Wadden Sea

• Fishing/collecting aquatic resources
• Water infrastructure
• Marine transport infrastructure
• Buildings and development/major visitor accommodation and associated infrastructure
• Climate change and severe weather events
• Non-renewable energy facilities, renewable energy facilities, major linear utilities

N/A

On 14 February 2024, the State Party submitted a state of conservation report, which is available at https://whc.unesco.org/en/list/1314/documents/, providing the following information:

• The Single Integrated Management Plan (SIMP) for the property is in its implementation phase, and a Trilateral Climate Change Adaptation Strategy (2014), as well as trilateral policy instruments and organisational structures, are in place to support the analysis of climate projections for the property and the integration of climate change adaptation into management. A new thematic report on climate change in the Wadden Sea is expected to be released in 2024;
• Trilateral agreements (including the Wilhelmshaven Declaration, signed in May 2023) do not allow the construction of wind turbines, oil and gas exploration, exploitation and the construction of new oil and gas installations within the boundaries of the property. Nevertheless, these could be permitted in the vicinity of the property (extending also underneath it), in accordance with national regulatory frameworks, if there is reasonable assurance that no significant damage will occur to the unique and vulnerable natural environment;
• The Kingdom of the Netherlands has drafted a legislative proposal to deny new permits for gas and salt extraction under the property. Maps and shapefiles have been submitted to provide an overview of existing and planned natural resource extraction within the property and its wider setting;
• The final decision on the proposed gas extraction project in Ternaard is pending and was expected to be taken before 1 April 2024. The permit is opposed by local governments and the Wadden Sea Area Stakeholder Platform;
• The GEMS project application to develop a gas field exploitation in the Dutch and German parts of the North Sea, outside the property, is pending with the Dutch authorities;
• The ‘hand-on-tap’ monitoring method used by the Kingdom of the Netherlands for gas and salt extraction is under evaluation. The review will consider new sea level rise scenarios being developed (as sea level is expected to rise at an increasing rate after 2026), which was likely to lead to a change in the ‘hand on tap’ system in early 2024. A precautionary approach is applied to decisions on the granting of permits for mining activities that take place deep in the subsurface;
• Various scientific studies have been carried out on salt mining and the “acceptable subsidence” associated with the abandonment of salt mining operations. In 2024, an update of a 2015 production plan for salt mining was received by the Dutch Ministry;
• Wintershall Dea’s oil production is taking place within an area that was excluded from the German part of the property’s boundary during the nomination process (i.e., an exclave). The 2019 application for a new oil drilling field approximately 2,000 metres below the Wadden Sea National Park (to be exploited from the existing ‘Mittelplate A’ platform outside the property) is still pending a decision. In relation to this application, the company was given a hearing on a draft rejection notice and its response is currently being evaluated. The production licence for the existing ‘Mittelplate A’ exploitation site is limited until 2041. Germany intends to reduce the area of the existing exclave by submitting a minor boundary modification;
• To meet the EU’s renewable energy targets and climate change mitigation goals, the number and density of wind energy projects are increasing in the North Sea. To connect offshore wind farms to the mainland, the States Parties intend to explore possibilities to concentrate cable crossings on a minimum number of cable corridors and to mitigate negative impacts on the Outstanding Universal Value (OUV). Interregional grid (interconnectors) and hydrogen pipelines crossing the property are also under discussion. For the Netherlands’ project to connect an offshore windfarm in the North Sea to the mainland (PAWOZ – Eemshaven programme), the related Strategic Environmental Assessment (SEA) is expected to become available in the second half of 2024, while the programme itself is expected to be adopted before the end of 2024;
• The explicit consideration of the OUV of the property when assessing potential impacts is not a common practice within the respective planning procedures of the States Parties, although EU Directives that cover impacts on Natura 2000 sites show significant overlap with an OUV assessment;
• The development of the joint SEA requested by the Committee will be based on EU legislation, but the suspension of project permitting procedures may not be possible in all cases due to legal rights for timely approval. The States Parties regard the SEA preparation as an opportunity to strengthen the consideration of World Heritage issues by competent authorities and to harmonise national policies on the assessment of cumulative impacts;
• The report also provides information on a list of activities that may have an impact (positive or negative) on the property’s OUV, including reduced fisheries activities, visitor management to protect nesting birds, sustainable shipping and ports operations, the Dark Sky Initiative, climate vulnerability assessment, and expansion of Biosphere Reserves.

In addition, on 15 March 2024, the States Parties jointly submitted a letter to the World Heritage Centre in response to concerns raised by several NGOs from Denmark, Germany and the Kingdom of the Netherlands regarding the protection and management of the property, the state of conservation, as well as a legal analysis concluding that OUV is not automatically covered by impact assessments required by Natura 2000 regulations, which had been transmitted to the States Parties on 5 February 2024.

On 29 March 2024, the Kingdom of the Netherlands informed the World Heritage Centre that the gas extraction project at Ternaard will not be permitted for the time being. The supervisory authority considers the risk of subsidence in the Wadden Sea to be too high following new findings on sea level rise. The proposed project is therefore rejected, unless the project proponent can provide additional data to show that extraction is possible without negative impact on the property.

On 24 April 2024, the World Heritage Centre also received updated information on a facility to produce hydrogen and ammonia (Project Hoest) in Esbjerg (Denmark), including an Environmental Impact Assessment (EIA).

At the extended 45th session, concerns about the potential cumulative impacts of numerous activities and infrastructure developments on the OUV of the property were brought to the attention of the Committee, including extractive activities (oil, salt and gas), port and shipping, and energy infrastructure. Cumulative impacts must also be assessed in the context of climate change, especially noting accelerating sea level rise as one of the property’s major threats.

The efforts undertaken by the States Parties to address these challenges are appreciated. Through the Wilhelmshaven Declaration, the States Parties have made a political commitment to enhance the protection of the property and the resilience of the Wadden Sea ecosystem to climate change. The development of the SIMP has established a stronger strategic approach to the long-term preservation of the property. The ongoing update of the climate change report is noted. The report should be submitted to the World Heritage Centre when it becomes available.

The impacts of extractive activities in and near the property on the OUV remain a major concern. The established position that extractive activities and World Heritage status are incompatible should be reiterated. While it is noted that the construction of installations for oil and gas within the property is prohibited under the trilateral agreements, numerous extractive activities are taking place below the property from installations located outside its boundaries, according to the States Parties’ information. There are also various extractive activities operating or planned in the property’s wider setting. Extractive activities to extract hydrocarbon or salt deposits below the property continue to pose potential adverse impacts on its OUV, through further contributing to sea floor subsidence. Appropriate measures should be taken to address these threats, including a decision not to authorise projects that may contribute to seabed subsidence in the property, and to limit or halt existing salt extraction activities. In this respect, it is noted that the information available on the official website of the Dutch Parliament indicates that the legislative proposal to deny new permits for gas and salt extraction under the property was adopted on 12 March 2024.

As the property has no buffer zone, it is important to recall Paragraph 112 of the Operational Guidelines, which highlights that an effective management approach extends beyond the property to include its wider setting, as its management is related to its role in supporting the OUV of the property. While it is noted that the decision-making processes at the appropriate levels and related impact assessments within the respective States Parties are consistent with national and EU regulations, it is of concern that they do not systematically consider impacts on the OUV of the property, as required by Paragraph 118bis of the Operational Guidelines. Various EIAs which the World Heritage Centre has received (for example Project Hoest a few meters outside the property) do not make any reference to the OUV of the property and are therefore insufficient.

All pending exploration or exploitation projects in the wider setting of the property, including the GEMS project application, should be comprehensively assessed in accordance with the Guidance and Toolkit for Impact Assessments in a World Heritage Context and should only be authorised if such assessments demonstrate that they will not have adverse impacts on the OUV of the property.

The recent decision not to approve the proposed gas extraction project at Ternaard based on the assessment by the supervisory authority that the risk of subsidence in the Wadden Sea was too high in light of new sea-level rise projections is positive. Whilst noting that a final decision on this project is still pending, in view of the risks identified and the potential impact on the OUV of the property, it is recommended that the Committee requests the State Party of the Netherlands to take an unequivocal decision not to approve the project, also in accordance with the legislation adopted on 12 March 2024, not to issue any new gas extraction permits under the property.

Noting that the application by Wintershall Dea for new oil drilling in an area encircled by the property (i.e. the exclave), and which would access oil reserves below the property, is still pending at the time of writing, it is recommended that the application not be approved, in line with the reported draft rejection and the intention to reduce the area of the existing exclave by submitting a minor boundary modification. The latter is welcomed, and it is recommended that the Committee encourage the State Party of Germany to work towards the closure of the exclaves within the property, as contained in the Wilhelmshaven Declaration. In line with this Declaration and the draft rejection of Wintershall Dea’s application, it is recommended that the State Party of Germany not grant any new drilling licences or applications for extensions of existing licences in these exclaves.

Given the potential impact of gas and salt extraction activities on the OUV of the property, the ongoing evaluation and updating of the ‘hand-on-tap’ monitoring method, used by the Netherlands to monitor and approve such activities, to take into account updated sea level rise scenarios is therefore very important.

While it is important to recognise the necessity to accelerate renewable energy production, the increasing number of onshore and offshore energy facilities within the wider setting of the property is an issue of continuing concern. It is positive that the States Parties aim to strategically manage the need for offshore infrastructure to connect cables to the mainland, with the aim of avoiding negative impacts on the attributes of OUV. Therefore, cable routes should be reviewed, and new grid connection routes and installation methods carefully planned, minimising their number by aligning corridors and using areas less important for biodiversity or already affected by other activities. It is noted that the SEA of the PAWOZ-Eemshaven programme has not yet been completed and will need to be submitted to the World Heritage Centre for review by IUCN. With regard to onshore wind energy facilities, these should be planned to avoid negative impacts on migratory birds which constitute an important attribute of the OUV.

Recalling concerns regarding the potential cumulative impact of the various ongoing or planned activities within the property and its wider landscape, including the aforementioned extractive and energy infrastructure, as well as port development, shipping routes, dredging and dumping of sediments from dredging outside the property, fisheries, tourism, coastal protection projects, etc., it is appreciated that the joint SEA to assess cumulative impacts of extractive activities and infrastructure developments within and around the property is under development. It is important that the SEA takes into consideration all activities that may contribute to a cumulative impact on the attributes conveying the OUV of the property, and that it is carried out in accordance with the principles of the Guidance and Toolkit for Impact Assessments in a World Heritage Context, which emphasises that any loss of or damage to OUV is unacceptable, with offsetting considered inappropriate in a World Heritage context. Therefore, the approach of basing the SEA on EU legislation alone may not be sufficient if this does not align with the principles of the Guidance. Defining the baseline for the SEA is a crucial part of this task, therefore it is recommended that the States Parties submit the scoping report of the SEA to the World Heritage Centre for review.

Continued dialogue with the three States Parties on the state of conservation of the property, the effectiveness of the management system put in place to protect and preserve its OUV, the impacts of specific planned and implemented projects related to extractive industries and renewable energy facilities, as well as the progress made in the preparation of the SEA is a priority. In this regard, the States Parties may wish to convene online or in-person meetings with the World Heritage Centre and IUCN.