1. Technical guidance in relation to the non-energy extractive industry

2. 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)

3. 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

4. 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.

5. 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.

6. 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.

7. 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.

8. 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

9. 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)

10. Guidance documents on Article 6

11. 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

12. 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

13. 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…

14. 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