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

2. 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 rd EC Rivers WG – Nov 2010

3. 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 rd EC Rivers WG – Nov 2010

4. 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 rd EC Rivers WG – Nov 2010

5. 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 rd EC Rivers WG – Nov 2010

6. 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 rd EC Rivers WG – Nov 2010

7. 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 rd EC Rivers WG – Nov 2010

8. 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 rd EC Rivers WG – Nov 2010

9. 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 rd EC Rivers WG – Nov 2010

10. 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 rd EC Rivers WG – Nov 2010