Guidance document on wind energy developments and EU ...

1 EN EN EUROPEAN COMMISSION Brussels, C(2020) 7730 final Commission notice Guidance document on wind energy developments and EU nature legislation 1 Commission notice Guidance document on wind energy developments and EU nature legislation Guidance document on wind energy developments and EU Nature Legislation This Guidance document is not legally binding; its sole purpose is to provide information on certain aspects of the relevant EU legislation. It is thus intended to assist citizens, businesses and national authorities in the application of the Birds and Habitats Directives.

2 It does not prejudge any future position of the Commission on the matter. Only the Court of Justice of the European Union is competent to authoritatively interpret Union law. This Guidance document does not replace, add to or amend the provisions of the Birds and Habitats Directives; furthermore it should not be considered in isolation but used in conjunction with this legislation. European Commission, 2020 Reproduction is authorised, provided the source is acknowledged. Guidance on wind energy developments and EU Nature Legislation 2 CONTENTS 1 wind energy IN EUROPE 12 Introduction 12 The EU policy framework for promoting renewable energy sources 13 Trends in wind energy developments 15 2 THE EU S POLICY FRAMEWORK AND LEGISLATION FOR NATURE AND BIODIVERSITY 17 The EU biodiversity policy framework 17 The Birds and Habitats Directives 17 Introduction 17 The protection and management of Natura 2000 sites 18 Step-by-step approach for wind farm developments potentially affecting Natura 2000 sites 18 Screening 21

3 Appropriate assessment 22 Derogations under Article 6(4) 24 Species protection provisions 24 Streamlining with the Strategic Environmental Assessment (SEA) and Environmental impact Assessment (EIA) processes 24 3. GENERAL APPROACH AND PRINCIPLES DURING SCREENING AND APPROPRIATE ASSESSMENT 26 Significance of the likely effects 26 Establishing the content, the area and timeframe of the assessment (scoping) 27 Setting a baseline 29 Assessing cumulative effects 31 Which activities to take into account? 31 Recommended approach related to assessing cumulative effects in the wind energy sector 33 Dealing with uncertainty in assessing and authorising wind energy development 35 Public participation and stakeholder involvement 39 Guidance on wind energy developments and EU Nature Legislation 3 4.

4 STRATEGIC PLANNING 43 General information 43 Strategic planning in the general context of wind energy 43 Strategic planning for offshore wind energy 44 Using wildlife sensitivity mapping for strategic planning of wind energy 46 Introduction 46 Examples of wildlife sensitivity mapping approaches for onshore and offshore wind energy developments 46 Multiple use of wind energy development sites 51 5. ONSHORE: POTENTIAL EFFECTS 53 Introduction 53 Types of impacts 53 Mitigation measures 54 Habitats 56 Introduction 56 Types of impacts 57 What are the main types of impacts?

5 57 How is significance assessed? 58 Potential mitigation measures 62 Bats 62 Introduction 62 Types of impacts 63 What are the main impact types? 63 How is significance assessed? 64 Potential mitigation measures 67 Introduction 67 Micro-siting: Turbine arrangement and location 68 Infrastructure design: Turbine number and technical specifications (including lighting) 69 Scheduling: Avoiding, reducing or phasing construction activities during ecologically sensitive periods 69 Curtailment and cut-in speeds: Timing of turbine operation 69 Deterrents: Acoustic measures 71 Birds 72 Introduction 72 Types of impacts 73 What are the main impact types?

6 73 How is significance assessed? 74 Possible mitigation measures 80 Introduction 80 Guidance on wind energy developments and EU Nature Legislation 4 Micro-siting: Turbine arrangement and position 80 Infrastructure design: Turbine number and technical specifications (including lighting) 81 Scheduling: Avoiding, reducing or phasing activities during ecologically sensitive periods 81 Disturbance reduction: Alternative construction methods and barriers 81 Curtailment: Timing of turbine operation 82 Acoustic and visual deterrents 84 Habitat management: luring and dissuading species away from turbines 85 Other species 86 Introduction 86 Types of impacts 86 Mammals 86 Amphibians and reptiles 87 Invertebrates, plants and aquatic organisms 87 Possible mitigation measures 88 Decommissioning and repowering 88 Decommissioning 88 Repowering 89 6.

7 OFFSHORE: POTENTIAL EFFECTS ERROR! BOOKMARK NOT DEFINED. Introduction 92 Habitats 94 Introduction 94 Types of impacts 95 What are the main types of impacts? 95 How is significance assessed? 97 Mitigation measures 98 Fish 99 Types of impacts 99 Possible mitigation measures 100 Birds 100 Introduction 100 Types of impacts 101 What are the main types of impacts? 101 How is significance assessed? 102 Possible mitigation measures 104 Introduction 104 Infrastructure design: Number of turbines and technical specifications (including lighting) 105 Scheduling: Avoiding, reducing or phasing activities during ecologically sensitive periods 105 Curtailment: Timing of turbine operation 105 Guidance on wind energy developments and EU Nature Legislation 5 Acoustic and visual deterrents 106 Marine mammals 106 Introduction 106 Types of impacts 108 What are the main types of impacts?

8 108 How is significance assessed? 112 Possible mitigation measures 116 Introduction 116 macro -siting 117 Scheduling: Avoiding, reducing or phasing activities during ecologically sensitive periods 117 Infrastructure design: turbine foundations 117 Noise reduction: various engineering approaches 118 Surveillance of exclusion zones: visual and acoustic observations 119 Deterrents: acoustic deterrent devices 120 Other species 121 Introduction 121 Types of impacts 121 Plants and algae 121 Invertebrates 122 Bats 122 Possible mitigation measures 123 Plants, algae and invertebrates 123 Bats 123 Decommissioning and repowering 124 Decommissioning 124 Repowering 124 7.

9 MONITORING AND ADAPTIVE MANAGEMENT 125 Monitoring 125 Introduction 125 Monitoring and wind energy developments 126 Adaptive management 130 8. REFERENCES 133 9. APPENDICES 151 Guidance on wind energy developments and EU Nature Legislation 6 FIGURES Figure 2-1 Flowchart of the Art 6(3) and Art 6(4) procedure (Source: Managing Natura 2000 sites. The provisions of Article 6 of the Habitats Directive 92/43/EEC (2019/C 33/01). European Commission, 2019) 20 Figure 4-1 Synthesis map of bird sensitivity to wind turbines in Flanders 47 Figure 4-2 Extract of sensitivity map for bats in Flanders 47 Figure 4-3 wind farms at different authorization stages within a sensitivity map for cinereous vulture (Aegypius monachus).

10 49 Figure 4-4 Examples of wind farm sensitivity maps from SeaMaST 50 Figure 4-5 Schneebergerhof co-located wind energy development, Germany 51 Figure 5-1 Habitat loss and fragmentation by construction platforms and access roads in hilly steppe landscape 60 Figure 5-2 Visualization of approach to calculate fragmented surface by a wind farm 61 Figure 5-3 Pelican flight tracks recorded by the radar over the full study period 73 Figure 5-4 Identified subpopulations of wintering waterfowl and gulls at subregional (local) scale in Flanders 77 Figure 5-5 Displacement effects on golden eagle due to construction of wind farms in the French Massif Central 79 Figure 5-6 White-tailed eagle relative sensitivity map at the Sm la wind -power plant, Norway 90 Figure 7-1.