1. Commission Guidance on inland waterway development in the context of the EU Birds and Habitats Directives Kerstin Sundseth, Ecosystems LTD

2. Ecosystems LTD 5th EC Rivers WG – Nov 2011 2 Terms of Reference “The objective is to develop guidance on how best to ensure that activities related to the development and management of inland waterways are compatible with EU environmental policy in general and nature legislation in particular.” Recognising that rivers are multifunctional..“The guidance will give particular attention to promoting a more holistic and integrated approach to planning and development where environmental considerations are taken into consideration and relevant stakeholders consulted at an early stage in the planning process … “will aim to clarify these rules (ie the provisions of Art 6) in the context of inland waterway developments and management and provide a step by step guide on the procedures to follow and the necessary safeguards that must be introduced for any activities that may impact on.. Natura 2000 sites.”

3. Ecosystems LTD 5th EC Rivers WG – Nov 2011 3 Terms of Reference Proposed structure as agreed in the TOR: Outline of EU policy context of IWT Outline of EU biodiversity policy context and other relevant env laws Overview of multfunctional nature of Europe’s rivers and thier relevance for Natura 2000 Examine potential effects of IW developments on species and habitats of EU interest Explain the importance integrated planning; multi-stakeholder dialogue and early integration of biodiversity and transport concerns into planning Showcase good practice examples Present a step by step procedure under Article 6 of Habitats Directive as it related to inland waterway developments

4. Work so far: 4 Workshop meetings so far First draft discussed at meeting 14 Nov 2010 (105 pages) 2 nd draft discussed at meeting 6 May 2011 ( 94 pages) 3rd draft to be discussed at meeting 14 Nov 2011 (84 pages) 4 Ecosystems LTD 5th EC Rivers WG – Nov 2011

5. Main comments on first draft  Introduction to explain why guide has been developed - agreed TOR  Chapter 1 and 2 should be merged and shortened – main aim should be to set EU policy context for both IWT and nature conservation and emphasise that both have strong political support at EU level  Chapter 3 on WFD;EIA and SEA and relation with EU nature Directives should be moved to end of document and shortened – not main focus of the guide  Chapter 4 should not focus on just reviewing possible negative impacts that IWT developments can have on river ecology. Should also explain IWT is one of many different river uses and new IWT developments can also have positive benefits on degraded rivers.  Chapter 5 on carrying out an appropriate assessment – no major comments but should be made more practical  Chapter 6 on integrated planning to be given more prominence in the guide– ie the Commission recommends the development of integrated projects for IWT 5 Ecosystems LTD5th EC Rivers WG – Nov 2011

6. First draft restructured 6 Ecosystems LTD 5th EC Rivers WG – Nov 2011 Chap 1IWT EU policyChap 1Intro – why a guide Chap 2Nature EU DirecitvesChap 2EU policy framework (IWT and Nature) Chap 3Other EU env legislaiton Chap 3Europe’s rivers – uses, state, possible negative and positive impacts of IWT devpts Chap 4Impacts of IWT on nature Chap 4Integrated planning for IWT Chap 5Article 6 assessmentChap 5Article 6 assessment Chap 6Integrated planningChap 6Other EU env legislation

7. New structure of 2 nd Draft chapters 1-3 are context setting: Chapter 1 : purpose of guide Chapter 2: EU policy context Chapter 3: state of EU rivers and potential positive and negative impacts of IWT on river ecology and Natura 2000 in particular chapter 4-6 is the guidance part: Chapter 4: integrated planning and looking for win win solutions Chapter 5: step by step guide to art 6 Chapter 6: wider context of WFD,EIA.SEA Ecosystems LTD 5th EC Rivers WG – Nov 2011 7

8. General comments on 2 nd draft General comments made during the meeting of May 2011: better structured and more balanced more emphasis give to integrated planning But some participants felt that the document : needs to be more practical still …(INE) explain to developers why there is a conservation issue in the first place (UK) Should explain more about the needs of IWT..(Cz) Should reduce repetition and link better integrated planning with N2000 obligations … (DE) Still some issues regarding the language used.. (Via Donau) Function and impact of navigation should be described in more positive way (CCNR) Ecosystems LTD 5th EC Rivers WG – Nov 2011 8

9. Revision of 2 nd draft based on comments received Chapter 1 – intro: Key comments – Should reflect the TOR better Changes made – make absolutely clear EU policy supports IWT as a safe, energy efficient and more env friendly form of transport – 2010 white paper – stresses importance of integrated approach to IWT planning and of multi- stakeholder involvement - searching for win-win solutions wherever possible 9 Ecosystems LTD 5th EC Rivers WG – Nov 2011

10. Revision of 2 nd draft based on comments received Chapter 2 – EU policy context: Key comments – To be updated according to new EU policy docs – Platina to be reduced to a paragraph – Info on two EU nature Directives should explain more about objectives and provisions of the Directives and highllight those aspects that are directly relevant for planning – Changes made → text on EU policies updated → section 2.4 on nature Directives redrafted to make less generic and more directly relevant to river developers –… (also brought elements of chap 3 here to reduce repetition) 10 Ecosystems LTD 5th EC Rivers WG – Nov 2011

11. Revision of 2 nd draft based on comments received Chapter 3 – Europe’s rivers: Key comments – Chapter still paints too negative a picture of IWT impacts on rivers –IWT is only one of many river users and not main cause of low environmental standards in some rivers – Need to explain better why this chapter looks at impacts (both positive and negiative) – Table at end should be replaced with review of positive effects as illustrated by case studies – Too much focus on IAS –text to be substantially reduced 11 Ecosystems LTD 5th EC Rivers WG – Nov 2011

12. Revision of 2 nd draft based on comments received Chapter 3 – Europe’s rivers Changes made: → start with a general description of multifunctional role of rivers, their current environmental state and their designation under Natura 2000 (shorter and less repetitive) →Then looks at river use by IWT and possible negative and positive effects of new Inland waterway developments →Emphasises the need for developers to understand potential effects and complexities of river ecosystems in order to develop integrated projects and facilitate Art 6 assessments →Section on role of IWT developments contributing to river restoration redrafted: describes type of measures that can be used; includes good egs →Highlights countries that have integrated river restoration into Iheir IWT sector plans 12 Ecosystems LTD 5th EC Rivers WG – Nov 2011

13. Chapter 4 – Integrated planning Key comments – Explain better how to make integrated projects that take account of Natura 2000 needs and conservation objectives – Add good practice examples Changes made: – Section 4.3.1 defining scope of project – Section 4.3.3 on impact assessments – Three Good practice egs added – Section 4.4 moved to chap 3 13 Ecosystems LTD 5th EC Rivers WG – Nov 2011 Revision of 2 nd draft based on comments received

14. Chapter 5 – Article 6 procedure Key comments – Link between AA and EIA/SEA to be better explained – more practical – maintenance dredging – Transboundary effects Changes made: – on link between AA and EIA/SEA procedures – section 5.1 – On when is an AA needed (to reduce repetition with screening) – On maintenance dredging – when AA is NOT required – Determining significance of effects 14 Ecosystems LTD 5th EC Rivers WG – Nov 2011 Revision of 2 nd draft based on comments received

15. Chapter 6 – WFD, EIA, SEA …. – Minor corrections as per comments received Annexes added: – Annex I: Natura 2000 sites and key species /habitats of EU importance along major lowland rivers – Annex II: list of relevant Commission docs and guidance – Annex III: list of references 15 Ecosystems LTD 5th EC Rivers WG – Nov 2011 Revision of 2 nd draft based on comments received