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Guidance on energy transmission infrastructure and EU nature legislation

Type of publication

Guidelines

Author

European Commission

Organisation type

Government

Year

2018

Language

English

Publicly available

Yes

Organisation

European Commission

Country of experiment

EU countries

Description

In November 2010, the European Commission published the communication 'Energy infrastructure priorities for 2020 and beyond - A Blueprint for an integrated European energy network'. It calls for a significant increase in energy transmission infrastructures in order to ensure a safe, sustainable and affordable energy supply across Europe, whilst, at the same time, reducing C02 emissions. The new TEN-E Regulation (EU) No 347/2013 establishes an EU-wide framework for the planning and implementation of energy infrastructure in the EU. It establishes nine strategic infrastructure priority corridors in the domains of electricity, gas and oil, and three Union-wide priority thematic areas for electricity highways, smart grids and carbon dioxide transportation networks. It also introduces a transparent and inclusive process to identify and select concrete Projects of Common Interest (PCIs), which are needed to implement the priority corridors.

Like all development activities within the EU, energy transmission infrastructures must be fully compliant with the EU's environmental policy, including the Habitats and Birds Directives (the EU Nature directives). This document provides guidance on how best to achieve this in practice. It pays particular attention to the correct application of the permitting procedure under Article 6 of the Habitats Directive which requires that all plans and projects likely to have a significant negative effect on a Natura 2000 site undergo an appropriate assessment (AA) before authorisation. It also addresses the requirements for protection of species in the wider landscape.

Natura 2000 sites are not designed to be 'no go zones' and new developments are not excluded. Instead developments must be undertaken in a way that safeguards the rare and endangered species and habitat types for which the site has been designated. Often this can be achieved through careful planning, good and inclusive dialogue and, where appropriate, the use of suitable mitigation measures to remove or pre-empt any potential negative impacts of individual projects as well as cumulative impacts on the site's conservation objectives at the outset.

This document is designed principally for project developers, transmission system operators (TSOs) and authorities responsible for the permitting of energy transmission plans and projects, but it should also be of interest to impact assessment consultants, Natura 2000 site managers, NGOs and any other practitioners who are concerned by or involved in the planning, design, implementation or approval of energy infrastructure plans and projects. It is intended to give them an overview of the implications of energy infrastructure proposals on Natura 2000 and EU protected species and habitats and approaches to mitigating any negative effects.

This document might also be useful for assessment procedures carried out under the Environmental Impact Assessment Directive and Strategic Environmental Assessment Directive for energy transmission facilities plans and projects for which it is determined that Appropriate Assessment of their impact on Natura 2000 is not necessary.

Target species

Multi-species

Key words
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