Swedish environmental legislation and how it is implemented. Malin Hemmingsson

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1 Swedish environmental legislation and how it is implemented Malin Hemmingsson

2 Swedish Agency for Marine and Water Management (SwAM) Started its operations on July, Tasks were transferred from the Swedish Environmental Protection Agency and the Swedish Board of Fisheries Under the Ministry of Environment (but also reports to the Ministry of Rural Affairs) HQ in Gothenburg and 4 local inspection offices 230 staff members

3 Instruction from the Government The Swedish Agency for Marine and Water Management is the administrative authority for issues dealing with the preservation, restoration and sustainable use of lakes, streams and seas. The Agency shall within its area of responsibility be proactive, supportive and unifying in its implementation of environmental policies and shall promote sustainable management of fishing resources.

4 Organisation Director General Science Affairs Department Department for Marine and Water Management Department for Fisheries Management Department for Operational Management

5 The Environmental Code Introduced 1999 The first integrated body of environmental legislation enacted in Sweden A framework law that covers a wide area For many operations (e.g. offshore windfarms) permits must be obtained from the land and environment courts For smaller operations permits are given by the county administrative boards (e.g. smaller dredgings) Certain large structure and facilities must be approved by the Government before they are established

6 The Environmental Code is applied within the Swedish territorial sea The Continental Shelf Act (1966:314) - cables and sea bottom investigation permits - permit given by Ministry of Enterprise, Energy and Communications Act on Sweden's Exclusive Economic Zone (1992: 1140) -offshore wind farms -permit given by Ministry of Environment Base line Territorial Sea (12 nm) Exclusive Economic Zone (EEZ)

7 Land and Environment Courts (5) Land and Environment Court of Appeal (1) Permits for water operations (11th chapter) and environmentally hazardous activities (9th chapter) Offshore wind farms need both permits

8 The EIA process An EIA must be prepared by an operator before submitting a permit application for waterworks and environmentally harmful operations Before submitting a permit application a consultation process takes place The project can be modified during this consultation process e.g concerning the choice of location and preventive measures

9 Consultation process Regulated in the Environmental Code County administrative boards (21) Public authorities Municipality Concerned public and organisations

10 What should be included? Alternative localizations Flora, fauna, habitats Cumulative impacts Physical constructions and the methods of construction Impacts related to chosen constructions and the construction phase The affected total area of the sea bottom

11 What should be included? Areas with habitats of high ecological value, like zostera and mussel beds Dispersal of sediments during the building phase Underwater noise during construction and operation Mitigation and precautionary measures

12 What should be included? Description of how the projects affect the environmental quality standards (EQS) of the water body according to the EU Water Framework Directive. An analysis of how the project's environmental impacts relate to the descriptors of the EU-Marine Strategy Framework Directive and the related descriptions of Good Environmental Status (GES) according to the Initial Assessment made as part of implementing the directive. A control program for monitoring of environmental impacts during the different phases of the project.

13 Examples from reality: Nord Stream Crosses the Swedish EEZ but not the territorial water Environmental Code permit not needed Permit given by the Swedish government, Ministry of Enterprise, Energy and Communications, according to the Continental Shelf Act (1966:314) International consultation process according to the Espoo Convention transboundary impacts

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15 Offshore wind farms in operation in Sweden Turbines MW Lillgrund Utgrunden Yttre Stengrund 5 10 (Gässlingegrund (in Lake Vänern) 10 30) Offshore wind farms with permits Turbines MW Storgrundet Stora Middelgrund Kriegers flak Trolleboda Utgrunden II Kårehamn Taggen

16 Blekinge Offshore Wind Farm Project - Off the southeast coast of Sweden, Hanöbukten turbines MW TWh

17 Blekinge Offshore Wind Farm Project - Consultation process - Application for a permit under the Environmental Code was submitted to the Land and Environment Court - Completion of the application - Main hearing at Land and Environment Court - The opinion of the Court submitted to the Government for final decision - Final decision by the Government December, November, February, ?

18 Blekinge Offshore Wind Farm Project SwAM s main issues: - Important area for fish - Reproduction area for several fish species: herring, flounder - Important area for migration of eel and wild salmon that has natural reproduction in Mörrumsån - Vague description of environmental impact and effects on ecosystems due to unspecified construction and method use

19 Blekinge Offshore Wind Farm Project Migration routes for eel from Öland down to east coast of Skåne and in the Baltic Proper (small image). Two planned wind projects, Taggen (left) and Blekinge Offshore (right) are marked with red circles. (Westin 1998, Westerberg et al. 2007)

20 Examples of mitigation measures Avoidance of sensitive sites Time schedule of construction activities to avoid breeding periods of seabirds and spawning periods of fish Adjust construction methods, construction materials etc Use of control measures to manage spreading of sediments Compensation

21 Marine Spatial Planning in Sweden Government is currently preparing legislation planned to be adopted in 2013 The marine environment is not in a sustainable state Conflicting interests between different uses Claims to use the sea are increasing (incl. new uses) There are needs for different kinds of protection. Only 4 out of 84 coastal municipalities have actively planned the territorial sea

22 Three plan areas: Seawards of 1 nautical mile from the base line including EEZ Gulf of Bothnia Baltic Sea Proper Western waters (Skagerrak/ Kattegat)

23 Thank you! Karin Wall, Legal advisor, environmental law Malin Aarsrud, Senior analyst, marine biologist