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Incidence evaluation (VINCA)

Incidence evaluation (VINCA). Intro – what is “incidence evaluation”?.

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Incidence evaluation (VINCA)

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  1. Incidence evaluation(VINCA) Environmental Impact Assessment

  2. Intro – what is “incidence evaluation”? Incidence evaluation is the process of a preventive nature to which you must submit any plan or project which may have a significant effect on a site or proposed site of the Natura 2000 network, individually or in combination with other plans and projects, and in view of the site’s conservation objectives. Environmental Impact Assessment

  3. Intro – what is incidence evaluation? Incidence evaluation is the process of a preventive nature to which you mustsubmit any plan or project which may have a significant effect on a site or proposed site of the Natura 2000 network, individually or in combination with other plans and projects, and in view of the site’s conservation objectives. Incidences can be connected also to plans and projects which are outside the site Incidence evaluation has been defined in the directive “Habitat” 92/43/CEE, which created the Natura 2000 network. Environmental Impact Assessment

  4. Habitat Directive - 92/43/CEE On the conservation of natural habitats and of wild fauna and flora • Multiple goals: • Promote the mantainance of biodiversity through the conservation of natural and seminatural habitats, even aquatic, and of wild fauna and flora (EU political committment: halt biodiv. loss within EU by 2010) • to ensure the restoration or maintenance of natural habitats and species of Community interest at a favourable conservation status, Environmental Impact Assessment

  5. Habitat Directive - 92/43/CEE On the conservation of natural habitats and of wild fauna and flora • Multiple goals: • promote biodiversity, taking account of economic, social, cultural and regional requirements: the general objective of sustainable development, integration with the needs of human populations • the maintenance of biodiversity may in certain cases require the maintenance, or indeed the encouragement, of human activities Environmental Impact Assessment

  6. Biodiversity • ONU summit, Rio (1992): “the variability among living organisms from all sources, including, 'inter alia', terrestrial, marine, and other aquatic ecosystems, and the ecological complexes of which they are part: this includes diversity within species (i.e.: genetic), between species and of ecosystems” • Why protect biodiversity? • Per se, aesthetic, spiritual value, … • Ecosystem services can depend on biodiversity (production, resilience, pest and “weed” species control, water purification, nutrient cycling, habitat provision) can depend on biodiversity • Pollination • Production of pharmaceutical and industrial products • Agriculture (Irish Potato Famine 1845-1851, due to a fungus: genetic biodiv.) Environmental Impact Assessment

  7. Environmental Impact Assessment

  8. Environmental Impact Assessment

  9. Environmental Impact Assessment

  10. Environmental Impact Assessment

  11. Environmental Impact Assessment

  12. Natura 2000 network • Whereas, in order to ensure the restoration or maintenance of natural habitats and species of Community interest at a favourable conservation status, it is necessary to designate special areas of conservation in order to create a coherent European ecological network according to a specified timetable; • Whereas all the areas designated, including those classified now or in the future as special protection areas pursuant to Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds(5), will have to be incorporated into the coherent European ecological network; • Article 3, Habitat Directive • A coherent European ecological network of special areas of conservation shall be set up under the title Natura 2000. • sites hosting the natural habitat types listed in Annex I and habitats of the species listed in Annex II • about 26.000 protected areas covering all Member States • total area > 850.000 km2 • approximately 18% of total EU terrestrial area Environmental Impact Assessment

  13. Natura 2000 network • 2 kinds of area: • Special protection areas (SPA, ZPS in Italian), Directive “Birds”, dalla 79/409/CEE Natura 2000 has its legal basis both on the Habitat and Bird Directive Environmental Impact Assessment

  14. Special protection areas (SPA) • International Council fod Bird Preservation, LIPU, etc.: identification of IBA sites (Important Bird Areas in Europe) • SPA are chosen by Member states • If SPA are not enough (IBA are a reference for this): infringement procedure. • In Italy: SPA assessed by Regions and Provincie Autonome. They communicate their assessments to the Ministry of Environment to assess and communicate to the European Commission Environmental Impact Assessment

  15. Natura 2000 network • 2 kinds of area: • Special protection areas (SPA, ZPS in Italian), Directive “Birds”, dalla 79/409/CEE • Sites of Community Importance (SCI, SIC in Italian) or proposed SCI (by Member States) (pSCI): sites going to be designated as a SAC (special area of conservation, ZSC in Italian) (art. 4) • SCI means a site which, in the biogeographical region or regions to which it belongs, contributes significantly to the maintenance or restoration at a favourable conservation status of a natural habitat type in Annex I or of a species in Annex II and may also contribute significantly to the coherence of Natura 2000 referred to in Article 3, and/or contributes significantly to the maintenance of biological diversity within the biogeographic region or regions concerned • SAC means a site of Community importance designated by the Member States through a statutory, administrative and/or contractual act where the necessary conservation measures are applied for the maintenance or restoration, at a favourable conservation status, of the natural habitats and/or the populations of the species for which the site is designated; Environmental Impact Assessment

  16. SAC, SCI e pSCI • On the basis of the criteria of Annex 3, wach Member State shall propose a list of sites indicating which natural habitat types in Annex I and which species in Annex II that are native to its territory the sites host (pSCI). • The commission, based on such list and in agreement with member states, will adopt such sites of community importance (SCI) • Once a site of Community importance has been adopted […], the Member State concerned shall designate that site as a special area of conservation (SAC) as soon as possible and within six years at most, establishing priorities in the light of the importance of the sites for the maintenance or restoration, at a favourable conservation status, of a natural habitat type in Annex I or a species in Annex II and for the coherence of Natura 2000, and in the light of the threats of degradation or destruction to which those sites are exposed. Environmental Impact Assessment

  17. Natura 2000 • Habitat Directive art. 3 • 2 kinds of area: • Special protection areas (SPA, ZPS in Italian), Directive “Birds”, dalla 79/409/CEE • Sites of Community Importance (SCI, SIC in Italian) or proposed SCI (by Member States) (pSCI): sites going to be designated as a SAC (special area of conservation, ZSC in Italian) (art. 4) • “Network” of sites: system highly reprehesentative of the several ecosystem and ecological variabilies; coordinated and coherent system (e.g. migration fluxes, genetic variability, not only “natural” sites but links…) • Not only protected areas! Private and public sustainable uses are not excluded. Environmental Impact Assessment

  18. Natura 2000 • Structured in biogeographic regiones (ecologically homogeneous regiones): beyond national borders =>network • Alpine • Atlantic • Black Sea • Boreal • Continental • Macaronesian • Mediterranean • Pannonian • Steppic Environmental Impact Assessment

  19. Environmental Impact Assessment

  20. Natura 2000 network “To date”, SCI have been defined in the following biogeographic regions: • Alpine • Alps • Appennines • Pyrenees • Fennoscandian mountains • Macaronesian: • Azores • Canaries • Madeira Environmental Impact Assessment

  21. Environmental Impact Assessment

  22. Environmental Impact Assessment

  23. Italy will have to propose sites for habitat 4070 “Bushes with Pinus mugo e Rhododendron hirsutum (Mugo-Rhodoretum hirsuti)" and 7140 “Transition mires and quaking bogs". Environmental Impact Assessment

  24. Environmental Impact Assessment

  25. http://www.pcn.minambiente.it/PCN/ Natura 2000 network - Veneto Environmental Impact Assessment

  26. Taken from http://natura2000.eea.europa.eu/ Environmental Impact Assessment

  27. Incidence evaluation Art. 6 paragraph 3 Habitat Directive: VINCA Incidence evaluation is the process of a preventive nature to which you must submit any plan or project which may have a significant effect on a site or proposed site of the Natura 2000 network, individually or in combination with other plans and projects, and in view of the site’s conservation objectives. • All plans and project even not directly connected to the site, BUT with a significant effect on it = incidence evaluation • VINCA is received by authority but is not binding it: if, in spite of a negative assessment, in the absence of alternative solutions, a plan or project must be carried out for imperative reasons of overriding public interest, including those of a social or economic nature, the Member State shall take all compensatory measures necessary to ensure that the overall coherence of Natura 2000 is protected. • EIA o VAS? VINCA must be done but can be included in such evaluations • No EIA e VAS? VINCA must be done anyway. Environmental Impact Assessment

  28. Definitions • Projects vs Pians (large scale organization of the territory) • Significant effect: the probability that a plan or prohect has effects on the integritiy of a Natura 2000 site; such significance depends on the particularities and environmental conditions of the site • Integrity of a site: a quality or condition of wholeness or completeness in the sense of "coherence of the structure and ecological function of a site in its full size or of a habitat, complex of habitats and / or populations of species for which the site has been or will be classified " • Negative effect (incidence): the possibilty that a plan or project has significant effects on a Natura 2000 site, leading to negative effects for the integrity of the site, in fulfilling the objectives of the Natura 2000 network. • Positive effect (incidence): the possibilty that a plan or project has significant effects on a Natura 2000 site, without leading to negative effects for the integrity of the site, in fulfilling the objectives of the Natura 2000 network. Environmental Impact Assessment

  29. Italian law Infringment procedure • Decreto del Presidente della Repubblica 8 settembre 1997, n. 357 . • Decreto del Ministro dell'Ambiente 20 gennaio 1999 - Modificazioni degli allegati A e B del decreto del Presidente della Repubblica 8 settembre 1997, • Decreto del Presidente della Repubblica 12 marzo 2003, n.120. Regolamento recante modifiche ed integrazioni al decreto del Presidente della Repubblica 8 settembre 1997 n. 357, • Decreto del Ministero dell'Ambiente e della Tutela del Territorio 3 settembre 2002 – Guidelines for the management of the Natura 2000 sites - Linee guida per la gestione dei siti della Rete Natura 2000 (G.U. della Repubblica Italiana n. 224 del 24 settembre 2002). • Decreto 25 marzo 2004. SCI list for the alpine biogeographic region - Elenco dei siti di importanza comunitaria per la regione biogeografica alpina in Italia, ai sensi della Direttiva 92/43/CEE (G.U. n. 167 del 19 luglio 2004) Environmental Impact Assessment

  30. DPR 357/1997 as modified by… art. 4: Conservation measures • Regions and province autonome must adopt measures to avoid the degradation of pSIC • The Ministry of Environment creates guidelines for managing the “Natura 2000” network. Regions will follow such guidelines for the conservations of SAC. Environmental Impact Assessment

  31. DMA 03/09/2002 “Linee guida per la gestione dei siti Natura 2000” - Guidelines • When a management plan for SAC is needed • What should be inside the plan Environmental Impact Assessment

  32. Vinca – DPR 120/2003 art. 6 It was art. 5, DPR 357/1999 • planning and spatial planning should take into account the natural and environmental value of pSCI, SCI and SAC. • VINCA must be done for all spatial plans, planning and industry, including agricultural and wildlife-hunting plans and their variants • VINCA done also for the evaluation of the incidence of all actions not directly related but which may have a significant effect on the actual site, alone or in combination with other interventions. Environmental Impact Assessment

  33. DPR 120/2003 art. 6 • For projects already subject to EIA, VINCA within EIA procedure. EIS (SIA) prepared by the proponent must also deals with the compatibility between the project and purpose of conservation of the site. • For plans or projects which may have effects on a Natura 2000 sites within a national protected area (even partially), VINCA must done after consulting with the manager of the area Environmental Impact Assessment

  34. Vinca - procedure The proponents of a project/plan must present a study (it was “relazione”) made according to DPR 357/97 – Allegato G. VINCA contains: • Characteristics of plans/projects with particular reference to: • Types of actions / works; • Dimension / frame of reference; • complementarity with other plans and / or projects; • the use of natural resources; • waste production; • Pollution and environmental disturbances; • Risk of incidents in relationship to the substances and techonlogies that are used 2. Analysis of the interference of the plan or project with the environmental system of reference, considering the biotic and abiotic components and ecological connections Environmental Impact Assessment

  35. Vinca - procedure The spatial scale for the analysis: • Depends on the site, habitat and species to be conserved • Minimum detail: 1:100.000 Competent authorities (Italy): • Plans with regional relevance : regions or prov. autonome • Plans with national relevance: Min. of Environment Environmental Impact Assessment

  36. Vinca – procedure Even if regions are the competent authorities, there are European Guidelines: "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 92/43/EEC" novembre 2001” Unofficial translation by the FVG region : "Valutazione di piani e progetti aventi un'incidenza significativa sui siti della rete Natura 2000. Guida metodologica alle disposizioni dell'articolo 6, paragrafi 3 e 4 della Direttiva "Habitat" 92/43/CEE" Environmental Impact Assessment

  37. Vinca - procedure 4 steps: • Screening • “Proper” assessment (Valutazione “appropriata”) • Analysis of alternative solutions • Take (define) compensatory measures Such steps do not necessarily correspond to a procedural protocol, many steps can be followed "implicitly" and they must, however, be fit into the various procedures already provided for, or which may be provided for, the Regions and Autonomous Provinces. Environmental Impact Assessment

  38. SCREENING • explore the possibility that the implementation of a plan / project, not directly connected with or necessary to the management of a Natura 2000 site, will cause a significant effect on the conservation objectives of the site • Project/plan connected to the management of the Natura 2000 site? Do not do Vinca. If however the project causes significant effects on another Natura 2000 site, Vinca must be done for that site • Unnecessary project? Vinca must be done http://www.minambiente.it/index.php?id_sezione=1508 Environmental Impact Assessment

  39. Vinca - Screening • Goal of Plan/Project (PP) • Description of PP (all. G): • kind, dimensions, covered surface • sector of the plan • physical modifications that will be caused by the P/P (excavations, foundations, etc.) • needs in termi of resources (water abstraction, etc.) • emissions and waste (disposal on land, water, air…) • transport needs • Duration of construction, operation, decommissioning, etc. • period of the plan • Distance from the Natura 2000 site or relevant characters of the site • Cumulative impacts with other PP (synergies) • other Environmental Impact Assessment

  40. Vinca - Screening • Characteristics of the Natura 2000 site • Assessment of the significance of the possible effects, e.g.: • Loss of habitat areas (%) • Fragmentation (temporary or permanent, referred to the original level) • perturbation (termporary or permanent, distance from the site) • Changes in the main elements of the site (e.g. water quality) If there is no significant effect, you do not need to proceed to the next step. Environmental Impact Assessment

  41. PROPER ASSESSMENT It is assessed if the plan or project has a negative effect on the integrity of the Natura 2000 site, alone and together with other plans/projects. http://www.minambiente.it/index.php?id_sezione=1508 Environmental Impact Assessment

  42. Vinca – proper assessment • Comprehensive collection of information • Prediction of impacts: • direct or indirect; • Short- or long-term; • Effects due to the setting up of the project, operation, dismantling; • Isolated effects, interactions and cumulative effects Environmental Impact Assessment

  43. Vinca – proper assessment • Conservation goals: Can the impacts have a negative effect on the site integrity? • Mitigation measures:Can such effects be reduced? • how? (which tools / actions) • when? (schedule of mitigation measures) Environmental Impact Assessment

  44. Analysis of alternative solutions If the negative effects on the site integrity remain, in spite of the mitigation measures, it must be searched for doable alternative solutions. In order to do this, it is fundamental to bear in mind the objectives of the project/plan. http://www.minambiente.it/index.php?id_sezione=1508 Environmental Impact Assessment

  45. Vinca – alternative solutions • Identification of alternative solutions: • location/alternative routes (different paths, e.g. in the case of linear projects such as a road) • Alternative dimension or development approaches; • Alternative construction methods; • Different means to reach the same goals; • Different operating mode; • Different dismantling/disposal strategy; • Different schedules (i.e. different timetables). Environmental Impact Assessment

  46. Vinca –alternative solutions • Assessment of alternative solutions:Vinca must be done for each of the alternative solutions (… or, reasons why the alternatives are impractical must be found) Environmental Impact Assessment

  47. Vinca –alternative solutions • If there are no alternative solutions, the plan/project can be done only for reasons of outstanding public interest(long-term) and at the same time by the adoption of appropriate compensatory measures (which should be notified to the Ministry of Environment) • If the site concerned hosts a priority natural habitat type and/or species, the project/plan can be done only for reasons relating to human health or public safety, to beneficial consequences of primary importance for the environment or, further to an opinion from the Commission, to other imperative reasons of overriding public interest (DPR 120/2003, art. 6, comma 10). In all other cases (reasons of private interest, not outstanding public interest), the plan/project cannot be approved. Environmental Impact Assessment

  48. If the project is “unavoidable”, the negative effects must be balanced Take compensatory measures http://www.minambiente.it/index.php?id_sezione=1508 Environmental Impact Assessment

  49. Vinca – compensatory measures • Choice of the compensatory measures, e.g.: • Habitat restoration in compliance with the conservation objectives of the site; • Creation of a new habitat, proportionally to the one which will be lost, on a new site or by enlarging the existing one; • Improvement of the remaining habitat, proportionally to the loss due to the plan/project; • Identification and proposal of a new site (borderline case). Environmental Impact Assessment

  50. Regional Vinca Delibera di Giunta 3173: • “Guida metodologica per la valutazione di incidenza ai sensi della direttiva 92/43/CEE” (all.A) • “Guida metodologica alla valutazione d’incidenza riferita a piani di tipo faunistico – venatorio” (all. A1) • “Modalità operative per la verifica e il controllo dei documenti di valutazione di incidenza” Environmental Impact Assessment

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