Guidance on Non-energy extractive industries & Natura 2000 CGBN Co-ordination Group for Biodiversity and Nature 7th meeting – 02/03/10 Agenda item 3.A Guidance on Non-energy extractive industries & Natura 2000

Context Activity triggered by the Commission Communication on Raw Materials Initiative. Access to land, esp. Natura 2000, of particular relevance for the non-energy extractive industry (NEEI). Aims at providing guidance on how extraction activities can be reconciled with Natura 2000 requirements, drawing on available good practices. Focus on Art. 6 provisions. Elaborated with the assistance of Working Group consisting of representatives of Member States, NEEI sectors and NGOs

Structure of guidance document An overview of the NEEI sector in the EU and related policy framework An overview of EU policy and legislation on nature and biodiversity, Article 6 of Habitats Directive and its relationship with EIA and SEA A review of potential impacts of NEEI activities on nature and wildlife The importance of strategic planning Step by step guide to the procedures under Article 6 for NEEI developments affecting Natura 2000 sites Extraction in marine areas 3

Key messages Potential effects on nature Strategic planning Extractive activities may cause the loss of valuable rare habitats and species protected under EU legislation or affect the physical structure and functioning of these habitats, thereby causing a loss in overall ecosystem resilience. Type an degree of impact depends on type/size/method of operation and sensitivity of environment Mitigation measures exist to prevent/reduce impacts The NEEI industry can also make an important positive contribution to biodiversity conservation, for instance through the rehabilitation of mining sites at the end of the project cycle. More and more companies are adopting biodiversity policy statements as part of their overall cooperate social responsibility strategy Strategic planning Mineral plans, especially when they are integrated into spatial land use plans, help the industry and relevant authorities to establish a stable planning framework for mineral extraction over the long term. Strategic planning can help avoid conflicts at the level of individual projects Knowledge/mapping of mineral reserves essential to develop sensitivity maps

Key messages Appropriate assessment Step by step process to assess likely significant impacts on N2000; focus on the site conservation objectives. Mitigation integral part of the process. Coordination with EIA or SEA process possible/advisable to reduce burden and increase effectiveness Objective, verifiable information is needed to enable the competent authority to decide on the basis of the integrity of the site. Alternatives and compensation measures, if required according to the legal provisions, have to be properly analysed and implemented Place of mine rehabilitation and biodiversity offsets

Key messages Extraction in marine areas Other issues Extractive activities in marine areas, especially aggregates’ extraction, are becoming more and more important. At the same time, Natura 2000 is not complete in the marine environment. Marine spatial planning is a key instrument to address marine aggregate extraction in a strategic manner. Measures can be taken to reduce impact and enable affected habitats and associated benthos to recover to a similar state to that prior to dredging. Other issues Monitoring and related indicators essential to assess effectiveness of mitigation, compensation and biodiversity targets Cooperation between stakeholders (competent authorities, operators, other parties) crucial to address constraints and identify solutions