"International Forum: Contribution of the Extractive Industry to Natura 2000 network"

Madrid, 9 February 2017

Natura 2000 network and the extractive industry - European guide: Non-energyextractive industry and Natura 2000;

Compatibility mechanisms

Nicola NotaroHead of Nature Protection Unit,

European Commission, DG Environment,

Outline of the presentation

EU framework on Biodiversity / nature legislation / Natura 2000

Non-Energy Extractive activities & Natura 2000: Commission Guidance

Nature legislation Fitness Check – Action Plan

EU biodiversity strategy to 2020« Our life insurance, our natural capital »

A 2050 VISIONEuropean Union biodiversity and the ecosystem services it provides – its natural

capital – are protected, valued and appropriately restored…

A 2020 HEADLINE TARGET

Halt the loss of biodiversity and ecosystem services in the EU and restore them insofar as feasible, and step up the EU's contribution to averting global biodiversity loss

Natura 2000 Networkcentral pillar of EU biodiversity policy

• The EU wide ecological network of protected areas

• Aims to ensure long-term survival of Europe's most valuable/threatened species and habitats

• The largest co-ordinated network of conservationareas in the world

As of 2016:

Total nr of sites in EU28 27.312 sites

Total area covered: 1,147,956 km²

18,1 % of land area of EU

~6 % of marine area

Service of the Natura 2000 network

Carbon storage

9.600 million tons(Natura 2000 network)

Protection from natural risks

Eg: Belgium: annual benefits from restoration of wetlands estimated at €640,000–1,650,000

Pollination

Protection of numerous pollinator species

Services of the Natura 2000 network

Tourism

Expenses of visitors to Natura 2000 sites ≈ €50–85 billion/year (2006)

Water purification and

regulation

In 4 municipalities analysed, the relevant benefits are €15-€45 million/ year.

Forest products

Wood, food, fuel, hunting, resin, cork, etc.

Key features of Natura 2000

Conserves species & habitats across entire natural range in EU, irrespective of political boundaries

Selects sites using the same scientific criteria

Offers strong legal protection but has high flexibilityand subsidiarity provisions

Works in collaboration with land owners & users; sites are not strict nature reserves

Supports sustainable development: new activities or development affecting N2000 are not automatically excluded but subject to case by case assessment

The State of Nature in the EU

The Central European population of the Eastern Imperial Eagle is increasing thanks to EU level action

!

52%

15%

17%

16%

Secure

Near Threatened, Declining or Depleted

Threatened

Unknown

1515

Other species

The Habitats Directive protects over 1,200 other rare,

threatened or endemic species of wild animals and plants

– o en collectively referred to as species of European

importance.

They include some high-profile species like the Iberian

Lynx, Lynx pardinus, one of the rarest cats in the world,

and the Mediterranean Monk Seal, Monachus monachus,

as well as many lesser known, but equally important,

species such as the Stag Beetle, Lucanus cervus, the

Lady’s-slipper Orchid, Cypripedium calceolus, and the

European Tree Frog, Hyla arborea.

As with the Birds Directive, the Habitats Directive requires

uniform EU-wide provisions to be applied to ensure the

protection and sustainable use of species listed in the

Directive. It also requires core sites to be designated for

over 900 species listed in Annex II.

According to the State of Nature report , almost a

quarter (23%) of the species protected under the

Habitats Directive are in a favourable conservation

status at EU level. But , at the same t ime, over half

(60%) have an unfavourable assessment .

Conservation status of species

LEFT Common European Tree Frog, Hyla arborea.

Overall, some 23% of the EU-level species

assessments indicate a favourable status.

On the other hand, 60% are unfavourable, of

which 42% are considered to be unfavourable –

inadequate and 18% are unfavourable – bad.

More than one-sixth (17%) of species

assessments have an unknown status. Data

on marine species are notably incomplete. For

instance, almost no data exist for many of

the species of cetaceans and marine turtles

protected under the Directive.

Conservation status trends

In relation to conservation trends, 4% of

species are unfavourable but improving,

20% are stable, 22% are deteriorating and

14% are without a known trend.

The Otter, Lutra lutra, is one of the species

that is showing signs of improvement. In the

Atlantic region, it has made a steady recovery

over the last 20 years thanks to a decrease in

certain waterborne pollutants such as PCBs

and mercury, protection from hunting and

improvements in its aquatic habitats.

The Large Copper butterfly, Lyceana dispar, is

also improving across the Continental region

thanks to targeted conservation measures.Conservation status and trends of species

Conservation status of species

17%

23%

18%

42%

Unknown

Favourable

Unfavourable – inadequate

Unfavourable – bad

Unknown

Favourable

Unfavourable – improving

Unfavourable – stable

Unfavourable – deteriorating

Unfavourable – unknown trend

17%

20%

23%

14%

22%

4%

19

16%

30%4%

10%7%

33%Unknown

Favourable

Unfavourable – improving

Unfavourable – stable

Unfavourable – deteriorating

Unfavourable – unknown trend

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The EU has a stunning diversity of landscapes and habitats

for its size, a significant proportion of which have been

fashioned through centuries of diverse farming and forest

practices. Some 230 of these natural and semi-natural

habitat types are protected under the Habitats Directive in

their own right.

They have been selected either because they are in danger

of disappearance within the EU or they have a small

natural range, or they present outstanding examples

of characteristic habitats from one or more of Europe’s

biogeographical regions.

They include well known habitats such as shi ing sand

dunes, Atlantic wet heaths and mountain hay meadows,

as well as other typically European habitat types such as

active raised bogs, Mediterranean temporary ponds and

dehesas – the latter is a characteristic type of wooded

pasture found across much of the Iberian peninsula.

According to the State of Nature report , habitat types,

on the whole, have a worse conservation status and

trend than species. Across the EU-27, only 16% of

habitat assessments are favourable, while more than

two-thirds are unfavourable.

Habitat typesConservation status of habitats

Only around one sixth of the habitat types

protected under the Habitats Directive have

a favourable conservation status. This is

probably linked to a range of factors including

the longer tradition of conservation action

for species, the shorter response times for

species, as well as the sheer complexities

involved in habitat conservation.

The overwhelming majority of habitats have

an unfavourable status, with 47% of the

assessments being unfavourable – inadequate

and 30% being unfavourable – bad.

Conservation status trends

Looking at the conservation status, a third

of the habitat types are unfavourable but

stable (33%). However, a further 30% are

still deteriorating, which is a serious cause

for concern.

Only 4% are showing any improvements

so far.

Conservation status of habitats

Conservation status and trends of habitats

LEFT Autumn colours in Long Ridge Woods, the

Cotswolds, UK.

Unknown

Favourable

Unfavourable – inadequate

Unfavourable – bad

7%

16%30%

47%

Birds Other species Habitats

Main threats and pressuresAgriculture, fisheries, modification of natural conditions,

pollution

State of Nature Main pressures & threats

• Terrestrial ecosystems:

• certain agricultural practices (including intensification as well as abandonment)

• man-made hydrological modifications

• Marine ecosystems: the use of living resources (especially for species), followed by modification of natural conditions (e.g. dredging -especially for habitats) and pollution

Objective of both Directives

Within all Natura 2000 sites:

Avoid damaging activities that could significantly disturb the species and/or habitats for which the site has been designated

Positive measures are taken, where necessary to maintain and restore those habitats and species to a favourable conservation status in their natural range

The ultimate objective is to ensure that the species and habitats reach «favourable conservation status»

Translated in legal terms in Article 6 of the Habitats Directive (HD)

BUT applies also to sites designated under the Birds Directive

Article 6: Protecting & Managing Natura 2000 sites

Applies to SACs

Applies to SPAs, SCIs &

SACs

Applies to SPAs, SCIs &

SACs

Step-by-step assessment of plans and projectsaffecting Natura 2000 sites

• Possible negative impact on Natura 2000 site?

• No OK

• Yes Appropriate Assessment (AA)

• No impact OK

• Negative impact Alternatives?

• There are alternatives no authorization new AA

• No alternative Imp. Reasons of Overriding Public Interest?

• No IROPI no authoriztion

• IROPI Priority habitats/species affected?

• No OK with compensation measures,

notification to EC

• Yes Commission opinion required

Guidance documents

• Key implementation tools for Nature legislation

• Cover a wide range of issues

• Aim to clarify legal obligations and facilitate implementation of specific provisions or in specific sectors

• Developed in cooperation with MSs, EEA, stakeholders

• Drawing on case law

• Not legally binding but acknowledged/used by national instances/sectors

Commission guidance documents

'Managing Natura 2000 sites – the provisions of Art. 6' – currently being updated

Assessment of plans and projects: methodological guide Art 6 (3) & (4)

Sector specific guidance:

Wind energy

Non-energy extractive industries

Ports & estuaries

Aquaculture

Inland Waterways

Agriculture

Forests

Forthcoming: Energy infrastructure,

Hydro-power

Guidance document on Non-Energy Extractive Industries and Natura 2000

• Activity triggered by the 2008 Commission Communication on Raw Materials Initiative (esp. sustainable supply of raw materials, access to land)

• Aim: provide guidance on how extraction activities can be reconciled with Natura 2000 requirements, drawing on available good practices

• Prepared with the assistance of Working Group (MSs, NEEI, NGOs)

• Key issues addressed:• Importance of non-energy extractive industry in the EU

• Strategic planning

• Appropriate assessment of NEEI plans/projects

according to Art. 6 of the Habitats Directive;

mitigation; alternatives; compensation

• Positive contribution of NEEI to biodiversity

• Marine extraction

• Basis for further positive engagement of NEEI

Guidance document on NEEI&Natura 2000- content (1)

• Addressing effects of mines/quarries on nature

• Specific constraints of NEEI regarding location of mineral resources

• Biodiversity can be affected throughout the life-cycle of an extraction project, directly or indirectly; damage to habitats / disturbance to wildlife

• No automatic exclusion from N2000 sites. Significance of impact depends on type/size/method of operation and sensitivity of environment, hence need for case-by-case assessment

• Mitigation measures exist to prevent/reduce impacts. Avoidance or reduction of impacts at source are the preferred options. Different mining methods present different risks and possibilities for mitigation

Guidance document on NEEI&Natura 2000- content (2)

• Potential for contribution of NEEI to biodiversity

• Sound project planning, design and operation, integrating nature conservation

• Rehabilitation of extraction sites to (re)create habitats and reinstate species. Can make a contribution to conservation of certain habitats and species that are protected under the EU Nature Directives and to the EU biodiversity target

• Site biodiversity action plans useful instruments to ensure that biodiversity is embedded into the operation and rehabilitation of each site

• Many good practice examples

Guidance document on NEEI&Natura 2000- content (3)

• Strategic planning

• Mineral plans, esp. linked to land-use plans, and related strategic assessment are an effective tool to help avoid conflicts at site level

• They can lead to a stable planning framework, integrating wider societal concerns at an early stage

• Knowledge/mapping of mineral reserves essential to develop sensitivity maps in order to inform mineral planning policies and land-use planning policy

Guidance document on NEEI&Natura 2000- content (4)

• Appropriate assessment

• Step by step process to assess likely significant impacts on N2000; focus on the site conservation objectives. Mitigation integral part of the process

• Coordination with EIA or SEA process possible/advisable to reduce burden and increase effectiveness

• Objective, verifiable information is needed to enable the competent authority to decide on the basis of the integrity of the site

• Alternatives and compensation measures, if required according to the legal provisions, have to be properly analysed and implemented

Guidance document on NEEI&Natura 2000- content (5)

• Extraction in marine areas• Extractive activities in marine areas, especially aggregates’ extraction, are

becoming more and more important. At the same time, Natura 2000 is not complete in the marine environment

• Marine spatial planning is a key instrument to address marine extraction in a strategic manner

• Measures can be taken to reduce impact and enable affected habitats and associated benthos to recover to a similar state to that prior to dredging

• Other issues addressed• Monitoring and related indicators essential to assess effectiveness of

mitigation, compensation and biodiversity targets

• Cooperation between stakeholders (competent authorities, operators, other parties) crucial to address constraints and identify solutions

• Species protection requirements also to be considered, even outside N2000

Use of the NEEI guidance doc

• The guidance doc has been welcome and supported by MS authorities, industry and NGOs. It is referred to in some national relevant legislation and standards (e.g. Finland)

• It contributes to the Business@Biodiversity agenda by promoting the mitigation hierarchy for biodiversity-sensitive mining

• Further dissemination efforts needed at regional/local level, incl. additional translations

• Explore ways to integrate and exchange further good practices since its publication (e.g. sustainable extractive projects approved in N2000, streamlined assessments, effective mitigation and restoration, strategic planning, partnerships) and consider specific concepts such as temporary nature in extraction sites (LIFE project underway)

Nature Fitness Check

• Diagnosis: Nature Directives are fit for purpose,implementation needs support

• Many species/habitats show negative trends

• Only 50% of sites are properly managed

• Marine network is incomplete

• Funding shortage

• Cases of inflexible application and permitting delays by national & local authorities

• Insufficient knowledge, awareness, engagement & cooperation

• Nature Directives require action also outside Natura 2000

Follow-up Action Plan

• Therapy: Action Plan focused on improving implementation

• The Conclusions of the Fitness Check show need for action in the following areas:

• Developing and applying smart implementation approaches to support national, regional and local authorities

• Stepping up implementation to improve compliance for effective delivery of the Nature Directives

• Strengthening investment in Natura 2000 and coherence with other policies

• Improving access to knowledge, promoting stakeholder engagement, and public awareness

Strengthening compatibility of extractive industry and N2000

• Issues addressed in the Fitness Check and the Action Plan are also relevant to Extractive sector. Examples:

• joined up and efficient permitting procedures,

• stakeholder dialogue,

• site management plans,

• access to information,

• training and expertise,

• communication,

• benchmarking

• Strong engagement of industry, authorities, NGOs and other stakeholders necessary to deliver

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