Draft revised terms of reference Working Group on estuaries and coastal zones

Terms of Reference on... ... the task of elaborating a guidance document on the implementation of the EU nature legislation and the Water Framework Directive in estuaries and coastal zones, with particular attention to port-related activities and dredging.

Background of the guidance document Habitats directive Article (2)-The aim of this Directive is to contribute towards ensuring biodiversity through the conservation of natural habitats and of wild fauna and flora in the European territory of the Members States...maintain or restore at favourable conservation status, natural habitats and species of wild fauna and flora of Community interest....take into account economic social and cultural requirements and regional characteristics...

Background of the guidance document Birds Directive Article (1)-This Directive relates to the conservation of all species of naturally occurring birds in the wild state in the European territory of the Member States to which the Treaty applies. Article (2)-Member States shall take requisite measures to maintain the population of the species referred to in Article 1 at a level which corresponds in particular to ecological, scientific and cultural requirements, while taking account of economic and recreational requirements, or to adapt the population of these species to that level... Water Framework Directive Article (1)-The purpose of this Directive is to establish a framework for the protection of inland surface waters, transitional waters, coastal waters and groundwater

Background of the guidance document Coastal and estuarine areas host habitats and species of great conservation value. They are frequently protected under European environmental legislation. Estuaries and coastal zones offer numerous environmental or ecosystem services. Some water bodies were identified (or will be for marine areas) with a clear objective concerning the good ecological status stated in the Water Framework Directive (WFD).

Background of the guidance document ...More than 1.200 merchant ports dot some 100 000 km of European coasts; several hundred others punctuate the 36 000 km of our inland waterways” ...ports are key points of modal transfer and are of vital interest to handle 90% of Europe's international trade... ...The total number of container movements (empty and full) in 2005 was 250 million in the World, whereof more than a quarter occurred in Europe; ...experts predict for 2010 a further increase of 50% in container transport... ...Maritime traffic growth is evident and may require an adaptation or increase in port capacity... COM (2007) 616-European Ports Policy

Background of the guidance document Two new EC Communications: An Integrated Maritime Policy for the European Union (COM-2007-575) and European Ports Policy (COM-2007-616) Commission will issue guidelines on the application of the relevant Community environmental legislation to port development: the Working Group and the Guidance document will contribute to this commitment COM-2007-616: “legal uncertainty was mainly claimed by stakeholders in relation to the Birds and Habitats Directives”: the Working Group and the Guidance document will clarify the issues (not a legal document or interpretation)

Scope of the guidance document (I) The new guidance will mainly focus on the requirements of the Birds, Habitats and Water Framework Directives. Some general guidance will be given for the requirements of the Marine Strategy and Floods Assessment and Management Directives. Air emissions, waste, energy and environmental quality standards policies are not included unless absolutely necessary (Disposal of dredging material and its status regarding future waste policy)

Scope of the guidance document (II) While focusing mainly on estuaries and adjacent coastal areas, the guidance document will also cover aspects that apply to coastal zones in general. Commercial and industrial ports will be examined but some of the issues raised may concern also leisure and fishing ports even if they are not the key target of this document.

Scope of the guidance document (III) Port related activities to be considered (non restrictive): Port construction/extension Navigation dredging Local transport and logistic areas creation Aggregate extraction (sand mining) Industrial activities Drainage of sewage and waste water Water extraction (e.g. cooling or process water for power stations and industry) Safety (including sea defense and flood protection) And land planning including other environmental services and economical activities (fishery, agriculture, marine cultures, tourism, recreation…).

Thematic areas of the guidance document Thematic areas (see next presentations to launch the debate and collect WG views) Guidance on technical conservation issues (including issues related to conservation status of species and habitats, conservation objectives and monitoring systems) Guidance on planning and integrated management approaches 3. Guidance on new projects, mitigation and compensation Review of good practice examples will deliver key information for the former chapters

Review of good practice examples BE/NL Port of Antwerpen (Westerschelde) NL Port of Rotterdam (expansion of) DE Port of Hamburg (and the Elbe Estuary) UK ports (Humber, etc.) FR ports (Seine, Loire Gironde) ES ports (Granadilla) Mediterranean, Macaronesian, Baltic and Black See ports (to be identified) PARALIA NEW DELTA (Interreg III B) TIDE project Member State, National or Regional guidance ESPO

Type of document A document providing guidance to questions raised by stakeholders and an analysis of key concepts And A review of best practice examples 60-80 pages document

Methodology The Working Group on estuaries and coastal zones: experts from interested Member States scientific experts representatives of key stakeholder groups NGOs Initiatives and projects (Paralia…) Commission services (DG ENV, TREN, FISH) Contributions (existing or new ones) to be sent to the N2K Group experts: position papers, bibliography, case studies, scientific publications... marc.thauront@ecosphere.fr; Internal language skills: EN, FR, DE, more if key document Input and communication through CIRCA platform The meetings of the Working Group will be held in Brussels:  next one on 30 June (conservation issues ½ day, and planning ½ day)

Timetable Timetable March 08 April- May- June -08 July- Aug- Sept- Oct- Nov- Dec- 1 2 Second meeting of the Working Group   List of contents of guidance document Paralia Workshop Input from the Working Group on the 1st half of the guidance document through an internet application (i.e. CIRCA) Presentation of the final content and of 1st half of the guidance document to the Estuaries Working Group Input from the Estuaries Working Group on the 2nd half of the guidance document through an internet application (i.e. CIRCA) Presentation of 2nd half of the guidance document to the Working Group Final meeting with EC Finalisation of the Proposed Guidance Document