When and how to best consider the provision of the Habitats directive GUIDANCE ON NON-ENERGY EXTRACTIVE INDUSTRIES (NEEI) AND NATURA 2000 _______________________________________________ When and how to best consider the provision of the Habitats directive N2K GROUP

NEEI AND NATURA 2000 - GUIDELINES _____________________________________________________________________________________ The project cycle: Exploration Feasibility study and planning Design of the activity Construction Operation Closure and restoration

Prospecting and exploration: NEEI AND NATURA 2000 - GUIDELINES _____________________________________________________________________________________ Prospecting and exploration: Some areas may have a unique value for the conservation of certain species and habitats (prority) Coherence of the network. Impact on a single site might have negative effects on the wider range of a species/habitat Analyse effects on the ecological integrity of the site Avoid “permanent loss” Study all possible alterantives and choose the least damaging solution

NEEI AND NATURA 2000 - GUIDELINES _____________________________________________________________________________________ Design of the activity Take into account all potential threats, including downstream impacts. Consider all the natural assets of the site, their ecological requirements, functions and relations with the environment. Take into account the best information available (e.g. inventories, studies, management plans for the sites, management guidelines for certain habitats and species, action plans, etc.) Effective compensation measures should be designed at this stage, under the conditions that allow for the application of article 6.4. These measures should be implemented before the damage is done.

Construction and operation NEEI AND NATURA 2000 - GUIDELINES _____________________________________________________________________________________ Construction and operation Appropriate assessment. Consider all direct/primary and indirect/ secondary impacts. Guarantee that the ecological values of the sites are not significantly affected. Design and implement adequate preventive measures to avoid potential risks and mitigation measures to reduce the impacts These measures shall be tailored to the particular features of the site and the elements liable to suffer damage, taking into account the ecological functions and relations on which the integrity of the site depends. A monitoring plan is necessary to assess the efficacy of these measures and allow detecting residual impacts on the site. Effective compensation measures should be in place at this stage, under the conditions that allow for the application of article 6.4.

Closure and restoration NEEI AND NATURA 2000 - GUIDELINES _____________________________________________________________________________________ Closure and restoration Take into account the best knowledge and best techniques available. Consider all potential difficulties and constraints. In general, restoration or recreation takes considerable time and energy. Reinstatement of original communities of plants and animals is often very difficult to achieve, especially if the site has been severely degraded and energy. Foresee adequate monitoring to assess the efficacy of restoration measures.

best practice & unsuccessful experience NEEI AND NATURA 2000 - GUIDELINES _____________________________________________________________________________________ Case studies best practice & unsuccessful experience Mineral planning - provide a clear guide to the minerals industry, decision-makers and the public about the locations where mineral extraction may take place, but also where it is unlikely to be allowed. Appropriate environmental assessment (art. 6.3). Preventive measures and mitigation. Efficient compensation (art. 6.4) in the development of non energy extractive activities. The whole project cycle shall be considered when looking for relevant examples.

NEEI AND NATURA 2000 - GUIDELINES _____________________________________________________________________________________ FIRST OUTLINE (1) INTRODUCTION 1. BACKGROUND - Political and legal framework The Nature Directives (Birds and Habitats). The Natura 2000 Network The Action Plan for halting the biodiversity loss by 2010 The EIA Directive (85/337/EEC). The SEA Directive (2001/42/EC) The Raw Material Strategy, Communication from the Commission “Promoting sustainable development in the EU non-energy extractive industry”, etc. 2. THE PROVISIONS OF THE EU NATURE DIRECTIVES Habitats Directive. Aims (art. 2). The Birds Directive (art. 1 & 2) Managing Natura 2000 (art. 6.1 & 2, art. 7) Assessment of plans and projects (art. 6.3) Compensation measures (art. 6.4) The coherence of the network (art. 10) Protection of species (art. 12 & 13). Priority habitats and species.

NEEI AND NATURA 2000 - GUIDELINES _____________________________________________________________________________________ FIRST OUTLINE (2) 3. WHEN AND HOW DO THESE PROVISIONS APPLY TO NEE ACTIVITIES The project cycle: exploration, planning, feasibility study, construction, operation, closure The study of alternatives Activities outside and inside a protected site The conservation objectives. The favourable conservation status of habitats and species The appropriate assessment. Effective mitigation and compensation 4: HOW BEST TO CONSIDER THE CONSERVATION NEEDS OF NATURA 2000 AND THE HABITATS AND SPECIES OF COMMUNITY INTEREST Where to find relevant information on the conservation objectives (Standard Data Form, Management plans, Monitoring, etc.) The ecological requirements of habitats and species (national guidelines, action & conservation plans, studies, etc.) The integrity of the site (ecosystems’ structure, functions, relations, etc.) Coherence and connectivity Assessing the impacts (direct or primary impacts, indirect or secondary impacts, cumulative impacts) Mitigation measures Compensation measures Rehabilitation of the site (habitats restoration and re-creation) Monitoring, indicators.

NEEI AND NATURA 2000 - GUIDELINES _____________________________________________________________________________________ FIRST OUTLINE (3) 5. STAKEHOLDERS’ INVOLVEMENT Dialogue with Conservation authorities Consulting and involving NGOs Participation of Research institutions Building partnership 6. BEST PRACTICE. CASE STUDIES Project planning. Appropriate assessment Construction. Operation Mitigation. Compensation Habitat restoration and re-creation Monitoring Stakeholders’ involvement 7. REFERENCES ANNEXES Existing guidelines, Initiatives, Projects

NEEI AND NATURA 2000 - GUIDELINES _____________________________________________________________________________________ Working Group on NEEI and Natura 2000 Contributions to be sent in April-May: position papers, case studies, scientific publications... concha.olmeda@atecma.es Internal language skills: EN, FR, DE, SE, RO, more if key documents Possible input and communication through CIRCA platform First draft of the guidance document - end May 08 Next meeting of the Working Group - end of June 08

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