by Claus Mayr, NABU · planning procedures; NABUs expertise and the BirdLife-project on "positive...

Claus Mayr, NABUMarch 2012

Nature legislation and energyinfrastructure projects:

challenges and good practicesfrom NABUs and BirdLife´s

perspective

byClaus Mayr, NABU


The Challenge – combat climate changeand safeguard biodiversity

• Two problems with the same origin: we are consuming too much energy, land and other resources.

• We need solutions that help tackle both problems: reducing energy consumption, protect ecosystems that help mitigate and adapt and develop renewable capacities.

• The Natura 2000 network helps to address both problems: by protecting ecosystems and promoting smarter planning of infrastructure for power generation and transfer.


I. International and EU commitments

1. Targets of the European Union:

The 2010-goal was already adopted in 2001 by the Heads of State on the Gothenburg Summit: „take all necessary measures to halt biodiversity loss by 2010“

The new 2020-target was adopted on the European Council in March 2010: “halting the loss of biodiversity and the degradation of ecosystem services in the EU by 2020, and restoring them in so far as feasible, while stepping up the EU contribution to averting global biodiversity loss”



2. The 2020-target of the Convention on Biological Diversity (CBD), and the 20 subtargets of the Strategic Plan, adopted at CBD CoP10 in Nagoya, Japan, October 2010 – under belgianEU-presidency:

„Take effective and urgent action to halt the loss of biodiversity in order to ensure that by 2020 ecosystems are resilient and continue to provide essential services, thereby securing the planet’s variety of life, and contributing to human well-being, and poverty eradication”



2. The 2020-target of the Convention on Biological Diversity (CBD), and the 20 targets of the Strategic Plan, adopted at CBD CoP10 in Nagoya, Japan, October 2010, selected items:

Target 5: By 2020, the rate of loss of all natural habitats, including forests, is at least halved and where feasible brought close to zero, and degradation and fragmentation is significantly reduced



2. The 2020-target of the Convention on Biological Diversity (CBD), and the 20 targets of the Strategic Plan, adopted at CBD CoP10 in Nagoya, Japan, October 2010, selected items:

Target 11: By 2020, at least 17 per cent of terrestrial and inland water, and 10 per cent of coastal and marine areas, especially areas of particular importance for biodiversity and ecosystem services, are conserved through effectively and equitably managed, ecologically representative and well connected systems of protected areas and other effective area-based conservation measures, and integrated into the wider landscape and seascapes


II. New EU commitments

3. The targets and actions of the new Biodiversity Strategy of the European Union (Communication of the European Commission, 3. May 2011, COM(2011)244 final), selected items:

Action 1: Complete the establishment of the Natura 2000 network and ensure good managementAction 6: Set priorities to restore and promote the use of green infrastructureAction 11: Encourage forest holders to protect and enhance forest biodiversityAction 12: Integrate biodiversity measures in forest management plans


III. The challenge – preserve biological diversityand ensure energy grid development

Growing share of renewable energy sources– EU Renewables Directive: Binding national targets for

use of renewables→ EU from 7% of energy mix in 2007 to 20% by 2020

Limited availability and predictability of renewable energy sources– “Smart grid” to balance supply and demandDifferent locations of energy sources and demand– Huge renewable energy potential esp. in Scandinavia

(hydro power), North Sea (offshore wind power) and Southern Europe (solar power)

– Cross-national cooperation to reach national targets of EU Renewables Directive possible


III. The challenge – large ... and small scale

Sketch of European Super Grid (TEN-E)

© www.desertec.org

Priority new/amplified (extra-) high voltage lines in Germany

© www.dena.de


III. The challenge – preserve biological diversityand ensure grid development

1. Minimise negative impactson staging / wintering areasor protected areas of theNATURA 2000 network:When above-groundpowerlines cut across openlandscapes, staging and wintering habitats may bereduced in availability and quality for birds. The amount of casualties isthe highest on importantbird areas, e.g. the NATURA 2000 network.


III. The challenge – preserve biological diversityand ensure energy grid development

2. Minimise collision risks:

In flight, birds can collideinto aerial wires or cablesof power-lines, becausecables are often difficult to see.Migrating birds flying at heights between 20m and 50m are at considerablerisk of collision.Highest risks are posed bytower constructions withmulti-level arrangements.


IV. Possible solutions – Standards to protectbirds from collision

Landscape planning, SEA and EIA: Examination of different strategic and routing alternatives, in order to avoidfragmentation of landscape and/ornegative impacts e.g. on the NATURA 2000 network.Underground cables are generallyrecommended.If not possible, technical safeguards.Clearly visible hanging verticalstructures (figures).


IV. Possible solutions – Instruments on protecting birds from powerlines

Voluntary agreements between energy utility companies and conservationists.Bird protection clauses in technical standards reflecting thestate-of-the-art.Convention on the Conservation of Migratory Species of Wild Animals (CMS),`Bonn Convention‘ => Resolution 7.4 (2002)Convention on the Conservation of European Wildlife and Natural Habitats, `Bern Convention‘ => Recommendations(2004).Binding legislation as a necessary step towards bird-safety, e.g. the Federal Nature Conservation Act in Germany (§ 53, 2002).


IV. Possible solutions: above-ground lines ... or... underground cables?

Full bird protectionHigher public acceptance→ quicker authorisationLower disturbance of naturalsceneryLower electromagnetic radiationHigher weather tolerance

Germany Dec 2005

Cheaper:Extra-high-voltagelines 2-5 times, but no differences for high-voltage lines

Shorter constructiontime

Identification and repairof damages lessdifficult


V. Lessons learned in Germany – (1) general

Implementing additional environmental criteria for feed-in tariffs or other funding is crucial.Make sure that effective control and review mechanisms are included within the overall framework (e.g. national energy concepts or specific action plans for renewable energies, low carbon development strategies). Spatial planning, strategic assessments and specific environmental legislation are crucial for implementation => both for achieving interim targets for renewable energy development, to work against bad practice and avoiding undesirable developments.Urgent need to adapt land use policies and to reduce pressure/ competition/ impacts on agriculture and forestry ecosystems (e.g. Loss of grassland, structural diversity).


V. Lessons learned in Germany – (2) N2000

Earlier discussions in Germany and studies by the Federal Ministry (BMU) and Federal Agency for Nature Conservation(BfN) have shown that some - few - conflict cases were theresult of late and insufficient implementation of the Birds and Habitats Directives, and it s site (Art. 6) and species related(Art. 12 to 16) regulations.These studies have also proven that there is no need forchanging any of the existing regulations.Early spatial planning, concentration of planning procedures, transparency and stakeholder consultation can speed up theprocess.In conflict cases under surface power lines are the best solution, as planned in the new German NABEG law.


V. Lessons learned in Germany – (3)

In Germany sometimes local initiatives (Bürgerinitiativen), following NIMBY-interests, misuse nature conservationarguments: but these people can NOT be stopped bychanging nature conservation legislation (EU or national), as their resistance and court cases are based on private property rights (subjektive Eigentumsrechte): claimingnoise, infrasound, „Disco-effect“, drop in

value of private houses...


VI. NABUs and BirdLife´s views and recommendations

Understand the impacts of high-voltage lines on the environment, in particular the biodiversity of bird species.

Minimise negative effects on birds and damage to protected areas, mainly the NATURA 2000 network.

Integrate biodiversity aspects into the electricity grid expansion planning.

Promote a sensitive mapping of new power lines.

We need high quality Environmental Impact Assessment(EIA) and a strategic planning at a high geographical level: Strategic Environmental Assessments (SEA).


VI. NABUs and BirdLife´s views and recommendations

Push investments on appropiate sites throughspatial planning and building law.Check and if necessary adapt provisions and environmental safeguards regarding clean air and water regulations, nature conservation, code of good agriculture and forestry practice.Financial schemes must include ecologicalminimum standards and should provide extra incentives for best practice solutions.Promote more transparency and dialogueregarding project development and planning, involving regional and conservation competence, and all stakeholders.


VII. From words to action: The European Grid Declaration

“I would like to emphasise the importance of the adequate and coherent application of our environmental legislation also in the future…to ensure that we will keep the high standards for the preservation of biodiversity and the environment, of which Europe can be proud” Günther Oettinger, 10. November 2011


VIII. SummaryCombating climate change and stopping the loss of

biodiversity are two equal ranking targets, and closely linked.

Proper implementation of the Birds and Habitats Directivesand proper spatial planning will improve and speed up planning procedures; NABUs expertise and the BirdLife-project on "positive planning„ can help.

Try to reach consensus with the wind and solar power industries, and with local stakeholders, and in single conflictcases initiates mediation processes. In many conflict casesunder surface power lines might be the best solution.

Earlier discussions and studies in Germany, and the„European Grid Declaration“ have proven that all targets canbe met within the existing regulations.


Thank you for your attention!

Claus Mayr, NABU, Director of European Affairs, Brussels

www.NABU.dewww.birdlife.org

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