Environmental Guidelines of the EU & Landscape Policies
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Transcript of Environmental Guidelines of the EU & Landscape Policies
BRUSSELS, BELGIUM, NOVEMBER 21st 2009CENTRE INTERNATIONAL POUR LA VILLE, L`ARCHITECTURE ET LE
PAYSAGE (CIVA)
EFLA 20TH ANNIVERSARY CELEBRATION EFLA 20TH ANNIVERSARY CELEBRATION SEMINARSEMINAR
THE FUTURE OF EUROPE IN THE HANDS OF THE FUTURE OF EUROPE IN THE HANDS OF PROFESSIONAL LANDSCAPE ARCHITECTSPROFESSIONAL LANDSCAPE ARCHITECTS
Environmental guidelines Environmental guidelines of the EU and landscape of the EU and landscape
policiespoliciesDI Thomas Knoll
Knoll Planung & Beratung Ziviltechniker GmbH
Plan- and project-related assessment instruments:
SEAStrategic Environmental Assessmentfor plans and programmes
HDAHabitats Directive Assessment
PSAProtection of species assessment
EIAEnvironmental Impact Assessmentfor projects
Federal and federal state level European Union
SEA Directive
Habitats and Birds Directive (Natura 2000)
EIA Directive
Water Framework Directive
Plans and Programmes
Projects
Economic Activities
Environmental liability Directive
EU Directives & assessment EU Directives & assessment instrumentsinstruments
EU Directives & assessment EU Directives & assessment instrumentsinstruments
SEA Directive (Directive SEA Directive (Directive 2001/42/EC)2001/42/EC)
The purpose of the SEA (Strategic Environmental Assessment ) is to ensure that environmental consequences of certain plans and programmes are identified and assessed during their preparation and before their adoption. The public and environmental authorities can give their opinion and all results are integrated and taken into account in the course of the planning procedure. After the adoption of the plan or programme the public is informed about the decision and the way in which it was made.
EIA-Directive (Directive EIA-Directive (Directive 85/337/EEC)85/337/EEC)
The EIA (Environmental Impact Assessment) ensures that environmental consequences of projects are identified and assessed before authorisation is given. The public can give its opinion and all results are taken into account in the authorisation procedure of the project. The public is informed of the decision afterwards.
EU Directives & assessment EU Directives & assessment instrumentsinstruments
Habitats Directive (Directive Habitats Directive (Directive 92/43/EEC)92/43/EEC)
The Habitats Directive (together with the Birds Directive) forms the cornerstone of Europe's nature conservation policy.
It is built around two pillars: the Natura 2000 network of protected sites and the strict system of species protection.
Under the Habitats Directive there are established Special Areas of Conservation (SACs) for the Natura 2000 network.
All in all the directive protects over 1.000 animals and plant species and over 200 so called "habitat types" (e.g. special types of forests, meadows, wetlands, etc.), which are of European importance.
Birds Directive (Directive Birds Directive (Directive 79/409/EEC)79/409/EEC)
The Birds Directive is the EU’s oldest piece of nature legislation and one of the most important, creating a comprehensive scheme of protection for all wild bird species naturally occurring in the Union.
The Directive places great emphasis on the protection of habitats for endangered as well as migratory species, especially through the establishment of a coherent network of Special Protection Areas (SPAs) comprising all the most suitable territories for these species.
Since 1994 all SPAs form an integral part of the NATURA 2000 network.
Protection of speciesat federal state level
Habitats Directive Habitats Directive assessmentassessment
Protection of species Protection of species assessmentassessment
Art. 6 (3,4) of Habitats Directive Art. 12, 13, 16 of Habitats Directive
Art. 5, 9 of Birds Directive
EU Directives & assessment EU Directives & assessment instrumentsinstruments
Two pillars of Habitats and Birds DirectiveTwo pillars of Habitats and Birds Directive
Natura 2000 network:Protection of Natura 2000 sites (SACs &
SPAs)
The Habitats Directive AssessmentHabitats Directive Assessment is the assessment of Plans and Projects significantly affecting Natura 2000 sites:
Art. 6 (3) Habitats Directive: “Any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subject to appropriate assessment of its implications for the site in view of the site's conservation objectives. In the light of the conclusions of the assessment of the implications for the site and subject to the provisions of paragraph 4, the competent national authorities shall agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the site concerned and, if appropriate, after having obtained the opinion of the general public.”
Art. 6 (4) Habitats Directive: ”If, in spite of a negative assessment of the implications for the site and in the absence of alternative solutions, a plan or project must nevertheless be carried out for imperative reasons of overriding public interest, including those of a social or economic nature, the Member State shall take all compensatory measures necessary to ensure that the overall coherence of Natura 2000 is protected. It shall inform the Commission of the compensatory measures adopted.”
EU Directives & assessment EU Directives & assessment instrumentsinstruments
Water Framework Directive (Directive 2000/60/EC)Water Framework Directive (Directive 2000/60/EC) By means of this Framework Directive, the EU provides for the
management of inland surface waters, groundwater, transitional waters and coastal waters in order to prevent and reduce pollution, promote sustainable water use, protect the aquatic environment, improve the status of aquatic ecosystems and mitigate the effects of floods and droughts.
A management plan and programme of measures must be produced for each river basin district, taking account of the results of the analyses and studies carried out.
The measures provided for in the river basin management plan seek to:– prevent deterioration, enhance and restore bodies of surface water, achieve
good chemical and ecological status of such water and reduce pollution from discharges and emissions of hazardous substances;
– protect, enhance and restore all bodies of groundwater, prevent the pollution and deterioration of groundwater, and ensure a balance between groundwater abstraction and replenishment;
– preserve protected areas.
EU Directives & assessment EU Directives & assessment instrumentsinstruments
Environmental liability Directive (Directive 2004/35/EC)Environmental liability Directive (Directive 2004/35/EC) The Directive establishes a framework for environmental liability based
on the "polluter pays" principle, with a view to preventing and remedying environmental damage.
Under the terms of the Directive, environmental damage is defined as:– damage to the aquatic environment covered by EU water management
legislation– damage to species and natural habitats protected by the EU Birds or Habitats
Directive – contamination of the land which creates a significant risk to human health
Damages to protected species or natural habitats
Contaminationof the land Damages to water
Environmentaldamages
EU Directives & assessment EU Directives & assessment instrumentsinstruments
Assessment instruments and Assessment instruments and subjects of protection in subjects of protection in
AustriaAustriaEIA
human beings, fauna and flora; soil, water, air, climate and the landscape; material assets and the cultural heritage
SEAbiodiversity,
population, human health, fauna, flora,
soil, water, air, climatic factors, material assets,
cultural heritage, landscape
Approval pursuant to Nature Conservation Act landscape, recreational value of landscape, nature
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Habitats Directive assessment (Protection of Natura 2000 sites)
species in annex II of Habitats Directice, natural habitat types in annex I of Habitats Directive, birds in annex I of Birds
Directive & regularly occurring migratory species not listed in Annex I of Birds Directive
Protection of species assessmentProtected species under the act for protection of species
incl. species in annex IV of Habitats Directive + all species of naturally occurring birds (subject to Art. 1 of Birds Directive)
PlansPlans(Regional (Regional
Planning Act) Planning Act) ProjectsProjects
(Nature Conservation Act)(Nature Conservation Act)
Habitats Directive
assessment
EEXXAAMMPPLLEE
SEA - PaudorfSEA - Paudorf
The plan of the community Paudorf involves the redefinition of a suitable area for the extraction of mineral resources in the area of “Hörfarthgraben”.
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SEA - PaudorfSEA - Paudorf
Suitable area for the
extraction of mineral raw
materials
Material transport
Existing materials preparation plant
Existing quarry Wanko
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SEA - PaudorfSEA - Paudorf
Landscape Landscape assessment:assessment:
The suitable area is not visible because of the topography and the location in the middle of a forest area.
At project level it seems to be possible - by optimizing the route and the technology for the material transport – so that the plan has no significant effects on the landscape.
EEXXAAMMPPLLEE
EIA examplesEIA examples
Environmental Impact Assessments can be undertaken for individual projects such as a dam, motorway, airport or factory
Wind parksS10 - Highway construction project
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Habitats and Birds Directive in Habitats and Birds Directive in Lower AustriaLower Austria
The competent authorities in Lower Austria selected 20 Natura 2000 sites under the Habitats Directive and 16 sites under the Birds Directive. Pursuant to Section 9 of the Lower Austrian Nature Conservation Act, they were declared by ordinance to be "European Protection Areas".
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Example for site's conservation objectives in the Act Example for site's conservation objectives in the Act concerning "European Protection Areas“ in Lower concerning "European Protection Areas“ in Lower Austria:Austria:
“(3) For the site under the Birds Directive “Tullnerfelder Donau-Auen” the following conservation objectives are defined:
Maintenance or restoration of a sufficient diversity and area of habitats of all species mentioned in paragraph 2species mentioned in paragraph 2. Specifically, these are the maintenance of a sufficient amount of:– matured stand and deadwood rich forests with near-natural matured stand and deadwood rich forests with near-natural
forest species compositionforest species composition– river sections with a near-natural river dynamic and the river sections with a near-natural river dynamic and the
corresponding dynamic of the riparian zones……”corresponding dynamic of the riparian zones……”
Habitats and Birds Directive in Habitats and Birds Directive in Lower AustriaLower Austria
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Protection of species Protection of species assessmentassessment
S10 (Highway construction S10 (Highway construction project)project)
Picture: Anton MayerPicture: Anton Mayer
DI Knoll served as a consultant for the EIA and for the subsequent approval pursuant to Nature Conservation Act.
The project applicant was asked to submit an Habitats Directive assessment and an protection of species assessment within the framework of his environmental assessments.
Relevant effects arose especially for bats and otters. To secure the favorable conservation status the following measuresmeasures were required amongst others:– Development of a coherent and optimized bat habitat of
minimum 5 acres – Linking of culverts, bridges, ... to existing landmarks such
as tree rows or hedges that point to the Road – Development of a coherent and optimized otter habitat of
minimum 6 acres (near-natural river section and riparian zone)
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Environmental liabilityEnvironmental liability
Origin: http://www.netzwerk-umwelthaftung.de
Reduced breeding success of Alcedo atthis (protected species in Birds
Directive – annex I)
Dead fishes (protected species in Habitats Directive – annex II)
Damaged natural habitat type of Habitats Directive –
annex I
Natura 2000 site(SAC)
Initial situation: Fire at a chemical plant environmentally hazardous substances arrive via the fire water into the river
Result of a damage asessment: significant environmental damages
Dead Luronium natans (protected species in Habitats Directive –
annex II and IV)
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EU funding opportunities - EU funding opportunities - EnvironmentEnvironment
Rural Development Rural Development ProgrammesProgrammes
Under the EAFRD (European Agriculture Fund for Rural Development) (“ELER” in german)Legal foundation for measures is Regulation (EC) No 1698/2005: Agri-environment payments (Art. 39, „ÖPUL“ in german), Natura 2000 payments and payments linked to Directive 2000/60/EC(Art. 38), Natura 2000 payments (Art. 46), Forest-environment payments (Art. 47), Restoring forestry potential and introducing prevention actions (Art. 48), Conservation and upgrading of the rural heritage (Art. 57a), Training and information (Art. 58), Vocational training and information actions (Art. 21), Leader (Art. 61-65)
INTERREGINTERREGUnder the ERDF (European Regional Development Fund), “EFRE” in germanEuropean Territorial Cooperation
LIFE+LIFE+Regulation (EC) No 614/2007Environmental and nature conservation projects
The European Commission provides funding to projects and initiatives that promote its policy priorities throughout the European Union and further afield.
LIFELIFE is the European Union’s financial instrument supporting environmental and nature conservation projects throughout the Union and in some candidate and neighbouring countries.– LIFE+ Nature and Biodiversity supports projects that contribute to
the implementation of the EU's Birds and Habitats Directives, and that contribute to the EU's goal of halting the loss of biodiverity. The maximum co-financing rate can be 75 percent, but is normally 50 percent.
– LIFE+ Environment Policy and Governance supports technological projects that offer significant environmental benefits, for example process or efficiency improvements.
– LIFE+ Information and Communication co-finances up to 50 percent projects that spread information about environmental issues, such as climate change and conservation.
EU funding opportunities - EU funding opportunities - EnvironmentEnvironment
INTERREGINTERREG The INTERREG IV programme is part of the European
Territorial Cooperation objective of the Cohesion Policy for the period 2007-2013. It is financed by the European Regional Development Fund (ERDF).
INTERREG IVC: Interregional cooperation to exchange experience and good practice in regional development policies
INTERREG IVB: Transnational cooperation for activities improving integration within a specific space (e.g. North Sea, Northern Periphery)
INTERREG IVA: Cross-border cooperation for direct cooperation between areas separated by a border
EU funding opportunities - EU funding opportunities - EnvironmentEnvironment
Rural Development ProgrammesRural Development Programmes The Council Regulation (EC) No 1698/2005 for rural
development lays down the general rules governing Community support for rural development, financed by the EAFRD (European Agriculture Fund for Rural Development) .
It also defines the aims of rural development and the framework governing it.
The Fund will contribute to improving:– the competitiveness of agriculture and forestry– the environment and the countryside– the quality of life and the management of economic activity
in rural areas.
EU funding opportunities - EU funding opportunities - EnvironmentEnvironment
LIFE-Project:LIFE-Project:LIFE02 NAT/A/008518 LIFE02 NAT/A/008518
Restoration of Danube river banksRestoration of Danube river banks The project was awarded as
“Best LIFE Nature Project” Aim was the restoration of
river banks to a natural state:
All artificial elements strengthening the bank were removed on a 2.8 km pilot stretch of the left bank of the Danube opposite the town of Hainburg, so that erosion and accretion processes again lead to the formation of natural river bank structures.
Origin: www.donauauen.at
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LIFE-Project:LIFE-Project:LIFE02 ENV/A/000282 - Living River LIFE02 ENV/A/000282 - Living River
LiesingLiesing The objective of the pilot
project was to maximise the “ecological potential” of the River Liesing, in conformity with the Water Framework Directive and specifically with regard to “heavily modified water bodies”.
The revitalisation activities included construction measures to restore the river continuity, the restoration of semi-natural morphological conditions and former meanders, the construction of a semi-natural river bed with a gravel substrate, and the restoration of the river’s natural transport capacity.
Example of a goodExample of a good layman’s report:layman’s report:
Origin: http://ec.europa.eu/environment/life/toolkit/comtools/goodexamples/laymans.htm
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INTERREG-Project:INTERREG-Project:Park network „The Great Park network „The Great
Gardens“Gardens“ INTERREG is an EU-funded INTERREG is an EU-funded
programme that helps programme that helps Europe’s regions form Europe’s regions form partnerships to work partnerships to work together on common together on common projects.projects.
In the border area of Austria – Hungary – Slovakia, the parks of the Esterházy and Harrach families are of outstanding importance in terms of garden culture.
The cross-border EU-project “The Great Gardens” has established a network of parks, which supports the conservation of historical gardens, aims at a common tourism concept and constitutes a cross-border contribution to regional development.
Origin: www.diegrossengaerten.at
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INTERREG-Project:INTERREG-Project:Park network „The Great Park network „The Great
Gardens“Gardens“
Origin: www.diegrossengaerten.at
HARRACHPARKHARRACHPARK
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INTERREG-Project:INTERREG-Project:Environmentally Sustainable Transport and Environmentally Sustainable Transport and
Tourism in Sensitive Areas: Lake Neusiedl –Fertö-Tourism in Sensitive Areas: Lake Neusiedl –Fertö-tó Regiontó Region
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INTERREG-Project:INTERREG-Project:Environmentally Sustainable Transport and Environmentally Sustainable Transport and
Tourism in Sensitive Areas: Lake Neusiedl –Fertö-Tourism in Sensitive Areas: Lake Neusiedl –Fertö-tó Regiontó Region
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INTERREG-Project:INTERREG-Project:Environmentally Sustainable Transport and Environmentally Sustainable Transport and
Tourism in Sensitive Areas: Lake Neusiedl –Fertö-Tourism in Sensitive Areas: Lake Neusiedl –Fertö-tó Regiontó Region
EEXXAAMMPPLLEE
INTERREG-Project:INTERREG-Project:Environmentally Sustainable Transport and Environmentally Sustainable Transport and
Tourism in Sensitive Areas: Lake Neusiedl –Fertö-Tourism in Sensitive Areas: Lake Neusiedl –Fertö-tó Regiontó Region
EEXXAAMMPPLLEE
Rural Development Rural Development Programme:Programme:
The Austrian Agri-Environmental Programme The Austrian Agri-Environmental Programme „ÖPUL“„ÖPUL“
The “greening” of Austrian agriculture is promoted with the help of the Programme ÖPUL 2007 as well as with other measures within the framework of Rural Development 2007 – 2013.
Farms participate voluntarily in those measures. Through their environmentally compatible and extensive management they contribute to the sustainability of Austria’s natural resources.
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BRUSSELS, BELGIUM, NOVEMBER 21st 2009CENTRE INTERNATIONAL POUR LA VILLE, L`ARCHITECTURE ET LE
PAYSAGE (CIVA)
Thank you for your Thank you for your attention!attention!