EN Official Journal of the European Union C 213/62

Commission notice: ‘Energy transmission infrastructure and EU nature legislation’

(2018/C 213/02)

TABLE OF CONTENTS

Page

ABOUT THIS DOCUMENT 65

Purpose 65

Structure and contents 65

Scope of the document 65

1. A RENEWED ENERGY INFRASTRUCTURE FOR EUROPE 67

1.1. The need for a renewed energy infrastructure in Europe 67

1.2. Infrastructure challenges 68

1.2.1. Electricity grids and storage 68

1.2.2. Natural gas grids and storage 69

1.2.3. Oil and olefin transport and refining infrastructure 69

1.2.4. CO 2 capture, transport and storage (CCS) 69

1.3. Types of transmission and distribution facilities in use 69

1.3.1. Gas and oil transmission and distribution facilities 69

1.3.2. Electricity transmission and distribution facilities 70

1.4. Projects of Common Interest (PCIS) 70

2. EU NATURE LEGISLATION 72

2.1. Introduction 72

2.2. The Habitats and Birds Directives 72

2.3. The protection and management of Natura 2000 Sites 73

2.3.1. Taking positive conservation measures and ensuring non-deterioration 73

2.3.2. The permit procedure for plans and projects affecting Natura 2000 sites 74

2.4. Species protection provisions 75

3. POTENTIAL IMPACTS OF ENERGY TRANSMISSION FACILITIES ON NATURA 2000 AND EU PROTECTED SPECIES 76

3.1. Introduction 76

3.2. The need for a case-by-case approach 76

3.3. An overview of potential impacts on EU protected species and habitats 77

3.3.1. Habitat loss, degradation or fragmentation 77

3.3.2. Disturbance and displacement: 77

3.3.3. Collision and electrocution risk: 77

3.3.4. Barrier effects 77

3.4. Distinguishing between significant and insignificant effects 78

3.5. Cumulative effects 78

4. POTENTIAL IMPACTS OF ELECTRIC GRID INFRASTRUCTURES ON WILD BIRDS 79

4.1. Introduction 79

4.2. Electric grid infrastructures 79

4.3. Potential negative impacts of electricity infrastructure on wild birds 80

4.3.1. Electrocution 80

4.3.2. Collision 83

4.3.3. Habitat loss and fragmentation 84

4.3.4. Disturbance/Displacement 84

4.3.5. Electromagnetic fields 84

4.4. Potential positive effects of electricity infrastructure on wild birds 84

5. POTENTIAL MITIGATION MEASURES FOR ELECTRIC GRID INFRASTRUCTURES AFFECTING WILD BIRDS 86

5.1. What are mitigation measures? 86

5.2. Potential measures to mitigate negative effects of electricity plans or projects on wild bird species 88

5.2.1. Introducing proactive measures at the planning level 88

5.2.2. Investigating potential mitigation and preventive measures at the project-level 90

5.3. Detailed technical recommendations for remedial and mitigation measures 91

5.3.1. Mitigation of electrocution 91

5.3.2. Mitigation of collision 92

6. THE IMPORTANCE OF ADOPTING A STRATEGIC APPROACH TO PLANNING 93

6.1. The benefits of integrated planning 93

6.2. Determining suitable locations for energy transmission facilities 94

6.3. Looking for ways to streamline the permitting procedures for energy transmission facilities 96

6.3.1. Early planning, ‘roadmapping’ and scoping of assessments 96

6.3.2. Early and effective integration of environmental assessments and of other environmental requirements 97

6.3.3. Procedural coordination and time limits 98

6.3.4. Quality of the reports 98

6.3.5. Cross-border co-operation 98

6.3.6. Early and effective public participation 99

7. THE PERMITTING PROCEDURE UNDER ARTICLE 6 OF THE HABITATS DIRECTIVE 99

7.1. Introduction 99

7.2. The scope of the Article 6 permit procedure 100

7.3. A step-by-step procedure for carrying out appropriate assessments 102

7.3.1. Step one: screening 102

7.3.2. Step two: the Appropriate Assessment 102

7.3.3. Step 3: approving or refusing the plan or project in light of the conclusions of the appropriate assessment 109

7.4. The derogation procedure under Article 6.4 109

8. ENERGY TRANSMISSION INFRASTRUCTURE IN THE MARINE ENVIRONMENT 113

8.1. An overview of current energy infrastructure in EU marine waters 114

8.1.1. Oil and gas 114

8.1.2. Offshore wind, wave and tidal current power 115

8.1.3. Carbon Capture and Storage (CCS) 117

8.1.4. Transmission grids 117

8.1.5. Projections for the future 117

8.2. NATURA 2000 in the marine environment 119

8.2.1. The protection of marine environment, habitats and species 119

8.2.2. Supporting measures and useful sources of information 123

8.3. Potential impacts and approaches to mitigation 124

8.3.1. Installation 126

8.3.2. Operation 129

8.3.3. Decommissioning 131

8.3.4. Cumulative effects 131

8.3.5. Potential mitigation measures 132

8.4. The importance of strategic planning 133

REFERENCES 136

ANNEX 1 — NATIONAL AND INTERNATIONAL INITIATIVES 150

ANNEX 2 — A SYSTEMATIC PRIORITISED LIST OF IMPACTS OF BIRD/POWER LINE INTERACTIONS (BIRDLIFE, 2013) 157

ANNEX 3 — A SUMMARY OF EVIDENCE ON THE POPULATION-LEVEL IMPACT OF POWER LINES ON GLOBALLY THREATENED (IUCN, 2012) BIRD SPECIES 159

ANNEX 4 — EXAMPLES OF IMPACTS OF POWER LINES ON META-POPULATIONS OF SPECIES LISTED IN ANNEX I OF BIRDS DIRECTIVE 161

ANNEX 5 — PROPOSED LIST OF PRIORITY SPECIES FOR PREVENTION AND MITIGATION OF POWER LINE IMPACT WITHIN THE EU 163

ANNEX 6 — COMPARISON OF PROCEDURES UNDER APPROPRIATE ASSESSMENT (AA), EIA AND SEA 168

ABOUT THIS DOCUMENT

Purpose

In November 2010, the European Commission published the communication ‘Energy infrastructure priorities for 2020 and beyond - A Blueprint for an integrated European energy network’. It calls for a significant increase in energy transmission infrastructures in order to ensure a safe, sustainable and affordable energy supply across Europe, whilst, at the same time, reducing CO2 emissions.

The new TEN-E Regulation (EU) No 347/2013 establishes an EU-wide framework for the planning and implementation of energy infrastructure in the EU. It establishes nine strategic infrastructure priority corridors in the domains of electricity, gas and oil, and three Union-wide priority thematic areas for electricity highways, smart grids and carbon dioxide transportation networks. It also introduces a transparent and inclusive process to identify and select concrete Projects of Common Interest (PCIs), which are needed to implement the priority corridors.

Like all development activities within the EU, energy transmission infrastructures must be fully compliant with the EU's environmental policy, including the Habitats and Birds Directives (the EU Nature directives). This document provides guidance on how best to achieve this in practice. It pays particular attention to the correct application of the permitting procedure under Article 6 of the Habitats Directive which requires that all plans and projects likely to have a significant negative effect on a Natura 2000 site undergo an appropriate assessment (AA) before authorisation. It also addresses the requirements for protection of species in the wider landscape.

Natura 2000 sites are not designed to be ‘no go zones’ and new developments are not excluded. Instead developments must be undertaken in a way that safeguards the rare and endangered species and habitat types for which the site has been designated. Often this can be achieved through careful planning, good and inclusive dialogue and, where appropriate, the use of suitable mitigation measures to remove or pre-empt any potential negative impacts of individual projects as well as cumulative impacts on the site's conservation objectives at the outset.

This document is designed principally for project developers, transmission system operators (TSOs) and authorities responsible for the permitting of energy transmission plans and projects, but it should also be of interest to impact assessment consultants, Natura 2000 site managers, NGOs and any other practitioners who are concerned by or involved in the planning, design, implementation or approval of energy infrastructure plans and projects. It is intended to give them an overview of the implications of energy infrastructure proposals on Natura 2000 and EU protected species and habitats and approaches to mitigating any negative effects.

This document might also be useful for assessment procedures carried out under the Environmental Impact Assessment Directive and Strategic Environmental Assessment Directive for energy transmission facilities plans and projects for which it is determined that Appropriate Assessment of their impact on Natura 2000 is not necessary.

Scope

The document provides guidance and best practices on the installation, operation and decommissioning of electricity, gas and oil transmission and distribution facilities in relation to Natura 2000 sites and species protected under the EU Habitats and Birds Directives in the wider landscape. It focuses on energy transmission infrastructures only and not on energy production facilities such as oil platforms, hydroelectric dams, wind turbines, power stations, etc.

The types of energy transmission infrastructures covered include gas and oil pipelines, as well as high and medium voltage electricity transmission cables and distribution facilities with the focus on the latter on land. A separate chapter is included regarding energy transmission infrastructure in the marine environment.

Structure and contents

The document contains eight chapters:

— Chapters 1 and 2: provide an overview of the EU policy context as regards energy infrastructure and the need for a modern, interconnected energy grid across Europe in line with the TEN-E Regulation. It highlights the legal provisions of the Birds and Habitats Directives that energy transmission developers, operators and authorities should be aware of including giving special attention to the permitting procedure under Article 6 for any plans or projects likely to have a significant effect on Natura 2000 sites as well as to the requirements on EU protected species across the wider landscape.

— Chapter 3: provides a general overview of the different types of potential impacts that energy transmission infrastructures might have on habitat types and species protected under the two EU nature Directives. Being aware of these potential impacts will not only ensure that the Appropriate Assessment under Article 6 of the Habitats Directive is carried out correctly but should also help to identify suitable mitigation measures that can be used to avoid or reduce any significant negative effects from arising in the first place.

— Chapters 4 and 5: focuses on the potential effects of electric grid infrastructures in particular and on identifying appropriate mitigation measures during different stages of the plan or project cycle. Detailed technical recommendations are given for remedial and mitigation measures wherever possible based on good practice experiences and latest research across Europe.

— Chapter 6: outlines the benefits of taking a more strategic and integrated approach to planning energy transmission infrastructures in a way that avoids or minimises the potential for conflicts with requirements of the EU nature legislation later on in the planning process when the options are much more limited. It also provides an overview of how the various impact assessments required under EU environmental laws, including under the Habitats Directives, can be effectively streamlined for PCIs, in particular in light of the shortened timelines for PCI permitting procedures under the TEN-E Regulation.

— Chapter 7: describes the permitting procedure under Article 6 of the Habitats Directive. It aims to provide practical advice on how to apply this permitting procedure in the context of energy transmission infrastructures in particular.

— Chapter 8: analyses the implications of energy transmission infrastructures on the marine environment. It first provides an overview of current energy infrastructure in EU marine waters and predicted future developments. Then, it introduces the implications for marine Natura 2000 sites and protected species with reference to provisions in the Habitats Directive and Birds Directive, as well as relevant supporting measures and guidance from the EU and elsewhere. Thirdly, it reviews the potential impacts of transmission infrastructure (cables and pipelines) associated with oil, gas, wind, wave and tidal power, and Carbon Capture, transport and Storage (CCS) on marine species and habitats protected by the EU Habitats Directive and the EU Birds Directive. Examples of good practice are included as part of a discussion on ways to mitigate such effects. Fourthly, it examines the benefits of strategic planning for energy transmission infrastructure in the marine environment including the importance of setting this in the context of other EU legislation and policies such as the Marine Strategy Framework Directive and Marine Spatial Planning.

Throughout the document good practice examples are provided wherever possible to show how energy transmission facilities and EU nature legislation can be effectively reconciled in practice. They provide a useful source of ideas on the different types of techniques and approaches that can be used.

Nature of the document

This guidance document seeks to clarify the provisions of the Habitats and Birds Directives and place them in the context of energy transmission development and operation in particular. The document is not legislative in character but rather provides practical guidance and best practices on the application of existing rules. As such, it reflects only the views of the Commission services. It rests with the European Court of Justice to provide definitive interpretation of EU directives.

The document complements the Commission's existing general interpretative and methodological guidance documents on Article 6 of the Habitats Directive (1). It is recommended that these guides be read in conjunction with the present document.

Finally, the document fully recognises that the two Nature Directives are enshrined in the principle of subsidiarity and it is for Member States to determine how best to implement the procedural requirements arising from them. The good practice procedures and proposed methodologies described in this document are therefore not prescriptive in their intent; rather they aim to offer useful advice, ideas and suggestions based on feedback and input from competent authorities, energy business representatives, NGOs and other experts and stakeholders.

The Commission would like to thank all those who participated in the preparation of this guidance document for their valuable contributions and discussions.

1. A RENEWED ENERGY INFRASTRUCTURE FOR EUROPE

1.1. The need for a renewed energy infrastructure in Europe

EU countries have agreed on a new 2030 Framework for climate and energy, including EU-wide targets and policy objectives on greenhouse gas emissions, renewable energy, energy efficiency and electricity interconnections. These targets and policy objectives aim to help the EU achieve a more competitive, secure and sustainable energy system and to meet its long-term 2050 greenhouse gas reductions target.

Figure 1

2030 Framework for Energy and Climate – agreed headline targets

10 %Interconnection

-20 %GreenhouseGas

20%RenewableEnergy

15 %Interconnection

≥ 30%EnergyEfficiency

≥ 27 %RenewableEnergy

≥ - 40 % Greenhouse Gas Emissions

20 %EnergyEfficiency

The Commission has presented, as one of its key priorities, a Framework Strategy for a Resilient Energy Union with a Forward-Looking Climate Change Policy (2). Its goal is to help the EU deliver on its 2030 targets and objectives and give European consumers access to secure, sustainable, competitive and affordable energy and allow them to benefit from the ongoing fundamental transformation of Europe's energy system.

In order to meet the 2030 targets and objectives, it is essential that Europe's energy transmission and storage facilities are modernised (3). Out-dated and poorly interconnected infrastructures are a major constraint on Europe's economy. The development of wind electricity generation in the North and Baltic Sea regions, for instance, is hampered by insufficient grid connections both off- and onshore. The risk and cost of disruptions and wastage is also expected to increase unless the EU invests in smart, effective and competitive energy networks, and exploits its potential for energy efficiency improvements.

The new EU energy infrastructure policy will help coordinate and optimise network development on a continental scale and so enable the EU to reap the full benefits of an integrated European grid, which goes well beyond the value of its single components.

A European strategy for fully integrated energy infrastructures based on smart and low-carbon technologies will not only reduce the costs of making the low-carbon shift through economies of scale for individual Member States. It will also improve security of supply and help stabilise consumer prices by ensuring that electricity and gas goes to where it is needed. European networks will also facilitate competition in the EU's single energy market, build up solidarity among Member States and ensure that European citizens and businesses have access to affordable energy sources.

In order to help implement this important step change in energy transmission, the EU adopted a new TEN-E Regulation (EU) No 347/2013 (4) in 2013. This provides a comprehensive EU-wide framework for the planning and implementation of energy infrastructure.

It establishes nine strategic infrastructure priority corridors in the domains of electricity, gas and oil, and three Union-wide priority thematic areas for electricity highways, smart grids and carbon dioxide transportation networks to optimise network development at European level by 2020 and beyond.

Figure 2

Priority Corridors for Electricity gas and Oil

1.2. Infrastructure challenges

The challenge of interconnecting and adapting Europe's energy infrastructure to new needs concerns all sectors and all types of energy transmission facilities.

1.2.1. Electricity grids and storage

Electricity grids will need to be upgraded and modernised to meet increasing demand due to a major shift in the overall energy value chain and mix and also because of the multiplication of applications and technologies relying on electricity as an energy source. The grids must also be extended and upgraded to foster market integration and maintain the existing levels of system security, but especially to transport and balance electricity generated from renewable sources, which is expected to more than double in the period 2007-2020.

A significant share of generation capacities will be concentrated in locations further away from the major centres of consumption or storage. Significant shares will come from offshore installations, ground-mounted solar and wind farms in Southern Europe or biomass installations in Central and Eastern Europe. Decentralised generation is also expected to gain ground.

Beyond these short-term requirements, electricity grids need to evolve more fundamentally to enable the shift to a decarbonised electricity system in the 2050 horizon, supported by new high-voltage long distance and new electricity storage technologies which can accommodate ever-increasing shares of renewable energy, from the EU and beyond.

At the same time the grids also need to become smarter. Reaching the EU's 2020 energy efficiency and renewable targets will not be possible without more innovation and intelligence in the networks at both transmission and distribution level, in particular through information and communication technologies. These will be essential in the take-up of demand side management and other smart grid services.

1.2.2. Natural gas grids and storage

Natural gas is expected to continue to play a key role in the EU's energy mix in the coming decades and will gain importance as the back-up fuel for variable electricity generation. However, gas networks face additional flexibility requirements in the system, the need for bi-directional pipelines, enhanced storage capacities and flexible supply, including liquefied (LNG) and compressed natural gas (CNG).

1.2.3. Oil and olefin transport and refining infrastructure

If climate, transport and energy efficiency policies remain as they stand today, oil would be expected to still represent 30 % of primary energy, and a significant part of transport fuels are likely to remain oil based in 2030. Security of supply depends on the integrity and flexibility of the entire supply chain, from the crude oil supplied to refineries to the final product distributed to consumers. At the same time, the future shape of crude oil and petroleum product transport infrastructure will also be determined by developments in the European refining sector, which is currently facing a number of challenges.

1.2.4. CO2 capture, transport and storage (CCS)

CCS technologies can reduce CO2 emissions on a large scale but are still at an early stage of development. CCS commercial roll-out in electricity generation and industrial applications is expected to start after 2020. Due to the fact that potential CO2 storage sites are not evenly distributed across Europe and that some Member States have only limited potential storage within their national boundaries, construction of European pipeline infrastructure spanning across State borders and in the maritime environment could become necessary.

1.3. Types of transmission and distribution facilities in use

The way in which different forms of energy are transported, distributed and stored varies of course in function of the type of energy in question and whether it is occurring on land or in the marine environment. For example, the transmission of electricity is generally realised by powerlines or cables, whilst the transmission of gas and oil is done by pipelines.

This document focuses in particular on the following facilities (5):

— Terrestrial gas and oil transmission facilities: buried pipelines, above-ground pipelines including those crossing watercourses as well any associated components (initial injection stations, pump (oil) and compressor (gas) stations, partial delivery station, block valve stations, regulator stations and final delivery stations);

— Terrestrial electricity transmission facilities: buried/ underground powerlines, overhead powerlines, and associated components (towers, substations and converter stations).

1.3.1. Gas and oil transmission and distribution facilities

Pipelines are generally used to transport large quantities of crude oil, processed oil products or natural gas over land. Oil pipelines are made from steel or plastic tubes with an inner diameter typically from 100 to 1 200 mm. Most pipelines are buried at a depth of about 1 to 2 m. The oil is kept in motion by pump stations. Natural gas pipelines are constructed of carbon steel and vary from 51 to 1 500 mm in diameter. The gas is pressurised by compressor stations.

The pipeline is routed along what is known as a right-of-way (ROW). The steps for building a pipeline include the route selection that must then be surveyed to ensure any physical obstacles are anticipated, and cleared. Where needed, trenching is implemented, especially for main route and crossings. The pipe is later installed with its associated components (valves, intersections, etc.). Where relevant, the pipe and trench are then covered.

1.3.2. Electricity transmission and distribution facilities

As electricity still cannot be stored in large quantities, it has to be generated in real-time. This means that its constant transport to users should be as effective as possible. In terrestrial environments, electricity transmission is the transfer of electricity from generating power plants to high-voltage electrical substations located near demand centres. Large amounts of electricity are transmitted at high voltages (110 - 750 kV in Europe, ENTSO, 2012) to reduce the energy lost in long-distance to a substation.

Transmission lines mostly use high-voltage three-phase alternating current (AC), that deliver large amounts of power over long distances (APLIC, 2006). High-voltage direct-current (HVDC) technology provides greater efficiency in very long distances (typically greater than 600 km). Electrical power may be transmitted through overhead lines or underground cables. In all cases, the voltages are high because, with present technologies, large amounts of power can only be transmitted efficiently with high voltages.

Electric power distribution carries electricity at a medium voltage from the transmission system to the final customers (often less than 33 kV). The distinction between high voltage power lines and medium voltage distribution lines is an important one from a nature conservation point of view as the risk of electrocution only exists for medium voltage distribution power lines whereas the risk of collision however exists for both transmission and distribution lines (6) (see chapter 4).

Electricity is usually transmitted through overhead power lines suspended by towers or utility poles, but buried/ underground power lines are also sometimes used, especially in urban areas or sensitive locations. Overhead power lines have specific impacts on biodiversity, health and the landscape, which are different from underground power lines. On the other hand the initial investment costs of underground cables can often be significantly higher than overhead powerlines.

1.4. Projects of Common Interest (PCIs) (7)

The existing TEN-E Regulation, which entered into force on 15 May 2013, sets out the legal and policy framework to optimise network development at European level by 2020 and beyond. It identifies 12 strategic priority corridors and thematic areas for energy infrastructure with a trans-European/cross-border dimension. The Regulation sets out a process to establish on a biennial basis Union-wide lists of Projects of Common Interest (so-called PCIs) (8), which contribute to the development of energy infrastructure networks in each of the 12 priority corridors and thematic areas.

For a project to be included in the Union list, it has to have significant benefits for at least two Member States; contribute to market integration and further competition; enhance security of supply, and reduce CO2 emissions. The process of identification is based on regional cooperation, involving Member States and different stakeholders, who provide their knowledge and expertise with regard to the technical feasibility and market conditions, both from a national and a European perspective.

The third Union list of 173 energy infrastructure PCIs (9) was adopted in November 2017. The list covers 106 electricity projects, including electricity transmission lines and electricity storages, 4 smart grids projects and 53 gas projects. For the first time, the PCI list also includes 4 carbon-dioxide network projects. The list of PCIs is updated every two years to integrate newly needed projects and remove completed ones.

These PCIs may now be eligible for financial support under the Connecting Europe Facility (CEF). A budget of €5.35 billion has been earmarked for trans-European energy infrastructure under this new Facility for the 2014-2020 period. In 2016, under the second and third call for proposals a total of €707 million in grants was allocated to 27 PCIs. Of these grants, 11 were for projects in the electricity sector and 15 for projects in the gas sector; 1 was for a smart grid project. 8 grants were for construction works and 19 for studies. €800 million in CEF grants were set aside for PCIs in 2017.

Because of their strategic EU importance, PCIs benefit from a streamlined planning and permit granting procedure. This includes, for instance, the appointment of a single competent national authority to act as a ‘one-stop-shop’ for all permits and a binding three-and-a-half-years' time limit for project authorisation. The aim is to speed up procedures and ensure swift permitting and operation of projects which are considered necessary to bring about energy security and to help meet the EU's climate and energy targets, whilst at the same time ensuring that the highest standards imposed by Union environmental legislation are met, as well as to increase transparency and to improve public participation. This should, in turn, enhance the attractiveness of PCIs for investors thanks to an enhanced regulatory framework.

Energy Projects of Common interest: interactive map The European Commission has developed A Transparency Platform (10) that enables the user to identify and explore each of the 173 PCIs adopted in 2017 through an on-line map viewer. Projects can be mapped according to type of energy (whether electricity, gas, oil or other), type of infrastructure, country and/or priority corridor. Technical summaries are also made available for each project shortly after adoption.

It should be noted however that the Union list contains PCIs in different stages of development. Some are still in the early phases of development, therefore studies are still needed to demonstrate that the project is feasible.

The inclusion of such projects in the Union list of PCIs is also without prejudice to the outcome of relevant environmental assessments and permitting procedures. If a project included in the Union list of PCIs turns out not to be in compliance with the EU acquis, it will be removed from the Union list.

To support Member States in defining adequate legislative and non-legislative measures to streamline the various environmental assessment procedures, and to ensure a coherent application of those required under Union law for PCIs, the Commission issued a Guidance document in July 2013 (11).

What does ‘Streamlining’ mean? Streamlining means: improving and better co-ordinating environmental assessment procedures, with a view to reducing unnecessary administrative burden, creating synergies and hence shortening the time needed to conclude the assessment process, whilst at the same time ensuring a high level of environmental protection through comprehensive environmental assessments in accordance with the EU environmental acquis. Source: Guidance Document ‘Streamlining environmental assessment procedures for energy infrastructure “Projects of Common Interest” (PCIs)’ July 2013

The Guidance document provides six main recommendations to streamline the procedures. These are based on, but also go beyond, the implementation experience and the good practices identified in the Member States so far (see chapter 4 for more details).

The recommendations focus in particular on:

— Early planning, ‘roadmapping’ and scoping of assessments

— Early and effective integration of environmental assessments and of other environmental requirements

— Procedural co-ordination and time limits

— Data collection, data sharing and quality control

— Cross-border co-operation, and

— Early and effective public participation.

Subsequent chapters in this guide focus in particular on the permitting procedure under the Habitats Directive in the context of energy transmission plans and projects. Other environmental permitting procedures are not covered in detail, but are mentioned when relevant.

The present document therefore complements the above-mentioned Streamlining Guide for PCIs but has a wider remit, covering all types of oil, gas and electricity transmission infrastructures, irrespective of whether they are PCIs or not.

2. EU NATURE LEGISLATION

2.1. Introduction

Some energy transmission infrastructure plans and projects may potentially affect one or more Natura 2000 sites included in the EU Natura 2000 network or may impact on certain rare and threatened species protected under EU legislation. The Habitats and Birds Directives lay down the provisions that need to be respected in such cases. An overview of these provisions is provided in this chapter. Subsequent chapters present specific elements of the permitting procedure under Article 6 of the Habitats Directive in particular as it relates to energy transmission plans or projects.

2.2. The Birds and Habitats Directives

Halting the loss of EU's biodiversity is recognised as an important element of the Europe 2020 Strategy, calling for a smart, inclusive and sustainable growth policy that takes account of the important socio-economic benefits that nature provides society.

In March 2010, the EU Heads of State and Government set themselves the ambitious target of halting, and reversing, the loss of biodiversity in Europe by 2020. In May 2011, the European Commission adopted a new EU Biodiversity Strategy 2020 (COM(2011) 244) (12) which sets out a policy framework for achieving this.

The Birds (13) and Habitats (14) Directives are the cornerstones of the EU's biodiversity policy. They enable all EU Member States to work together, within a common legislative framework, to conserve Europe's most endangered and valuable species and habitats across their entire natural range within the EU, irrespective of political or administrative boundaries.

The two directives do not cover every species of plant and animal in Europe (i.e. not all of Europe's biodiversity). Instead, they focus on a sub-set of around 2000 species which are in need of protection to prevent their decline or degradation. These are often referred to as species of Community interest or EU protected species. Some 230 rare or endangered habitat types are also protected in their own right under the Habitats Directive.

The overall objective of the two directives is to ensure that the species and habitat types they protect are maintained and restored to a favourable conservation status (15) throughout their natural range within the EU. This target is defined in positive terms, oriented towards a favourable situation, which needs to be reached and maintained. It is therefore more than just avoiding deterioration.

To achieve this objective, the EU Nature directives require Member States to:

— Designate and conserve core sites for the protection of species and habitat types listed in Annex I and II of the Habitats Directive and Annex I of the Birds Directive, as well as for migratory birds. These sites form part of the EU-wide Natura 2000 Network;

— Establish a species protection regime for all wild European bird species and other endangered species listed in Annex IV and V of the Habitats Directive. This protection regime applies across the species' entire natural range in the EU, that is across the broader landscape (ie both inside and outside Natura 2000 sites).

2.3. The management and protection of Natura 2000 sites

To date, over 27,000 sites have been designated as Natura 2000 sites. Together they cover around 18 % of the European land area as well as significant marine areas.

THE NATURA 2000 VIEWER: a useful tool for developers The Natura 2000 viewer is an on-line Geographic Information System ( GIS) mapping system that enables developers to locate and explore each Natura 2000 site in the EU Network. The sites can be examined at a very fine scale (1:500) which shows the boundaries of the site and its main landscape features at a very high resolution. For each site, a Standard Data Form (SDF) is available which lists the species and habitat types for which it was designated, as well as their estimated population size and conservation status on the site, and the importance of that site for the species or habitat types in question within the EU. http://natura2000.eea.europa.eu/

The protection and conservation of Natura 2000 sites is governed by the provisions of Article 6 of the Habitats Directive. It is divided into two types of measures – the first (governed by Article 6.1 and 6.2) (16) concerns the conservation management of all Natura 2000 sites at all times, whilst the second (governed by Article 6.3 and 6.4) lays down a permitting procedure for plans or projects likely to have a significant negative effect on a Natura 2000 site.

It is clear from this Article that Natura 2000 are not ‘no-go zones' for development’. New plans and projects are entirely possible provided certain procedural and substantive safeguards are respected. The permitting procedure is in place to ensure that such plans and projects are implemented in a way that is compatible with the conservation objectives of the Natura 2000 site.

2.3.1. Taking positive conservation measures and ensuring non-deterioration

Article 6 of the Habitats Directive: 6.1. For special areas of conservation, Member States shall establish the necessary conservation measures involving, if need be, appropriate management plans specifically designed for the sites or integrated into other development plans, and appropriate statutory, administrative or contractual measures which correspond to the ecological requirements of the natural habitat types in Annex I and the species in Annex II present on the sites. 6.2. Member States shall take appropriate steps to avoid, in the special areas of conservation, the deterioration of natural habitats and the habitats of species as well as disturbance of the species for which the areas have been designated, in so far as such disturbance could be significant in relation to the objectives of this Directive.

Articles 6.1 and 6.2 of the habiatts directive require Member States to:

— Take positive conservation measures that are necessary to maintain or restore habitat types and species for which the site has been designated (Article 6.1);

— Take measures to avoid any deterioration of habitat types or any significant disturbance of the species present (Article 6.2).

In respect of the former, Member States are required to set clear conservation objectives for each Natura 2000 site based on the conservation status and ecological requirements of the habitat types and species of EU interest present. At a minimum, the conservation objective should aim to maintain the conservation condition of species and habitats for which it was designated and not to allow this to deteriorate further.

However, as the overall objective of the Nature Directives is for the species and habitat types to reach a favourable conservation status across their natural range, more ambitious conservation objectives may be necessary to improve their conservation condition in individual sites. Being aware of the conservation objectives for a Natura 2000 site is particularly important for energy transmission developers, planners and authorities since the potential negative effects of the plan or project will need to be assessed against these conservation objectives (17).

Although not obligatory, the Habitats Directive encourages nature authorities to elaborate Natura 2000 management plans in close cooperation with local stakeholders (18). These plans can be a very useful source of information as they usually provide detailed information on the species and habitat types for which the site has been designated, explain the site's conservation objectives and, where appropriate, the relationship with other land-uses in the area. They also outline the practical conservation measures that needed to achieve the site's conservation objectives.

2.3.2. The permit procedure for plans and projects affecting Natura 2000 sites

Article 6 of the Habitats Directive: 6.3. Any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subject to appropriate assessment of its implications for the site in view of the site's conservation objectives. In the light of the conclusions of the assessment of the implications for the site and subject to the provisions of paragraph 4, the competent national authorities shall agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the site concerned and, if appro- priate, after having obtained the opinion of the general public. 6.4. If, in spite of a negative assessment of the implications for the site and in the absence of alternative solutions, a plan or project must nevertheless 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. It shall inform the Commission of the compensatory measures adopted. Where the site concerned hosts a priority natural habitat type and/or a priority species, the only considerations which may be raised are those 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.

Articles 6.3 and 6.4 of the Habitats Directive lay down the permit procedure that must be followed when a plan and project is proposed that could affect one or more Natura 2000 site (19). This permit procedure is applicable not just to plans or projects inside a Natura 2000 site but also those that are outside but could have a significant effect on the conservation of species and habitats within the site.

Article 6.3 of the Habitats Directive requires that any plan or project likely to have significant negative effect on a Natura 2000 site undergoes an appropriate assessment (AA) to study these effects in detail, in view of that particular site's conservation objectives. The competent authority can only agree to the plan or project if, based on the findings of the Appropriate Assessment, it has ascertained that it will not have an adverse affect the integrity of the site concerned. It is important to note that the onus is on demonstrating the absence (rather than the presence) of negative impacts.

Depending on the type and severity of the impacts identified, it may sometimes be possible to adjust the plan or project and/or introduce certain mitigation measures to avoid or pre-empt, remove or reduce them to a non-significant level so that the plan or project may be approved.

If this is not the case, then the plan or project must be rejected and alternative less damaging solutions explored instead. In exceptional circumstances, a derogation procedure under Article 6.4 may be invoked to approve a plan or project having an adverse effect on the integrity of one or more Natura 2000 sites, if it can be demonstrated that there is an absence of alternatives and the plan or project is considered to be necessary for imperative reasons of overriding public interest. In such cases, adequate compensation measures will need to be put in place to ensure that the overall coherence of the Natura 2000 network is protected.

Finally, it is important to note that the permit procedure under the Habitats Directive is not the same as that foreseen under the Environmental Impact Assesssment Directive (EIA) and Strategic Environmental Assessment Directive (SEA), even if they may be integrated (see chapter 7 for details). Unlike the EIA/SEA assessments, the result of which needs to be taken into consideration when deciding to approve the plan or project, the conclusions of the Appropriate Assessment are definitive and will determine whether the plan or project can be authorised.

2.4. Species protection provisions

The second set of provisions of the two EU Nature Directives concerns the protection of certain species across their entire range across the EU, i.e. both within and outside Natura 2000 sites.

Some protected species are potentially vulnerable to certain types of energy infrastructure projects, such as overhead electricity cables. Therefore, these provisions also must be taken into account when considering such plans and projects in potentially sensitive areas outside Natura 2000 sites in the framework of the EIA/SEA procedures

The species protection provisions cover all naturally occurring wild bird species in the EU as well as other species listed in Annex IV and V of the Habitats Directive.

In essence they require Member States to prohibit:

— their deliberate disturbance during breeding, rearing, hibernation and migration;

— the deterioration or destruction of breeding sites or resting places;

— the deliberate destruction of nests or eggs, or the uprooting or destruction of protected plants.

The exact terms are laid down in Article 5 of the Birds Directive and Article 12 (for animals) and Article 13 (for plants) of the Habitats Directive (20).

Article 5 of the Birds Directive: Without prejudice to Articles 7 and 9, Member States shall take the requisite measures to establish a general system of protection for all species of birds referred to in Article 1, prohibiting in particular: (a) deliberate killing or capture by any method; (b) deliberate destruction of, or damage to, their nests and eggs or removal of their nests; (c) taking their eggs in the wild and keeping these eggs even if empty; (d) deliberate disturbance of these birds particularly during the period of breeding and rearing, in so far as disturbance would be significant having regard to the objectives of this Directive; (e) keeping birds of species the hunting and capture of which is prohibited; Article 12 of the Habitats Directive: 1. Member States shall take the requisite measures to establish a system of strict protection for the animal species listed in Annex IV (a) in their natural range, prohibiting: (a) all forms of deliberate capture or killing of specimens of these species in the wild; (b) deliberate disturbance of these species, particularly during the period of breeding, rearing, hibernation and migration; (c) deliberate destruction or taking of eggs from the wild; (d) deterioration or destruction of breeding sites or resting places. 2. For these species, Member States shall prohibit the keeping, transport and sale or exchange, and offering for sale or exchange, of specimens taken from the wild, except for those taken legally before this Directive is implemented 3. The prohibition referred to in paragraph 1 (a) and (b) and paragraph 2 shall apply to all stages of life of the animals to which this Article applies Article 13 of the Habitats Directive 1. Member States shall take the requisite measures to establish a system of strict protection for the plant species listed in Annex IV (b), prohibiting: (a) the deliberate picking, collecting, cutting, uprooting or destruction of such plants in their natural range in the wild; (b) the keeping, transport and sale or exchange and offering for sale or exchange of specimens of such species taken in the wild, except for those taken legally before this Directive is implemented. 2. The prohibitions referred to in paragraph 1 (a) and (b) shall apply to all stages of the biological cycle of the plants to which this Article applies.

Derogations to these provisions are allowed in some circumstances (e.g. to prevent serious damage to crops, livestock, forests, fisheries and water) provided that there is no other satisfactory solution and the consequences of these derogations are not incompatible with the overall aims of the Directives.

The conditions for applying derogations are set out in Article 9 of the Birds Directive and Article 16 of the Habitats Directive. With reference to energy transmission infrastructures, it is primarily reasons related to ‘the interests of public health and public safety’, or ‘other imperative reasons of public interest’ (ref. Article 16(1c)) that might apply.

3. POTENTIAL IMPACTS OF ENERGY TRANSMISSION FACILITIES ON NATURA 2000 AND EU PROTECTED SPECIES

3.1. Introduction

Energy infrastructure projects do not usually pose a major threat to biodiversity. There are many cases where well-designed and appropriately sited developments have no or only limited impacts. There are also examples of where projects have delivered net overall benefits for nature, especially in areas where the natural environment is already seriously impoverished. But this does not remove the obligation to examine, under the various legal environment assessment procedures in force such as EIA/SEAs and Appropriate Assessments (see chapter 7 for details), the potential effects that individual plans or projects can have on the natural environment.

This chapter reviews the type of possible impacts that energy infrastructures could have on the habitats and species protected under the Birds and Habitats Directives. It aim to provide developers, energy transmission operators and relevant authorities with an overview of the types of potential impacts to watch out for when preparing an energy transmission infrastructure plans or projects; and when carrying out an Appropriate Assessment under the permitting procedure foreseen in Article 6 of the Habitats Directive or assessment pursuant the EIA/SEA Directives.

3.2. The need for a case-by-case approach

It must be stressed that the potential effects are very much dependent on the design and location of the specific energy infrastructure in question and on the sensitivity of the EU protected habitats and species present. That is why it is essential to examine each plan or project on a case-by-case basis.

The design of each energy transmission facility project, including PCIs, will depend, of course, on a wide range of factors, including the type and volume of energy being transmitted, the receiving environment (e.g. whether on land or at sea), the distances required for transmission, and the capacity needed for reception or storage. Projects may concern not only the construction, but also for the renovation and/or decommissioning of any one or more of the facilities or infrastructures needed to transmit, receive or store energy on land.

When assessing the potential impacts on nature and wildlife it is important to consider not just the main infrastructure itself, but also all associated installations and facilities such as temporary access roads, contractors facilities and equipment storage, construction compounds, concrete foundations, temporary cabling, spoils and areas for soil surplus etc. The impacts may be temporary or permanent, on-site or off-site, cumulative and may come into play at different times during the project cycle (e.g. during construction, renovation, maintenance and/or decommissioning phases). All these factors must be taken into consideration.

The EU Nature Directives' species protection provisions must to be taken into account where there is a risk that the energy infrastructure plan or project may cause the death or injury, or deliberate disturbance during breeding, rearing, hibernation and migration, or the deterioration or destruction of breeding sites or resting places of species protected under the two Directives (e.g. such as eagles and marine mammals). This strict protection regime applies across the wider countryside, i.e. both inside and outside Natura 2000 sites.

Mitigation measures The negative impacts mentioned in this chapter can sometimes be effectively mitigated against. Mitigation involves introducing measures into the plan or project to eliminate these potential negative effects or reduce them to a level where they are no longer significant. This means that they must be directly linked to the likely impacts and based on a sound understanding of the species/ habitats concerned. Mitigation measures can involve a change in location of the project, but they can also involve modifications to the size, design and configuration of various aspects of the energy infrastructure. Or they can take the form of temporal adjustments during the construction and operational phases. Further details, with examples of possible mitigation measures, are given in the next chapter.

3.3. An overview of potential impacts on EU protected species and habitats

The type and scale of impact is very much dependent on the EU protected species or habitat types present in the site, their ecology, distribution and state of conservation. Hence the need to examine each plan or project individually on a case by case basis. The following is an overview of the most frequent types of impacts that can occur:

3.3.1. Habitat loss, degradation or fragmentation

Energy transmission infrastructure projects may require the clearance of land and the removal of surface vegetation (often referred to as direct land-take). Through this process existing habitats may be altered, damaged, fragmented or destroyed. The scale of habitat loss and degradation depends on the size, location and design of the project and the sensitivity of the habitats affected.

It is important to note that, whilst the actual land take may seem limited, the indirect effects could be much more widespread, especially where developments interfere with hydrological regimes or geomorphological processes, and water or soil quality. Such indirect effects can cause severe habitat deterioration, fragmentation and loss, sometimes even at quite a distance from the actual project site.

The significance of loss also depends on the rarity and sensitivity of the habitats affected and/or of their importance as a feeding, breeding or hibernating place for species. Also, the potential role of some habitats as components of corridors or stepping stones important for dispersal and migration, as well as for more local movements between e.g. feeding and nesting sites, needs to be considered when assessing the significance of any habitat loss or degradation.

3.3.2. Disturbance and displacement

Disturbance of species in their habitual breeding, feeding or resting sites, as well as along migration routes, can lead to displacement and exclusion, and hence loss of habitat use. The species may be displaced from areas within and around the project site due for instance to increased traffic, presence of people as well as noise, dust, pollution, artificial lighting or vibration caused during or after the construction works.

The scale and degree of disturbance, and the sensitivity of the species affected, determines the significance of the impact, as does the availability and quality of other suitable habitats nearby that can accommodate the displaced animals. In the case of rare and endangered species even small or temporary disturbances can have serious repercussions for their long term survival in the region.

3.3.3. Collision and electrocution risk

Birds, and possibly bats, may collide with various parts of electricity overhead powerlines and other above-ground electrical facilities. The level of collision risk depends very much on site location and on the species present, as well as on weather and visibility factors and the specific design of the powerlines themselves (especially in the case of electrocution). Species that are long-lived, have low reproductive rates and/or that are rare or are already in a vulnerable conservation state (such as eagles, vultures and storks) may be particularly at risk.

The risk of collision and electrocution of birds is examined further in the chapters 4 and 5. As for bats, there is unfortunately a general lack of studies on the potential risks and impacts of collision with overhead power lines, due to the difficulties in monitoring the death of small animals along such long linear infrastructures.

3.3.4. Barrier effects

In the case of electricity, large transmission, receiving and storage infrastructures may force species to bypass the area altogether, both during migrations and, more locally, during regular foraging activities. Whether or not this is a problem depends on a range of factors such as the size of the sub-station, the spacing and routing of electricity cables, the extent of displacement of species and their ability to compensate for increased energy expenditure as well as the degree of disruption caused to linkages between feeding, roosting and breeding sites.

New emerging evidences that animals could be scared away from power cables because these give off UV flashes invisible to humans were reported by several scientific teams. A study (21) inspired by observations that reindeers avoid power lines running across the Arctic tundra was carried out by international team of researchers. Although the knowledge is still very limited in some particular cases this type of avoidance and fragmentation is relevant when establishing the significance of the impact.

3.4. Distinguishing between significant and insignificant effects

Identifying the species and habitats that are likely to be affected by an energy transmission infrastructure plan or project is the first step of any impact assessment, be it undertaken under Article 6 of the Habitats Directive, if the project affects a Natura 2000 site, or under the EIA or SEA Directive if it affects protected species outside the Natura 2000 network. After that, it is necessary to determine whether the impact is significant or not. The legal procedure for determining ‘significance’ for plans or projects specifically affecting Natura 2000 sites are described in chapter 7. Here, some of the general principles involved in determining the level of ‘significance’ in the case of wildlife (irrespective of whether it is in a Natura 2000 site or not) are briefly explained to help with the overall understanding of this concept.

The assessment of significance needs to be done on a case-by-case basis and in light of the species and habitats potentially affected. The loss of a few individuals may be insignificant for some species but may have serious consequences for others. Population size, distribution, range, reproductive strategy and life-span will all influence the significance of the effects. This is likely to vary from one site to another.

The interconnectivity of effects is also to be taken into account, for instance land take on its own may not be significant for a particular species, but when combined with major disturbance or displacement risks, it may reduce the fitness, and ultimately the survival rate, of that species to a significant level.

The assessment of significance needs also to be considered over an appropriate geographical scale. For migratory species that travel over long distances, the impact at a specific site may have consequences for the species over a much larger geographical area. Likewise, for resident species with large territories or changing habitat uses, it may still be necessary to consider potential impacts on a regional, rather than a local scale.

Finally, the considerations above should be based on the best available data. This may require dedicated field surveys or monitoring programmes some time in advance of the project.

3.5. Cumulative effects

Assessments of cumulative effects should also be taken into consideration when determining the impacts on Natura 2000 sites, as required by art 6.3 of the habitats directive. The cumulative effects of plans and projects can often be very important and need to be assessed carefully. They may arise when several energy infrastructures are present within an area or along a flyway corridor, or when an energy infrastructure project takes place in the same area as another type of plan or project (e.g. other industrial developments). The cumulative effect is the combined effect of all these activities taken together. It may be that one energy infrastructure project, on its own, will not have a significant effect, but if its effects are added to those of other plans or projects in the area their combined impacts could become significant.

For instance, an oil pipeline project that traverses part of a wetland may give rise to a small but acceptable level of temporary habitat degradation, which lies well within the capacity of that habitat to accommodate. But, if the wetland is also subjected to a land drainage scheme and/or a road construction project, the hydrological effects of all these projects, taken together, could lead to its permanent loss, fragmentation or desiccation. In this case, whereas the impact of the first and second projects, each on their own, is not discernible, the impact of both taken together could be significant. This influences the planning decision for both project proposals.

Cumulative impacts need to be taken into considerations also under the EIA/SEA procedures.

Because energy infrastructure developments are proceeding at a fast pace across the EU, it is therefore important that cumulative effects are assessed already in the early stages of an environmental assessment rather than merely as an ‘afterthought’ at the end of the process and thus delaying the decisions on the compatibility of the project proposals with the provisions of the EU legislation.

4. POTENTIAL IMPACTS OF ELECTRIC GRID INFRASTRUCTURES ON WILD BIRDS

4.1. Introduction

The previous chapter provided a general overview of the types of potential effects to look out for when developing energy infrastructure projects, particularly in and around Natura 2000 sites and in the vicinity of other sensitive areas used by species that are protected under the two EU nature Directives.

This chapter concentrates on analysing the potential effects of electricity infrastructure on wild European birds in particular. This is a subject that has received a lot of attention in recent years and one where the effects may be more frequent and more significant than for other types of terrestrial energy infrastructures.

4.2. Electric grid infrastructures

Unlike other commodities, electricity cannot be stored, so it needs to be produced and transported to the users in real-time. The electrical transmission system is consequently more complex and dynamic than other utility systems, such as water or natural gas. Once electricity has been generated at a power facility, high-voltage (110 - 750 kV in Europe, ENTSO, 2012) transmission lines carry large amounts of electricity across long distances to substations. From substations medium-voltage (1 – 60 kV) and low-voltage (1 kV >) distribution power lines carry electricity to residential and business consumers.

Figure 3

(USDA, 2009)

The electricity system is highly meshed. The transmission grid includes not only transmission lines that run from power plants to load centres, but also from transmission line to transmission line, providing a system that helps ensure the smooth flow of power. If a transmission line is taken out of service in one part of the power grid, the power is normally rerouted to other power lines so that it can continue to be delivered to the customer (PSCW, 2009).

Electrical power may be transmitted through overhead lines or underground cables, using alternating or direct current. In all cases, the voltages are high because they provide greater efficiency over long distances (typically greater than 600 km). Overhead lines with alternating currents (AC lines) are the traditional way to transmit electrical energy (EASAC, 2009).

The advantages of overhead lines over underground cables are that, so far, the costs of building overhead lines have been significantly less than installing underground cables, and their capacity has been higher. The expected lifetime of overhead lines is high and can be up to 70 or 80 years. The main drawbacks of overhead lines are their use of land, their visual and different environmental impacts (EASAC, 2009) (22).

Transmission line structures support at least one three-phase circuit. They have three energized conductors (more if bundled), and may have one or two grounded conductors (usually referred to as static wires) installed above the phase conductors for lightning protection. Distribution line structures may support a variety of conductor configurations (APLIC, 2006).

Most AC commercial overhead power lines utilize some form of support structure from which insulators and electrical conductors are attached. Support structures may consist of wood poles, hollow or lattice steel structures, steel-reinforced concrete poles, or composite poles made from fiberglass or other materials. Insulators are made of porcelain or polymer materials that do not normally conduct electricity. Electrical conductors are usually manufactured from copper or aluminium (Bayle, 1999, Janss, 2000, APLIC, 2006).

Three-phase systems are used for both distribution and transmission lines. One of the primary benefits of three-phase systems is the ability to deliver large amounts of power over long distances (APLIC, 2006).

4.3. Potential negative impacts of electricity infrastructure on wild birds

The following provides an overview of the main types of impacts on wild bird species. Some protected European species are clearly more vulnerable to certain types of impacts – especially from electrocution and collision – due to their size, morphology, behaviour and distribution.

The table in Annex 2 presents a systematic prioritised list of impacts of bird populations/power line interactions (Birdlife, 2013). This table does not imply that these impacts will occur as described in all circumstances. Much will depend on the particular species and particular circumstances surrounding each individual case and on the availability of corrective measures for their mitigation.

Why are some bird species more vulnerable to power lines than others? This is often due to the following physiological, behavioural and ecological features: — Large body size; — Poor frontal vision; — Preference for nocturnal activity; — ‘Poor fliers’, less manoeuvrable birds (collision); — Inexperienced flyers, young birds (electrocution and collision); — Preference for elevated places for roosting, perching or nesting; — Preference for treeless, open habitats (electrocution); — Flocking and gregarious behaviour; — Species susceptible to disturbance; — Preference for low altitude habitats (i.e. in relation to higher density of electric grid); — Rare and threatened species (coupling with low density, low-fecundity etc., see below); — Low density species (with lower replacement potential); — Species with low reproductive potential (through the increase in adult mortality it takes more time to recover from population losses); — Species with low-fecundity, low mortality, long life expectancy (through decrease in recruitment potential during constant population loss) — Long-distant intercontinental migrants (large spatial scale and very different level of mitigation of power line impacts).

4.3.1. Electrocution

Electrocution can have a major impact on several bird species, and causing the death of thousands of birds annually (23). Electrocution may take place when a bird touches the two phase conductors or one conductor and an earthed device simultaneously, especially when the feathers are wet (Bevanger, 1998). Species that are particularly frequently affected by electrocution include Ciconiiformes; Falconiformes, Strigiformes and Passeriformes (Bevanger, 1998) – see table below.

There is a strong consensus that the risk posed to birds depends on the technical construction and detailed design of power facilities. In particular, electrocution risk is high with ‘badly engineered’ medium voltage power poles (‘killer poles’) (BirdLife International, 2007).

Factors influencing the likelihood of bird electrocution include the following:

— Bird morphology: Large birds are more vulnerable because the likelihood of spanning electrical components with out - stretched wings or other body parts is higher than for small birds (Olendorff et al., 1981; APLIC, 2006).

— Bird behaviour: Birds that use power poles to perch, roost and nest on are more vulnerable (Bevanger, 1998). Ground-nesting species (harriers and some owls) appear to infrequently get electrocuted because they typically hunt while in flight and perch on or near the ground (Benson, 1981).

— Pole type and configuration: — Most casualties occur at power poles of medium voltage distribution lines (1kV to 60 kV), which is due to the close spacing of the different parts (Haas & Nipkow, 2006). — Poles with a special function (strain poles, transposition poles, junction poles or transformer units) take much more victims than simple tangent structures (Demeter et al., 2004). — López-López and his colleagues (2011) demonstrated that bird casualties could have been dramatically reduced by retrofitting dangerous, poorly-designed poles.

— Environmental factors: — Prey abundance: the number of electrocuted raptors increases as the number of prey animals increases (Benson, 1981; Guil et al., 2011). — Vegetation structure and coverage: vegetation structure may affect prey availability and the predator foraging performance (Guil et al., 2011). — Habitat: birds more often use and get electrocuted on power poles in areas where places to perch are rare, e.g. grasslands, wetlands (Haas et al., 2005; Lehman et al., 2007). — Topography: In the case of electrocution, topography affects where birds will perch and roost, and vegetation height affects the availability of natural perches in the area. The mortality rates for eagles increased with slope, possibly due to the habit of hunting from perches. Studies have demonstrated that pylons located in dominant sites, surrounded by high slopes tend to produce higher electrocution rates. (Guil et al., 2011)

— Sex: Within the same species females bigger in size are more threatened by electrocution (Ferrer & Hiraldo, 1992).

— Age: Juvenile and immature birds are more prone to electrocution than adults. This is likely to be due to that lack of experience in landing and taking off (Benson, 1981; Harness, 1997; Bevanger, 1998; Harness & Wilson, 2001; Janss & Ferrer, 2001; González et al., 2007).

— Spatial: In certain key areas for birds electrocution rate is higher than in low density areas (e.g. high density breding areas, dispersal zones, congregation sites, bottleneck areas) (González et al., 2006; Cadahia et al., 2010).

— Seasonal: Most casualties are reported from late summer, from the period of fledging or post-fledging. Large eagles are more threatened in autumn and winter maybe because of the feather wetting during inclement weather (rain, snow), which is extremely important to electrocution risk. (Benson, 1981; Bevanger, 1998; Lasch et al., 2010; Manville, 2005; Lehman et al., 2007)

— Direction of the prevailing wind relative to the crossarm also may contribute to raptor electrocutions. It is suspected that poles with crossarms perpendicular to the prevailing winds produced fewer eagle mortalities than those with crossarms diagonal or parallel to the wind, because of difficulties associated with crosswind take-offs and landings. (Nelson and Nelson (1976))

The following table provides an overview of European bird families that have been identified as vulnerable to electrocution and/ or collision (Birdlife, 2013).

Table 1

Severity of impacts on bird populations of mortality due to electrocution and collision with power lines for different bird families in Eurasia

Bird families in Eurasia identified as vulnerable to electrocution and collision internationally Casualties due to electrocution Casualties due to collision Loons (Gaviidae) and Grebes (Podicipedidae) 0 II Shearwaters, Petrels (Procellariidae) 0 II Boobies, Gannets (Sulidae) 0 I Pelicans (Pelicanidae) I II-III Cormorants (Phalacrocoracidae) I I Herons, Bitterns (Ardeidae) I II Storks (Ciconidae) III II Ibisses (Threskiornithidae) I II Flamingos (Phoenicopteridae) 0 II Ducks, Geese, Swans, Mergansers (Anatidae) 0 II Raptors (Accipitriformes and Falconiformes) II-III I-II Partridges, Quails, Grouse (Galliformes) 0 II-III Rails, Gallinules, Coots (Rallidae) 0 II Cranes (Gruidae) 0 III Bustards (Otidae) 0 III Shorebirds/Waders (Charadriidae + Scolopacidae) I II-III Skuas (Sterkorariidae) and Gulls (Laridae) I II Terns (Sternidae) 0-I I-II Auks (Alcidae) 0 I Sandgrouse (Pteroclididae) 0 II Pigeons, Doves (Columbidae) I-II II Cuckoos (Cuculidae) 0 I-II Owls (Strigiformes) II-III II Nightjars (Caprimulgidae) and Swifts (Apodidae) 0 I-II Hoopoes (Upudidae) and Kingfishers (Alcedinidae) I I-II Bee-eaters (Meropidae) 0-I I-II Rollers (Coraciidae) I-II I-II Woodpeckers (Picidae) I I-II Ravens, Crows, Jays (Corvidae) II I-II Medium-sized and small songbirds (Passeriformes) I I-II 0= no casualties reported or likely; I= casualties reported, but no apparent threat to the bird population; II= regionally or locally high casualties, but with no significant impact on the overall species population; III= casualties are a major mortality factor, threatening a species with extinction, regionally or at a larger scale.

4.3.2. Collision

Collisions with power lines cause the death of millions of birds worldwide and can cause high mortality in some species of birds (Bevanger 1994, 1998; Janss 2000; APLIC, 2006; Drewitt & Langston, 2008; Jenkins et al., 2010; Martin, 2011; Prinsen et al., 2011). Empirical data and theoretical considerations indicate that species with high wing loading and low aspect run a high risk of colliding with power lines. These birds are characterised by rapid flight, and the combination of heavy body and small wings restricts swift reactions to unexpected obstacles (Bevanger, 1998). When the number of reported collision victims is considered relative to the abundance and population size of the species concerned, some Galliformes, Gruiformes, Pelecaniformes and Ciconiiformes species seem to be affected in disproportionately high numbers (Bevanger, 1998) - see Table 1.

Factors influencing collision include the following:

— Bird morphology: Birds with a high body mass and relatively short wings and tails, described as ‘poor fliers’, are at greatest risk of collision (Bevanger, 1998; Janss, 2000).

— Bird physiology: Certain bird species are at least temporarily blind in the direction of travel (Martin, 2011).

— Bird behaviour: — Flocking behaviour, with species making daily flock movements across power lines to and from feeding, nesting, and roosting areas being particularly vulnerable (Janss, 2000). — Bird species that regularly fly low at night or in twilight are more susceptible to collision than species that mostly fly during the day.

— Other factors such as weather conditions, line configuration, routing of lines, habitat use, vegetation along lines, topography, disturbance, choice of migration routes and stopover sites should also be taken into considerations

Bird electrocution and collision cause economic losses Bird-caused outages reduce power reliability and increase power delivery costs. Some outages may impact only a few customers temporarily, yet they can still affect a utility's service reliability and customer guarantees. Larger outages can have dramatic consequences and may cause significant economic loss at utility companies and at consumers (APLIC, 2006). Costs associated with bird-related outages include those related to: — Lost revenue, — Power restoration, — Equipment repair, — Nest removal and other animal damage-control measures, — Administrative and managerial time, — Lost service to customers and negative public perception, and — Reduced electrical system reliability (APLIC, 2006).

4.3.3. Habitat loss and fragmentation

The open rights-of-way corridors along power lines can fragment forests and other natural habitats. Power lines can also result in habitat loss through causing accidental forest fire (Rich et al., 1994). Whilst the actual land take from electricity infrastructure may be relatively small, it can nevertheless be significant if that loss takes place in a core habitat for a particular species, or if there are cumulative effects resulting for other projects in the same area and must therefore be examined on a case by case basis.

4.3.4. Disturbance/Displacement

During the construction phase and during the maintenance of power lines, some habitat destruction and alteration inevitably takes place (van Rooyen, 2004; McCann, 2005). Above-ground power lines can lead to the loss of useable feeding areas in breeding places as well as in staging and wintering habitats. For example recent studies showed that the presence of a power line influenced the flight direction of Great Bustards and restricted the use of suitable habitats (Raab et al., 2010), and that transmission power lines are avoided by Little Bustards, being the most important factor determining breeding densities in sites with suitable habitat for the species (Silva, 2010; Silva et al., 2010).

4.3.5. Electromagnetic fields

All electrical currents, including those running through power lines, generate electro-magnetic fields (EMFs). Therefore, many bird species, like humans, are exposed to EMFs throughout their lives (Fernie and Reynolds, 2005). A great deal of research and controversy exists as to whether or not exposure to EMFs affects the cellular, endocrine, immune, and reproductive systems of vertebrates. The research examining the effects of EMFs on birds indicate that EMF exposure of birds generally changes, but not always consistently, their behaviour, reproductive success, growth and development, physiology and endocrinology, and oxidative stress (Fernie, 2000; Fernie and Reynolds, 2005).

4.4. Potential positive effects of electricity infrastructure on wild birds

Electrical power lines, towers, and distribution poles can have a number of beneficial effects for wild bird species too. For instance they may offer:

— Breeding substrate, nest site: There are a variety of reasons why birds sometimes breed on electricity structures including: lack of alternative nesting sites such as trees and cliffs; electricity structures offer a mammalian-predator-safe and sturdy platform for birds to build their nests (van Rooyen, 2004; McCann, 2005). Utility structures can provide nesting substrates in habitats where natural elements are scarce, and offer some protection thereby facilitating the range expansion of some species or increasing the local density of some species, (APLIC, 2006).

— Perching, roosting and hunting post: Vultures and storks often seek power line structures for roosting since they are more protected from harsh weather and ground predators. The presence of electric poles in open-country habitats is beneficial to some raptors by providing perches with commanding views of hunting areas. Power line structures in relatively treeless areas have made millions of kilometres of suitable habitat available to perch-hunting raptors (Olendoff et al., 1980).

— Habitat management: Power lines can also provide continuous habitat for species that require low vegetation. Research undertaken in the United States has shown that open rights-of-way along utility lines provide habitat for declining species of birds (Confer & Pascoe, 2003; Askins, 2012).

ELIA / RTE LIFE+ project: bringing benefits to nature (24) ELIA (high-voltage electricity transmission system operator in Belgium), and RTE (electricity transmission system operator in France) led a 5-year project (2011-2017) to manage and restore over 300 hectares under medium and high-voltage overhead power lines in Wallonia and in France. This project illustrates nature conservation measures, and how energy stakeholders may take infrastructure development as an opportunity to benefit biodiversity. Ponds (objective: 100 ponds on the 130 km project area) Wherever the soil is appropriate (presence of an impermeable layer: peat, white clay and gleyed clay soils) and primarily in the areas which offer good potential for certain rare species, ponds were dug or dams constructed on drainage channels to flood areas of at least 25 m2 (minimum size to limit the silting process, i.e. natural filling of ponds by leaves). The network of intra-forest ponds will enable the colonisation of amphibians, dragonflies, damselflies, Dytiscidae and wetland birds and prevent populations from becoming isolated. Orchards (objective: 20 ha with 8 000 trees) A number of very rare and local species of fruit trees, mainly European Wild Pear (Pyrus pyraster), European wild apple (Malus sylvestris) and common medlar (Mespilus germanica), small-sized species, were planted under overhead power lines. Their presence brings diversity to the forest stands and also shelter and food to a whole range of local fauna (large animals, birds and insects). Simple flower meadows (objective: 20 ha) Simple flower meadows have been recreated on the access routes for the high-voltage power lines serving as refuge for rare flora, insects, birds and small mammals. Regular mowing and removal of the mowed vegetation will impoverish the soil and allow rare or lost plants to reappear. In extreme cases, flower meadows were recreated by sowing seeds from local plant varieties Peatlands and moors (objective: restore or appropriately manage 20 additional hectares) The restoration of wetlands and moors under power lines is possible through removing the uppermost layer of soil, promoting the development of pioneer species from the underlying dormant seed bank. In some of the areas the water level was also locally restored by sealing drains, revitalising wet moorlands and peatlands. The objective is to maintain and improve exchanges of plants and animals between existing peatlands and moors, including those recently restored. Pasturing (objective: manage 20 ha through pasturing and 20 ha through mowing) Pasturing supported the restoration of damaged peatlands, moors, sparse meadows and valley bottoms, helping solving the problem of dominant species such as moor grass. In other cases (hay meadows, dry moors, sparse meadows), mowing (through contracts with local farmers), adapted in terms of periods and rhythm, helped maintaining the vegetation at the right level for a multitude of plant, insect and reptile species. Invasive species (objective: treat 20 to 30 ha) Under the project the growth of plant species on the Walloon list of invasive species was eradicated or brought under control, in particular, the black cherry (Prunus serotina), the summer lilac (Buddleja davidii), the giant hogweed (Heracleum mantegazzianum), the Himalayan balsam (Impatiens glandulifera), the Japanese knotweed (Fallopia japonica), the narrow-leaved ragwort (Senecio inaequidens) and, to a certain extent, the black locust (Robinia pseudoacacia). Fragmentation (objective: create edges on 30 km (90 ha) and restore 40 km (120 ha)) Currently, in the work areas of the project, the power line corridors created in forests are mainly U-shaped: at the centre is short grass, regularly cut, with an abrupt transition to the forest with tall trees on both sides. The project created V-shaped edge areas between the corridor and the forest. These edges, with sizable trees from a variety of species, as ecotones, may provide food and shelter habitat for a whole range of insect, mammal and bird species which are absent in the corridors where the surrounding areas are ‘clean’ and regularly maintained. The forest is enriched with secondary tree species that are often absent. These edges also reduce the damage that the wind can cause to the forest stand, creating a slope. These edges can also be very rich in deadwood, providing shelter for a huge number of insects and offering useful habitats for birds and bats. Once the density of these edges has increased, the growth of tall trees (birch, spruce, beech) that constitute a danger to the lines slows down. Initial situation and situation after the project

5. POTENTIAL MITIGATION MEASURES FOR ELECTRIC GRID INFRASTRUCTURES AFFECTING WILD BIRDS

5.1. What are mitigation measures?

When the assessment of an energy infrastructure plan or project undertaken under Article 6 of the Habitats Directive identifies a number of negative effects on a Natura 2000 site, the plan or project is not automatically rejected. Depending on the severity of the potential impacts, it may be possible to introduce mitigation measures that will remove, pre-empt, or reduce to an insignificant level the potential negative impacts of a plan or project.

While this chapter is focusing on the Natura 2000 sites, measures that reduce the negative impacts should also be envisaged under EIA/SEA for plans and projects for which there is no need to undergo appropriate assessments but would have a negative impact on protected species.

In order to decide which mitigation measures are required, it is essential first to assess the effects of the plan or project on the EU protected species and habitat types present in the Natura 2000 site (alone or in combination with other projects or plans). This will identify the nature and extent of the negative effects and provide a baseline against which to determine the type of mitigation measures required.

In short, effective mitigation of adverse effects on Natura 2000 sites can only take place once the potential negative effects have been fully recognised, assessed and reported. The identification of mitigation measures, like the impact assessment itself, must be based on a sound understanding of the species/ habitats concerned.

Mitigation measures can involve modifications to the size, location, design and configuration of various aspects of the energy infrastructure plan or project (e.g. insulate the conductors to avoid electrocution). Or they can take the form of temporal adjustments during the construction and operational phases (e.g. avoiding construction works during the breeding season).

Once suitable mitigation measures have been identified and worked out in detail, the plan or project can be approved under the Article 6 Habitats Directive procedure on condition that these mitigation measures are implemented in accordance with the instructions given by the competent authority.

Figure 4

Hierarchical approach to adopting mitigation measures. Mitigation should always aspire to the top of the mitigation hierarchy (i.e. avoiding impacts at source)

Approach to mitigation Preference Avoid impacts at source Highest Reduce impacts at source Abate impacts on site Abate impacts at receptor Lowest

If there is still a significant residual effect on the site, even after the introduction of mitigation measures, then alternative solutions will need to be examined instead (e.g. different location of the project, different scales or designs of development, or alternative processes). If these do not exist then the plan or project may still be approved, in exceptional cases, provided that the conditions of Article 6.4 are respected and suitable compensation measures are approved that will compensate for the remaining negative effects (see chapter 7 for details) so that the Natura 2000 network is not compromised.

For each mitigation measure proposed it is important to:

— explain how the measures will avoid or reduce to a non significant level the identified adverse impacts on the site;

— provide evidence of how they will be secured and implemented and by whom;

— provide evidence of the degree of confidence in their likely success;

— provide a timescale, relative to the project or plan, when they will be implemented;

— provide evidence of how the measures will be monitored and how additional measures will be introduced if the mitigation proves not to be sufficient.

EcoMOL project (Ecological Management of Overhead Lines) (25) As part of the German project ‘Southwest Interconnecting Line / Thuringian Power Link’, a study was undertaken (Erfurt University of Applied Sciences et al. 2010) which presents an interdisciplinary concept for the ecological management of overhead power line corridors (EcoMOL). This could be adapted and applied to various European regions. The study recognises that operators have technical requirements, such as safety distances and construction work, in order to guarantee the transmission reliability for a high voltage overhead power line corridor. It gives methods to mitigate impacts such as habitat loss and degradation during construction and to implement compensation measures. It classifies biotope types of the corridor by growth height classes, derived from the natural growth characteristics of the species and possibly modified by management. Therefore, during line routing, the study distinguishes the corridor into areas not forested in the future, areas forested for the time being, and areas without felling requirements. The combination of felling priority and current and potential growth height zones defines the range for possible creation or restoration measures. Detailed planning should be conducted separately for each of the three forest edge components (fringe, sheltering belt and low-density windbreak) differentiated by growth height Figure 5 Ideally staggered composition of an outer forest edge along the OL corridor (FVA, 1996 modified) showing a schematic pilot

5.2. Potential measures to mitigate negative effects of electricity plans or projects on wild bird species

The remainder of this chapter looks at the range of potential mitigation measures that can be used for electricity infrastructure plans and projects in relation to wild bird species in particular. Mitigation measures can be introduced at the level of a plan or at various stages in the project cycle.

5.2.1. Introducing proactive measures at the planning level

A range of measures can be introduced early on in the decision making process, especially at the initial planning stage to pre-empt, avoid or reduce the risk of potential impacts on Natura 2000 sites and on wild bird species. These may include the following:

Legislation

Create and endorse specific national legislative tools or amend existing ones in order to ensure that:

— Birds are protected from the negative effects of power lines (eg through the obligation to use underground cables in sensitive areas),

— New and fully reconstructed power lines are safe for birds by design and do not need further modification or retrofitting,

— Retrofitting of existing power lines and especially ‘killer’ power poles is accomplished in a foreseeable time scale.

Planning

— Use the Appropriate Assessment/SEA of national power line infrastructure development plans to ensure that Natura 2000, and wild bird conservation considerations and priorities, are fully taken into account early on in the decision making process and,

— Wherever possible, adjust the plans to avoid sensitive Natura 2000 sites and other sites of importance for the bird species listed in chapter 4.

— Identify particularly sensitive bird species based on their vulnerability to power lines, conservation status, population size and distribution within the country

— Identify priority areas and sites based on the distribution, density and abundance of priority bird species and the existing and planned infrastructure and prepare a national sensitivity map to identify conflict hotspots and other priority (high-risk) sites for prevention and mitigation measures

— Prioritise powerlines for mitigation in function of bird mortality and distribution data.

— Avoid priority areas and sites (breeding and wintering areas, migration bottlenecks, breeding colonies, congregation sites, coast lines, wetlands) when possible during infrastructure planning/routing.

— Produce guidelines for technical solutions to mitigate bird strikes or electrocution hazard (for example Haas et al. 2005, Haas & Nikow, 2006, Prinsen et al., 2011).

— Conduct prior evaluation of the potential effectiveness of planned preventive and reactive strategies, to ensure management interventions are evidence-based.

— Set up an implementation plan for mitigation measures.

— Establish a national database and GIS for managing data of bird/power lines interactions and for adequate spatial planning including optimal routing of power lines based on ecological, technical and economic criteria.

Monitoring, research, evaluation and reporting progress of implementation

— Assess progress against objectives, milestones and timeframe of strategic plans.

— Evaluate lessons learnt to improve the future operation.

— Prepare implementation reports for key stakeholders.

— Support international exchange of experience.

— Collaborate in efforts to save threatened long-distance migratory birds from the negative effects of power lines.

— Initiate and support relevant research projects regarding prevention and mitigation measures and the development and production of bird-safety products.

— Develop a set of monitoring protocols standardised for different conditions.

A proposed general concept of area and site prioritisation There are a number of steps that national authorities can follow to prioritise areas where electricity power line safety measures need be taken into account as priority. The general principle behind this approach is that areas holding or supporting the larger number of priority species as well as significant part of the populations of such species should be favoured for selection as national priorities for prevention and mitigation. Both designated and non-designated areas and sites have to be prioritised according to their importance (temporal or permanent density & abundance) for priority species as High, Medium and Low priority areas.

Area's level of priority Type of site HIGH PRIORITY AREAS Importance: International (For example: — Special Protection Areas (SPAs which have a specific function to provide resting area for an internationally significant number of vulnerable species) — sites under IBA categories - Global: A1, A4i-iv; European: B1i-iv,B2; EU: C1, C2, C3, C4, C5, C6;) Conflict hotspots for several priority species with the high species densities, such as — Key breeding areas for ‘source’ populations of several priority species — Congregations, — Key stopover sites, — Key roosting areas, — Key wintering areas, — Bottleneck areas, — Key migration routes, — Key flyways between roost sites and foraging areas. MEDIUM PRIORITY AREAS Importance: National — Nationally important areas for one or few priority species. — Core breeding areas and source populations of several priority species, — The most important temporary settlement areas, — Nationally important congregation sites. LOW PRIORITY AREAS Importance: Regional or Local — Regionally or locally important areas for priority and for non-priority species.

Agreement on the Conservation of African-Eurasian Migratory Waterbirds AEWA guidelines on how to avoid or mitigate impacts of electricity grids The ‘Guidelines on how to avoid or mitigate impact of electricity power grids on migratory birds in the African-Eurasian region’ adopted in 2012 by AEWA recommend seven essential steps (Prinsen et al. 2012): Step 1: Develop and support strategic long term planning of nationwide electricity grid networks, including putting low to medium voltage power lines below ground. Apply appropriate SEA procedures for decisions on the need of power lines on a national scale and apply similar appropriate EIA procedures on the construction of a power line once it has been decided that such a power line is needed. Aspects of the risk for bird collision and electrocution have to be integrated into the EIA procedures. Step 2: Develop and support collaboration between all stakeholders (utility companies, conservationists, governmental organisations) through support of Memoranda of Understanding on a volunteer basis, for example, or, if necessary, impose the cooperation of utility companies for strategic planning and mitigation of negative effects on birds through legislation. Step 3: Develop scientifically based databases and spatial datasets on the presence of protected areas and other key bird areas and presence of susceptible bird species, including flight routes of these species between breeding, feeding and resting areas as well as important migration corridors. These datasets enhance strategic planning in steps 1 and 2 and define priorities in step 4. If no data are available, such as from regular national bird monitoring projects, then field data must be collected for a minimum of one year. Step 4: Routing new above ground power lines away from key areas for birds, taking into account the presence of protected areas (with either a national or international status), abiotic factors that influence the bird/power line conflicts and the susceptibility of relevant bird species. Step 5: Develop priority lists of key conservation areas and species in order to identify priorities for mitigating sections of new power lines and retrofitting existing power lines. Step 6: Mitigate problematic sections of power lines, both existing and planned, to minimise the effects of electrocution and collisions on birds by using state-of-the-art techniques. Step 7: Develop and support evaluation programs that use standardised protocols to monitor the effectiveness of mitigation measures as well as to improve mitigation techniques, including monitoring of incidents (electrocution and collision) and the presence and movements of birds in order to assess the (species-specific) scale of impact.’

5.2.2. Investigating potential mitigation and preventive measures at the project-level

At the project level, it is recommended that the following aspects be taken into consideration during the Appropriate Assessment or when carrying out an impact assessment under EIA for projects that may affect protected species outside Natura 2000 (ref Article 5 of the Birds Directive and Article 12 of the Habitats Directive).

Phase I. Pre-construction

— Investigate different options of mitigation of bird/power line conflict in the EIA/AA of new power lines and of line reconstructions.

— Plan avian-safe solutions (underground cable, plastic-covered conductor ‘PAS cable’) in transmission and distribution lines where technically and financially feasible, but especially in areas of high relevance to birds.

— Ensure that new overhead power lines are safe for birds by design.

— Cluster lines together.

— Site lines away from obvious flyways, roosting areas or other areas of concentration of birds if possible.

— Plan vegetation, topography, or man-made structures to shield lines.

— Plan Before-After Control-Impact (BACI) assessment and supporting monitoring.

— Replace reactive, per pole responses, where poles are retrofitted or overhead wires modified after bird death findings, by a structured, pro-active program to avoid most mortalities before they occur.

Phase II. Construction of new lines

— Ensure that fully reconstructed lines are safe for birds by design (e.g. underground cable, plastic-covered sheathed cable (PAS cable), pole heads safe by design).

— Avoid pole design with pin-insulators on new overhead lines.

— Use poles with suspended insulators.

— Avoid using neutral (ground) cable above conductor cables when possible.

Phase III. Operation - maintenance, modernisation, re-construction, retrofitting of existing lines

— Ensure that fully reconstructed lines are safe for birds by design (e.g. underground cable, plastic-covered PAS cable, pole heads safe by design).

— Ensure that priority power lines in term of bird conservation/distribution and the most dangerous pole types in all lines are retrofitted/changed to bird-friendly lines and pole types with state-of-the-art technical standards for bird safety.

— Conduct standardised monitoring of the impacts of power lines on birds and monitoring to evaluate the effectiveness of mitigation measures.

— Enhance habitats for mitigation of the impact of power lines on biodiversity.

— Create habitats on the same side of the power line to minimize crossings.

— Minimize human activities/disturbance near the line (educational process).

— Prepare report regularly on the results of monitoring and mitigation activities and share it with key stakeholders.

Phase IV. Decommissioning

— Ensure that no infrastructure is