European Ocean Act: What Does the Public Consultation Reveal About the Future Ocean Act?

1. Background

On 5 June 2025, the European Commission adopted the European Ocean Pact, which, for the first time, brings together the European Union’s ocean-related policies within a single, coordinated framework. The Pact is structured around six priorities: (i) protecting and restoring ocean health, (ii) strengthening the competitiveness of the EU’s sustainable blue economy, (iii) supporting coastal, island and outermost communities, (iv) advancing ocean research, knowledge, skills and innovation, (v) enhancing maritime security and defence, and (vi) strengthening the EU’s ocean diplomacy and international ocean governance.

As part of this Pact, the Commission announced the European Ocean Act, one of the most ambitious legislative initiatives in this field, under the motto “One Ocean, One Strategy”. The European Ocean Act will be based on the revision and alignment of the Maritime Spatial Planning Directive[1] (MSP) and the Marine Strategy Framework Directive[2] (MSFD), consolidating the EU’s ocean-related objectives and targets within a single legislative framework, simplifying governance, reducing bureaucracy and modernising maritime spatial planning as a strategic tool.

Although initially scheduled for 2027, the legislative timetable has since been brought forward. In the Commission’s 2026 Work Programme, the European Ocean Act appears as a legislative initiative to be adopted in the fourth quarter of 2026. The Commission launched a call for evidence (which closed in February 2026) and, more recently, on 23 April 2026, opened a structured public consultation, which will remain open until 16 July 2026. We are therefore at a critical stage for participation and influence.

The European Union collectively holds the largest maritime area in the world, with approximately 70,000 km of coastline and 40% of its population living within 50 km of the sea. In this context, Portugal is one of the EU Member States with the largest Exclusive Economic Zone (EEZ), placing it in a uniquely strategic position and conferring upon it enhanced responsibility within the scope of this new legislative initiative. The European Ocean Act will therefore have a particularly significant impact on Portuguese economic operators.

2. The Public Consultation: Themes that Anticipate the Legislative Proposal

The structured public consultation on the European Ocean Act, open until 16 July 2026, provides the clearest indication of the likely content of the future legislation.

The questionnaire is divided into two parts: the first, addressed to all participants, assesses familiarity with maritime spatial planning, the impact of the current legislative framework and the level of support for new rules concerning governance, the environment and competitiveness; the second, more technical section, examines in greater detail the revision of the Maritime Spatial Planning Directive and the development of the Ocean Act. The questions posed by the Commission provide several indications as to the direction the legislation may take.

A. The Starting Point: Assessing the Effectiveness of the Existing Legislative Framework

The Commission first seeks to assess whether the Maritime Spatial Planning Directive, as implemented, “is effective in achieving its objectives” across six dimensions: contribution to the growth of maritime economies; sustainable use of marine resources; planning of current and future uses; protection of the marine environment; enhancement of knowledge; and contribution to achieving Good Environmental Status under the Marine Strategy Framework Directive.

B. More Rules, Greater Protection or Increased Competitiveness?

The consultation also asks respondents to indicate their views on several key policy choices currently under consideration, namely: (i) whether “stronger EU rules are needed to help use space more efficiently”; (ii) whether “the protection of marine ecosystems should be a priority in planning decisions”; (iii) whether “governments should be required to collect and share ocean data used to improve decision-making at national, regional and local level across the EU”; (iv) whether “the EU should ensure that ocean policies simultaneously support environmental protection and economic competitiveness”; (v) whether “a European ocean governance framework should be established to improve planning and the use of maritime space”; and finally, (vi) whether “ocean planning should systematically address the impacts of climate change on coasts, seas and oceans”.

C. Shared Use of Maritime Space and Assessment of Cumulative Impacts

The Commission also asks respondents “to what extent the multiple use of maritime space (for example, combining energy, transport and nature protection) should be encouraged”, promoting the sharing of the same area by several activities rather than an exclusive zoning approach, and whether, in planning maritime activities, “the cumulative environmental impacts of human activities” should be taken into account. In other words, whether each new project should be assessed not in isolation, but in light of the combined effects of all activities already taking place within the same area.

D. Cross-Border Cooperation and a Sea-Basin Approach

The consultation asks respondents about “the importance of cooperation between neighbouring countries in the management of shared maritime areas” and proposes a “more organised sea-basin approach” as a priority for the revision of the Directive. For Portugal, this dimension is particularly relevant, as the country shares an extensive maritime boundary with Spain in the Atlantic, with direct implications for shipping routes and the management of fisheries resources.

E. Priorities for Future Maritime Spatial Planning

Participants are invited to rank priorities by selecting up to four options that they consider urgent for the revision of the Directive, from a list of sixteen possibilities. Of particular relevance to economic operators are: “Strengthening cross-sectoral coordination within national administrations”; “Making maritime spatial planning ecosystem-based, so that maritime activities operate within the ecological limits of marine ecosystems”; “Integrating climate change mitigation and adaptation into planning”; “Improving coexistence/multiple use”; “Strengthening sustainable competitiveness”; and “Effective prevention of conflicts between different activities”. The priorities emerging from this consultation will directly influence the legislative proposal.

F. Maritime Security, Public Participation and Data Sharing

The consultation also addresses three cross-cutting issues that may significantly affect the operational framework applicable to economic operators.

First, it asks whether “the revised Directive should require security considerations to be incorporated into maritime spatial planning”. This question arises in the context of increasing threats to subsea infrastructure, such as telecommunications cables, pipelines and electricity interconnectors. An affirmative answer could lead to new protection requirements, exclusion zones or security risk assessments in the licensing of offshore projects.

Second, the consultation asks whether “minimum stakeholder participation requirements” should be established and whether “public access to ocean information should be improved to enhance transparency”. At present, participation rules in maritime spatial planning vary between Member States. The Commission is considering harmonising these requirements by defining who must be consulted, when consultations should take place and what obligations should apply in responding to stakeholders. For project promoters, standardisation would increase procedural predictability, by clarifying in advance the stages of the process and the relevant stakeholders. However, broader public access to information would also expose planning decisions to greater scrutiny and potential challenges from third parties.

Third, the consultation asks whether “Member States should be required to share the data used for maritime spatial planning” and whether a “European Ocean Observation Forum” should be established to coordinate observation systems. Mandatory data sharing among Member States and the centralisation of information at EU level could benefit investors by providing access to more comprehensive and comparable datasets. However, it may also create new obligations for operators involved in collecting or using marine data in the course of their activities.

3. Participation in the Public Consultation

The public consultation on the European Ocean Act is currently underway and will close on 16 July 2026, with the Commission expected to adopt the legislative proposal by the end of the year.

As the issues outlined above demonstrate, the Commission is currently defining the key policy choices that will shape the future regulatory framework governing Europe’s maritime space. This is therefore a decisive moment for stakeholders with interests in maritime areas to actively participate in the consultation and make their concerns and proposals heard by the European Commission, helping to shape the regulatory framework before it becomes consolidated.

Paulo Câmara| pc@servulo.com

Madalena Alegre Martins|  mam@servulo.com