Strasbourg, 31 August 2015 T-PVS/Files (2015) 22 [files22e_2015.docx] CONVENTION ON THE CONSERVATION OF EUROPEAN WILDLIFE AND NATURAL HABITATS Standing Committee 35th meeting Strasbourg, 1-4 December 2015 __________ Specific Site - File open Wind farms in Balchik and Kaliakra - Via Pontica (Bulgaria) - REPORT BY THE GOVERNMENT - Document prepared by Ministry of Environment and Water of Bulgaria ____________________________________________________________________ This document will not be distributed at the meeting. Please bring this copy. Ce document ne sera plus distribué en réunion. Prière de vous munir de cet exemplaire. T-PVS/Files (2015) 22 - 2 - UPDATED INFORMATION on implementation of the Recommendation No. 130 (2007) of the Bern Convention Standing Committee on the Windfarms planned near Balchik and Kaliacra, and other wind farm developments on the Via Pontica route (Bulgaria) In connection with the application of Recommendation 130 (2007) of the Standing Committee of the Bern Convention regarding construction of Wind Farms in the region of Kaliacra, Bulgaria provides the following updated information about the progress reached thereinafter: 1. review relevant decisions, at the local, regional and national level, concerning wind energy plants and ensure that new plants are not built in the region unless Environmental Impact Assessment (EIA) prove they do not have a substantial negative effect on the biological diversity protected under the Convention - EIA reports should be more precise and scientifically sound than those already presented and should formulate independent peer reviewed conclusions; For the period after the adoption of the Recommendation No. 130 (2007) to the Bern Convention Standing Committee, significantly improved the Environmental Impact Assessment (EIA) and Appropriate assessment (AA) Reports, thanks to the development of knowledge, methodology, capacity and corresponding policy in this area. During these years, Ministry of Environment and Water increase the quantity and quality of available information and also requirements to the scope, content and quality of the reports. Were implemented several projects targeted at species and habitats of the Birds and Habitats Directives. The role of NGOs and scientific organisations to provide access to their information increase too. It was considerably improved and methodological basis related to the preparation and evaluation of the EIA and AC Reports, and training of people involved in the proceedings (see paragraph 10 below). The change in the legislation allowed to repeal several decisions for wind power generation building, and another in - to lose its legal effect. In practice this means that will be realised very few number of projects that have been granted (see paragraph 9 below). Been put in place, the precautionary principle and the assessment of cumulative effects in the planning, authorisation and implementation of the projects. Appropriate assessment has become an integral part of the procedures preceding the issuing of the authorisation for the project. Most important for reducing the impact of wind farms have introduced by National Action Plan for Renewable Sources Energy, prohibitions on the construction of such facilities in the most important for birds areas of the Natura 2000 network, as well as in neighboring areas, forming practically buffer zones around it. 2. fully reconsider the development of approved windfarms projects in the Balchik and Kaliacra region situated within or nearby sites designated as important bird areas and special areas of conservation; Since 2009, the Ministry of Environment and Water started reconsideration of already issued permissions for realisation of projects in Kaliacra Important Bird Areas As the Standing Committee was informed, in 2012 of changes were made in the Biological Diversity Act (art. 31, paragraph 23, published in State Gazette 32/2012) and Environmental Protection Act (art 93, paragraph 7, published in State Gazette 53/2012) which establish the following: Appropriate assessment decision loses its validity if within 5 years after being issued the operator does not take steps to implement the project or the investment proposal or steps to have plan or the program approved. - 3 - T-PVS/Files (2015) 22 Decisions that state that no EIA are required also lose their validity if within 5 years after being issued the operator does not take steps to implement the investment proposal. According to Paragraph 12 a (2) of the Transient and final provisions of Environmental Protection Act, the above limit of validity is applied to all decisions issued in accordance with the national legislation. A retroactive effect was given to the measure, thus covering the existing environmental permits. With the introduction of this measure more than 90% of the approved projects have been eliminated. With these two measures a certainty has been established that there will be no excessive construction in the region. 3. investigate the possibility of relocating the windfarm projects already under construction as well as the single turbines (whose building is possible without EIA) in order to restore the integrity of sites to be considered as Natura 2000 sites, IBAs, or under other protection status; Since 2009, all wind generators, including single ones in Natura 2000 sites, have been subject to mandatory EIA / АА. In assessing they pay attention to the location of the individual turbines and where appropriate, their arrangement is changed, which is reflected in the EIA/AA decision. 4. select alternative locations for future and not yet operating turbines based on appropriate data (including long-term monitoring of biodiversity) and assessments (e.g. using multicriteria- analysis); key bird areas, potential SPAs, IBAs, intensive bird migration corridors and sites regularly used by large flocks of roosting species such as storks and wintering geese must be avoided from windfarm development; See paragraph 10. 5. assess the impact of the current operating turbines General targeted monitoring of the impact of wind turbines on birds has not been made. Monitoring has been made by the operators of several large wind energy parks. Monitoring is carried out also in separate activities in two projects financed by EU funds. The data are interpreted by different experts differently and therefore, they will not be discussed herein. Due to uncertain interpretations of the impact of wind farms on birds both in nationally and internationally level, we believe that the observations need to continue, and the results to be subject of depth discussion. However, it can be said that no evidence of high mortality and behavioral response of birds to a possible barrier effect. 6. conduct an Strategic Environmental Assessment (SEA) of Bulgaria’s wind energy programme, taking into account possible conflicts of wind energy production within the most intensive bird movements areas, in particular along the Black Sea coast; Bulgarian Energy Strategy by year 2020 By Standpoint on Ecological Assessment № 3-2/2010, the Minister of environment and water has coordinated the Bulgarian Energy Strategy by year 2020 The condition of the protected areas is analysed in the document regarding the realised and/or in a process of coordination investment proposals, plans and projects for starting new energy resources (mainly Wind Parks). An increased concentration of such projects in the protected areas has been accounted for and the following measures have been proposed: complex measures, mitigating and decreasing the adverse impact on the natural habitats and habitats of species, including birds being object of protection in the corresponding sites; specific measures for the sites, taking into account the possible adverse impacts, originating from the character of the types of intentions; A generalised conclusion is taken, that the application of the Energy Strategy under observing of the included recommendations and mitigating measures will not lead to significant extend of the adverse impact on the subject and the goals of conservation of the protected sites from Ecological Network NATURA 2000. T-PVS/Files (2015) 22 - 4 - National Action Plan on Energy from the Renewable Energy Sources 2011-2020 (NAPERES 2011- 2020) On 9 January 2013, the Council of Ministers adopted the National Action Plan on Energy from the Renewable Energy Sources 2011-2020. The Action Plan reflects the measures and conditions contained in the Opinion №1-2/2012 on the Strategic Environmental Assessment which the Minister of Environment and Water coordinated the National plan, in order to eliminate, reduce and as fully as possible offset any significant adverse effects of its implementation on Natura 2000 sites. In particular these are circumstances and bans, for the duration of the plan, on holding new coordination procedures under the Environmental Protection Act and Biological Diversity Act for wind generators located within the boundaries of Natura 2000 network as well as in designated areas outside the boundaries of Natura 2000 network in Dobruja Area, East Rhodopi Area and а distance of 2-6 km from some important for birds Natura 2000 sites (detailed information can be found in our report to the Bern Convention Standing Committee, September 2012). Because for SEA opinion is allowed preliminary implementation that applies by its delivery - August 8, 2012, from that no approved wind generator projects in the areas covered of prohibitions listed in the SEA opinion. Zoning map for