INTRODUCTORY OVERVIEW OF THE GUIDANCE OUTLINE I will give a brief overview of the structure of the guide going through each chapter and several of its components. 17/01/06 Christine Kogler Ad hoc Working Group on Wind Energy and Nature Conservation

Terms of Reference To develop guidance on how best to ensure that wind energy developments are compatible with nature conservation requirements of EU and other relevant international nature legislation applicable in Europe, taking into account at the same time the objectives and requirements of directive 2001/77. There is already (draft) guidance including the draft recommendation to the Berne Convention. This will be used as a starting point for examination. When I began to elaborate on this outline I used the terms of reference decided upon at the first meeting of this working group. The task was to develop guidance on how best to ensure that wind energy developments are compatible with nature conservation requirements taking into account renewable energy targets. The document aims to strike a balance between these two objectives and focus on their reconciliation. The framework for the structure of the outline also takes into consideration the draft guidance of the Berne Convention. This was agreed to be a good starting point at the previous meeting.

Introduction and Background 1.1 Why a guide document? 1.2 Purpose and target of this document 1.3 Nature and limitation of the document 1.4 Structure of the guide 1.5 Limits of the guide The document begins with an introduction which explains the broader reasons for such a guidance and the current situation with respect to nature conservation and renewables targets. The purpose and target of the document are defined in the terms of reference as previously mentioned. The added value of this document is that it arises from the Commission Services and as such is aimed at both the wind energy industry and the conservation and protection bodies across and possibly beyond an EU audience. However, the creation of the document is intended to be a joint effort as the terms of reference state that any further development of guidance needs to take place in a process involving the different stakeholder groups. This again means that the document in front of you is a simple outline to be agreed upon in this meeting where a wide range of stakeholder groups are represented.

Broader Policy and Legislative Context 2.1. EU Renewable energy policy 2.2 Relevant legislation 2.3 EU environmental policy context 2.4 EU energy efficiency policy 2.5 Relevant nature legislation 2.6 Relevant International Nature and Biodiversity Legislation 2.7 Strategic Planning 2.7.1 SEA 2.7.2 EIA Chapter two is focused on the policy and legislative context. Describing the priorities in each case and recent developments. European legislation in both environmental and energy sectors is stated and the relevance of these to the aim of the document. The aim being to find compatibility between developments in the implementation of both sectors legislation with one another. The Birds and Habitats directives and in particular the Natura 2000 designated sites provide an overview of the type of locations and species which need to be considered in this document. The directive on administrative procedures applies to production plants for electricity produced from renewable energy sources. The Directive on administrative procedures was adopted in 2001 requiring Member States to set national indicative targets to deliver an increase in the share of renewable electricity to 21% in 2010. It is clear that reaching this target depends on a significant contribution from wind power. Two tools which are helpful in the achieving of the reconciliation of these objectives are the • EIA Directive 85/337/EEC • SEA Directive 2001/42/EC plans and programmes. These will be described in more detail later. Guidance on the use of these tools already exist and therefore the focus in this document is on the environment and renewable energy developments only. The two directives are referred to throughout the document by focusing considerations on strategic assessment in the large scale and impact assessment on the project scale. The precautionary principle is also mentioned here as a tool which may be applicable in certain circumstances.

Issues for Consideration TOR An overview of the major species groups and habitat types vulnerable to wind farm development 3.3 need to include consideration of the direct and indirect effects of a project on a range of receptors including human beings, flora & fauna, soil, water, air, climate and the landscape. 3.4 relevant taxa and habitat types that are considered to be significantly at risk The third chapter looks at the species groups and habitat types which need to be taken into consideration and the possible effect of a wind farm development on their existence. The terms of reference list the possible receptors as humans, flora and fauna, soil, water, air, climate and the landscape. The document includes consideration of these and focuses on those most frequently considered in the literature as vulnerable. In 3.4 possible significance of these impacts upon the population as a whole are considered by looking at methods by which to define this.

Issues for Consideration 3.1 The scale and focus of assessment 3.2. The most common issues raised 3.2.1 Disturbance and Distancing 3.2.2 Barrier Effect 3.2.3 Collision 3.2.4 Loss or Degradation 3.3. Potential Species and Habitats Affected 3.3.1 Species Groups 3.3.2 Habitats Groups 3.4 Potential consequences for species, habitats and sites 3.5 Determining Significance 3.6 Cumulative effects 3.7 Environmental benefit balance The scale and focus as mentioned before is based largely on the strategic level followed by the project level for most issues included here. Potential species and habitats and potential consequences encompass all of those considered relevant in this context. Given the nature of wind turbines the issue of birds received much attention. The guidance on cumulative effects will need to be developed further with input from this group & the same goes for the environmental benefit balance.

Elements of Guidance TOR 4 Development of guidance for ‘best practice’ in such assessments 4.1 There will be particular focus on areas of high nature conservation value 4.4 the type/level of information that is required to allow for appropriate assessment to reach adequate conclusions on the potential impacts 4.6 relevant mitigation measures and other potential technical solutions Chapter 4 is the main section of this document and will be the most concentrated on in the final guidance. The terms of reference state that guidance should include best practise. This has been done by including recommendations from the Bern and Bonn convention documents, OSPAR and Helcom as well as other guidance material. These recommendations are simply listed in this document and may be considered as suggestions. In section 4.4 again suggestions are made as to possible methodologies and tools to be used in surveying and monitoring. Here the terms of reference require an the description of type and level of information which would allow adequate assessment of potential impacts. Finally suggestions are made as to alternatives, mitigation and compensation levels.

Elements of Guidance 4.1 Spatial Planning and Mapping of Location Sensitivity 4.1.1 Land-use 4.1.2 Wind intensity 4.1.3 Existing grid connections 4.1.4 Designated and other sites of natural interest 4.1.5 Overlay maps 4.1.6 Suitable sites 4.2 Project-level Assessment 4.2.1 Article 6 Assessment 4.2.2 Relationship between Article 6 and EIA 4.3 Precautionary Principle The strategic level of the guidance introduces the concept of an overlay map which requires knowledge of wind intensity, land-use, grid connection and protected sites and flyways. Two tools currently being developed (Inspire and GMES (global monitoring of env and security) could assist in speeding up the creation of such a map. The guidance has used a strategic approach for such considerations as a means to get an overview and facilitate the combining of the wind energy and biodiversity requirements. Section 4.2 then looks at the project level and considers different assessments at this stage looking at Article 6 of the Habitats Directive and environmental impact assessment. Although guidance on these exist already the document explains the relevance to the development of windfarms and compares the two methods of assessment.

Elements of Guidance 4.4 Suggested Monitoring and Surveying Methodology 4.4.1 Duration and timing 4.4.2 Methods 4.4.3 Tools 4.4.4 Using Models for Impact Assessment 4.5 Lessons from case studies 4.6 The Alternatives-Mitigation-Compensation Hierarchy 4.6.1 Alternatives 4.6.2 Mitigation 4.6.3 Compensation 4.6.4 Environmental benefit balance Monitoring and surveying methods need to be addressed to facilitate the collection of data which is relied upon in the assessment stage, the alternative and mitigation stage and in creating predictive tools for impact. Many useful studies exist and some of them are considered here either for their methodology or results. These are also present on the CIRCA network which will hopefully see many more contributions as studies in this area develop.

Further Research Priorities 5.1 Biological 5.2 Methodological 5.3 Technical 5.4 Models 5.5 Functional Finally chapter 5 is concerned with the priorities for further research. The topics dealt with in this guidance are still in need of some further exploration and particular topics where more literature and studies would be welcome where identified in this section.

Annexes Case Studies/Issues Identified Additional information i. Technical differences between onshore and offshore sites ii. Additional case studies Impacts from different factors on habitat types and their effects Checklist of possible impacts of relevance to nature conservation Studies determining barrier effects VI. Species groups and possible impacts upon them VII. Designated area in part of Wallonie, Belgium VIII. Standards for the EIA of offshore wind turbines in the marine environment The annexes provide additional material for consideration such as figures from reports which consider a range of studies, examples of suggested standards when carrying out an EIA or a range of case studies on a diversity of issues.

Comments and Input TOR Experts may also be invited to provide input on specific topics. Guidance documents Studies Reports Comments Additional input Finally, the structure of the document is also dependant on the input it receives from the working group. The purpose of the document you have now is to gain an idea of the structure proposed and to permit its extension and alteration where necessary. Input in various forms is welcome in particular on the overall structure and framework suggested. The document is based on terms agreed upon by this group and needs the input to strengthen its frame.

Questions Christine.Kogler@cec.eu.int Thank you for your attention. Are there any questions?