REVISED DRAFT
Terms of reference
Working Group on
Estuaries and coastal zones
(14 March 2008)
Terms of Reference of the Working Group on “Estuaries and Coastal Zones” on the task of elaborating a guidance document on the implementation of the EU nature legislation and the Water Framework Directive in Natura 2000 sites located in estuaries and coastal zones, with particular attention to port-related activities and dredging
Background
The establishment of NATURA 2000 under the Habitats Directive in estuaries and coastal zones has proven to be controversial in many Member States. There have been concerns especially among port authorities, who fear that such designations would impose restrictions in relation to their activities and to infrastructure development. On the other hand, Member States are currently actively preparing for the designation of Natura 2000 sites as Special Areas of Conservation at the national level. In that context important work is ongoing in relation to the establishment of conservation objectives and instruments having regard to the need of reconciling nature conservation requirements and socio-economic development objectives in Natura 2000 estuaries or coastal areas.
The European Commission established in October 2006 an ad hoc expert group on estuaries, with a view to providing guidance on this subject and produced Terms of References for a guidance document. The aim was to enhance exchange of information on existing experiences and best practice in relation to integrated management of Natura 2000 estuaries and to provide general guidance on the application of both the Habitats and Birds Directives in European estuaries and adjacent coastal zones. There is an important demand from Member States and stakeholder organizations to further clarify certain aspects of estuarine management, such as dredging activities, as well as to exchange information on experience and good practice in relation to the conservation, management and sustainable use of estuaries.
The outcome of a first meeting of the working group on estuaries[1] and several new key documents published at EC level lead to a revision of the Terms of References and the scope of the expert group. These new documents include:
Ø Communication “An Integrated Maritime Policy for the European Union”[2] where it is foreseen that the Commission will issue guidelines on the application of the relevant Community environmental legislation to port development.
Ø Communication on “a European Ports Policy” (COM-2007-616 final) where it is written that “legal uncertainty was mainly claimed by stakeholders in relation to the Birds and Habitats Directives” and, again, that “The Commission will issue guidelines on the application of the Community environment legislation to port development”
Ø Several guidance documents to support Member States in implementing the environment directives where published by the Nature unit (articles 6.4 and 12, marine areas) and Water unit (article 4.7, hydro-morphological pressures) of DG ENV.
As mentioned in the Communication on a European Ports Policy[3], ports are key points of modal transfer and are of vital interest to handle 90% of Europe's international trade. “The total number of container movements (empty and full) in 2005 was 250 million in the World, with more than a quarter in Europe”. Experts predict for 2010 a further increase of 50% in container transport. Maritime traffic growth is evident and may require an adaptation or increase in port capacity. More than 1.200 merchant ports dot some 100 000 km of European coasts; several hundred others punctuate the 36 000 km of our inland waterways”. On the other hand, coastal and estuarine areas host habitats and species of great conservation value. They are frequently protected under European environmental legislation. Estuaries and coastal zones offer numerous ecosystem services. Some water bodies were identified (or will be for marine areas) with a clear objective concerning the good ecological status stated in the Water Framework Directive (WFD).
The Commission therefore decided to develop further guidance on the implementation of the EU nature conservation legislation and the EU Water Framework Directive in estuaries and coastal zones, with particular attention to port-related activities and dredging. The present document comprises a revised version of the Terms of Reference that was finalised during the second meeting of the Working Group on estuaries and coastal zones on 14 March 2008 in Brussels.
Scope
The new guidance will mainly focus on the requirements of the Birds, Habitats Directives and the Water Framework Directive[4] within the Natura 2000 sites. However, some general guidance will be given for the requirements of the Marine Strategy and Floods Assessment and Management Directives. A review of the key sections of the aforementioned directives will be presented in an attached report. It is important to notice that air emissions, waste, energy and environmental quality standards policies are not included in the scope of this undertaking unless it is absolutely necessary (e.g. dredging). In addition, it is not only Community legislation but also the national law, which needs to be applied. The exchange of experience and good practice examples is therefore the most appropriate means for facilitating and improving the implementation of the respective legislation. Extensive evaluation of jurisprudence or Commission opinions under article 6.4 in relation to development projects in estuaries and coastal zones would also contribute to a better understanding and implementation of EU environmental legislation in these areas.
While focusing mainly on estuaries and adjacent coastal areas, the guidance document will also cover aspects that apply to coastal zones in general. Conditions in coastal areas other than estuaries will also be examined in order to identify whether there are specific issues to be dealt with.
Commercial and industrial ports will be examined but some of the issues raised may concern also leisure and fishing ports even if they are not the key target of this document. The work will mainly focus on the development of large port infrastructure and related projects in the EU, regardless of their geographical location (estuary, coastline, bay, island, city…). Port related activities to be considered include:
Ø Port construction/extension,
Ø Navigation dredging
Ø Aggregate extraction (sand mining),
Ø Local transport and logistic areas creation,
Ø Industrial activities,
Ø Drainage of sewage and waste water
Ø Water extraction (e.g. cooling or process water for power stations and industry)
Ø Safety (including sea defense and flood protection)
Ø Land planning including other environmental services and economical activities (fishery, agriculture, marine cultures, tourism, recreation…).
Key tasks of the Ports and Estuaries Working Group
The need for guidance could be divided in the following four thematic areas:
1. Guidance on technical conservation issues (including issues related to conservation status of species and habitats, conservation objectives and monitoring systems),
2. Guidance on planning and integrated management approaches,
3. Guidance on new projects, mitigation and compensation,
4. Review of good practice examples
These thematic areas will comprise the key tasks on which the WG should focus. Each of these issues should be reflected upon depending on the different types of estuaries in order to ensure the transferability of the good practice examples.
The part on the Technical conservation issues will include:
Ø the definitions of estuarine, marine and coastal habitats concerned, location and identification of protected features within the overall designated boundary (mobile species, indirect effects, habitats dynamics and mobility, environmental services, etc), regarding the whole estuary with the adjacent coastal zones as well as considering future trends (e.g. climate change…)
Ø assessment of conservation status of protected species and habitat types, importance of ecological, physical and geomorphological processes, e.g. morphology, tidal amplitude…,
Ø establishment of conservation objectives in Natura 2000 estuaries and coastal zones, with a view to the overall coherence of the Natura 2000 network, considering also the WFD objectives of good ecological status (GES) and taking into account regional priorities and the natural variations of the system in a larger spatial and time scale (the article 17 report and current work on conservation status prepared by Member States will be considered as key sources of information),
Ø overview of surveillance and monitoring[5] and other research methods and guidance on how to consider thresholds for the ecological, geomorphological and physical processes (taking into account natural variability, past present and future trends and resilience of protected features),
Ø identify gaps of knowledge that should be further addressed in future.
The part on the planning and integrated management approaches will:
Ø Consider management plans integrating the conservation objectives under the Birds, Habitats, Water Framework and the new Marine Strategy and Floods directives and the socio-economic development objectives, with particular attention to the ports and dredging sectors;
Ø Consider pilot cases conducted under the Integrated Coastal Zone Management plan (ICZM);
Ø Consider recurring management plans for maintenance and capital dredging;
Ø Consider other plans or projects related to port infrastructure development;
Ø Suggest a framework for an integrated management approach and identify examples of local proactive approaches, including cases where a Strategic Environmental Assessment has already been conducted. Spatial planning mechanisms established by Member States and local authorities will constitute a key point.
Ø Consider ways for enhancing stakeholder involvement in the process of reconciliating nature conservation and socio-economic development objectives.
Considering the part on new plans and projects, with particular attention to mitigation and compensation measures, guidance documents have already been produced for the Habitats Directive explaining terms such as 'plans' or 'projects', 'significant effects', 'appropriate assessment', 'imperative reasons of overriding public interest', 'alternative solutions', 'mitigation and compensation measures', 'strict protection'. The most important of these guidance documents are listed below:
Ø Managing Natura 2000 sites: The provisions of Article 6 of the Habitats Directive (2000).
Ø Assessment of plans and projects significantly affecting Natura 2000 sites: Methodological guidance on the provisions of Article 6(3) and (4) of the Habitats Directive (2002).
Ø Guidance document on the strict protection of animal species of Community interest under the 'Habitats' Directive 92/43/EEC (2007).
Ø New guidance document on implementing Article 6(4) of the Habitats Directive (2007).
Ø Guidelines for the establishment of the Natura 2000 network in the marine environment. Application of the Habitats and Birds Directives (2007).
Ø Policy paper on WFD and Hydro-morphological pressures: Focus on hydropower, navigation and flood defence activities
Ø Exemptions to the environmental objectives under the Water Framework Directive allowed for new modifications or new sustainable human development activities (Article 4.7)
Because estuaries are indeed complex ecosystems of dynamic nature and because ports in estuaries play a leading role in Europe’s economy and are highly competitive in between them, specific guidance will be given on new projects (including extension), mitigation and compensation issues following the rationale of the guidance documents of the EU Nature conservation and Water Directives. Best practice examples will also be given from the projects mentioned below.
Review of good practice examples
The guide will promote good practice concerning the integrated management of estuaries and adjacent coastal zones. This would use examples from different NATURA 2000 estuarine sites with ports across the EU, where solutions have been or are being worked out to reconcile conservation and socio-economic goals. Some existing examples where there are initiatives in relation to integrated management of ports and NATURA 2000 sites include:
Ø BE/NL Port of Antwerpen (Westerschelde)
Ø NL Port of Rotterdam (expansion of)
Ø DE Port of Hamburg (and the Elbe Estuary)
Ø UK ports (Humber, etc.)
Ø FR ports (Seine, Loire Gironde)
Ø ES ports (Granadilla)
Ø Mediterranean, Macaronesian, Baltic and Black See ports (to be identified)
There are also several relevant ongoing/recent/completed initiatives such as the PARALIA, NEW DELTA (Interreg III B) and TIDE projects, which involve experts and stakeholders, including port operators, from different Member States. Some Member States have also developed national guidance in relation to the assessment of particular activities, such as maintenance dredging in NATURA 2000 sites (e.g. UK has developed a conservation assessment protocol). Furthermore, the ports industry, including the European Sea Ports Organisation (ESPO), is also actively involved in this subject.
The Working Group on estuaries and coastal zones
The Working Group on estuaries and coastal zones should be comprised of experts from interested Member States, scientific experts, representatives of key stakeholder groups (including ESPO and European dredging association), NGOs, as well as Commission services (DG ENV, TREN, FISH), and possibly the EEA. DG ENV will chair the group and ensure its effective running.
The Working Group on estuaries and coastal zones will incorporate inputs and expertise from the different available initiatives.
The group will work in close co-operation with experts from the Member States. In particular, the Habitats Committee and Ornis Committee delegates and/or experts designated by them will receive the minutes of the meetings of the group and copies of any documents produced by the group. Use will be made of electronic means of communication for dissemination of information and a CIRCA platform is already in place (see: http://circa.europa.eu/Public/irc/env/estuary/home). Experts will also be invited to provide input on specific topics.
The meetings of the Working Group will be held in Brussels. The Working language will be EN. Travel expenses and daily allowances will be at the charge of the participating experts.
Content of the report
The draft outline of the final guidance document will be presented during the 3rd meeting of the working group (30 June 2008). This document should have no more than 60-80 pages including illustrations. On each topic, there will be a presentation of the issues, some illustration mainly based on good practices examples, summaries of the main guidance already published, new guidance if necessary.
Timetable (see the Gantt chart)
The outcome of the Working Group (Guidance Document) has to be ready by the end of 2008. It will be circulated during the first half of 2009. The 2008 meetings of the Working Group are planned as follows: 14 March, 30 June, and 9 October. The Coordination Group on Nature and Biodiversity will be informed on the progress of work by the end of the year.
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Timetable / March-08 / April-08 / May-
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Second meeting of the Working Group
List of contents of guidance document
Paralia Workshop
Input from the Working Group on the 1st half of the guidance document
Harbasins conference
Presentation of the final content and of 1st half of the guidance document to the Working Group
Input from the Working Group on the 2nd half of the guidance document through an internet application (i.e. CIRCA)
Presentation of 2nd half of the guidance document to the Working Group
Final meeting with EC
Finalisation of the Proposed Guidance Document
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