European State Questionnaire on Hydropower and the WFD

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Water management, Water Framework Directive & Hydropower Common Implementation Strategy Workshop Brussels, 13-14 September 2011 European State Questionnaire on Hydropower and the WFD 1. Context The 2 nd European CIS workshop on Water Management, WFD & Hydropower will be organised on 13-14 September 2011 in Brussels by Germany, the UK and the European Commission. The 2011 workshop is practice and measures-oriented. It is based on the discussions initiated at the 1 st workshop on WFD & Hydropower (4-5 June 2007, Berlin) 1 and should be used as a forum to exchange information, experiences gained in the meantime and case studies on: 1. Options and tools of European States in order to implement measures for the improvement and achievement of GES or GEP: a. Legal tools and legal requirements b. Technical standards and requirements c. Incentives 2. Strategic planning tools on the catchment scale for the designation of appropriate, less appropriate and not appropriate areas for new hydropower plants. 3. Approaches for the implementation of WFD Article 4.7. An issue paper will be prepared for the workshop. In order to collect background information for the workshop issue paper, European States are kindly asked to fill in the present questionnaire on Hydropower and the WFD. Please fill in one questionnaire per European State and return to eleftheria.kampa@ecologic.eu and stephan.naumann@uba.de at the latest by 17 June 2011. 2. General information Name of European State Slovakia Name and contact details of person to be contacted if any clarifications on the reply to this questionnaire are needed: Kelnarová Zdena 1 See Key Conclusions, Common Implementation Strategy Workshop on WFD & Hydropower, Berlin, 4-5 June 2007. Available online: http://www.ecologic-events.de/hydropower/documents/key_conclusions.pdf. 1

3. Key figures on hydropower Note: For each answer below, please use the most recent and reliable data if available, to the extent possible. GWh/year Reference year of data: Comments Q3.1 What is the total amount of electricity production in your country? Q3.2 What is the total amount of electricity production from renewable energy sources 2 in your country? 27 720 2010 Source: Ministry of Economy of SR (ME SR) 5 750 2010 Source_ME SR Q3.3 What is the total amount of electricity production from hydropower in your country? Total including electricity generated from pumped storage schemes Total excluding electricity generated from pumped storage schemes 5 493 2010 Sorce ME SR 5 099 2010 Source: ME SR Q3.4 What is the currently installed hydropower capacity in your country? MW GWh Reference year of data: Total hydropower capacity 2 584 5 493 2010 From run-off river HP-plants 1 361 4 597 2010 From storage HP-plants 308 502 2010 From pumping storage HP-plants 915 394 2010 Does the figure of total installed capacity include pumping storage? Yes No 2 For the purposes of this questionnaire, electricity production from pumped storage hydropower schemes should be excluded. 2

Data provided by Ministry of Economy of SR Q3.5 How many hydropower plants exist in your country and what is the installed capacity? Nr. MW GWh Reference year of data: P< 1 MW 184 30 140 2010 1 MW < P < 10 MW 19 40 243 2010 P > 10 MW 25 1 403 5 110 2010 Data provided by Ministry of Economy of SR Regarding the planned electricity production from hydropower in 2020 according to the 2020 objectives of the Renewable Energy Directive as set in your National Renewable Energy Action Plan (Questions 3.6 3.9): Q3.6 Have targets been set for electricity production from hydropower (excl. pumped storage) for 2020? Yes No Comment If yes, please answer also questions Q3.9 and Q3.10 below, which deal specifically with hydropower targets. GWh/ year Reference year of data: Comments Q3.7 What is the total amount of electricity production expected to be in your country in 2020? Q3.8 What is the total amount of electricity production from renewable energy sources expected to be in your country in 2020? Q3.9 What is the total amount of electricity production from hydropower expected to be in your country in 2020? 34650 2020 8 100 2020 5 400 2020 excluded pump. stor. HP 3

Q3.10 What is the installed hydropower capacity expected to be in your country in 2020? MW GWh Reference year of data: Total hydropower capacity 2728 5 850 2020 From run-off river HP-plants 1 504 4 900 2020 From storage HP-plants 308 500 2020 From pumping storage HP-plants 915 450 2020 Does the figure of total installed capacity include pumping storage? Yes No Data provided by Ministry of Economy of SR Q3.11 How do you estimate the following to contribute to the achievement of the 2020 objectives set for the contribution of hydropower to the renewable energy targets? Main source of contribution Minor source of contribution Negligible source of contribution Construction of new hydropower plants 134 Refurbishment of plants 3 0 Modernisation and maintenance of plants 4 NA Data provided by Ministry of Economy of SR 4. Use of hydropower, designation of HMWB and determination of GEP 3 Refurbishment refers to measures which increase installed capacity in existing hydropower plants. 4 Modernisation refers to measures which increase electricity production and in the same time contribute to ecological improvement, e.g. new turbines according to best available techniques/good environmental practice. 4

Q4.1 What is the % of heavily modified water bodies (HWMB) in relation to the total number of water bodies in your country? 3 % of total water bodies Q4.2 What is the % of HMWB designated due to hydropower use in relation to the total number of HMWB? 35 % in relation to total HMWB Yes No Comment Q4.3 Are you planning to make improvements to any water bodies affected by hydropower schemes by 2015? improvements of hydrological condition below certain dams Q4.4 Have you agreed national or local criteria for determining what impact on hydropower generation is acceptable (i.e. not a significant adverse effect)? If "yes", what are the criteria being used (e.g. limit on the effect on generation)? If no, what process are you using to make such decisions and what factors does that process take into account (e.g. scheme-level impacts; cumulative impacts on regional/national generation; or both)? both - scheme level and cumulative impacts 5. Strategic planning tools Q5.1 Are pre-planning instruments for the strategic development of new hydropower generation used in your country? Yes No If yes, on which level? (e.g. regional level / sub-catchments, national level) Please briefly describe national Slovak government adopted Conception on hydropower potential utilization of Slovak water courses by its resolution No.178/2011. Its aim is to secure an increase in hydro energy utilization for energy production from renewable energy sources - in harmony with EU and national Strategic energy targets and other relevant strategic documents of EU and SR. The Conception passed through SEA process (in harmony with Act No.24/2006 Coll. ) Q5.2 If yes, which overall planning process are they part of? River Basin Management Planning 5

National Renewable Energy Action Plan Hydropower Sector planning Designation of areas for new hydropower use: - Appropriate areas - Less appropriate areas - Not appropriate areas - No-go areas Other (please describe) Q5.3 Please briefly describe the criteria used for pre-planning; if different pre-planning instruments exist, please reply for each separately Criteria of valid legislation and International Conventions Q5.4 Does the pre-planning instrument foster the dialogue with the water users? If different pre-planning instruments exist, please reply for each separately yes Q5.5 Do you consider your approach as state-of-the-art in Europe, which should be presented at the workshop? Yes No 6. Approaches for the implementation of WFD Article 4.7 Q6.1 Has the procedure of Art. 4.7 been applied for new hydropower plants? If yes, for how many plants? Yes No Unknown Comments For how many plants was a deterioration of good ecological status accepted? If no, are there plans to implement the procedure of Art. 4.7 for new hydropower plants? Q6.2 Is it generally considered in your country that new hydropower plants will lead to a deterioration of good ecological status? If yes, is the procedure of Art. 4.7 for new hydropower plants generally followed? Q6.3 How have the steps of Art. 4.7 been implemented: 6

(a) Which practicable steps have been taken to mitigate the adverse impacts on the status of the affected water body(s)? Please give some information about your national experiences (e.g. which instruments/methods are especially suitable and successful?) (b) How is the overriding public interest of a new hydropower plant or the fact that the benefits of a new plant outweigh the benefits of achieving the WFD environmental objectives judged (e.g. benefit of increased renewable electricity production)? Please give some information about your national experiences (e.g. which instruments/methods are especially suitable and successful?) (c) Which methods are used to assess if the beneficial objectives served by those modifications or alterations of the water body cannot for reasons of technical feasibility or disproportionate cost be achieved by other means, which are a significantly better environmental option? Please give some information about your national experiences (e.g. which instruments/methods are especially suitable and successful, what other means are considered?) Q6.4 Do you consider your approach as state-of-the-art in Europe, which should be presented at the workshop? Yes Comments 7. Incentives No Q7.1 Are there incentives in your country which combine support to hydropower (existing & new) and targets to improve water status/potential? Yes No Under development Please fill-in the following table Please fill-in the following table Types of incentives Feed-in tariffs Support schemes for new plants Support schemes for modernisation Ecolabelling Presence in your country Yes No Under development Explanation of relevance and criteria for ecological improvement 7

Tradable certificates Simplified authorisation and licensing procedure Compensation for energy production loss (monetary or other) Other / Comments Q7.2 Do you consider your approach as state-of-the-art in Europe, which should be presented at the workshop? Yes Comments No 8. Legal and technical requirements for the achievement of GES/GEP 5 8.a Hydropower permits Q8.1 What is the duration of permits for hydropower plants in your country? Duration of licence for construction-technical part is unlimited. Duration of licence for utilization of water - could be limited. Q8.2 Has the duration of hydropower permits been changed at any point? In case, that condition are changed, permits could be changed as well. Q8.3 What types of changes are possible to existing permits? Please give detailed information on how far the change to an existing permit could go. Under existing permit there are possible only minimum changes described in issued permit. Changes above conditions set in permit ( e.g. legislative change, change of operation, construction changes, fish pass etc ) require revision of permit. Q8.4 Is the permit duration for all hydropower plants the same? If no, which criteria define the duration of a permit? (e.g. size of hydropower plant) Duration of permit is individual. Criteria: change of conditions 8.b Minimum ecological flow requirements 6 (a) Legal requirements Q8.5 How are legal requirements for minimum ecological flow set in your country? There is relevant legislation requirement but there is a relevant requirement or recommendation There is generally no legislative means of ensuring 5 Even though a legal requirement exists, measures will not always (have to) be applied to all hydropower stations. 6 The term ecological minimum flow follows the terms used in the CIS Guidance document Nr. 20 and the notes from the Informal meeting of Water and Marine Directors in Segovia in May 2010. 8

recommendation but minimum ecological flow is defined in individual cases minimum ecological flow Q8.6 Does a minimum ecological flow requirement exist for every hydropower plant in your country? New hydropower plants Existing hydropower plants No complete information Yes No Yes No available Q8.7 What types of minimum ecological flow requirements are differentiated? Minimum ecological flow through turbines (to prevent total stop of river water flow in daily or seasonal regulation) Minimum ecological flow to old dry river channels (to maintain ecology/landscape) Minimum ecological flow through fish passes or bypass channels through the year or a part of the year (for migration) Q8.8 Are the legal requirements related to a specific goal? Choose any of the following or add a new goal Ensure sustainable fish populations Ensure ecological continuum Other / Comments Q8.9 Do you see possibilities or the need for improvement of their enforcement and implementation? (b) Technical requirements 9

Q8.10 Is there an agreed method/approach in your country, which should be followed for setting minimum ecological flow? There is a technical standard set by law There is a recommendation Set on case-bycase basis There is no relevant method defined Q8.11 What method/methods is (are) applied to define minimum ecological flow in your country? Static definition (e.g. 5% of annual mean flow) Dynamic definition 7 Determination by modeling Other, please mention (if any of the methods in Q8.7 apply, please list them here) Please briefly explain the method/methods applied (criteria and/or formula) Q355 - Average daily water discharge during the reference period, achieved or exceeded during 355 days in the year Comments 8.c Facilities to ensure upstream continuity (a) Legal requirements Q8.12 How are legal requirements for facilities to ensure upstream continuity (via fish pass) set in your country? There is relevant legislation requirement but there is a relevant recommendation requirement or recommendation but measures to ensure upstream continuity are defined in individual cases There is generally no legislative means of ensuring upstream continuity 7 Different fixed minimum flow values distributed over the year. 10

The Water Act no. 364/2004 - water management authority has to follow requirement to ensure preservation of water ecosystems at issuing of permit for water use. The Construction Act no. 50/1976 - structure has to be designed in such way - which corresponds with requirements of nature protection and does not have negative impact on environment. Law no. 24/2006 about EIA requires measures to mitigate impact to environment. The law distinguishes among preliminary assessment (hydropower plants of capacity in rage 5 50 MW) and/or mandatory assessment (hydropower plants above 50MW). MoE can order environmental impact assessment even for activities below 5 MW. Q8.13 Is every hydropower plant in your country required to have a fish pass? New hydropower plants Existing hydropower plants No complete information Yes No Yes No available New structures see comment under Q8.12 Existing structures Governmental Decree on Program of Measures developed in the frame of RBM plan (at present under approval Q8.14 Are the legal requirements related to a specific goal? Choose any of the following or add a new goal: i. Ensure sustainable fish populations ii. Ensure ecological continuum iii. Other, please specify Q8.15 Do you see possibilities or the need for improvement of their enforcement and implementation? (b) Technical requirements Q8.16 Is there an agreed method/approach in your country on how to ensure upstream continuity? There is a technical standard set by law There is a recommendation Set on case-by- There is no relevant 11

case basis method defined Q8.17 Do the methods/ approaches mentioned above include requirements regarding: Type of fish pass (technical or bypass channel) Special type of fish pass (e.g. denil, vertical slot fish pass) Hydraulic design (E.g. discharge, flow velocity) Recommendations/requirements on duration of time for passabilty (e.g. 300 days/year) Recommendations/requirements that fishes can locate the fish pass in the river Other / Comments Please explain: 8.d Facilities to ensure downstream continuity (a) Legal requirements Q8.18 How are legal requirements for facilities to ensure downstream continuity (for fish) set in your country? There is relevant legislation requirement but there is a relevant recommendation requirement or recommendation but measures to ensure downstream continuity are defined in individual cases There is generally no legislative means of ensuring downstream continuity 12

Q8.19 Is every hydropower plant in your country required to ensure downstream continuity? New hydropower plants Existing hydropower plants No complete information Yes No Yes No available Q8.20 Are the legal requirements related to a specific goal? Choose any of the following or add a new goal: i. Ensure sustainable fish populations ii. Ensure ecological continuum iii. Other, please specify Q8.21 Do other legal requirements exist to compensate for loss of fish stock? (e,g. fish stocking, payments etc.) Yes No If yes, please explain in Q8.24 Q8.22 Do you see possibilities or the need for improvement of their enforcement and implementation? (b) Technical requirements Q8.23 Is there an agreed method/approach in your country on how to ensure downstream continuity? There is a technical standard set by law There is a recommendation Set on case-bycase basis There is no relevant method defined Q8.24 Are the following tools used in your country? If necessary to specify how the tool is used in your country, please give relevant short explanation 8 8 E.g. Mechanical fish protection combined with early warning system 13

Are these tools used? Explain Yes No Don t know Physical barriers to protect fish from turbine intake channels (screens) Bypasses and sluiceways Plant operation management - Spill flow (water releases independent of power generation) Fish-friendly turbines Catch and carry / Trap and truck Monetary compensation for restoration measures for land owners, fishermen, environment / fishery authorities (single or annual payment) Compensation according to fish stocking (e.g. smolts and fingerlings) Compensation for measures taken to reproduce habitats (construction of spawning and rearing channels, restoration of habitats) Other / Comments 8.e Mitigation of hydropeaking effects (a) Legal requirements Q8.25 How are legal requirements for the mitigation of hydropeaking effects set in your country? There is relevant legislation There is a no legal requirement but there is a relevant recommendation requirement or recommendation but mitigation measures are defined in individual cases There is generally no legislative means of mitigating hydropeaking effects 14

Q8.26 Do you see possibilities or the need for improvement of their enforcement and implementation? Technical standardisation (b) Technical requirements Q8.27 Is there an agreed method/approach in your country for the mitigation of hydropeaking effects? There is a technical standard set by law There is a recommendation Set on case-bycase basis There is no approach Q8.28 Do the recommendations/ standards mentioned above include requirements regarding: Please explain: Amplitude of flow fluctuation Frequency of hydropeaking Due to mitigation of flow fluctuation all large capacity reservoirs with hydropower plants have balance (buffer?) reservoir. Frequency of hydropeaking depends on connection into network according to energy diagram. Duration of rising and falling of hydropeaking Other options to mitigate impacts of hydropeaking Compensation basins Improvement of hydromorphological structures Coordination of different plants operation coordination of hydropower plants at the system focuses to energy efficiency of hydropower potential utilization regarding to other aspects Other / Comments 15

8.f Improvement of sediment/bedload transport (a) Legal requirements Q8.29 How are legal requirements for the mitigation of disruption of sediment/bedload transport set in your country? There is relevant legislation requirement but there is a relevant recommendation requirement or recommendation but mitigation measures are defined in individual cases There is generally no legislative means for mitigating the disruption of sediment/bedload transport Q8.30 Does a specific ecological goal relate to the improvement of sediment/bedload transport? (e.g improvement of hydromorphology) (b) Technical requirements Q8.31 Is there an agreed method/approach in your country for the mitigation of disruption of sediment/bedload transport set in your country? There is a technical standard set by law There is a recommendation Set on case-bycase basis There is no approach Q8.32 Do the recommendations/ standards mentioned above include: Technical solutions for the transfer of sediment/bedload Addition of sediment/bedload Other / Comments Please explain: 16

8.g Other domains for hydromorphological improvement Q8.33 Are there other domains, which you consider important for the improvement of ecological status/potential in hydropower-affected water bodies? 8.h Cumulative effects Yes No Please explain how this is done Comments Q8.34 Are cumulative effects taken into account in the definition of measures set for individual hydropower plants? Q8.35 Are cumulative effects taken into account in the pre-planning of hydropower plants as a strategic instrument of management of the catchment area? 8.i Suggestions for workshop Q8.36 Do you consider your approaches on legal and technical requirements as state-of-theart in Europe, which should be presented at the workshop? Yes Comments No 17