Requirements of the Habitats Directive and planning and implementation of the projects

1

• Requirements of the Habitats Directive and
  planning and implementation of the projects
• Cohesion Fund and Environmental Impact Assessment
  
• TAIEX Seminar
• Prague, 24 February, 2005
• András Demeter,
• Nature Biodiversity Unit,
• Directorate-General Environment,
• European Commission
• Contact Andras.Demeter_at_cec.eu.int

2
Key Priorities of the 6th Environment Action
Programme
1. Climate Change 2. Nature and Biodiversity
One of the specific aims (Gothenburg summit)
Halt biodiversity decline by 2010! 3.
Environment and Health and quality of life
4. Natural Resources and Waste
156 priority actions
3
Legal Instruments for nature
National Legislation Protected species, protected
areas, hunting provisions, ...
European Union
International Conventions Bern, Bonn, Ramsar,
Washington (CITES), Biological Diversity
4
EU-nature conservation policy

• Two main directives
• Wild Birds Directive (79/409/EEC)
• bird species
• Habitats Directive (92/43/EEC)
• other animal and plant species, habitat types

5
PRIORITY EU LEGAL INSTRUMENTS FOR NATURE
BIODIVERSITY

• BIRDS DIR. - 1979
• All bird species protected
• No priority bird species (cf. indicative list
  for Life-Nature)
• EU territory treated as a whole
• Habitat conservation measures (incl. SPAs in
  NATURA 2000)
• Regulated hunting and trade limited to a few
  species

• HABITATS DIR. - 1992
• Species/habitats of EU interest protected
• Priority Habitats/species
• Biogeographical regions
• Site protection and management measures (SACs)
  in NATURA 2000
• Species protection and management

6
(No Transcript)
7
Natura 2000 network

• Global aim Maintain or restore the favourable
  conservation status of certain species and
  natural habitat types in their natural range

SPA
SCI
8
What is the target of protection under Natura
2000? - I

• Birds Directive
• 181 vulnerable bird species(Annex I)
• 13 species (EU1510)
• migratory bird species (esp. wetlands)

9
Implementing the Birds Directive nesting and
migratory species
10
2 of the 13 new bird species in Annex I also
proposed by CZ, HU, PL, SK (BG)
11
Setting up Natura 2000Birds Directive

• 1) Member States classify (CC by accession)
• 2) Commission takes coordinating role
• Reference list Important Bird Areas (IBAs) based
  on international criteria

12
What is the target of protection under Natura
2000? - II

• Species and habitats of Community interest
• Habitats Directive (its annexes I-V)
• appr. 200 habitats (EU15) 20 habitats
  (EU1510)
• appr. 700 species (EU15) 165 species (EU1510)

13
The species such as the steppe polecat (Mustela
eversmanii)or the beetle Carabus hungaricus have
been proposed by both the Czech Republic and
Hungary
14
Not only endemic plants...
Dianthus moravicus
Galium sudeticum
15
but also species which occur in other acceding
countries..
e.g. Cirsium brachycephalum
16
Setting up Natura 2000Habitats Directive

• 1) National lists proposed (CC by accession)
• 2) Selection process on biogeographical level
  (aim Community list) - MS EC - max. 3 years
• 3) Designation by MS max.
• 6 years after Community list

17
NATURA 2000 network
Habitat types (Annex I) Species (Annex II)
 Habitats  Directive Art. 3
National list of sites
May 2004
List of Sites of Community Importance
2005 - 2006
Special Conservation Areas
End 2007
 Birds Directive Art. 4
NATURA 2000
Special Protection Areas
NA103IT
18
(No Transcript)
19
What is special about Natura 2000?

• Clearly defined objectives
• Science based
• Biogeographic regions
• Site evaluation/selection on EU-level
• Management / Integration
• Legal obligation for the member states

20
State of play in 2005
21
Natura 2000 in the EU-15
22
What about the new Member States?
23
Special Protection Areas February, 2005
24
(No Transcript)
25
Sites of Community Importance February 2005
26
(No Transcript)
27
Article 6

• For sites Member States shall
• Establish necessary conservation measures
• Avoid deterioration
• Prepare appropriate assessment for any plan or
  project (except direct management of site)
• Likely to have a significant effect on site
• Either individually or in combination with other
  plans or projects

28
Article 6

• Requirements have to be transposed in the
  national legislation
• Appropriate assessment might be a separate
  document or part of the EIA package

29
The procedure

• Screening the process which identifies the
  likely impacts upon Natura 2000 site of a
  project or plan, either alone or in combination
  with other projects or plans, and considers
  whether these impacts are likely to be
  significant
• Appropriate assessment the consideration of the
  impact on the integrity of the Natura 2000 site
  of the project or plan with respect to the sites
  structure and function and its conservation
  objectives. Additionally, where there are adverse
  impacts, an assessment of the potential
  mitigation of those impacts
• Alternative solutions the process which examines
  alternative ways of achieving the objectives of
  the project or plan that avoid adverse impacts on
  the integrity of the Natura 2000 site
• If adverse impacts remain an assessment of
  compensatory measures where, in the light of an
  assessment of Imperative Reasons of Overriding
  Public Interest (IROPI), it is deemed that the
  project or plan should proceed.

30
Art. 6.3 and 6.4Habitats Directive
Plan/project with impact on a site
Is the plan/project likely to have a negative
impact on the values of the NATURA 2000 site?
1
?
YES
EVALUATION OF CONSEQUENCES
Does the evaluation conclude that there will be
significant negative consequences?
2
?
YES
STUDY OF ALTERNATIVE SOLUTIONS
If the initial project is kept
3

• No priority habitats/species and overriding
  public interest

?
YES
Inform the Commission COMPENSATION MEASURES

• Priority habitats/species and specific interest
  for human health, public safety or environment

?
YES
Opinion of the Commission COMPENSATION MEASURES

• Priority habitats/species and other overriding
  public interests

?
YES
OPINION OF THE EUROPEAN COMMISSION COMPENSATION
MEASURES
NA107IT
31
Screening
32
Screening

• Brief description of the plan or project
• Brief description of the site
• Brief description of potential effects on the
  Natura 2000 site
• Assessment of significance (use criteria)

33
No significant effect

• Fill in the Annex I (A) of the project document
• Signed and stamped by responsible authority
• Add the screening report to the project document
  and submit to the Commission

34
Appropriate assessment
To 6.4
35
Article 6

• Appropriate assessment
• Study prepared by project promoter
• Used by responsible nature conservation authority
  for the assessment and filling in the ANNEX I (A)
  form (in case of Community funding)

36
Appropriate assessment

• No significant negative consequences
• Mitigation measures
• Appropriate assessments report
• Should be made publicly accessible
• Annex I (A)

37
Alternative solutions

• It is for national competent authority to
  determine whether alternative solution exists or
  not
• Alternatives suggested by project proponent
• Alternatives suggested by other stakeholders
• Mitigation measures

38
Overriding public interest

• targeted to protect fundamental values for
  citizens lives (health, safety, environment)
• carrying out activities of economic or social
  nature, fulfilling specific obligations of public
  service
• within the framework of fundamental policies for
  the State and society
• Determined by national authorities
• Supported by evidence
• Weigh against conservation status of the site and
  objectives of the directive

39
Compensation measures

• Within the same biogeographic region (HD)
• Within the same range and/or migration rout (BD)
• Within the territory of the same Member State
• Maintain coherence of the Natura 2000 network
• Enlargement of the same site
• Designation of new site with the same quality,
  function and structure
• Restoration of an other site
• Creation of a new site

40
Compensation measures

• The Commission informed and consulted well in
  advance
• Timing of compensation agreed
• Responsibilities agreed (also financial)
• Legal (contractual measures in place)

41
Art. 6.3/4 Habitats Directive, simplified
Possible negative impact on Natura 2000 site?
yes
Nature impact assessment
If negative
Alternatives?
If no
Overriding public interest?
If yes
Compensation measures - Commission opinion (if
priority interest)
42
The way article 6 is implemented in the United
Kingdom (diagramme by Wyn Jones)
43
Appropriate Assessment of Plans and Projects
STOP
APPROPRIATE ASSESSMENT LOOP-LINE
44
Appropriate Assessment of Plans and Projects
STOP
APPROPRIATE ASSESSMENT LOOP-LINE
45
The Commission is concerned because

• The Habitats and Birds Directive a sector with
  high public attention for example, in mid-2003
• 53 of all environmental complaints (97 bad
  application)
• 30 of all environmental own initiative cases
  (93 bad application)
• 28 of all environmental infringement cases (78
  bad application)
• Most of them relate to project developments
  (art.6), not to designation of sites

46
dealing with plans and projects
SPECIFIC PROBLEMS

• Problems
• no or inappropriate nature impact assessments
• negative results of assessments not respected
• no alternatives considered
• no or inadequate mitigation / compensation
  measures
• no designation or nomination of a qualifying
  siteprovisions apply nevertheless (SPAs even
  stricter rules!)

New Member States Art.6 (2/3/4) apply from
accession onwards
47
The Commissions response

• Production of guidance documents
• Information communication (NATURA newsletter,
  web site, etc)
• Legal actions (many court cases)

48
Guidance documents, for example
49
(No Transcript)
50
(No Transcript)
51
Should there always be a conflicts between
conservation goals and economic interests?
52
Conclusions as regards planning vs. Art. 6 of the
Habitats Directive

• The Competent Authority must be competent
• Appropriate assessment ? EIA
• Case by case judgement important
• Resource-demanding legal obligation

53
Best of luck in applying Article 6, and thank
you for your attention!More information at
homepage

• http//europa.eu.int/comm/environment/
• nature/home.htm