EC GUIDANCE ON IWT AND NATURA 2000 CHAPTER 3 Kerstin Sundseth, Ecosystems LTD

Chapter 3: Overall purpose To give an overview of other EU environmental laws relevant to IWT To outline the interaction between these laws and the Habitats and Birds Directives Ecosystems LTD 3rd EC Rivers WG – Nov 2010

Other EU environmental laws Overview of other EU environmental laws relevant to IWT Water Framework Directive Flood Risk Directive Strategic Environmental Assessment Directive Environmental Impact Assessment Directive Ecosystems LTD 3rd EC Rivers WG – Nov 2010

WFD and HBD WFD is important for success of HBD: Prevent further deterioration of rivers Improves ecological status in all rivers (also outside N2000) Promotes coordinated/ integrated management through RBMPs Sets timetable for achieving objectives Encourages better monitoring Ecosystems LTD 3rd EC Rivers WG – Nov 2010

WFD and HBD Many links between WFD and HBD to ensure cross compliance and coordinated approach: Articles in WFD linking to HBD Art 4.1.c and 4.2 – setting environmental objectives Art 6 – register of protected areas incl N2000 Art 8 & Annex V– monitoring of water status Art 11 Annex VI&VII – programme of measures should also include those for FFH protected species and Natura 2000 sites where the maintenance or improvement of the status of water is an important factor for their protection Ecosystems LTD 3rd EC Rivers WG – Nov 2010

WFD and HBD But not one and the same : Different environmental objectives and scope: Good water status (potential) vs Favourable conservation status of selected species and habitat types If additional /stricter conservation measures required under HBD they must still be applied but not necessarily through RBMPs eg through implementation of Natura 2000 management plan) Ecosystems LTD 3rd EC Rivers WG – Nov 2010

WFD and HBD Assessing new developments: Art 4.7 of WFD – assesses if likely to compromise WFD objectives – all surface waters Art 6.3&4 of Habitats Directive – assesses if likely to adversely affect integrity of N2000 sites – limited to effects on N2000 sites If N2000 not affected then only Art 4.7 procedure required If WFD objectives not affected still need Art 6 assessment Good practice egs of combined assessments? more info on cross border research project Germany/Austria? Ecosystems LTD 3rd EC Rivers WG – Nov 2010

SEA, EIA and HBD SEA – for plans and programmes EIA – for projects Mandatory for transport plans/projects which set framework for future development consent of projects listed in EIA EIA – for projects Required for IWT projects which permit the passage of vessels over 1350 tonnes Other IWT need to be screened to determine if EIA needed AA – for both plans and projects But only for those likley to have a significant negative effect on Natura 2000 site(s) Ecosystems LTD 3rd EC Rivers WG – Nov 2010

SEA, EIA and HBD Similarities between the three assessments but SEA/EIA cannot be substitute for AA Can be combined/coordinated but results of AA needs to be clearly distinguishable as measures different aspects of natural environment SEAs/EIAs results to be ‘taken into account’ but AA results conditions the final decision – ie cannot be approved if AA is negative unless IROPI Ecosystems LTD 3rd EC Rivers WG – Nov 2010

Other EU environmental laws Flood risk Management Directive Overview of other EU env Directives needed? Or simple listing enough? Climate change – here or in chapter 6? International Conventions – in annex ? Advice of WG? Ecosystems LTD 3rd EC Rivers WG – Nov 2010