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CEER13.02.07

How to balance the public’s concerns and critical infrastructure

construction

Matti Vainio, Deputy HoUDG ENV – C.5, European Commission

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Fighting climate change, increasing security of supply

→ need for more inter-connectors

• Less black-outs

• Integration of large shares of intermittent renewables in electricity grids

• Also EU Emissions Trading Scheme (ETS) will work better in truly integrated electricity markets

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NIMBY*• NIMBY not invented in DG Environment• Environmental regulation of energy infrastructure

a reflection of NIMBY - not the root of it • Environmental Impact Assessment (EIA) and

Strategic Environmental Assessment (SEA) a transparent and rational way to deal with NIMBY

(NIMBY = Not In My Back-Yard)

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EU environmental legislation affecting inter-connectors

• Environmental Impact Assessment Directive (EIA)

• Strategic Environmental Assessment Directive (SEA)

• Natura 2000 Network•Habitats Directive•Birds Directive

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Trans-European Networks (Energy) Guidelines requires (Article 9)

• results of environmental impact assessments have to be taken into account before a funding decision is taken in accordance with the relevant Community legislation

• Concerns projects, plans and programmes

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Environmental Assessment

Policies

Plans & Programmescovered by SEA Directive (2001/42)

Projectscovered by EIA Directive (85/337/EEC, 97/11/EC

& 03/35/EC)

SEA and EIA are process-driven directives, and do not determine final decision (= political choice)

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EIA basic principles

• Key instrument for:

- integration of the environment into decision-making

- preventive approach• Assessment of impacts and their alternatives, identify

mitigation measures• Public consultations and consultations with

environmental authorities

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EIA procedure

Screening

Scoping

Environmental information

Consultation on environmental information

Decision

Only for Annex II projects

Upon request of the developer

The “Report”

Public, Env. Authorities...

Takes account of env. inf. and consultations

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EIA what projects? (Art.4)

• Annex I projectsEg overhead electrical power lines >220kV and >15 km

• Annex II projects

Mandatory EIA

Screening by Competent authorities

to decide if EIA needed or not

Energy projects normally fall under either Annex I or Annex II of the EIA Directive

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Informing and consulting• Environmental authorities (Art. 5, 6)

– consulted during scoping– can express opinion on env. information

• Public concerned (Art. 4, 6, 9)

• Other Member States (Art. 7, 9)– Only if other MSs affected by the project – incl. env. authorities and public concerned in those

MS(ESPOO Convention)

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Case law by the European Court of Justice

The EIA Directive has “a wide scope and a broad purpose” • Member States’ discretion is limited• Consistent emphasis on the fundamental purpose of the

Directive: projects likely to have significant environmental effects must undergo an EIA

• Exemptions to be interpreted narrowly

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SEA Directive - Objectives

• High level of protection of the environment• Integration of environmental considerations into the

preparation of plans and programmes • Promotion of sustainable development

by

an environmental assessment of certain plans and programmes likely to have significant effects on the environment

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SEA Directive and the planning process

• The environmental assessment must be carried out: – during preparation of the plan or programme – before adoption of the plan or programme

• SEA can be incorporated into existing (planning) procedures, or in new ones

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Natura 2000 Network

Birds Directive (79/409/EEC) and Habitats Directive (92/43/EEC)

• A major pillar of biodiversity action in Europe

• A combination of species and habitats protection

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Potential effects of power lines on nature (Habitats and Species)

• Habitats Directive: Provides safeguards for projects

affecting Natura 2000 sites (Article 6)

• Minimizing threats for nature conservation from power

lines and electricity transmission facilities

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Habitats Directive-Article 6

Article 6 sets out provisions which govern the conservationand management of Natura 2000 sites

Article 6(3) and 6(4): Plans or projects affecting Natura 2000sites

• Are power lines developments limited in Natura 2000 sites?

• No ‘a priori’ prohibition of these activities• Developments assessed on a case-by-case basis• Procedure for assessments and decisions• Supplementary protection measures for priority habitats

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Article 6(3) Plans and projects

• With likely significant effects against the site’s conservation objectives

• Form and content of appropriate assessment - relation with EIA Directive (can be part of the EIA)

• Approval by competent authorities only if site integrity not affected

• Uncertain or negative assessment – Provisions of Article 6(4). Sequential order of its steps to be followed

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Article 6(4) If uncertain or negative results ...

• Search for alternatives

• Examining imperative reasons of overriding public interest

• Taking compensatory measures to ensure the overall coherence of Natura 2000

• Adoption of a Commission’s opinion (in the presence of habitats or species of priority interest)

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Minimizing threats for nature conservation from power lines and electricity

transmission facilities

• Crucial initial steps when developing new power lines:

• Strategic and spatial planning helps to facilitate the long term procedure and avoids occurrence of difficulties at a later stage

• Identification of suitable route selection and design for reducing the risks for Natura 2000 sites

• Avoidance of migratory corridors and other large concentrations of birds

• Full application of Article 6(3) and 6(4) of the Habitats Directive

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Key conclusions

• The EIA-SEA & other environmental directives need to be respected

• If correctly applied, these save money, increase acceptance and better environment

• We are not aware of practical problems between these directives and building of new power lines

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References

EIA Guidance on http://europa.eu.int/comm/environment/eia/home.htm• SEA Guidance on http://

www.europa.eu.int/comm/environment/eia/home.htm

• ESPOO on http://www.unece.org/env/eia/welcome.html

• BEACON on http://www.transport-sea.net/• Nature Guidance on

http://ec.europa.eu/environment/nature/home.htm• New Environment and TENs guide

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Thank you