EFLA 20TH ANNIVERSARY CELEBRATION SEMINAR THE FUTURE OF EUROPE IN THE HANDS OF PROFESSIONAL LANDSCAPE ARCHITECTS
Environmental guidelines of the EU and landscape policies DI Thomas Knoll Knoll • Planung & Beratung Ziviltechniker GmbH
BRUSSELS, BELGIUM, NOVEMBER 21st 2009 CENTRE INTERNATIONAL POUR LA VILLE, L`ARCHITECTURE ET LE PAYSAGE (CIVA)
EU Directives & assessment instruments Plan- and project-related assessment instruments: SEA Strategic Environmental Assessment for plans and programmes
SEA Directive
EIA Environmental Impact Assessment for projects
Plans and Programmes Projects Economic Activities
EIA Directive
HDA Habitats Directive Assessment
PSA
Habitats and Birds Directive (Natura 2000)
Protection of species assessment
Water Framework Directive Environmental liability Directive
Federal and federal state level
European Union
EU Directives & assessment instruments
SEA Directive (Directive 2001/42/EC)
EIA-Directive (Directive 85/337/EEC)
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.
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 instruments
Habitats Directive (Directive 92/43/EEC)
Birds Directive (Directive 79/409/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.
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.
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.
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.
EU Directives & assessment instruments Two pillars of Habitats and Birds Directive Natura 2000 network: Protection of Natura 2000 sites (SACs & SPAs)
Protection of species at federal state level
Habitats Directive assessment
Protection of species assessment
Art. 6 (3,4) of Habitats Directive
Art. 12, 13, 16 of Habitats Directive Art. 5, 9 of Birds Directive
EU Directives & assessment instruments
The Habitats 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 instruments
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 instruments
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
Contamination of the land
Environmental damages
Damages to water
Assessment instruments and subjects of protection in Austria EIA
FEDERAL STATE LEVEL
FEDERAL LEVEL
human beings, fauna and flora; soil, water, air, climate and the landscape; material assets and the cultural heritage
Plans
(Regional Planning Act) SEA biodiversity, population, human health, fauna, flora, soil, water, air, climatic factors, material assets, cultural heritage, landscape
Habitats Directive assessment
Projects
(Nature Conservation Act) Approval pursuant to Nature Conservation Act landscape, recreational value of landscape, nature
Protection of species assessment Protected 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)
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
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SEA - 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 - Paudorf Existing materials preparation plant Suitable area for the extraction of mineral raw materials
Existing quarry Wanko
Material transport
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SEA - Paudorf
Landscape 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.
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EIA examples S10 - Highway construction project
ď Ž
Environmental Impact Assessments can be undertaken for individual projects such as a dam, motorway, airport or factory
Wind parks
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Habitats and Birds Directive in Lower Austria ď Ž
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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Habitats and Birds Directive in Lower Austria
Example for site's conservation objectives in the Act concerning "European Protection Areas“ in Lower 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 2. 2 Specifically, these are the maintenance of a sufficient amount of: – matured stand and deadwood rich forests with near-natural forest species composition – river sections with a near-natural river dynamic and the corresponding dynamic of the riparian zones……”
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Protection of species assessment S10 (Highway construction project)
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 measures 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)
Picture: Anton Mayer
Picture: Anton Mayer
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Environmental liability
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 Damaged natural habitat type of Habitats Directive – annex I
Reduced breeding success of Alcedo atthis (protected species in Birds Directive – annex I)
Natura 2000 site (SAC)
Origin: http://www.netzwerk-umwelthaftung.de
Dead Luronium natans (protected species in Habitats Directive – annex II and IV)
Dead fishes (protected species in Habitats Directive – annex II)
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EU funding opportunities Environment Rural Development Programmes
INTERREG
Under the EAFRD (European Agriculture Fund for Rural Development) (“ELER” in german)
Under the ERDF (European Regional Development Fund), “EFRE” in german
Legal foundation for measures is Regulation (EC) No 1698/2005:
European Territorial Cooperation
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)
LIFE+ Regulation (EC) No 614/2007 Environmental and nature conservation projects
EU funding opportunities Environment
The European Commission provides funding to projects and initiatives that promote its policy priorities throughout the European Union and further afield.
LIFE 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 Environment
INTERREG
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 Environment
Rural 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.
LIFE-Project:
LIFE02 NAT/A/008518 Restoration 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:
LIFE02 ENV/A/000282 - Living River Liesing
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 good layman’s report:
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Origin: http://ec.europa.eu/environment/life/toolkit/comtools/g
INTERREG-Project: Park network „The Great Gardens“
INTERREG is an EU-funded programme that helps Europe’s regions form partnerships to work together on common 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.
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Origin: www.diegrossengaerten.at
INTERREG-Project: Park network „The Great Gardens“
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HARRACHPARK
Origin: www.diegrossengaerten.at
INTERREG-Project:
Environmentally Sustainable Transport and Tourism in Sensitive Areas: Lake Neusiedl –Fertö-tó Region
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INTERREG-Project:
Environmentally Sustainable Transport and Tourism in Sensitive Areas: Lake Neusiedl –Fertö-tó Region
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INTERREG-Project:
Environmentally Sustainable Transport and Tourism in Sensitive Areas: Lake Neusiedl –Fertö-tó Region
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INTERREG-Project:
Environmentally Sustainable Transport and Tourism in Sensitive Areas: Lake Neusiedl –Fertö-tó Region
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Rural Development Programme:
The Austrian Agri-Environmental Programme „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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Thank you for your attention!
BRUSSELS, BELGIUM, NOVEMBER 21st 2009 CENTRE INTERNATIONAL POUR LA VILLE, L`ARCHITECTURE ET LE PAYSAGE (CIVA)