space (NSSMS), which is analysed herein, and (b) the Maritime Spatial Frameworks, which correspond to the regional planning level of Article 2 of Law 4447/2016 and to which Article 8 of Law 4546/2018 applies. In the present case, the NSSMS as issued applies to the marine space of Greece, including the territorial sea, the continental shelf and the Exclusive Economic Zone (EEZ), with respect for the country’s sovereign rights and its international obligations. Specifically, the scope of the NSSMS and, more generally, of MSP is defined in Article 2 of Law 4546/2018 as that which concerns “the marine space, that is, the marine waters and the marine part of the coastal zone…”. The marine waters include, in accordance with paragraph 1 of Article 4 of Law 3983/2011 (A’ 144), the waters, the seabed and the subsoil on the seaward side of the baseline from which the breadth of the territorial sea is measured, up to the limits of the area over which the Hellenic Republic has sovereign rights or exercises jurisdiction, in accordance with the United Nations Convention on the Law of the Sea (UNCLOS), ratified by Law 2321/1995 (A’ 136). Correspondingly, the coastal zone is defined in paragraph 5 of Article 3 of Law 4546/2018 as “the geomorphological area on either side of the coastline, in which the interaction between the marine and terrestrial parts takes the form of complex systems of ecological elements and resources composed of biotic and abiotic components that coexist and interact with human communities and the related socio-economic activities”. It is noted that the scope of the NSSMS does not affect the drawing and delimitation of the marine zones as they arise from UNCLOS (paragraph 3 of Article 2 of Law 4546/2018).

Objectives: Development and sustainability in the marine space. A central axis of the NSSMS is the strengthening of the sustainability and resilience of ecological and socio-economic systems through an ecosystem-based approach (paragraph 3 of Article 2 of Law 3983/2011) that promotes the sustainable coexistence and compatibility of uses. The completion of the institutional framework for Marine Protected Areas (MPAs) by means of Presidential Decrees and Management Plans constitutes a central objective, linked to the Special Environmental Studies (SES). Emphasis is placed on the regulation of activities, with the possibility of exceptions for energy projects under conditions and with the participation of local bodies. The promotion of marine development and of the blue economy focuses on energy investments through compatibility with the National Energy and Climate Plan (NECP), with particular emphasis on the development of offshore renewables, electrical interconnection and energy-transmission infrastructure, as well as on the combination with natural-gas infrastructure. At the same time, reference is made to the strengthening of maritime domestic transport and port infrastructure, the selective extraction of hydrocarbons with limitation of environmental impacts, as well as the sustainable development of marine tourism, aquaculture and biotechnology. At the level of social and environmental cohesion, the Strategy includes objectives for the development of interconnection infrastructure, the enhancement of the marine landscape, the restoration of degraded ecosystems, the protection of coastal populations from climate change and the implementation of marine surveillance and security measures. Particular importance is attached to the sustainable management of coastal waters that exhibit environmental degradation. Also included are interventions for the protection of species and habitats, the limitation of alien species and the regulation of activities that cause underwater noise, with cross-sectoral cooperation and scientific documentation. Which principles guide the NSSMS? MSP must specialise overarching choices on the basis of local particularities, manage the marine space with a view to resilience, and promote synergies among uses. Topological or administrative continuity is not required in the areas of application, while planning takes place in three dimensions (surface, water column, seabed), with emphasis on multi-functionality, temporal variations and the need for flexibility. MSP may be regulatory or directional, depending on the nature and intensity of the uses. The factors determining regulatory or directional density are: (a) the character of the uses (nuisance, non-nuisance), (b) the intensity of the uses (high or low intensity), (c) the extent of the uses (point-based, extensive), (d) the nature of the interactions among uses (complementary, competing) and (e) the compatibility of the uses with the existing social, ecological and developmental potential of the areas in the marine and terrestrial space.

Special importance is attached to the participation of local communities and bodies at all stages of planning. Provision is made for multi-level consultation (local, regional, national) and for the creation of inter-ministerial committees and structures for regular monitoring (such as a Marine Planning Observatory at the Ministry of Environment and Energy) and evaluation. It is further proposed that a unified geospatial-data base be created and that open data from research bodies be utilised in support of the Strategy. Which interventions are permitted in the marine space per sector? For protected areas and the protection of biodiversity, particular weight is given not only to the institutionally established Natura 2000 areas, but also to non-institutionally-established areas of ecological significance, such as critical habitats and breeding areas. The systematic assessment of the cumulative and cross-border impacts of activities is required, as is the application of strategies for avoiding adverse consequences to sensitive ecosystems through appropriate siting. The compatibility of economic activities with the protection objectives must be ensured through targeted regulations and the completion of the implementation of management plans and protective Presidential Decrees. In the field of defence and national security, the siting of other activities in military areas is prohibited, while provision is made for the adoption of measures to minimise the environmental impacts of military activities. For renewable-energy (RES) installations, it is proposed that the installation of wind farms in sensitive areas be avoided. In MPAs, the development of offshore wind is permitted only with respect for the management objectives and the avoidance of adverse impacts. Dredging and the extraction of aggregates must be carried out with environmental care, avoiding areas with significant benthic habitats and preventing erosion. On marine routes and navigation, the use of maritime-spatial-planning tools is indicated, such as areas to be avoided, traffic-separation schemes, and exclusion zones for dangerous cargoes, for the protection of areas such as MPAs, fish farms, tourist zones and underwater archaeological sites. Measures are also required for the prevention of accidents and the monitoring of navigation. Fishing requires coordination for the protection of the seas, the application of restrictive tools (such as seasonal fishing bans), the prohibition of towed gear at archaeological sites and the minimisation of impacts on vulnerable habitats. Aquaculture must be governed by a sustainability plan and an ecosystem-based approach, compliance with national and European legislation, prohibition in areas with vegetation or coralligenous formations, and strict regulation of the use of alien species within MPAs. Marine tourism and recreational activities require regulation aimed at minimising the risks of accidents and impacts, especially in MPAs and special-management areas. Provision is made for strict limitation of the sailing and mooring of cruise ships near protected areas and underwater antiquities, regulation of navigation permits, a national strategy for recreational navigation that addresses conflicts of uses, and a berth-allocation system for controlling the flow of approaches. Transnational cooperation is also required, particularly for the control of pollutants in the cruise sector and the application of regional regulations in accordance with the Barcelona Convention. The siting of diving parks is permitted only under terms and restrictions in areas of natural or cultural interest. Underwater archaeological sites require restrictions on anthropogenic activities and special measures for their protection and sustainable utilisation through diving tourism, research actions and the promotion of underwater cultural resources. As regards RES, the objective is the siting of offshore floating wind and photovoltaic installations in organised reception areas, while, in the medium term, provision is made for the siting of wave and tidal energy, as well as of algae cultivation. Finally, provision is made for the creation of Innovative Marine Business Parks to host manufacturing and business activities in the marine space.

Synergy of Land and Sea

The Maritime Spatial Frameworks should be harmonised with the institutionally established spatial frameworks of the land, especially in the coastal area, and should determine the development of infrastructure and activities in the marine space with reference to the NSSMS. In cases of common terrestrial and marine infrastructure, management in accordance with the Protocol on Integrated Coastal Zone Management (ICZM) is required. It is also provided (Article 8) that the Maritime Spatial Frameworks must take into account both the individual and the cumulative impacts of activities, assessing the economic, social and environmental consequences, and that the assessment of impacts must be carried out during the preparation of the plans and of their Strategic Environmental Impact Assessment (SEIA), taking into account the characteristics of each marine area. In addition, it is stated (Article 9) that the Maritime Spatial Frameworks develop and re-evaluate the existing directions of the Regional Spatial Frameworks through a connecting mechanism of oversight and intervention. Article 10 lays down rules for the harmonisation of the Maritime Spatial Frameworks with the Special and Regional Frameworks, ensuring two-way feedback, the possibility of amendments, and the resolution of conflicting provisions through the Central Council for Spatial Planning Matters and Disputes (KESYCHOTHA). Finally, it is provided that the implementation of the Maritime Spatial Frameworks must incorporate ICZM and be coordinated with the provisions of urban planning, while the utilisation of geospatial data from different Ministries may require the establishment of a Geospatial Data Control Committee at National Level.

Maritime Spatial Frameworks: The implementation tool

Article 13 defines the content and the procedure for drawing up the Maritime Spatial Frameworks, which are based on the NSSMS. The Frameworks take into account a series of parameters (environmental, social, cultural, economic, land-sea interactions, climate change, security, etc.), consist of texts, maps and diagrams, and provide directions for spatial development, the siting of productive activities and infrastructure, the formation of zones, the protection of natural and cultural heritage and the implementation of active interventions. In addition, emphasis is placed on transparency and participation, with provision for substantive public consultation from the initial stage of their planning, promoting cooperation among State bodies, research institutions, professional and social partners, in accordance with Article 9 of Law 4546/2018 on public consultation and public participation. The final Article 14 refers to the criteria and conditions for determining the Marine Spatial Units (MSUs) that are used as units of reference for drawing up the Frameworks and that are defined taking into account: geopolitical criteria, on account of the strategic importance of the Greek marine areas; development on the basis of functionality and critical-mass criteria (e.g. population, infrastructure, natural resources); the differentiation of pressures and patterns in each marine area; the qualitative environmental characteristics; the need for specialised strategies per area; the holistic approach to the island space; as well as the functional relationships with the terrestrial units, for synergies and the optimisation of policies. Finally, four basic marine spatial units are defined (point (b) of paragraph 1 of Article 6 of Law 4546/2018), which are depicted on a relevant map.