The aim of this toolkit is to provide activists and civil society organisations an easy, accessible overview of EU and international law, which can be used to legally challenge new hydropower plants in ecologically sensitive areas.
The toolkit provides a step-by-step guide for assessing whether permits issued for the construction of new hydropower plants are legally valid and whether there have been flaws in the procedures applied.
> Contact us at lawyers4rivers@euronatur.org
> Find a PDF version of the toolkit here
In the last 15-20 years, Europe has experienced a construction boom for new hydropower projects. Small hydropower, in particular, is often falsely promoted as an indispensable pillar of the renewable energy transition – a technology providing cheap, green and climate-friendly energy. But evidence on the minimal contribution of new hydropower projects to Europe’s electricity supply is growing. Moreover, both large and small hydropower installations have disastrous ecological consequences for riverine ecosystems.
Through the civil society coalition “Anti Hydropower Platform” and the “Lawyers for Rivers Initiative”, EuroNatur, GEOTA, Riverwatch, Wetlands International European Association and WWF Adria have been fighting for years against the further damming of the last free-flowing rivers in the Mediterranean Basin, especially on the Iberian and Balkan peninsulas. Free-flowing rivers are crucial for human life, wildlife and sustainable development. Let’s defend them for today and for our future generations!
Małgorzata Smolak,
Environmental and Energy Lawyer
Independent expert
Maja Pravuljac,
Wildlife, Habitats and Hydro-energy Lawyer/Juriste, ClientEarth
Amelie Huber,
EuroNatur
Henk Zingstra,
Wetlands International-European Association
Marjel Neefjes,
Communicatiebureau de Lynx
1. Introduction
Protest Tirana, Albania, 06/07/2019 © EcoAlbania
2. EU environmental law related to hydropower development
Lake Skadar, Montenegro, © GregorŠubic
Sana River, Medna HPP, © Matic Oblak
Bojana Buna Delta, Montengro/Albania, © GregorŠubic
3. The European Commission’s Infringement Mechanism
Sava Bohinjka River, Slovenia, © Jan Pirnat
4. The Energy Community Treaty
Mratinje Dam/Piva River, Montenegro, © Matic Oblak
5. International treaties
Neretva River, Bosnia and Herzegovina, © Theresa Schiller
6. Bibliography and further reading
Vjosa River, Albania, © Gabriel Singer
Checklist on EU environmental law concerning hydropower development
Soča River, Slovenia, © Mitja Legat
Cookie Policy
Sava Bohinjka River, Slovenia, © Jan Pirnat
Imprint
Birds tracks, Neretva River, Bosnia and Herzegovina, © Theresa Schiller
Privacy Policy
Vjosa River, Albania, © GregorŠubic
Convention on the Conservation of European Wildlife and Natural Habitats,
https://www.coe.int/en/web/conventions/full-list/-/conventions/treaty/104
Guidance on the Application of the Environmental Impact Assessment Procedure for Large-scale Transboundary Projects: http://ec.europa.eu/environment/eia/pdf/Transboundry%20EIA%20Guide.pdf
Guidance on Public Participation in Environmental Impact Assessment in a Transboundary Context: https://www.unece.org/fileadmin/DAM/env/documents/2006/eia/ece.mp.eia.7.pdf
Guidance on the Application of the Environmental Impact Assessment Procedure for Large-scale Transboundary Projects: http://ec.europa.eu/environment/eia/pdf/Transboundry%20EIA%20Guide.pdf
Guide to the Aarhus Convention Compliance Committee, https://www.unece.org/fileadmin/DAM/env/pp/compliance/CC_Guidance/Guide_to_the_Aarhus_Convention_Compliance_Committee__2019.pdf#page=1&zoom=auto,-82,848
United Nations Economic Commission for Europe, The Aarhus Convention: An implementation guide, 2014
UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, http://www.unece.org/environmental-policy/conventions/public-participation/publications/public-participation/convention-on-access-to-information-public-participation-in-decision-making-and-access-to-justice-in-environmental-matters/convention-on-access-to-information-public-participation-in-decision-making-and-access-to-justice-in-environmental-matters/doc.html
Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (transposition by 1 January 2018 and implementation by 31 March 2018)
Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage, as amended by Directive 2006/21/EC, Directive 2009/31/EC and Directive 2013/30/EU (implementation by 1 January 2021)
Directive 79/409/EEC of the Council of 2 April 1979 on the conservation of wild birds (implementation on the entry into force of the Treaty i.e. 1 July 2006)
Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, as amended by Council Directives 97/11/EC of 3 March 1997 (implementation on the entry into force of the Treaty i.e. 1 July 2006), Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (implementation by 14 October 2016) and Directive 2014/52/EU (implementation by 1 January 2019)