Working together Marc Thauront Brussels 28 January 2009

Agenda A) Working together (comments) and progress report B) Integrated projects C) information point on WFD and nature directives D) Case studies

Working together Technical recommendations and guidance of the implementation the EU nature legislation in estuaries and coastal zones, with particular attention to port-related activities DE proposal: Estuaries and adjacent coastal zones, their dual role as Natura 2000 sites, waterways and locations of ports  

13 Technical Supporting Documents Working together The work consists of : 13 Technical Supporting Documents (Ex-Guidance Concept Forms renamed because of the diversity of subjects and approaches) One new main document Including general points + summaries and recommendations resulting from the TSD

Work progress to date: On Circa Still to do Working together Revised main document including 6 main chapters (1 still under construction) 10 TSDs (8 revised + 2 new) Still to do 3 new TSDs on WFD, integrated projects and compensation (debate on the WG today)

Working together More than 20 stakeholders group /individuals commented and corrected the main document and the TSDs, including: Numerous comments of 3-4 Member States or national agencies (DE, NL & UK + in a less extent DK). DE asking that waterways have to be considered as other port-related activities Economical stakeholders: PIANC, NTG, Paralia, SEDNET, EUDA, Rotterdam, + to a lesser extent ESPO(a priori and not a posteriori) NGOs on some papers: RSPB-BirdLife (one TSD) + position paper of WWF/Natuurpunt)

Main general findings already validated Working together Main general findings already validated Several demands to prepare clear recommendations through bullet points. DE even arguing that the “meat” is currently within TSDs only. DE asking that waterways have to be considered as other port-related activities. DG TREN asking for a better description of major issues for port sector and some positive case studies. Some concerns of possible new interpretation of WFD not validated by CIS (the Navigation Task Group considering that economics/exemptions are much more an integral part of the WFD). Generally positive comments: modifications proposed and no refusal of the approach followed.

Only one comment opposing to the guidance: EUDA Working together Only one comment opposing to the guidance: EUDA Navigation sector at large has expressed specific concerns about the impact of the Habitats Directive on the ports and ports services sector: this is the only point to address EUDA disagrees with the guidance approach on dredging because of the dynamic nature of estuaries and the refusal to consider the need of appropriate assessment General aspects should be deleted (behaviour, assessment and use of estuaries and coastal waters, policies, coastal zones management, climate change, land use planning…)

Working together: modification of main document Plan revision: Rationale and background Major problems and issues (demand of DG-TREN) Conservation objectives in dynamics environments Integrated management and planning Undertaking a new project Annexes including two case studies where an EC opinion was delivered (request of DG-TREN) Recommendations prepared for all TSDs 28 recommendations “published”, 13 others ready (see new TSDs), main ones will also be in the executive summary

Working together: TSDs One TSD deleted and integrated within the main document: ex-n° 4 on pressures TSDs modified with integration of WG comments, Modifications were simple in TSDs n° 2 on physical settings, n°4 on climate change, n°5 on ecosystem approach (general agreement) Real new guidance is proposed in n°6 on conservation objectives, n°8 on dredging, n°9 on integrated plans (agreements still to be checked)

Working together: TSDs One TSD misunderstood: the aim of the n°3 on species was not to deliver guidance on WFD but only to present technical parameters on the use of species to describe estuarine functioning Comments for TSDs n° 10 on key words of article 6.3 and n°11 on alternatives still pending: mainly repeated guidance as already a lot published by EC (2000, 2002, 2007).

Working together: TSDs TSD n°1 (definition of 1130-estuaries) has to be reviewed in great details ? Or deleted? The aim of the HD is not to have the site itself in a favourable conservation status but the habitats and species for which it was designated The definition of the habitat is done within the EC Interpretation Manual (legal point). As highlighted by EC and DE, it is not the role of the WG to change it  Habitat committee after involvement of EEA topic center However, differences and ambiguity in interpretation made by Member states for estuaries lead to awkward positions in conservation objectives (and as a consequence in appropriate assessments) EC 2005 interpretation note on this was never endorsed

Next steps 3 last TSDs and chapter 7 of the main document sent for end of February (current work will not be modified) Second round of comments from WG for end of March April-May: corrections, communication improvements, internal EC work 2 June: presentation to Coordination Group for Biodiversity and Nature for information or endorsement 11 June: presentation to the WG including debate on possible future work of the Group