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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