Strasbourg, 20 March 2009                                                                          T-PVS/Files (2009) 5

[files05e_2009.doc]

CONVENTION ON THE CONSERVATION OF EUROPEAN WILDLIFE

AND NATURAL HABITATS

Standing Committee

29^th meeting

Bern, 23-26 November 2009

__________

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Windfarms in Balchik and Kaliakra

– Via Pontica (Bulgaria)

Report by the Government

Document prepared by:

the

 information on the wind parks in the region of kaliacra (bulgaria)

Strategic assessment of the national action plan for renewable energy sources

With a view to the EU long-term policy for reducing the carbon dioxide emissions and reaching the compulsory goal of 20% of the total consumption energy to be generated from renewable energy sources by year 2020, each member-state until deadline date March, 31 2010 must adopt a National Action Plan, thereby the sector goals to be determined. In this regard Republic of Bulgaria as a member-state is obliged to reach the individual objective of 16% regarding the energy generated from renewable energy sources.

  On opening a procedure for Action Plan development, EIA procedure and Compatibility Assessment procedure should be implemented (Directive 2001/42/ЕС for assessment of the impact of some plans and programs on the environment and Directive 92/43/EEC on the conservation of  natural habitats and of  wild flora and fauna).

With a view to the above-mentioned, a request from the Ministry of Economy and Energy to the Ministry of Environment and Water has been submitted about assessment the necessity of Strategic Assessment and Compatibility Assessment (Reg. № ОВОС6610/16.02.2009 and 6611/16.02.2009) for development of the Action Plan (in compliance with the Article 81 of the Environment Protection Act, respectively Article 3 of the Directive 2001/42/EU and Article 31 of the Biodiversity Act, respectively Article 6 of the Directive 92/43/EEC).

Under the development of the Action Plan it should be taken into account all corresponding points from Recommendations 117(2005) и 130(2007) adopted by the Bern Convention Standing Committee and related to the long-term planning and the realization of projects for utilization of renewable energy sources under implementation of the precaution principle,  conformity with the specific conditions of Bulgarian Black see coast and the concrete requirements for the bird and their habitats protection, considering the cumulative effect.

The performance of Strategic Assessment and Compatibility Assessment of the Action Plan will be in the foundation for the strategic planning of the power production from renewable energy sources.

Policy regarding Natura 2000 sites in the region of Kaliacra

Preventive protection of NАТУРА 2000 site “Complex Kaliacra”

As the Bern Convention Standing Committee has been already informed during its session in November 2008, the Minister of environment and water has issued an Order RD – 855/21.11.2008 for preventive protection and prevention from the threat and/or extinguishing of conservation significant natural habitats and habitats of species subject of protection in NATURA 2000 site  BG0000573 “Complex Kaliacra”. It has been imposed by the existence of many plans, projects and investment proposals for construction on the territory of the area, which realization could lead to significant adverse impact before issuing order for its declaration under Article 12, par. 6 of the Biodiversity Act.

The following prohibitions are imposed by the order:

Change of the purpose and the manner of permanent use of lands, forests and water areas (in agricultural and forestry lands) excluding cases when the change is connected with construction of waste water treatment plants, drinking water treatment plants, constructions for waste treating, roads, stabilization of landslides and other objects of technical infrastructure, or connected with plans, programs, projects and investment proposals, for which there is started procedure under Chapter 6 of the Environment Protection Act and/or article 31 of the Biodiversity act.

The prohibition applies to the whole NATURA2000 site, including territories from the land-use areas of Balchik, municipality of Balchik, Kavarna and villages of Bojuretz, Bulgaevo, Kamen brjag, SvetiNikola, and Topola municipality of Kavarna, villageof Tjulenovo, municipality Shabla, all in Dobrich region, with total area of 441 282 643 dka, 39.561 of which are marine areas.

The prohibitions are in force within one year or until the order of the Minister under article 12 , par. 6 of the Biodiversity Act for declaration of NATURA 2000 site BG0000573 “Complex Kaliacra” under Habitat  Directive is enforced.

Designation of NATURA 2000 sites along  the Black see coast

In order to ensure the preventive protection of the sensitive territories at the Black see coast, February 2009 Ministry of Environment and Water started procedure for public access to the drafts of the orders for NATURA 2000 sites BG0002051 „Kaliacra”, BG0002050 „Durankulashko ezero” and BG0000156 „Shablenski ezeren complex”, as part of the procedure for their declaration. Explicit prohibitions for constructing wind generators are included in these orders.

Such a prohibition has been imposed also for the 6 (six) already designated NATURA 2000 sites under the Bird Directive: BG0000270 „Atanasovsko ezero”, BG0002041 „Compex Ropotamo”, BG0000152 „Pomoriysko ezero” (along the Black see coast), BG0002003 „Kresna”, BG0002059 „Kamenski bair” and BG0002053 „Vrachanski Balkan”.

The Drafts of the orders are available on the site www.moew.government.bg as well as in the administrative building of the RIEW – Varna. Within one month the interested parties can submit to the Minister of environment and water their motivated written stands, objections and proposals concerning the specified in the draft of orders prohibitions and restrictions for activities.

Procedures and control

Аs the Bern Convention Standing Committee has been already informed, RIEW – Varna does not allow approval of any projects in the boundaries of Importasnt Bird Area “Kaliacra” without profound and adequate assessment for compatibility.

Besides, for all submitted projects for construction of wind generators (regardless their number) in the region of Dobrudja, situated out of range of NATURA 2000 sites, the competent authority requires implementation of explicit EIA procedure.

RIEW –Varna performs strict and permanent control on fulfillment of the conditions in the coordinating documents for approval of the projects. A monthly report about the results from the control is sent to the MOEW.

Ornithological Monitoring on the operating Wind Park

Up to now in the boundaries of Important Bird Area “Kaliacra” totally 50 wind generators have been put into operation in land-use areas of: Kavarna – 4, villages of Hadji Dimiter – 4, Rakovski – 6, Bulgarevo – 36, including Wind Energy Park containing 35 windgenerators of  “Inos 1” Ltd.-Sofia.

The results of the monthly ornithological monitoring in real exploitation conditions on the site of Wind Park “Kaliacra”, consisting of 35 wind generators – the site is situated in the NATURA 2000 site “Kaliacra”, during July, August, September, October and November 2008 show that:

·            under flight over the territory of the wind park the birds keep at safe distance from the lines of the wind generators;

·            the height of the migration is from 800  to 1000 m, and most of them fly in height of 500 – 600 m  and pass at 6-8 km inside the mainland, north-west of the territory of the wind park.

·            No conflict of birds with the wind constructions has been yet registered.

The above-mentioned circumstances, the results from the current control on the spot, as well as the lack of any evidences for bird dead due to the operation of the constructed wind generators show that they do not exert direct adverse impact over Important Bird Area “Kaliacra”.

Methodic instruction, manuals and other information related to the Wind farms construction

In addition Ministry of Environment and Water has developed project of methodic instructions for assessment the extent of impact of investment proposals for construction of wind generators in NATURA 2000 sites. The methodic instructions project is coordinated with the NGOs and it follows the logic of bulgarian Regulation on Assessement of compatibility (article 6, par. 3 of the Habitat Directive, and the Project of Instruction Manual of the EC has been also taken into account which will help experts in performing their assessments and in determination of the EIA and Assessment of compatibility procedures.

The European Manuals for performance the assessment under Article 6 (3 and 4) of the Habitat Directive, the manual for EIA performance, the Recommendations of the Bern Convention Standing Committee, the Methodic for assessment of the impact on the bats and other documents concerning the application of  the directives have been published in the web site of the Ministry of Environment and Water.

Conclusion

Considering the seriousness of the problem, Ministry of Environment and Water expresses its readiness and intention for collaboration as with the environmental protection society as with the representatives of the business for reaching the necessary result and the acknowledgement that Bulgaria fulfills its obligations for protection of the nature and biodiversity in a correct and conscientious way.

2009, March