Guidance on electricity, gas and oil transmission infrastructure and Natura 2000 Sylvia Barova Unit B.3-Nature, DG ENV Habitats Committee Brussels, 29 April 2014

Purpose: To provide guidance on how best to ensure that developments of energy transmission infrastructure are compatible with the provisions of the Habitats and Birds Directives

Scope: terrestrial gas and oil transmission facilities terrestrial electricity transmission facilities marine gas (and oil) transmission facilities marine electricity transmission facilities The focus of this guidance document is on electricity, gas and oil transmission facilities, and does not include the impacts of energy production facilities such as oil platforms, hydroelectric dams, wind turbines, power stations, etc. The transmission of electricity is realised by powerlines or cables while pipelines are used for the transmission of gas and oil. Pipelines and cables can be constructed in both marine and terrestrial environments. In the European Union seas, few marine oil pipelines exist (those transmitting crude oil from offshore oil platforms to the shore), since tankers transmit processed oil, so the focus was put on the other energy transmission infrastructures. The guidance therefore considers the following facilities: - terrestrial gas and oil transmission facilities: buried pipelines, aboveground pipelines, watercourse crossing pipelines, and associated components (initial injection stations, pump (oil) and compressor (gas) stations, partial delivery station, block valve stations, regulator stations and final delivery stations); - terrestrial electricity transmission facilities: buried powerlines, overhead powerlines, and associated components (towers, substations and converter stations); - marine gas (and oil) transmission facilities: buried pipelines and pipelines laid on the seabed; - marine electricity transmission facilities: buried cables and cables laid on the seabed.

Content: provides information on known impacts and mitigation measures, refers to a number of documents or websites available elsewhere It focuses in particular on the procedures to follow under Article 6 of the Habitats Directive Provides clarifications on certain key aspects of the approval process. The purpose of this document is to provide guidance on how best to ensure that developments of energy transmission infrastructure are compatible with the provisions of the Habitats and Birds Directives. It provides information on known impacts and mitigation measures, but also refers to a number of documents or websites available elsewhere that may be interesting for readers to refer to. It focuses in particular on the procedures to follow under Article 6 of the Habitats Directive when dealing with plans and projects related to energy transmission infrastructures, which could affect a Natura 2000 site and provides clarifications on certain key aspects of this approval process. The document is designed principally for use by any stakeholder involved in the development and approval process of energy infrastructure developments. The stakeholders likely to be involved are: Competent authorities dealing with nature protection, energy issues and land-use planning, who are respectively in charge of ensuring that no significant impacts occur on the Natura 2000 sites, for supporting energy projects, and for delivering development consent (likely to depend from different Ministries); Developers and investors, who propose a plan or project and are responsible for providing the information necessary to the competent authority to decide whether the plan or project can be approved; Scientific experts and consultants, who provide expertise on the impacts that the plan or project is expected to have and can also propose avoidance, mitigation and compensation measures; Natura 2000 site managers, who similarly can provide information, or identify potential impacts not yet assessed; and may be impacted by the plan or project; NGOs, who can identify potential impacts not yet assessed or provide information on impacts, and sometimes even oppose a plan or project; The wider public, who can express a view about a plan or project, and provide further information;

Structure of the guide (1): Purpose and structure of this Guidance Chapters 1-2 context setting: Chapter 1: Energy infrastructure development in the EU Chapter 2: The EU nature legislation Chapters 3-7 the guidance part: Chapter 3: Potential impacts of transmission facilities Chapter 4: Potential effects on wild birds Chapter 5: Potential mitigation for electricity plans or projects on wild birds Chapter 6: The importance of adopting a strategic approach to planning Chapter 7: the permitting procedure under article 6 of the Habitats directive Chapter 8: Energy transmission infrastructure in the marine environment

Structure of the guide (2): References Annexes: Annex I: National and international initiatives Annex II: A summary of evidence on the population-level impact of power lines on globally threatened (IUCN, 2012) bird species Annex III: Examples on the impact of power lines on meta-populations of bird species listed under Birds Directive Annex I Annex IV: A proposed list of priority species for prevention and mitigation of power line impact within the EU

Target audience: Competent authorities dealing with nature protection, energy issues and land-use planning Developers and investors Scientific experts and consultants Natura 2000 site managers NGO The wider public The document is designed principally for use by any stakeholder involved in the development and approval process of energy infrastructure developments. The stakeholders likely to be involved are: - Competent authorities dealing with nature protection, energy issues and land-use planning, who are respectively in charge of ensuring that no significant impacts occur on the Natura 2000 sites, for supporting energy projects, and for delivering development consent (likely to depend from different Ministries); - Developers and investors, who propose a plan or project and are responsible for providing the information necessary to the competent authority to decide whether the plan or project can be approved; - Scientific experts and consultants, who provide expertise on the impacts that the plan or project is expected to have and can also propose avoidance, mitigation and compensation measures; - Natura 2000 site managers, who similarly can provide information, or identify potential impacts not yet assessed; and may be impacted by the plan or project; - NGOs, who can identify potential impacts not yet assessed or provide information on impacts, and sometimes even oppose a plan or project; The wider public, who can express a view about a plan or project, and provide further information;

Work carried out so far: Draft Guidance was prepared through a contract; Workshop with MS and stakeholders took place in June 2012 Final draft was submitted to the Habitats Committee in July 2013 for written comments ; Consultation with DG ENER. Further elaboration of the section on energy transmission infrastructure in marine environment

Next steps: Interservice consultation with concerned DGs; Publication by the Commission (on the website and limited printed edition); Presentation of the guidance on various relevant foras.

For more information: Sylvia Barova sylvia.barova@ec.europa.eu Ludovic Le Maresquier Ludovic.Le-maresquier@ec.europa.eu