Dear Sir/Madam,

With reference to the Public Notice on informing the public about the Decision on the Preparation of the Spatial Plan for the Special Purpose Coastal Area of Montenegro (“Official Gazette of Montenegro”, No. 126/26), the Environmental Programme (EnvPro) hereby submits its comments, recommendations and requests within the prescribed deadline.

We welcome the fact that the public is being involved at the very beginning of the Plan preparation process, at a stage when the underlying assumptions and scope of analyses can still be considered. Our comments and observations primarily concern nature conservation and biodiversity, as well as cumulative impacts and climate change adaptation. These are areas in which EnvPro works and where, in our assessment, the Terms of Reference most need to be supplemented, particularly given that the Plan extends to 2040.

1. General Comments

We consider the Decision and the Terms of Reference to provide a sound basis for the preparation of the Plan. We particularly support the inclusion of territorial waters and internal marine waters within the Plan's scope, as well as the requirement for cooperation with neighbouring countries in marine spatial planning (Article 8 of the Decision). This brings the Plan closer to the approach set out in Directive 2014/89/EU establishing a framework for maritime spatial planning. We also welcome the provision for a Strategic Environmental Assessment (SEA) and the integration of its findings into the planning solutions.

We consider it particularly important that the capacity of beaches, coastal areas and land designated for future construction be determined on the basis of an assessment of the area's ecological carrying capacity, as well as the principle that spatial conservation and the public interest should take priority within the narrow coastal belt. We also appreciate the fact that the Terms of Reference openly acknowledge that the methodology of the current Plan has not delivered the expected results and that overlapping land-use designations have hindered its implementation. This provides a sound starting point, provided that the underlying causes of these problems are properly analysed (see Section 2.2).

2. Comments, Observations and Recommendations

2.1. Updating the Strategic and Legal Framework

Chapter V of the Terms of Reference lists the National Biodiversity Strategy and Action Plan for the period 2016–2020 as a relevant document. This strategy has expired, and Montenegro has updated its national biodiversity strategy in line with the Kunming–Montreal Global Biodiversity Framework, adopted in 2022 under the UN Convention on Biological Diversity. We recommend that the Plan be based on the new strategy and the targets of the Global Biodiversity Framework. A Plan extending to 2040 should not be based on targets set for 2020.

The same applies to several other listed documents whose validity periods have expired or are due to expire soon (e.g. strategies in the fields of tourism, fisheries, regional development, transport and industrial policy). We recommend that the planning team compile an overview of all currently valid strategic documents at the outset of the process and use them as the basis for the Plan.

The overview of EU legislation should also include documents that will have direct implications for coastal spatial planning: the Birds Directive (2009/147/EC), which, together with the Habitats Directive, forms the basis of the Natura 2000 network; the EU Biodiversity Strategy for 2030; and Regulation (EU) 2024/1991 on nature restoration. Montenegro will be required to transpose these obligations under Chapter 27, which coincides with the period of the Plan's implementation. In addition, the Convention on the High Seas was adopted in Geneva in 1958, not 1950, as stated in the document.

2.2. Situation Analysis and Assessment of the Implementation of the Current Plan

The Terms of Reference acknowledge shortcomings in the current Spatial Plan for the Special Purpose Coastal Area but do not provide for their systematic analysis. We consider the situation analysis crucial to the quality of the planning solutions. We therefore recommend that the analytical section include a separate assessment of the implementation of the 2018 Plan, addressing the following:

- how much land has been developed in accordance with its planned designation, and where;
- in which areas conflicts between different land uses have emerged, and why;
- the current status of protected areas and areas proposed for protection in relation to what the Plan originally envisaged;
- where natural habitats have been lost or degraded, particularly within the narrow coastal belt and the coastal zone under the jurisdiction of the Public Enterprise for Coastal Zone Management.

This assessment should provide the basis for proposing solutions that prevent the same mistakes from being repeated. Its findings should be made publicly available.

2.3. Cumulative Impacts

The Terms of Reference do not mention cumulative impacts, even though these are among the main pressures affecting the coastal area. Individual developments, such as tourism complexes, marinas, beach reclamation, port and transport infrastructure, or aquaculture facilities, are usually assessed separately, and each may appear acceptable on its own. Taken together, however, they alter the coastline, fragment habitats, and affect marine water quality and the landscape in ways that cannot be identified at the level of an individual project.

Article 19 of the Protocol on Integrated Coastal Zone Management in the Mediterranean obliges the Parties to take cumulative impacts on coastal areas and their carrying capacity into account when assessing the impacts of plans and projects. We therefore recommend that the Plan and the Strategic Environmental Assessment:

- include an assessment of cumulative impacts across the entire coastal area, including land-sea interactions;

- take into account already adopted local and detailed plans, issued permits and projects under implementation, rather than considering only new planning proposals;

- use the assessment findings when determining development capacities, land uses and zones, and establish clear thresholds for sensitive coastal areas (e.g. the maximum permitted proportion of developed coastline or a prohibition on further beach reclamation).

2.4. Climate Projections and Adaptation

The Terms of Reference identify climate change resilience as one of the objectives but do not require the Plan to be based on climate projections. The planning horizon extends to 2040, while the infrastructure and buildings developed under the Plan will remain in use for several decades beyond that. We therefore consider that the analytical section should include an assessment of up-to-date climate projections for the coastal area (scenarios from the IPCC Sixth Assessment Report and national reports under the UN Framework Convention on Climate Change), particularly regarding:

- sea-level rise, storm surges and coastal erosion;
- heatwaves, droughts and water availability during the summer season, when consumption is highest;
- wildfires and flash floods;
- rising sea temperatures and their impacts on marine ecosystems, including Posidonia oceanica seagrass meadows and the spread of invasive species.

On this basis, the Plan should map the most vulnerable areas, particularly low-lying coastal zones such as Velika Plaža and the Bojana River Delta, Tivatska Solila, and the lowland parts of the Bay of Kotor and the Budva Riviera. These findings should be reflected in the planning solutions through no-build zones, construction requirements for vulnerable areas and adaptation measures, prioritising nature-based solutions. Articles 22 and 23 of the Protocol on Integrated Coastal Zone Management contain obligations relating to natural hazards and coastal erosion that are directly applicable in this context.

2.5. Development Vision for the Coastal Region

The Terms of Reference state that the Plan “should follow the development vision for the Coastal Region”, but do not specify which vision is being referred to, in which document it has been established, or who defines it and through what process. If no such vision exists as an adopted document, we recommend that it be developed as part of the Plan preparation process through a participatory approach involving the six coastal municipalities, relevant institutions, the expert community, civil society and local communities. A vision developed in this way will carry greater weight during the subsequent implementation of the Plan.

2.6. Protected Areas and the 30x30 Target

The Global Biodiversity Framework (Target 3) sets the goal of ensuring that at least 30% of land and 30% of marine areas are effectively conserved by 2030. The EU Biodiversity Strategy sets the same target, with the additional requirement that one-third of protected areas, equivalent to 10% of the total area, be under strict protection. This target is also included in Montenegro's new National Biodiversity Strategy for 2026–2031. Montenegro's coastal area, particularly its marine component, currently falls significantly short of these targets.

We recommend that the Plan:

- identify and spatially designate areas for future protected areas on land and at sea, including marine protected areas, potential Natura 2000 sites and OECM areas;

- establish interim protection regimes for these areas that exclude land uses which could undermine the purpose of their future protection;

- designate zones where strict protection regimes are envisaged;

- define buffer zones around existing and planned protected areas, with clear rules for land use, and incorporate them into spatial use regimes and the graphical annexes, rather than leaving them solely as written guidelines.

2.7. Ecological Connectivity and Corridors

The Spatial Plan of Montenegro until 2040 includes, among the guidelines for the Coastal Region, the conservation of coastal mountains and green corridors in Orjen, Lovćen and Rumija, as well as the prevention of continuous development and the application of green corridors and open spaces. We recommend that the Plan further elaborate these guidelines at its own level by mapping the ecological network of the coastal area and the corridors connecting coastal mountains, river valleys and estuaries, lagoons, salt pans and the sea. These corridors and green spaces should be spatially designated in the land-use plan and assigned an appropriate protection regime, as otherwise they will remain merely a principle.

We particularly highlight the Bojana River Delta and its basin, as well as Ulcinj Salina, which are of great importance for birds along the Adriatic migratory route. Particular attention should also be paid to areas of importance for climate regulation, fish and pollinators. The ecosystem approach, which underpins the conventions referenced in the Decision on the Plan, should guide the assessment. Special attention should be given to the UNESCO Lake Skadar Biosphere Reserve, designated on 5 June this year, and its transboundary component.

2.8. Protected Species and Their Habitats

The Plan should be based on up-to-date data on the distribution of protected and threatened species and habitats on land and at sea, including Posidonia oceanica seagrass meadows, sand dunes, lagoons and river estuaries. For smaller sites hosting populations of rare, endemic or threatened species, we recommend considering the concept of micro-reserves, which is applied in several Mediterranean countries. Such sites often do not fit into conventional protected-area categories, and a spatial plan can secure their conservation through appropriate land-use designations and management regimes.

2.9. Restoration of Degraded Ecosystems

The Global Biodiversity Framework (Target 2) sets the goal of ensuring that at least 30% of degraded ecosystems are under effective restoration by 2030. The EU Nature Restoration Regulation requires Member States to implement restoration measures covering at least 20% of land and 20% of marine areas by 2030. Montenegro will have to transpose this legal framework as part of its EU accession process, making it appropriate for the Plan to take it into account already at this stage. Montenegro has already incorporated this commitment into its National Biodiversity Strategy.

We recommend that the Plan identify degraded areas within the coastal belt (abandoned extraction sites, degraded beaches and dunes, disturbed wetland and river ecosystems, damaged seabeds and illegally degraded areas) and establish priorities and spatial conditions for their restoration. Priority should be given to nature-based solutions, particularly where they simultaneously reduce the risks of erosion, flooding and the impacts of sea-level rise.

2.10. Adjacent Areas and the Lake Skadar Basin

The Plan excludes the territories of the “Lake Skadar” and “Lovćen” National Parks but includes their adjacent areas. Parts of the municipalities of Bar and Ulcinj belong to the Lake Skadar basin, for which a UNESCO Biosphere Reserve nomination has been established. We recommend that land-use designations and management regimes in adjacent zones, particularly in the part of the basin covered by the Plan, be aligned with conservation objectives, namely the zoning of the Biosphere Reserve.

3. Final Remarks

We recommend that the Strategic Environmental Assessment be carried out in parallel with the Plan, starting from the analytical phase, so that its findings, including the assessment of cumulative impacts and climate risks, can inform the selection of planning solutions rather than merely assess them retrospectively. We also recommend that interested members of the public be involved not only during the public consultation on the draft Plan but also at the stage of considering the planning concept and alternative solutions, in accordance with the principles of the Aarhus Convention.

EnvPro stands ready to contribute to the preparation of the Plan by providing data, expertise and participation in working meetings and consultations organised by the Agency. Should you require any further information or clarification, please do not hesitate to contact us at office@envpro.me.

Yours sincerely,

NGO Environmental Programme (EnvPro)