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2009/28/EC Directive - evaluation of implementation

2009/28/EC Directive - evaluation of implementation. Marek Czajkowski - senior expert EIA Department General Directorate for Environmental Protection. Implementation of Directive 2009/28/EC in Poland. STEPS : The Act of 10 April 1997 – The Energy Law

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2009/28/EC Directive - evaluation of implementation

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  1. 2009/28/EC Directive - evaluation of implementation Marek Czajkowski - senior expert EIA Department General Directorate for EnvironmentalProtection

  2. Implementation of Directive 2009/28/EC in Poland STEPS : • The Act of 10 April 1997 – The Energy Law • RenewableEnergySources (RES) Act - (underpublic and interdepartmentalconsultations) impacts of thisregulationundercurrentconsideration

  3. General Director for EnvironmentalProtection – statutorytasks environmentalprotectionpolicy Control of the investment process participation in strategic environmental assessment (SEA) participation in transboundary procedures Natureconservation environmentalprotectionpolicy tasks related to Nature 2000 Network Environmentalimpactassessment of plannedprojects (EIA) cooperation with environmental authorities of other States, EC, national and selfgovermental environmental authorities and institutions

  4. The legal basis for SEA and EIA in Poland • international and UE legislation: • Directive 42/2001/EC on the assessment of the effects of certain plans and programmes on the environment • Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment • UNECE Convention on Environmental Impact Assessment in a Transboundary Context (the Espoo Convention, Espoo, 1991) • nationallegislation: • Law of October 3rd 2008 on the Provision of Information on the Environment and itsProtection, Public Participation in Environmental Protection and Environmental Impact Assessments • Regulation of the Council of Ministers of 9 November 2010 on types of projectslikely to havesignificanteffects on the environment

  5. Renewable energy sources (RES) - planned projects projectslikely to havesignificanteffects on the environment [Regulation 2010] I group → decisionon environmentalconditions + EIA (obligatory) II group→ decisionon environmentalconditions + EIA (optional) III group→assessment of the impact on a Nature2000 site (optional) Decision on environmentalconditions: • issuedat the beginning of the development consentprocedure • binding for furtherpermissions • public authority: GDEP, RDEP, head of the countyadministration, Director of the Regional Directorate of State Forests, head of the villageorthe mayor of a town otherprojects

  6. RES projects - required decision on environmental conditions I group: • conventional power plants, combined heat and power plants and other combustion installations producing heat or power, other than included in I group, with thermal power understood as energy input from fuel introduced to the installation per time unit at rated load of not less than 25 MW, or not less than 10 MW when solid fuel is used (§3.1.4) • hydroelectric plants (§3.1.5) • installations using wind power to produce energy, other than included in I group (§3.1.6): • located in nature protected areas, • with a total height of 30 metres and more • conventional power plants, combined heat and power plants and other combustion installations producing electrical or thermal energy, with a heat input of not less than 300 MW, understood as energy input to the installation from fuel per time unit at rated load (§2.1.3) • wind power stations generating electrical energy from wind power with minimum rated power 100 MW on land or offshore installations located in the sea territory of the Republic of Poland (§2.1.5) II group:

  7. RES projects - required decision on environmental conditions II group (cont.) : • installations for production of fuels from plant products, with the exclusion of installations for production of agricultural biogas, with installed electric power of not more than 0.5 MW or production of equivalent amount of agricultural biogas used for purposes other than electrical energy generation (§3.1.45) • industrial constructions, including photovoltaic system constructionswith accompanying facilities with building area of not less than: (§3.1.52) • 0.5 ha in areas of nature conservation or in buffer zones for environmental protection • 1 ha in other areas • installations related to waste recovery or waste treatment, other than included in group I, except for installations for the production of agricultural biogaswith the maximum installed electric power of 0.5 MW, or installations producing equivalent amount of agricultural biogas used for other purposes other than generating electrical energy as well as areas for surface retention and waste landfill reclamation (§3.1.80)

  8. Environmental Impact Assessment of planned projects (1) Within the framework of the EIA -identification, analysisand assessment: • direct and indirect effects on the environment, human health, property, cultural heritage and access to mineral deposits • ways of preventing and reducing the adverse impact on the environment • required scope of monitoring

  9. Environmental Impact Assessment (2) environmental report - scope • project • environment • analysed options (proponent’s, reasonable alternative, most favourable for the environment, non-action scenario) • expected environmental impacts • - human beings, fauna, flora, fungi, natural habitats, water and air, • - land surface, including land mass movements, climate and landscape, • - property, • - cultural heritage sites and landscapes • expected significant environmental effects (i.a. indirect, secondary, cumulative)

  10. Environmental Impact Assessment (3) environmental report - scope • measures envisaged to prevent, reduce or offset the adverse effects • proposed monitoring of the impacts on the environment, incl. protected areas (Nature 2000 sites) • analysis of potential social conflicts • indication of difficulties caused by technical deficiencies or gaps in currentknowledge • non-technicalsummary

  11. National Renewable Energy Action Plan (art. 4 of Directive 2009/28/EC) assumption: resourcesavailable and possible to use in Poland • electricity sector– primarydevelopment of sources based on wind, solid biomass and biogas • heating and cooling sector- development ofgeothermal and solarenergy

  12. RES Act – additional incentives => further development INLAND WIND FARMS: decisions on the conditions for land development and use (ad hoc) • spatialplanning – • scarcity of local land-useplans birds and bats – collisions with blades • cumulative impacts on fauna decrease property value • common public resistance landscape infrasounds minimum distance between turbines and households noise

  13. RES Act – additional incentives => further development INLAND WIND FARMS: „ISO 9613-2:1996Acoustics- Attenuation of sound during propagation outdoors -- Part 2: General method of calculation” - dedicated to ground-based noise sources • noisecalculation • methodology lack of methodology for calculation of infrasounds controversies over infrasounds’ impacts • transboudary impacts 1) originated in the territory of Poland - plans, policies, strategies, programmes (SEA) - proposed projects 2) originated outside of the border of Poland and could manifest itself in itsterritory

  14. RES Act – additional incentives => development WIND FARMS OFFSHORE: beyond Nature 2000 network (designated along Polish coast) • limitations in location (exlusion zones) connection to the grid • maritime protected areas (Nature 2000 network) birds’ migrations - mortality • offshoredrilling (oil, shalegas) „competition” over limited area

  15. Potentiallocations of WIND FARMS OFFSHORE (according to http://www.southbaltic-offshore.eu/) Baltic Sea Baltic Sea areassuitable for OWE development POLAND

  16. RES Act – additional incentives => further development BIOGAS PLANTS: • odours – lack of legislation and standards common public resistance

  17. RES Act – limitation of incentives reduction in support for existinginstalations: multi-fuelcombustionplants moreequitabledistribution of support for existinginstalations RES hydropowerenergy

  18. RES Act – incentives for multi-fuel (biomass) combustion SHIFT MULTI-FUEL COMBUSTION in conventionalpowerplants, based on coal (leading RES in Poland) BIOMASS COMBUSTION local, decentralised, dedicatedinstalations (pellets), incl. microinstalations • optimalisation of using of locallyavailableresources • depletion of domestic market resources => import (from distantdestinations) • biomasspricerise

  19. RES Act – limitation of incentives for hydropower plants Inhibition of development of newhydropowerplants (> 1 MW of installedpower): • surface and groundwaterbodiesprotection fulfilment of Water Framework Directive’sobjections - "good status” of waters • preservation of naturalrivers • dams = significantimpact on the environment

  20. other aspects of RES Act entering into force Restrictionsconcerningelements/devices of RES instalations - alloweddevices no olderthan 4 yearsold • preventionmeasure from using „second-hand”, obsoleteequipment • newtechnologies and devices promotion mitigationeffect on the environment (i.a. modern wind turbinesgenerate less noise)

  21. ThankYou for YourAttention ! General Directorate for EnvironmentalProtection Wawelska 52/54 00-922 Warszawa Tel.+48 22 57 92 105 Fax. +48 22 57 92 126

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