Technical guidance in relation to the non-energy extractive industry

Biodiversity protection Protection of species Protection of habitats of protected species Protection of habitat types the ‘Birds Directive” (79/409/EEG) All wild birds protected + protected areas for 194 species (Annex I) and migrating birds the ‘Habitats Directive’ (92/43/EEG) 220 habitats (Annex I), more than 800 species of Community intrest (Annex II), + list of animal & plant species in need of strict protection (Annex IV)

The Natura 2000 network: A major pillar of biodiversity action in Europe A combination of species and habitats protection Habitats Directive ~ 14% of EU territory For Birds Directive ~ 8 % of EU territory Total: 25,000 sites 20 % of EU 25 territory

From identification to designation of Natura 2000 sites The Site designation process is exclusively based on scientific criteria. Future management challenges (infrastructure development, navigation, fisheries, mining, pollution…) cannot be a determining element in this process.

From identification to designation of Natura 2000 sites Birds Directive Special Protected Areas (SPA): the most suitable territories in number and size for the conservation of these species, taking into account their protection requirements in the geographical sea and land area where this Directive applies. Identification and Designation of SPAs is a Member State responsibility.

From identification to designation of Natura 2000 sites Habitats Directive First step: elaboration of a list of proposed Sites of Community Importance (pSCI) by the Member States (criteria for selecting sites in annex III of Habitats Directive). Second step: adoption of the list of Sites of Community Importance (SCI ) by the Commission. Third step: designation of Special Areas of Conservation (SAC) by the Member States - as soon as possible and within six years at most.

The effects of new plans and projects need to be assessed According to Art.6.3 of the Habitats Directive, any plan or project likely to have a significant effect in the site shall be subject to appropriate assessment of its implications for the site in view of the site's conservation objectives.

Are developments restricted in NATURA 2000 sites ? no ‘a priori’ prohibition of new activities or developments judged on ‘case by case’ basis procedure for assessments & decisions additional safeguards for priority habitats/spp

Possible negative impact on Natura 2000 site? yes Dealing with plans and projects (Art. 6.3/4 Habitats Directive, simplified) Possible negative impact on Natura 2000 site? yes Nature impact assessment If negative Alternatives? If no Overriding public interest? If yes Compensation measures - Commission opinion (if priority interest)

Guidance documents on Article 6

Background on Natura 2000 & Non-Energy Extractive Industries (NEEI) Concerns of NEEIs to gain permissions to extract from N2000 sites Call of MSs for coherent approach to sustainable access and exploitation of raw materials – initiative for en EU policy EU Biodiversity strategy of 2006: halt biodivesity loss by 2010 BAP with priority actions, incl.: Establishment of management framework and conservation measures for N2000 sites Adequate implementation of Article 6 Strengthen EIA/SEA

Objectives Develop technical guidance on the implementation of Natura 2000 in the field of non-energy extractive activities (mining/quarrying) How to integrate extraction activities and biodiversity conservation – Focus on sound implementation of site management provisions under Article 6(3) and 6(4) of the Habitats Directive Involvement of expert ad-hoc group (Member States, stakeholders) Aim to finalise work by end 2008

Industry initiatives ICMM / MMSD – sustainable development framework, incl. Contribution to conservation of Biodiversity – good practice examples Cement sustainable indicators initiative Benchmarking as a useful reference in engaging stakeholders GRI Other…

Scope Non-energy extractive industries (construction materials, industrial minerals, metal ores) Consider access to land, mineral planning, Natura 2000 management Cover the full project cycle (exploration, planning, development and operation, closure and after-care) Guidance on appropriate assessment, mitigation and compensation Good practice examples