2009/28/EC Directive

- evaluation of implementation

Marek Czajkowski - senior expertEIA Department

General Directorate for Environmental Protection

STEPS :

1)The Act of 10 April 1997 – The Energy Law

2)Renewable Energy Sources (RES) Act - (under public and interdepartmental consultations)

impacts of this regulation under current consideration

Implementation of Directive 2009/28/EC in Poland

General Director for Environmental Protection – statutory tasks

Nature conservationtasks related to Nature 2000 Network

environmental protection policy

participation in strategic environmental assessment (SEA)

participation in transboundary procedures

environmental protection policy

Control of the investmentprocess

Environmental impact assessment of planned projects (EIA)

cooperation with environmental authoritiesof other States, EC, national and selfgovermental environmental

authorities and institutions

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)

national legislation:• Law of October 3rd 2008 on the Provision of Information on the Environment

and its Protection, Public Participation in Environmental Protection and Environmental Impact Assessments

• Regulation of the Council of Ministers of 9 November 2010 on types of projects likely to have significant effects on the environment

The legal basis for SEA and EIA in Poland

I group → decision on environmental conditions + EIA (obligatory)

II group → decision on environmental conditions + EIA (optional)

III group → assessment of the impact on a Nature 2000 site (optional)

Decision on environmental conditions:

•issued at the beginning of the development consent procedure

•binding for further permissions

•public authority: GDEP, RDEP, head of the county administration, Director of the Regional Directorate of State Forests, head of the village or the mayor of a town

Renewable energy sources (RES) - planned projects

projects likely to have significant effects on the environment [Regulation 2010]

other projects

• 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

RES projects -required decision on environmental conditions

I group:

II group:

• 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)

• 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 constructions with 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 biogas with 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)

RES projects -required decision on environmental conditions

II group (cont.) :

Within the framework of the EIA - identification, analysis and 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

Environmental Impact Assessmentof planned projects (1)

• 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)

Environmental Impact Assessment (2)

environmental report - scope

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 current knowledge

• non-technical summary

National Renewable Energy Action Plan (art. 4 of Directive 2009/28/EC)

• heating and cooling sector - development of geothermal and solar energy

• electricity sector – primary development of sources based on wind, solid biomass and biogas

assumption: resources available and possible to use in Poland

RES Act – additional incentives => further development

INLAND WIND FARMS:

birds and bats – collisions with blades

• common public resistance

decrease property value

minimum distance between turbines and households

infrasounds

• cumulative impacts on fauna

• spatial planning – scarcity of local land-use plans

decisions on the conditions for land development and use (ad hoc)

landscape

noise

RES Act – additional incentives => further development

INLAND WIND FARMS: „ISO 9613-2:1996 Acoustics - Attenuation of sound

during propagation outdoors -- Part 2: General method of calculation”- dedicated to ground-based noise sources

• noise calculation methodology

lack of methodology for calculation of infrasounds

controversies over infrasounds’ impacts

1) originated in the territory of Poland- plans, policies, strategies, programmes (SEA)- proposed projects

2) originated outside of the border of Polandand could manifest itself in its territory

• transboudary impacts

RES Act – additional incentives => development

WIND FARMS OFFSHORE:

connection to the grid

• maritime protected areas (Nature 2000 network)

• limitations in location (exlusion zones)

beyond Nature 2000 network (designated along Polish coast)

birds’ migrations - mortality

• offshore drilling (oil, shale gas)

„competition” over limited area

Potential locations of WIND FARMS OFFSHORE (according to http://www.southbaltic-offshore.eu/)

Baltic Sea

POLAND

Baltic Sea

areas suitable forOWE development

RES Act – additional incentives => further development

BIOGAS PLANTS: • odours – lack of legislation and

standards

common public resistance

RES Act – limitation of incentives

more equitable distribution of support for existing instalations RES

multi-fuel combustion plants

reduction in support for existing instalations:

hydropower energy

• depletion of domestic market resources => import (from distant destinations)

RES Act –incentives for multi-fuel (biomass) combustion

• optimalisation of using of locally available resources

BIOMASS COMBUSTION local, decentralised, dedicated instalations (pellets), incl. microinstalations

MULTI-FUEL COMBUSTION in conventional power plants, based on coal(leading RES in Poland)

SHIFT

• biomass price rise

Inhibition of development of new hydropower plants (> 1 MW of installed power):

RES Act – limitation of incentives for hydropower plants

• surface and groundwater bodies protection

fulfilment of Water Framework Directive’s objections - "good status” of waters

• preservation of natural rivers

• dams = significant impact on the environment

Restrictions concerning elements/devices of RES instalations - allowed devices no older than 4 years old

other aspects of RES Act entering into force

• prevention measure from using „second-hand”, obsolete equipment

• new technologies and devices promotion

mitigation effect on the environment(i.a. modern wind turbines generate less noise)

Thank You for Your Attention !

General Directorate for Environmental Protection Wawelska 52/54

00-922 WarszawaTel.+48 22 57 92 105Fax. +48 22 57 92 126