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


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.


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


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.”


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.


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


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

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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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Suitable area for the

extraction of mineral raw

materials

Material transport

Existing materials preparation plant

Existing quarry Wanko

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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.

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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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http://www.netzwerk-umwelthaftung.de/

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.


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


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.


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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http://www.donauauen.at/

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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http://ec.europa.eu/environment/life/toolkit/comtools/goodexamples/laymans.htm

http://ec.europa.eu/environment/life/toolkit/comtools/goodexamples/laymans.htm

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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http://www.diegrossengaerten.at/

INTERREG-Project:INTERREG-Project:Park network „The Great Park network „The Great

Gardens“Gardens“

Origin: www.diegrossengaerten.at

HARRACHPARKHARRACHPARK

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http://www.diegrossengaerten.at/

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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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!

environmental guidelines of the eu & landscape policies

Documents

birds directive directive

birds directive natura

eecthe birds directive

eecthe habitats directive

protection of habitats

migratory species

plant species

habitats directiveart