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Veeteede Amet · 23. oktoober 2020
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6-3-1/2731
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6-3-1 Projektid, detailplaneeringud ja muud dokumendid ehitustegevuse kohta veeteedel ja navigatsioonimärkide vahetus läheduses
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6-3-1/2020
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Ott Küüsmaa (Veeteede Amet, Kasutajad, Hüdrograafia ja navigatsioonimärgistuse teenistus, Laevateede osakond)
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23. november 2020

Failid

  • 📎Lisa 1 - Draft Site Development Plan 2020 EN.pdf4021 KB
  • 📎Lisa 2 - Draft Environmental Report North Sea EN.pdf2725 KB
  • 📎Lisa 3 - Draft Environmental Report Baltic Sea EN.pdf1552 KB
  • 📎Saksamaa meretuulepargialade arendamise planeerimisdokumendi muutmise piiriülene keskkonnamõju hindamine.asice7352 KB

Sisu (failidest)

Draft Site Development Plan 2020 for the German North Sea and Baltic Sea Hamburg, 4 September 2020 2 Introduction Content 1 Introduction 4 The central model 4 Legal basis of the land-based network development plan 5 Purpose and objectives of the site development plan 5 Object of the site development plan 5 2 Process for the expansion of offshore wind energy 7 Site development plan 8 2.1.1 Competence 8 2.1.2 Initial installation 8 2.1.3 Updating/modification 8 2.1.4 Voting requirements 9 2.1.5 Requirement for agreement 9 Investigation of sites 9 Call for tenders 10 Plan approval of offshore wind energy installations connected to the grid 11 Interfaces with other instruments of network planning 12 2.5.1 Scenario framework 12 2.5.2 Network development plan 12 2.5.3 Federal requirements plan 13 2.5.4 Ten-Year Network Development Plan 13 2.5.5 Further interfaces with network planning instruments 13 Existing spatial planning and planning 14 2.6.1 Exclusive Economic Zone 14 2.6.2 Lower Saxony 16 2.6.3 Schleswig-Holstein 16 2.6.4 Mecklenburg-Western Pomerania 16 3 Starting Position 16 Current status of expansion 16 Statutory expansion path for offshore wind energy 19 Introduction 3 4 Guidelines and basic principles 19 Introduction 19 Connection concepts 20 4.2.1 Standard concept North Sea: Direct current system 20 4.2.2 Standard concept Baltic Sea: three-phase system 20 Standard technical principles 20 4.3.1 Direct current system North Sea 20 4.3.2 Three-phase system Baltic Sea 21 4.3.3 Cross-border submarine cable systems 21 Planning Principles 21 4.4.1 General principles 21 4.4.2 Sites and wind turbines at sea 23 4.4.3 Platforms 24 4.4.4 Submarine cable systems 25 Possibilities deviations 26 4.5.1 Standardised technology principles 26 4.5.2 Planning principles 26 Planning horizon 26 Determination of the expected generation capacity 26 4.7.1 Aim of the generation capacity determination 26 4.7.2 Methodology of generation capacity determination 26 4.7.3 Power density in zone 3 27 Criteria for determining the site and the chronological order of their tendering 29 4.8.1 Methodology of applying the criteria 29 4.8.2 Description of the criteria to be applied 29 5 Rules 30 Areas for the installation and operation of offshore wind turbines 30 5.1.1 Definition of areas and sectoral planning framework 32 5.1.2 The areas in detail 33 Sites for the construction and operation of offshore wind turbines 37 5.2.1 Determination of sites 37 4 Introduction 5.2.3 Relevant criteria for deciding against the establishment of an site 41 Expected generation capacity 41 5.3.1 Plausibility check of the expected generation capacity 41 Specifications for the territorial sea 42 5.4.1 Need for an administrative agreement 42 5.4.2 Areas for the installation and operation of offshore wind energy turbines 42 5.4.3 Sites for the installation and operation of offshore wind energy turbines 42 5.4.4 Specifications on the test site 42 Chronological sequence of tenders for the sites 43 5.5.1 Chronological sequence of tenders for the sites 43 5.5.2 Representation of the review of the time sequence based on references to offshore connecting cables, grid connection points and the network43 Calendar year of commissioning for offshore wind turbines and connecting lines 44 Locations of converter platforms, collection platforms and substations 44 Routes or route corridors for offshore connecting lines 44 Gates to coastal waters 45 5.9.1 Current status 45 5.9.2 Definition of border corridors to the territorial sea 45 Routes and route corridors for cross-border power lines 46 5.10.1 Current status 46 5.10.2 Definition of routes and corridors for cross-border electricity lines 46 Routes and route corridors for connections between installations 51 6 Rules for pilot offshore wind turbines 51 Available grid connection capacities 51 Spatial requirements 51 Technical conditions and requirements for grid connection 51 7 Areas for other forms of energy generation 52 Call for tenders for other forms of energy generation 52 Planning approval of other forms of energy generation plants 52 Introduction 5 Definition of areas for other forms of energy generation 52 8 Conformity of the rules with private and public concerns 55 Legal grounds for exclusion 55 8.1.1 Compliance with spatial planning requirements 55 8.1.2 No hrisk to the marine environment 56 8.1.3 No negative impact on safety or ease of traffic 56 8.1.4 No impairment of the security of national and Alliance defence 57 8.1.5 No location in a legally designated protected area 57 8.1.6 No location outside the areas and sites designated in BFO clusters or by coastal states 57 Other public and private interests 58 Admissibility of the specification of areas 60 Admissibility of specification of the sites 61 Admissibility of further designations 62 9 Summary consideration 63 10 Summary environmental declaration and monitoring measures 63 11 Bibliography 64 12 Annex: Maps (information purposes) 68 13 Annex: Informational illustration of a long-term development path (scenario framework 2021-2035) 74 6 Introduction List of figures Figure 8: Areas in the German North Sea EEZ ............................................................................. 31 Figure 9: Areas in the German Baltic Sea EEZ ............................................................................. 31 Figure 10: Areas and sites in the German North Sea EEZ ............................................................ 39 Figure 11: Sites in areas N-3, N-6, N-7, N-9 and N-10 in the German North Sea EEZ .................. 39 Figure 12: Areas and sites in the German Baltic Sea EEZ ............................................................ 40 Introduction 7 List of tables Table 4: Overview of areas for offshore wind energy .................................................................... 30 Table 5: Summary overview of the areas in the FEP 2019 ............................................................ 37 Table 6: Overview of areas and sites for offshore wind energy ..................................................... 37 Table 7: Overview of the relevant criteria for the decision against a zoning................................... 41 Table 8: Overview of the power expected to be installed on the sites for offshore wind turbines ... 41 Table 10: Overview of the chronological order of sites to be tendered using criteria 1 to 8............ 43 Table 11: Overview of calendar years of commissioning for offshore connecting lines, taking into account the notes listed in Chapter 5.5 ......................................................................................... 44 Table 12: Overview of train paths defined in the FEP for connections between installations ......... 51 BKG EEA 2 Introduction List of abbreviations AC alternating current BfN Federal Agency for Nature Conservation BFO Federal Offshore Grid Plan BFO-N Federal Offshore Grid Plan North See BFO-O Federal Offshore Grid Plan Baltic Sea BGBl Federal Law Gazette BKG Federal Agency for Cartography and Geodesy BMIE Federal Ministry of the Interior, for Building and Community BMVBS Federal Ministry of Transport, Building and Urban Affairs BNatSchG Act on nature conservation and landscape management (Federal Nature Conservation Act) BNetzA Federal Network Agency für Electricity, Gas, Telecommunications, Post and Railway BSH Federal Maritime and Hydrographic Agency DC direct current EEA European Environmental Agency EEG Act for the expansion of renewable energies (Renewable Energy Sources Act) EEZ Exclusive Economic Zone EnWG Act on the supply of electricity and gas (Energy Industry Act) FEP Site Development Plan GDWS General Directorate for Waterways and Shipping GW gigawatt kV kilovolt MW megawatt NEP Network Development Plan nm nautical mile NVP grid connection point O-NEP Offshore Network Development Plan OWP offshore wind farm PlanSiG Act to ensure proper planning and approval procedures during the COVID 19 pandemic ROG Spatial Planning Act Introduction 3 SRÜ United Nations Convention on the Law of the Sea TSO Transmission System Operator UVPG Act on Environmental Impact Assessment VDE A ssociation for Electrical, Electronic & Information Technologies VSC voltage sourced converter WindSeeG Act for the development and promotion of offshore wind energy WindSeeG-E Draft of a law amending the Wind Energy at Sea Act and other regulations WTG wind turbine 4 Introduction 1 Introduction According to the agreement signed on 11 May 2020 between the Federal Government, the Following the publication of the Site coastal federal states and the transmission Development Plan 2019 (FEP 2019) on 28 June system operators 50Hertz, Amprion and TenneT 2019 in accordance with the provisions of the for the implementation of 20 GW of offshore wind German Act on the Development and Promotion energy by 2030, it is considered necessary to of Offshore1 Wind Energy (WindSeeG), a new continue the FEP until the end of 2020, taking site development plan (FEP) has been drawn up into account the spatial plans for the exclusive on the basis of the plan approved by the Cabinet economic zone, which are currently being on 3 June 2019. On the basis of the Draft Act updated, and the spatial plans of the coastal amending the Offshore Wind Energy Act and states (Bundesministerium für Wirtschaft und other provisions adopted by the Cabinet on 3 Energie, 2020). June 2020,2 and in particular due to the As far as the legal framework conditions are increased expansion path of 20 gigawatts available, the process is to be completed by the (section 1 para. 2 WindSeeG Draft (hereinafter end of 2020. WindSeeG-E)3 Offshore Wind Energy by 2030 provided for therein, it is necessary to update The central model and amend FEP 2019. The draft act (section 1 subsection 2 WindSeeG-E) also provides for a The year 2017 marks a system change in the long-term target of 40 GW by 2040. field of offshore wind energy. On the basis of the Act on the Development and Promotion of Wind In the context of this update of the FEP, it is Energy at Sea (Wind Energy at Sea Act - expected that areas up to and including zone 3 WindSeeG), the Federal Maritime and of the exclusive economic zone will be defined. Hydrographic Agency (BSH) is responsible for It is planned to define sites for the the central development and, on behalf of the implementation of 20 GW by 2030. The definition Federal Network Agency (BNetzA), for the of areas and land will ensure a sufficient, preliminary investigation of areas for the plannable expansion path until around 2035 and construction and operation of offshore wind at the same time will make it possible to turbines. incorporate the results of the current parallel process of updating the spatial plans for the The central model describes a staged planning exclusive economic zone. and tendering process. In the first step, spatial and temporal specifications for offshore wind On 9 October 2019, the Federal Cabinet had energy sites are defined in the Site Development already adopted the detailed Climate Protection Plan (FEP). The next step is the preliminary Programme 2030 for the implementation of the investigation of the sites defined in the FEP. Climate Protection Plan 2050, with the aim of After the preliminary investigation has been increasing the expansion of offshore wind carried out, the sites will be auctioned off in a energy to 20 GW in 2030. competitive procedure in which the information 1 eines-gesetzes-zur-aenderung-des-windenergie-auf-see- Act of 13 October 2016, Federal Law Gazette I p. 2258, 2310, last amended by Article 2 of the Act of 25 May 2020, gesetzes.pdf?__blob=publicationFile&v=6 Federal Law Gazette I p. 1071. 3 Act of 13 October 2016, Federal Law Gazette I p. 2258, 2 Available at 2310, last amended by Article 2 of the Act of 25 May 2020, https://www.bmwi.de/Redaktion/DE/Downloads/E/entwurf- Federal Law Gazette I p. 1071. Introduction 5 from the preliminary investigation will be made Government, represented by the BSH, and the available to the bidders. competent state, the FEP may also make planning specifications for the territorial sea. The successful bidder will be able to erect wind turbines on the site after the approval procedure, § Section 4 para. 2 WindSeeG stipulates that the is entitled to the market premium and may use FEP shall make specifications for the the connection capacity. development of offshore wind turbines and the offshore connecting pipelines required for this The central model applies to the commissioning purpose, of offshore WTGs from 2026 onwards. - to achieve the expansion targets in accordance In the central model, the FEP is thus the with section 1 (2) sentence 1 WindSeeG-E, controlling planning instrument for the whereby the installed capacity may exceed 20 synchronous expansion of wind energy and its gigawatts by 2030 (section 4 (2) no. 1 grid connections at sea. WindSeeG-E), The previous Federal Offshore Grid Plan (BFO) - expand electricity generation from offshore of the BSH for the Exclusive Economic Zone wind turbines in a spatially ordered and space- (EEZ) of the North Sea and Baltic Sea and parts saving manner, and of the previous Offshore Grid Development Plan (O-NEP) confirmed by the BNetzA are - to ensure the orderly and efficient use and incorporated into the FEP. The need for offshore capacity utilisation of the offshore connecting connecting lines will be determined on the basis lines and to plan, construct, commission and use of the FEP's specifications in the onshore offshore connecting lines in parallel with the network development plan (NEP). expansion of electricity generation from wind turbines at sea. Legal basis of the land-based According to section 4 subsection 3 WindSeeG, network development plan the FEP can make specifications for offshore According to §§ 4ff. WindSeeG, the BSH wind turbines and other energy generation prepares an FEP in agreement with the Federal plants which are not connected to the grid with Network Agency (BNetzA) and in coordination the aim of enabling the practical testing and with the Federal Agency for Nature Conservation implementation of innovative concepts for other (BfN), the Directorate General for Waterways energy generation not connected to the grid in a and Shipping (GDWS) and the coastal states. spatially ordered and space-saving manner. In addition, the provisions of the Renewable The FEP primarily serves to implement the Energy Sources Act (EEG 2017) and the purpose of the WindSeeG. Environmental Impact Assessment Act (UVPG) With regard to the expansion of offshore wind apply. energy, the objective under section 1 subsection (2) WindSeeG-E is to increase the installed Purpose and objectives of the capacity of offshore wind turbines connected to site development plan the grid from 2021 to a total of 20 gigawatts by According to § 4 para. 1 WindSeeG, the purpose 2030 and to a total of 40 gigawatts by 2040, of the FEP is to make sectoral planning whereby the capacity installed by 2030 may specifications for the EEZ of the Federal exceed 20 gigawatts. Republic of Germany. In accordance with an administrative agreement between the Federal Object of the site development 6 Introduction plan 9. corridors for cross-border electricity In accordance with the legal mandate of § 5 lines, para. 1 WindSeeG, the FEP contains provisions 10. corridors for possible connections for the period from 2026 to at least 2030 for the between the installations mentioned in German EEZ and in accordance with the points 1, 2, 6, 7 and 9, and following provisions for the territorial sea: 11. Standardised technology principles 1. areas; in territorial waters, areas can and planning principles only be defined if the competent state has designated the areas as a The FEP may also determine the following possible subject of the FEP pursuant to section 5 para. 2 WindSeeG: 2. sites in the areas defined in - test sites near the coast outside areas for a total accordance with point 1; in territorial of no more than 40 square kilometres; test sites waters, sites can only be defined if the can only be defined in territorial waters if the competent state has identified the country has designated the area as a possible sites as a possible subject of the FEP subject of the FEP and at least partially for test purposes; if a test site is actually not used or is 3. the chronological order in which the only used to an insignificant extent, a defined sites are to be put up for subsequent FEP may lift the definition of the test tender pursuant to Part 3 Section 2 site and define areas and sites instead, WindSeeG, including the designation of the respective calendar years - the calendar years in which pilot wind turbines at sea and the corresponding test site 4. the calendar years, including the connection line are to be commissioned for the quarter in the respective calendar first time on the defined test sites, and year (WindSeeG-E), in which the subsidised offshore wind turbines and - the capacity of the corresponding test field the corresponding offshore connection line; connection line are to be - show grid connection capacities available for commissioned on the defined sites, areas in the exclusive economic zone and in 5. the expected capacity of offshore territorial waters on existing offshore connecting WTGs to be installed in the defined lines or on offshore connecting lines to be areas and on the defined sites, completed in the following years which can be allocated to pilot offshore wind energy 6. locations of converter platforms, installations in accordance with section 70(2). collection platforms and, where possible, substations, In addition, under section 5 (2a) sentence 1 WindSeeG-E, other energy production areas 7. routes or route corridors for offshore outside of areas for a total of 25 to 70 square connecting pipelines, kilometres may be defined and spatial and 8. places where the offshore connecting technical specifications for other energy lines cross the boundary between the production installations for lines or cables which exclusive economic zone and the carry energy or energy sources from them may territorial sea be made or, in the event of a shortage of routes, such lines or cables may be excluded. Process for the expansion of offshore wind energy 7 According to section 4 subsection (1) sentence 2 Process for the expansion 2 WindSeeG, sectoral planning specifications for the territorial sea may be made for areas, sites, of offshore wind energy the chronological order of calls for tenders for the With the WindSeeG, a new procedure for the sites, the calendar years of commissioning and expansion of offshore wind energy has been the expected output to be installed, as well as for introduced for offshore wind turbines that will be test sites and other energy production areas. In commissioned from 2026. Various cascades accordance with an administrative agreement have to be passed from the overall development between the Federal Government, represented of the sites to the approval procedure for the by the Federal Maritime and Hydrographic wind turbines and connecting pipelines. Agency, and the competent Land, the individual specifications for the territorial sea are defined in First of all, the FEP will be responsible for the more detail. development of the offshore wind farm in accordance with § 4 ff. WindSeeG for the expansion of offshore wind turbines and offshore connecting pipelines in the EEZ. The aim of determining the chronological order of realisation of the sites is that from 2026 onwards, offshore wind turbines will be commissioned on these areas and at the same time the offshore connecting lines required to connect these sites will be completed so that the existing offshore connecting lines are used efficiently and at full capacity. At the next stage, the areas under §§ 9 ff. WindSeeG. This concerns investigations of the marine environment, preliminary exploration of the subsoil and the wind and oceanographic conditions for the site to be investigated. This is intended to speed up the subsequent planning approval procedure for offshore wind turbines on these sites. Based on the results of the preliminary investigation, the suitability of the sites for the tender will then be examined. If the suitability is determined, the information including the results of the investigation and the specification of the capacity to be installed will be determined by statutory order and forwarded to the BNetzA. The BNetzA then invites tenders for the site for the competitive determination of the market premium and publishes the results of the 8 Process for the expansion of offshore wind energy investigations and information determined in the 2.1.2 Initial installation course of the preliminary investigations (cf. §§ 14 In 2018 and 2019, the BSH established the FEP ff. WindSeeG). Only the successful bidder can for the first time and carried out a Strategic later submit an application for planning approval Environmental Assessment. The FEP 2019 was for the construction and operation of offshore publicly announced on 28 June 2019. wind farms on the respective site. The acceptance of the bid is also associated with a 2.1.3 Updating/modification claim to the connection of the wind turbines to Pursuant to section 8 subsection 1 WindSeeG, the offshore connection line specified in the FEP the FEP may be amended or updated on the and the allocated grid connection capacity on the basis of a proposal by the BSH or the BNetzA, connection line. whereby the decision on the time and scope of a After the contract has been awarded in the procedure for amendment or update shall be tender procedure, the successful bidder or the taken by mutual agreement between the BSH correspondingly entitled party can submit an and the BNetzA. application for planning approval in accordance The FEP shall be amended or updated in with §§ 44 ff. WindSeeG. At this level of the accordance with § 5 WindSeeG if the objectives planning cascade, the BSH examines whether a under § 4 WindSeeG require the definition of specific project is eligible for approval. If all other or additional areas and sites or a change prerequisites are met and the result of the in the chronological order of the preliminary examination is positive, the procedure concludes investigation of the sites, for example because with the issue of the planning approval decision. sites investigated were found to be unsuitable. However, it shall be updated at least every four years (cf. section 8 subsection (2) sentence 1 WindSeeG). The following summary presents the individual procedural steps in the updating of the FEP. Overview of the process steps  Notification of initiation, expected scope Figure 1: The site development plan in the overall system of the central model for the German North Sea and Baltic Sea EEZ and conclusion of the procedure With regard to the coastal sea, reference is  Preparation of the preliminary draft and scope of the environmental assessment made to Chapter 5.4.  Participation of authorities and the public Site development plan  Notification of the North and Baltic Sea § Section 6 WindSeeG regulates the procedure countries for setting up the FEP from the announcement of  Delivery of the joint opinion of the TSOs the initiation of the procedure to the  Hearing date, if necessary according to § announcement of the completed plan. 5 para. 6 PlanSiG 2.1.1 Competence  Definition of the scope of the environmental assessment According to § 6 WindSeeG, the BSH is responsible for preparing the FEP. Process for the expansion of offshore wind energy 9 In the case of site in territorial waters, the  Preparation of the draft FEP and draft environmental report (SEA) BNetzA shall have the preliminary investigations carried out by the competent authority under  Participation of authorities and public Land law in accordance with section 11 (1) (national and international) sentence 2 no. 2 WindSeeG on behalf of the  Discussion date, if necessary in BSH in accordance with an administrative accordance with § 5 para. 1 PlanSiG agreement.  Review of the environmental report (SEA) The preliminary investigation of sites is carried in the light of national and international comments out with the aim of ensuring that the BNetzA selects suitable sites in accordance with  Consideration of the review in the draft sections 16 et seq. WindSeeG. The successful FEP bidder must then undergo a planning approval  Coordination with the BfN, the GDWS and procedure for the construction and operation of the coastal countries offshore wind turbines pursuant to Articles 44 et  Establishing agreement with the BNetzA seq. WindSeeG at the BSH.  Publication of the FEP and the In accordance with section 9 para. 1 WindSeeG, environmental report by the end of 2020 the preliminary investigation is carried out with  Sending a summary statement to the the aim of North and Baltic Sea countries involved - to provide bidders with the information enabling them to determine the market premium in 2.1.4 Voting requirements accordance with § 22d EEG on a competitive basis and According to § 6 para. 7 WindSeeG, the FEP is prepared in coordination with the BfN, the - determine the suitability of the sites and GDWS and the coastal states. - to examine individual objects of investigation in advance in order to accelerate the subsequent 2.1.5 Requirement for agreement planning approval procedure on these sites. The The FEP is established and updated in procedure for carrying out the preliminary accordance with section 6 para 7 WindSeeG in investigation, including the suitability test of site agreement with the BNetzA. defined in the FEP, is governed by § 12 WindSeeG. Investigation of sites A Strategic Environmental Assessment (SEA) According to § 11 (1) sentence 1 WindSeeG, the must also be carried out. BNetzA is responsible for the preliminary investigation of site. The BNetzA shall have the According to § 9 Para. 3 WindSeeG-E, the preliminary investigation of sites in the EEZ preliminary examination of sites is to be carried carried out by order of the BSH in accordance out in such a way that the preliminary with the administrative agreement of March 2017 examination of at least those sites which are to and pursuant to section 11 para. 1 sentence 2 be put out to tender according to the FEP in this no. 1 Wind-SeeG. The BSH thus performs the calendar year is completed before the invitation tasks of the body responsible for the preliminary to tender is announced. As far as possible, the investigation within the meaning of the Act on preliminary investigation of those areas which sites in the German EEZ in accordance with are to be put out to tender in the following section 11 para. 2 sentence 1 WindSeeG. calendar year according to FEP should also be 10 Process for the expansion of offshore wind energy completed before the announcement of the is distributed over the sites examined in advance invitation to tender in a calendar year according which are to be put out to tender in the respective to § 19. Insofar as this is necessary for calendar year according to the FEP, provided compliance with the requirements, the that several sites are planned in the FEP for preliminary examination of sites may already be tendering in one year and the power expected to commenced on the basis of a draft of the FEP in be installed on them together form the tender accordance with section 6 (4) sentence (section volume. The share of an aite in the tender 9 (3) sentence 2 WindSeeG-E). volume is determined according to the FEP and the power to be installed on the sites determined In detail, the following steps are provided for by in the preliminary investigation. law: Six months before the bidding date, the BNetzA Summary of the procedural steps shall publish the invitation to tender pursuant to - Notification of the opening of the procedure section 19 WindSeeG, including the respective information and documents to be provided by the - Consultation meeting BSH pursuant to section 10 (1) WindSeeG, - Definition of the scope of the investigation together with the other information required by law, on its website. - Preparation of information on the marine environment, preliminary exploration of the The Federal Network Agency shall award the subsoil and wind and oceanographic contract to the bidder with the lowest bidding conditions value or, in the case of the dynamic bidding procedure pursuant to section 23a (4) - Suitability test and determination of the WindSeeG-E, to the bidder agreeing to the power to be installed highest bidding level for each site put out to - Determination of suitability by a statutory tender. The value to be invested is the bid value instrument of the bid awarded or, in the case of the dynamic - Interpretation of the documents pursuant to § bidding procedure, the bid at the level of the 44 (2) UVPG bidding level. - Transmission of information to the BNetzA With the award of the contract in accordance with § 23 or § 23a WindSeeG-E, the successful bidder has the exclusive right to carry out a planning approval procedure on the respective Call for tenders site, whereby the information and the suitability For sites that have been determined to be determination of the preliminary investigation will suitable, the BNetzA determines the value to be benefit the successful bidder. applied for the market premium and the Furthermore, he is entitled to the market respective beneficiary for this in a tender. For premium pursuant to § 19 of the EEG to the this purpose, the BNetzA is responsible under §§ extent of the knocked down bid quantity on the 16 ff. WindSeeG is responsible for this. respective site, as long as and to the extent that In accordance with § 17 sentence 1 WindSeeG, the further conditions for the claim pursuant to § the BNetzA will issue a call for tenders annually 19 of the EEG are fulfilled. In addition, the bidder on the bidding date of 1 September from 2021 is entitled to the connection of the WTGs on the onwards. No more than the quantities specified respective site to the offshore connecting line in the FEP may be tendered. The tender volume specified in the FEP from the binding completion Process for the expansion of offshore wind energy 11 date and the allocated grid connection capacity planned locations of converter platforms or on the offshore connecting line specified in the transformer stations, the obligation pursuant to FEP from the binding completion date in section 66 subsection (2) WindSeeG has been accordance with § 17d (2) sentence 9 of the effectively declared and other requirements Energy Industry Act (EnWG). under the WindSeeG and other provisions under public law are complied with. Plan approval of offshore wind A planning approval or planning permit for a wind energy installations connected energy installation at sea is granted for a limited to the grid period of 25 years. A subsequent extension of Reference is made to Chapter 2.4 of the FEP the time limit by a maximum of five years is 2019. A revision is made in the draft of the FEP possible on a one-time basis if the FEP does not 2020. provide for an immediate subsequent use in accordance with section 8 subsection (3) Once the BNetzA has been awarded the contract WindSeeG (cf. section 48 subsection (7) from the calls for tenders, applications for WindSeeG). planning approval can be submitted for the site to which the plan relates in accordance with The plan approval or plan permit requires the section 46(1) WindSeeG. According to section consent of the Waterways and Shipping 45 subsection (2) WindSeeG, the BSH is the Administration (§ 50 WindSeeG-E). competent authority for the hearing, plan If the plan approval or plan permit becomes approval and plan licensing procedure. ineffective, the installations pursuant to § 58 para In addition to the legal requirements of Section 1 WindSeeG shall be removed to the extent 73 para. 1 sentence 2 of the Administrative required by the above-mentioned concerns. Procedure Act (VwVfG), the plan must include In accordance with WindSeeG-E, awarded the information contained in Section 47 para. 1 bidders must of the Wind-SeeG. - submit to the BSH, within 12 months of the Pursuant to Section 48 para. 3 WindSeeG-E, the award of the contract, the documents required BSH may, in the plan-approval decision, for the consultation procedure on the plan, determine measures and specify deadlines by the expiration of which the measures must be - provide the BNetzA with proof of existing completed in order to ensure the expeditious financing for the construction of WTGs to the construction and commissioning of the project, extent of the bidding volume at least 30 months taking into account the time schedule and plan before the binding completion date, of measures submitted by the project owner. - at the latest six months before the binding The plan may only be adopted under certain completion date, provide the BNetzA with proof conditions listed in section 48 subsection 4 that construction of the wind turbines has begun, WindSeeG. These include that the marine - within six months of the binding completion environment is not endangered, the safety and date, provide the BNetzA with proof that at least ease of traffic is not impaired, the security of one wind turbine has been made technically national and alliance defence is not ready for operation, compromised, the plan is compatible with priority - and, within 12 months of the binding completion mining activities, it is compatible with existing date, provide proof to the BNetzA that technical and planned cable, offshore connection, pipe and other lines, it is compatible with existing and 12 Process for the expansion of offshore wind energy operational readiness has been achieved overall Article 12b EnWG to the regulatory authority for (cf. section 59 subsection (2) WindSeeG-E). confirmation in each even calendar year, which must contain, among other things, all effective In principle, a financial penalty must be imposed measures for demand-based optimisation, in the event of a breach of the deadlines. reinforcement and expansion of the grid which Interfaces with other are necessary for secure and reliable grid operation at the latest by the end of the period instruments of network planning under consideration within the meaning of the The changeover to renewable energies and thus scenario framework pursuant to Article 12a (1) also the expansion of offshore wind energy is sentence 2 EnWG. associated with a nationwide necessary The NEP takes into account the Community- expansion of the grid. In order to determine the wide network development plan (Ten-Year need for grid expansion, the nationwide need for Network Development Plan, TYNDP for short, expansion of transmission grids is examined and see Chapter 2.5.4). determined in a legally established procedure consisting of several instruments with the Starting with the submission of the first draft of participation of the public. the NEP in 2019, it also contains all effective measures for the demand-oriented optimisation, In the following, the interfaces with the other reinforcement and expansion of the offshore instruments of network planning are presented connecting lines in the exclusive economic zone with reference to the FEP. and in the territorial sea, including the grid 2.5.1 Scenario framework connection points on land, which are necessary for a gradual, demand-oriented and economic Under Article 12a of the Energy Industry Act, the expansion as well as for the safe and reliable TSOs draw up a common scenario framework operation of the offshore connecting lines and every two years, in each even calendar year, the onward transport of the electricity generated which describes the probable developments of at sea by the end of the period under the German electricity supply system. The consideration pursuant to section 12a (1) scenario framework comprises at least three sentence 2 EnWG. Based on the specifications development paths (so-called scenarios) which of the last published FEP, the NEP also provides cover the range of probable developments within information on the planned date of completion for the framework of the medium- and long-term these measures. energy policy objectives of the Federal Government for the next ten and 15 years at According to Article 12c (4) EnWG, the BNetzA least. One of the scenarios must represent the should confirm the NEP by 31 December of each probable development for the next 15 and 20 odd calendar year at the latest, taking into years at least. The scenario framework is the account the results of the participation of the basis for the preparation of the NEP pursuant to authorities and the public. Article 12b EnWG for determining the expansion From 1 January 2019, the TSOs are required requirement in the transmission grid and is under section 17d (1) EnWG to construct and approved by the BNetzA after a consultation and operate the offshore transmission lines in review pursuant to Article 12a (3) EnWG. accordance with the specifications of the NEP and the FEP. The TSOs have to start 2.5.2 Network development plan implementing the grid connections of offshore On the basis of the scenario framework, the WTGs in accordance with the specifications of TSOs submit a joint national NEP pursuant to Process for the expansion of offshore wind energy 13 the NEP and the FEP and to rapidly advance the 2.5.3 Federal requirements plan construction of the grid connections of offshore WTGs. 2.5.4 Ten-Year Network Development Plan According to Article 8 (3 b) of Regulation (EC) In the context of the establishment of the FEP 2019, some comments requested that the O- No 714/2009 of the European Parliament and of NEP approved by the BNetzA on 22 December the Council of 13 July 2009 on conditions for 2017 be taken into account. On the one hand, access to the network for cross-border exchanges in electricity and repealing reference is made to Section 17c (1) sentence 2 EnWG, according to which the confirmation of Regulation (EC) No 1228/2003, the European the O-NEP for offshore connecting lines whose Transmission System Operators for Electricity planned date of completion is after 2025 is (ENTSO-E) shall adopt a non-binding subject to the corresponding specification of the Community-wide ten-year network development plan ("Community-wide network development respective offshore connecting line in the FEP. Accordingly, the confirmation of O-NEP 2017- plan") including a European generation 2030 and the commissioning of the connection adequacy outlook every two years. systems confirmed there is subject to the In this context, on 28 November 2018, the corresponding confirmation in NEP 2019-2030 European TSOs ENTSO-E submitted a so- on the basis of the specifications of the FEP in called Ten-Year Network Development Plan accordance with section 12c (4) sentence 1 (TYNDP 2018) in the consulted and final version EnWG in conjunction with section 12b (1) to the Agency for the Cooperation of Energy sentence 4 no. 7 EnWG. This reservation shall Regulators (ACER) and published it. no longer apply to the confirmation and This plan contains supra-regional and commissioning of the connection systems OST- international expansion measures which are 2-1, OST-2-2 and OST-2-3, since at least one important for cross-border European electricity existing wind farm project in accordance with transmission. The results developed at national section 37 subsection (1) No. 2 WindSeeG has level in the NEP are included in the relevant been awarded capacity on the respective TYNDP.Bundesnetzplan connection system by way of a bidding procedure within the framework of the second 2.5.5 Further interfaces with network bidding deadline pursuant to section 26 planning instruments subsection (1) WindSeeG. On the other hand, it Furthermore, the following interfaces with is pointed out that the criteria of the O-NEP for network planning instruments are pointed out: the chronological sequence of the implementation of the offshore connecting lines - EU Regulation 2016/631 on the establishment in accordance with § 17b para. 2 sentence 3 of a grid code with grid connection provisions for EnWG differ from the criteria of the FEP for the electricity producers determination of the sites and the chronological - EU Regulation 2016/1447 establishing a grid sequence of their tendering in accordance with § code setting out grid connection rules for high- 5 para. 4 sentence 2 WindSeeG and also refer voltage direct current transmission systems and to different definitions, so that the completion non-synchronous power generation systems dates for offshore connecting lines may differ in with direct current connection principle. Consequently, the confirmation of O- NEP 2017-2030 in the FEP for offshore - VDE application regulation VDE-AR-N 4130, connecting lines after 2025 cannot be taken into "Technical rules for the connection of customer account. 14 Process for the expansion of offshore wind energy installations to the extra-high voltage grid and details for the respective sector, taking into their operation". account the requirements of regional planning. - VDE application regulation VDE-AR-N 4131, 2.6.1 Exclusive Economic Zone "Technical rules for the connection of HVDC transmission systems and generating plants In the EEZ, the legal basis for the preparation of connected via HVDC transmission systems". maritime spatial planning plans has been in place since 2004 (see Chapter 2.6.1.2). Existing spatial planning and In the wake of the resolutions on the energy planning system transformation in June 2011 and the In Germany there is a tiered planning system of associated changes in legislation, the BSH was spatial planning through the Federal Spatial given the task of drawing up and regularly Planning Act (Bundesraumordnung) as well as updating a sectoral plan for offshore electricity state and regional planning to coordinate all grids in the German EEZ, the Federal Offshore spatial requirements and concerns arising in a Grid Plan (see Section 2.6.1.1). given area. According to § 1 (1) sentence 2 of 2.6.1.1 Federal Offshore Grid Plans the Spatial Planning Act (Raumordnungsgesetz, ROG), this system is used to coordinate different The task of federal sectoral planning is now spatial requirements in order to balance out performed by the FEP with additional tasks, conflicts arising at the respective planning level particularly with regard to the determination of and to make provisions for individual uses and the chronological order of realisation of areas for functions of the space. offshore wind turbines and offshore connecting lines. Reference is made to Chapters 2.1 and The tiered system means that the plans are 2.5. further specified by the subsequent planning levels. According to Article 1 para. 3 ROG, the The first Federal Offshore Sectoral Plan for the development, organisation and safeguarding of North Sea EEZ 2012 was published on 22 the subspaces should be integrated into the February 2013. The first Federal Offshore conditions and requirements of the overall area, sectoral plan for the Baltic Sea EEZ 2013 and the development, organisation and followed on 7 March 2014. Both plans were last safeguarding of the overall area should take into updated for the years 2016/2017. The provisions account the conditions and requirements of its of both plans apply to projects in the so-called subspaces. transitional system. These are projects with WTGs which will be in operation until 2026 and The Federal Ministry of the Interior, for Building which, in accordance with the provisions of the and Community (BMI) is now responsible for WindSeeG, have been awarded a contract in the regional planning at federal level in the EEZ. framework of tenders for existing projects. In contrast, the respective federal state is responsible for state planning for the entire area 2.6.1.2 Spatial plans of the state, including the respective coastal sea. For sustainable spatial development in the Regional planning is the responsibility of the German EEZ of the North and Baltic Seas, the individual federal states. BSH is carrying out the preparatory steps for the updating of the spatial plans on behalf of the In addition to regional planning for the respective BMIB. As early as 2009, the BSH drew up the areas of responsibility, there are sectoral plans spatial plans for the German North Sea and based on sectoral laws for certain specific Baltic Sea EEZs on behalf of the then Federal planning areas. Sectoral plans serve to define Process for the expansion of offshore wind energy 15 Ministry of Transport, Building and Urban Affairs relevant. With regard to offshore wind energy, (BMVBS). both spatial plans contain, among other things, the objectives and principles of spatial planning The BMVBS regulation on spatial planning in the for offshore wind energy (3.5) and submarine German EEZ in the North Sea of 21 September cables (3.3). 2009 (BGBl. I p. 3107) came into force on 26 September 2009. On 19 December 2009, the In the process of preparing the spatial plans, a BMVBS regulation on spatial planning in the Strategic Environmental Assessment was also German EEZ in the Baltic Sea of 10 December carried out to identify, describe and evaluate the 2009 (BGBl I p. 3861) came into force. mainly significant environmental impacts on the protected assets. In marine spatial planning, the international provisions of the United Nations Convention on The existing plans are currently in the process of the Law of the Sea (UNCLOS) must be observed being updated (see background information in particular. In addition to the scientific and below). economic use of the oceans, the interests of shipping and nature conservation are particularly background information: Status of the updating procedure of the spatial plans for the German EEZ in the North and Baltic Sea The updating of the spatial plans for the German EEZ in the North Sea and Baltic Sea began in summer 2019 when the Federal Ministry of the Interior, Building and Community informed the public and the public bodies concerned about the updating of the spatial plans in accordance with § 9 para. 1 ROG. Public authorities had the opportunity to provide information on the plans and measures they intend to implement or have already implemented, as well as on their timing, and to make relevant information available. Technical discussions and workshops on relevant sectors and protection interests followed in autumn 2019. In January 2020, the concept for the further development of the spatial plans was published, which set out conceivable solutions through three planning options with different priorities. This was intended to facilitate early participation and exchange on requirements, possible conflicts, but also synergies and approaches to solutions - as a basis for the preparation of a comprehensive draft plan. The publication of the first draft of the spatial plan is scheduled for september 2020. Completion of the revision procedure is planned for 2021. Due to the parallelism of the updating procedures of the spatial plans and the FEP, the processes are interlinked in order to ensure the consistency of the definitions of the respective plan within the respective framework. Essential contents of the concept for the revision and further development of the spatial plans:  Definition of priority areas for offshore wind energy, at least 20 GW  Definition of reserved areas for offshore wind energy for medium to long-term expansion  Adjustment of the priority and reserved area shipping (shipping route 10) to the real shipping traffic, thereby extending the areas N-9 to N-13 in a north-western direction by about 7.5 km to about 8.5 km. This extension is reflected in all three planning options and is accordingly also reflected in this preliminary draft of the FEP. 16 Starting Position  Establishment of nature conservation areas as priority or reserved areas and, in some cases, the main distribution area divers and porpoises as reserved areas Further information can be found on the BSH website.4 these, twelve connecting lines are located in the 2.6.2 Lower Saxony North Sea and five in the Baltic Sea. 2.6.3 Schleswig-Holstein The status of the expansion of offshore connection lines shown in Table 1 includes all 2.6.4 Mecklenburg-Western Pomerania grid connection systems for OWP projects commissioned to meet an individual claim for grid connection by a wind farm operator. 3 Starting Position By the end of 2025, 15 connecting lines will be Current status of expansion built in the North Sea and eight in the Baltic Sea. In addition, the confirmation of the NEP 2019- Since 2009, OWPs and the associated 2030 from December 2019 lists the test field grid connecting lines have been constructed and connection OST-7-1, which was confirmed with operated in the German territorial sea and in the reservations, with a planned completion in 2024. German exclusive economic zone of the North Reference is made to the statements in the Sea and Baltic Sea. confirmation of NEP 2019-2030. As of the end of 2019, offshore wind energy The spatial proximity to the coast is important for plants with a total capacity of approx. 7.1 GW various FEP specifications. As a basis for the have been erected and commissioned. assessment of the spatial proximity to the coast, The expansion of offshore wind energy was and the procedure in the O-NEP for the areas of the is closely linked to the respective framework North Sea and Baltic Sea - a division into conditions. According to current planning, OWP distance zones - is adopted. The zones have a projects with a capacity of around 7.7 GW will be spatial depth of about 50 to 100 km. The on the grid by the end of 2020 and around 10.8 territorial sea and the German EEZ of the North GW by the end of 2025. These projects have Sea are divided into five zones. The spatial either unconditional grid connection depth of zone 1 in the North Sea and the Baltic commitments under the old legal framework Sea is consistent with each other in such a way (under section 118 (12) EnWG old), capacity that when the spatial extent of zone 1 of the allocations (under section 17d (3) or section 118 North Sea is transferred, the entire area of the (19) EnWG) or surcharges (under section 34 territorial sea and the Baltic EEZ will be covered. WindSeeG) by the BNetzA. As a result, the territorial sea and the German By the end of 2019, connecting lines of OWP EEZ of the Baltic Sea lie entirely within distance projects with a transmission capacity of approx. zone 1 of the O-NEP (see Figure 2 and Figure 8.2 GW had been constructed and operated. Of 3). 4 See https://www.bsh.de/DE/THEMEN/Offshore/Meeresraumplanung/Fortschreibung/fortschreibung- raumordnung_node.html Starting Position 17 Table 1 Overview of offshore connecting lines until the end of 2025 and connected offshore wind farm projects Connecting lines by the Transmission Offshore wind farms connected by the end of 2025 end of 2025 capacity Northsea NOR-0-1 (Riffgat) 113 MW Riffgat NOR-0-2 (Nordergründe) 111 MW Nordergründe NOR-1-1 (DolWin5/epsilon) 900 MW Borkum Riffgrund West II, OWP West, Borkum Riffgrund West I NOR-2-1 (alpha ventus) 62 MW alpha ventus NOR-2-2 (DolWin1/alpha) 800 MW Borkum Riffgrund 1, Trianel Windpark Borkum NOR-2-3 (DolWin3/gamma) 900 MW Borkum Riffgrund 2, Merkur Offshore NOR-3-1 (DolWin2/beta) 916 MW Gode Wind 01, Gode Wind 02, Nordsee One NOR-3-3 (DolWin6/kappa) 900 MW Gode Wind III, Gode Wind 04 NOR-4-1 (HelWin1/alpha) 576 MW Meerwind Süd/Ost, Nordsee Ost NOR-4-2 (HelWin2/beta) 690 MW Amrumbank West, KASKASI II NOR-5-1 (SylWin1/alpha) 864 MW Butendiek, Dan Tysk, Sandbank NOR-6-1 (BorWin1/alpha) 400 MW BARD Offshore 1 NOR-6-2 (BorWin2/beta) 800 MW Albatros, Deutsche Bucht, Veja Mate NOR-7-1 (BorWin5/epsilon) 900 MW EnBW He Dreiht NOR-8-1 (BorWin3/gamma) 900 MW EnBW Hohe See, Global Tech I Baltic Sea OST-3-1 (Baltic1)5 51 MW EnBW Baltic1, EnBW Baltic 2, GICON-SOF OST-3-2 (Baltic2)8 339 MW OST-1-1 (Ostwind 1) 250 MW Arkona-Becken Südost, Wikinger, Wikinger Süd OST-1-2 (Ostwind 1) 250 MW OST-1-3 (Ostwind 1) 250 MW OST-2-1 (Ostwind 2) 250 MW ARCADIS Ost I OST-2-2 (Ostwind 2) 250 MW Baltic Eagle OST-2-3 (Ostwind 2) 250 MW 5 The connection system OST-3-2 is based on the connection system OST-3-1 so that the stated transmission capacity of 339 MW comprises the total transmission capacity of both connection systems (see O-NEP 2030, version 2017, p. 30, footnote 16). 18 Starting Position Figure 2: Offshore wind farms in the German North Sea EEZ expected to be operational by the end of 2025 as well as border corridors to the territorial sea and the zoning of the O-NEP for the North Sea. Figure 3: Offshore wind farms in the German EEZ of the Baltic Sea, which are expected to be in operation by the end of 2025, as well as border corridors to the territorial sea and the zoning of the O-NEP for the Baltic Sea Guidelines and basic principles 19 4 Guidelines and basic Statutory expansion path for offshore wind energy principles Offshore wind energy was already of particular Introduction importance after the German government's climate protection strategy for the expansion of The strategic planning of the expansion of offshore wind energy use in 2002. offshore wind energy and the associated grid topology for the transmission of electricity is of The draft law to amend the Wind Energy at Sea enormous importance for the supply of Act and other provisions adopted by the Federal renewable energy. With the increase of different Cabinet on 3 June 2020 provides for an uses in the German EEZ, the space available for increased expansion path of 20 gigawatts by future uses and infrastructures is becoming 2030 and a long-term target of 40 GW by 2040 increasingly scarce. (section 1(2) WindSeeG-E) for offshore wind energy. As the draft law has already been In the interests of systematic and efficient adopted by the Federal Government and is thus planning, the BSH was given the statutory in a broad stage of preparation, it will form the mandate to designate areas and sites for basis for the FEP 2020. Otherwise, new offshore wind energy, as well as corresponding consultations or a further update might be routes and locations for the necessary network necessary after its adoption. topology. As a result of this coordinated process, the measures in the German EEZ are defined in a spatially and temporally binding manner. The definition of planning principles and standardised technology principles for the North Sea and Baltic Sea EEZs is a mandatory prerequisite for the concrete determination of the space requirements of the entire network topology within the FEP. The aim of establishing standardised technology principles and planning principles is to create a basis for systematic and coordinated overall planning. Otherwise, it would not be possible to determine the required space requirement with the necessary precision for the most space-saving planning possible. In addition to determining the space requirement as precisely as possible, standardised technical principles also serve to ensure cost efficiency and the demand-oriented expansion of connecting lines, which is in the interests of the national economy. The starting point for defining the standardized technical principles (4.3) is the technical grid connection concept, the further details of which are described in Section 4.2 20 Guidelines and basic principles The planning principles build on the objectives Summary and principles of the spatial plans for the North Sea and Baltic Sea EEZs. An overall  Definition of the 66 kV connection assessment of the uses of the areas has already concept as the standard for the North Sea EEZ been carried out when the 2009 spatial plans were drawn up. For the current status of the  Deviation from the standard concept is update of the spatial plans in the German EEZ, possible in case of spatial requirements in please refer to Section 2.6. The relevant an area objectives and principles at the level of spatial  If deviation is necessary, specification of planning are predominantly adopted as planning the connection concept of BFO-N 16/17 principles in the FEP and are checked, with a transmission voltage of 220 kV concretised and weighted among themselves in  Cable termination of the 66 kV submarine their significance with regard to their applicability cable systems serves as an interface to the regulatory issues addressed in the FEP on between the transmission system the basis of the concerns and rights presented. operator and the OWP project developer The definition of standardised technology principles and planning principles is already 4.2.2 Standard concept Baltic Sea: three- based on a consideration of possibly affected phase system public interests and legal positions (cf. 4.2.2.1 Three-phase system: Connection explanatory memorandum on the individual between transformer platform and specifications and principles), so that the offshore wind farms: standard definition of standardised technology principles concept 66 kV and planning principles also includes a "preliminary examination" of possible 4.2.2.2 Three-phase system: interface alternatives. between TSO and OWP Connection concepts Summary 4.2.1 Standard concept North Sea: Direct  Definition of the three-phase current connection concept as standard for the current system Baltic Sea EEZ 4.2.1.1 DC system: Connection between  Responsibility for planning, construction converter platform and offshore and operation of the transformer platform wind farms: Standard concept 66 and submarine cable system at the transmission system operator kV  Gas Insulated Switchgear (GIS) serves as 4.2.1.2 Direct current system: Connection an interface between TSO and OWP between converter platform and developer offshore wind farms: Alternative  Voltage level of the submarine cable concept 220 kV systems within the park 66 kV 4.2.1.3 DC system: interface between TSO and OWP Standard technical principles 4.3.1 Direct current system North Sea Guidelines and basic principles 21 4.3.1.1 Direct current system: self-  Connection of offshore wind turbines to commutated technology the converter platform in 66 kV three- phase current technology 4.3.1.2 DC system: transmission voltage +/- 320 kV for zones 1 and 2; transmission voltage +/- 525 kV for 4.3.2 Three-phase system Baltic Sea zone 3 4.3.2.1 Three-phase system: transmission 4.3.1.3 Direct current system: standard voltage 220 kV power 900 MW for zones 1 and 2; standard power 2,000 MW for zone 4.3.2.2 Three-phase system: Standard 3 power 300 MW 4.3.1.4 Direct current system +/- 525 kV: Version with metallic return Summary conductor  Standard transmission voltage 220 kV 4.3.1.5 Direct current system +/- 525 kV:  Standard transmission capacity 300 MW Requirements for connections between each other / switch panels 4.3.3 Cross-border submarine cable to be provided systems 4.3.1.6 Direct current system: 66 kV direct 4.3.3.1 Bundled direct current submarine connection concept cable system Summary 4.3.3.2 Consideration of overall system  Design of the HVDC transmission systems in self-commutated VSC Planning Principles technology In accordance with § 5 Para. 1 No. 11  Standard transmission voltage: +/-320 kV WindSeeG, the FEP contains provisions on in zones 1 and 2; +/- 525 kV in zone 3 planning principles.  Standard transmission capacity: 900 MW The planning principles apply to the area of the in zones 1 and 2; 2,000 MW in zone 3 German EEZ and are based on the objectives  Design of the direct current systems +/- and principles of the BFO. 525 kV with metallic return conductor In the following, general planning principles are  Direct current system +/- 525 kV: first of all defined. Provision of 12 switchgear panels and J- Tubes per 1,000 MW OWP connected load 4.4.1 General principles In the following, planning principles for offshore  Direct current system +/- 525 kV: Create conditions for connections between each wind turbines, platforms and submarine cable other by providing two switch panels per systems are listed. platform Summary 22 Guidelines and basic principles 4.4.1.3 No impairment of the safety and  Overall coordination of the construction ease of air traffic and linstallation work The construction, operation and dismantling  Safety and ease of navigation must not be of wind turbines at sea, platforms and compromised submarine cables must not compromise the  The safety and ease of air transport must safety and ease of air transport. not be compromised 4.4.1.4 No impairment of national and  security of national and alliance defence alliance defence security must not be compromised The installation and operation of wind energy  Obligation to dismantle and safety deposit plants at sea, platforms and submarine cable systems must not impair the security of  Consideration of all existing, approved and national and alliance defence. defined uses  Consideration of cultural goods 4.4.1.5 Dismantling obligation and security  Sound reduction After wind turbines at sea, platforms and  Minimisation of scour and cable protection submarine cable systems are to be measures dismantled. Reference is made to § 58 paras  Consideration of official standards, 1 and 2 WindSeeG. In the case of specifications and concepts dismantling, the components are to be reused, if possible, prior to recycling and this  emission reduction prior to energy recovery or otherwise their -  taking into account the location of demonstrably - proper disposal on land is to explosive ordnance be implemented. In order to ensure that the dismantling obligation is fulfilled, a security  Installation of sonar transponders deposit is to be provided prior to the start of construction and until the final dismantling 4.4.1.1 Overall temporal coordination of of the facilities. the construction and installation 4.4.1.6 Consideration of all existing, work authorised and specified uses In order to avoid or reduce cumulative Due regard shall be paid to existing and effects, an overall time coordination of the approved pipelines as well as to existing construction and installation work is to be submarine cables, offshore wind farms, planned, taking into account the project- offshore platforms and other structures, specific framework conditions. approved and defined in the framework of 4.4.1.2 No impairment of safety and ease this plan, by regularly maintaining a distance of navigation of 500 m, unless ground conditions require greater distances. The concrete choice of The installation and operation of wind sites for offshore wind turbines and turbines at sea, platforms and submarine platforms and the routing of submarine cable cables must not impair the safety and ease of systems shall take into account existing and navigation. approved uses, rights of use and other interests worthy of protection. Guidelines and basic principles 23 The planning, erection and operation of respective applicable version shall be taken offshore wind energy plants, platforms and into account. submarine cable systems are to be carried out in close coordination between the 4.4.1.11 Emission reduction transmission grid operator and the offshore Emissions shall be avoided or, where wind farm developers. unavoidable, reduced. 4.4.1.7 Consideration of cultural assets 4.4.1.12 Consideration of explosive Known sites where cultural assets have been ordnance sites found should be taken into account when Known sites where explosive ordnance was selecting a site or route. If, during the found should be taken into account when planning or construction of wind energy selecting the site or route. If during the plants, platforms or submarine cable planning or erection of the wind energy systems, previously unknown cultural assets plants, platforms or submarine cable located on the seabed are found, appropriate systems, previously unknown explosive measures must be taken to secure the ordnance is found on the seabed, cultural assets. appropriate protective measures must be taken. 4.4.1.8 Sound reduction To reduce noise, the use of alternative, low- 4.4.1.13 Installation of sonar transponders noise forms of foundation should be Sonar transponders must be installed at considered. If wind turbines or platforms with suitable corner positions of the wind farms pile foundations are installed, the use of an and platforms. effective technical noise abatement system must be provided during the driving of the 4.4.2 Sites and wind turbines at sea foundations. The noise protection concept of In the following, planning principles for sites, a planned project must be integrated at an primarily for the construction and operation of early stage in the design of the foundation offshore wind turbines, are listed. Reference is structure. The noise protection concept made to Chapter 4.4.3, which defines planning North Sea of BMU has to be taken into principles for platforms as well as for transformer account. and residential platforms. 4.4.1.9 Minimisation of scour and cable Summary protection measures  Observance of nature reserves and Scour and cable protection measures must consideration of legally protected biotopes be reduced to a minimum.  Economical use of land 4.4.1.10 Consideration of official  Distances between surfaces to each other standards, specifications or and to WTGs concepts For the planning, erection and operation of  Deviation of the actually installed capacity wind energy plants, platforms and submarine from the allocated grid connection capacity cable systems, official standards, specifications and concepts in their 4.4.2.1 Consideration of nature conservation areas and 24 Guidelines and basic principles consideration of legally protected  Space requirements and additional biotopes manoeuvring space The erection of offshore wind turbines in nature conservation areas pursuant to  design of platforms to take into account the Article 57 BNatSchG is not permitted. need for temporary accommodation; no use beyond three years Known occurrences of legally protected biotopes under section 30 BNatSchG shall be avoided when erecting wind turbines. 4.4.3.1 Consideration of nature conservation areas and Reference is made to Article 45a of the consideration of legally protected Federal Water Act (Gesetz zur Ordnung des biotopes Wasserhaushalts (WHG)) that best environmental practice in accordance with The construction of platforms in nature the Helsinki and OSPAR Conventions and the reserves is not permitted. respective state of the art must be taken into Known occurrences of legally protected account and specified in the individual biotopes pursuant to § 30 BNatSchG must be procedure. avoided when constructing platforms. 4.4.2.2 Economical land use Reference is made to Article 45a of the Federal Water Act (WHG) that best The individual wind turbines are to be environmental practice in accordance with arranged in the most space-saving way the Helsinki and OSPAR Conventions and the possible. respective state of the art must be taken into 4.4.2.3 Distances between surfaces and account and specified in the individual between surfaces and wind procedure. turbines 4.4.3.2 Land requirements Wind turbines must be kept at a distance of An area of 100 m x 200 m shall be provided at least five times the rotor diameter from for a converter platform of the voltage level wind turbines in neighbouring sites. 320 kV, and an area of 150 m x 250 m for 4.4.2.4 Deviation of the actually installed platforms of the voltage level 525 kV. An area capacity from the allocated grid of 100 m x 100 m shall be provided for the connection capacity transformer platform. Additional manoeuvring space must be provided for 4.4.3 Platforms platforms arranged side by side. Sufficient Planning principles for platforms are listed space must be provided around the below. Platforms include converter platforms, platforms for the approach and retraction of collection platforms, transformer platforms and the cable systems. residential platforms. 4.4.3.3 Accommodation on platforms Summary Accommodation of personnel on platforms should take place in accommodation already  Observance of nature reserves and provided for this purpose when the platform consideration of legally protected biotopes was planned: When planning and designing the platform, particular attention shall be Guidelines and basic principles 25 paid to structural safety, supply and 4.4.4.2 Distance for parallel laying disposal, including the provision of drinking When laying submarine cable systems in water and waste water treatment, as well as parallel, a distance of 100 m must be occupational health and safety issues, maintained between the individual systems. including rescue routes and equipment. A distance of 200 m must be maintained after every second cable system. Here, especially 4.4.4 Submarine cable systems in the Baltic Sea, the concrete ground The following are planning principles for conditions must be taken into account. submarine cable systems, which for the purposes of this plan include power cable 4.4.4.3 Routing through border corridors systems such as offshore transmission lines, Submarine cable systems which land in cross-border submarine cable systems and Germany must in principle pass through the interconnections. The following planning border corridors N-I to N-V and O-I to O-V principles 4.4.4.5, 4.4.4.6, 4.4.4.8 and 4.4.4.9 respectively, which are defined at the border apply to submarine cable systems for in-park of the EEZ and the 12 sm zone. cabling Cross-border submarine cable systems must Summary also pass through the border corridors N-VI to N-XV and O-I to O-XIII defined at the border  Highest possible bundling in the sense of to the EEZ and the 12 sm zone. parallel guidance Cross-border submarine cable systems  Distance for parallel laying: 100 m; 200 m which do not land in Germany should not be after every second cable system routed through the border corridors N-I to N-  Guided tour of border corridors V due to the very limited available routes in the territorial sea.  Right-angled intersection of priority and reserved areas Shipping 4.4.4.4 Crossing of priority and reserved  Avoid crossings, if absolutely necessary, areas shipping then at right angles; Priority and reserved areas defined for navigation in the EEZ spatial plan should be  Gentle laying method crossed by submarine cable systems by the  Coverage shortest possible route, if parallel routing to existing structures is not possible.  Reduction of sediment warming (compliance with 2 K criterion) 4.4.4.5 Crossings  Consideration of nature reserves and Intersections of submarine cable systems legally protected biotopes should be avoided as far as possible, both among themselves and with other existing pipelines and submarine cables existing or 4.4.4.1 Bundling defined under this plan. If intersections When laying submarine cable systems, the cannot be avoided, they shall be constructed aim is to achieve the greatest possible in accordance with the state of the art and as bundling in the sense of parallel routing. In perpendicular as possible. addition, the route should be as parallel as possible to existing structures. 4.4.4.6 Gentle laying procedure 26 Guidelines and basic principles In order to protect the marine environment, a Deviations from non-variable planning method of laying submarine cable systems principles must be applied for in the should be chosen that is as gentle as respective individual approval procedure. possible. Each deviation must be justified in the individual approval procedure for each 4.4.4.7 Coverage planning principle in a comprehensible and In determining the permanent coverage of plausible manner. Compliance with the legal submarine cable systems, particular requirements in the individual approval attention will be paid to the protection of the procedure must be demonstrated. In marine environment, shipping, defence, particular, the following shall be presented fisheries and system security. and submitted for review: 4.4.4.8 Sediment warming - Justification of each deviation for each When laying submarine cable systems, planning principle and demonstration of potential adverse effects on the marine compliance with the legal requirements environment caused by cable-induced - Presentation of possible implications for sediment warming are to be reduced as far as public and private interests and concerns possible. The so-called "2 K criterion", which - Consideration of the economical and defines a maximum tolerable temperature sparing use of the area within the meaning of increase of the sediment by 2 degrees § 4 para. 2 WindSeeG (Kelvin) at a sediment depth of 20 cm, is to be observed as a precautionary value for nature conservation. Planning horizon 4.4.4.9 Consideration of nature Determination of the expected conservation areas and legally protected biotopes generation capacity When laying submarine cable systems, 4.7.1 Aim of the generation capacity possible adverse effects on the marine determination environment should be minimised. To this end, the submarine cable systems should be 4.7.2 Methodology of generation capacity laid outside nature conservation areas determination wherever possible. The power density of a wind farm (expressed in Known occurrences of legally protected MW/km²) results from the ratio of the nominal biotopes pursuant to Article 30 BNatSchG power of the WTG to its base site, which is are to be avoided when laying submarine spanned by the external WTGs. The power cable systems. density is therefore the determining parameter for determining the generation capacity in Possibilities deviations advance on any given site. The distance of the individual WTGs from each other is the main 4.5.1 Standardised technology principles factor influencing the power density. In the Figure 1 the methodology of the power 4.5.2 Planning principles determination, which is further described in the following, is shown schematically. The Guidelines and basic principles 27 methodology is equally applicable to the North Calculation of the buffer distance x Sea and Baltic Sea EEZs. 1 Site = ∙ ∙ ∙ ∗ 4 Determination of the corrected power density p* Rotor diameter in m Determining the corrected area A* specific output of the WTG in Watt / m² rotor area Calculation of the expected output to be installed ∗ corrected power density in MW/km² Plausibility check Figure 1: Schematic representation of the methodology of the generation capacity determination Table 2: Input parameters for calculating the corrected site Parameters Value 4.7.2.1 Determination of the corrected Corrected power density site-specific power density Rotor diameter 220 m Specific power of the WTG 400 W/m² 4.7.2.4 Plausibility check of the expected generation capacity 4.7.3 Power density in zone 3 Table 3: Power density to be applied Site category Power density to be applied (corrected) [MW/km²]. Figure 2: Representation of the corrected site A* in relation to the Sites in zones 1 and 2 10 nominal site A (Prognosis, 2019) In case of strong shading by 9,5 surrounding wind farms 4.7.2.2 Power density in zones 1 and 2 Sites in zone 3 8 4.7.2.3 Determination of the corrected site 28 Guidelines and basic principles background information: Trailing effects of offshore wind farms What are lag effects? The capacity utilisation of a wind farm (usually measured in full load hours) depends not only on the wind conditions but also on various factors, e.g. the technical design of the wind turbine (ratio of rotor area to rated power), the availability of the turbines or the operating concept. The wind turbine extracts kinetic energy from the air flow during power generation and also ensures that the air layers are swirled in the wake of the turbine. These so-called wake effects ensure that less kinetic energy is available to a leeward plant - thus reducing the utilization of the plant. The kinetic energy is regenerated by an exchange of flow with neighbouring air layers. These effects have been the subject of scientific studies for some time and are already being taken into account in the planning of offshore wind farms. Calculation models used so far are well suited to calculate the internal shading losses within a wind farm and assume that the complete kinetic regeneration of the air flow up to a maximum of 30 km in the wake of a wind turbine has taken place. However, current findings from research projects based on measurements of wind speeds in the German Bight show that in individual situations there are wake patterns of wind farm clusters with a range of 50 km and more (Platis, et al., 2018). Apparently, the prevailing flow conditions, especially the stability of the wind flow, have a significant influence on the range of the wake effects. What new findings are there? Current research projects aim to improve the calculation models in order to enable these long- range wake effects to be taken into account when planning offshore wind farms. As there is little experience with the large-scale expansion of offshore wind energy to date, this makes it difficult to reliably quantify the possible losses in future wind farms. In various research projects, including (Platis, et al., 2018), (Snowman, Rott, Dörenkämper, Steinfeld, & Kühn, 2020) and (Agora Energiewende et al., 2020) the effects of long-range wake effects on the efficiency of offshore wind farms were investigated using measurement campaigns and various calculation models. Among other things, a clear correlation between power density and the expected losses due to wake effects was shown. Within the scope of the measurement campaigns, long-range wake effects were proven, but these were always individual situations. Within the scope of these measurement campaigns, significantly shorter wake effects were also recorded under similar wind conditions. Further research is needed for a reliable estimation of the influence of long-range wake effects on the energy yield. What influence does the size of the wind farm have on efficiency? There is a significant correlation between the amount of yield losses due to wake effects and the size of the wind farm and the distance between the turbines. The larger the area or its power density (i.e. the number of turbines per unit area), the greater the amount of kinetic energy that is extracted from the air flow and the lower the kinetic energy available to the turbines in the wake. What does this mean for determining the expected generation capacity in zone 3? As explained in Section 4.7.2.1 when determining the expected installed capacity, the objectives of increasing installed capacity and cost efficiency mentioned there must be weighed up against each other while ensuring the efficient use and capacity utilisation of interconnectors. For this purpose, in the following section a determination of areas and grid connections with a power Guidelines and basic principles 29 density of 9 MW/km² to be applied analogous to the FEP 2019 and a power density of 8 MW/km² to be applied will be carried out as an example and these determinations will be reviewed with regard to the mentioned objectives. Name Year of Available Criteria for determining the site commissionin transmissio and the chronological order of g n capacity their tendering Nordsee NOR-3-3 2023 658,25 MW For the determination of the sites in the FEP and (DolWin6/kappa the chronological order of their tendering, the ) WindSeeG specifies criteria to be applied in § 5 Ostsee Para. 4. The overall objective of the -- specifications is to ensure that the expansion of offshore wind turbines and the associated connection systems on these sites is carried out 4.8.2.2 Criterion 2: Orderly and efficient in parallel and that the existing connecting lines planning, construction, are used efficiently and at full capacity. This will commissioning, use and utilisation ensure that all offshore wind turbines are of the offshore connecting lines connected in time and vacancies on the with commissioning from 2026 connecting lines are avoided. In this way, the expansion of the use of wind energy is to be 4.8.2.3 Criterion 3: Proximity to the coast carried out as cost-efficiently as possible. When 4.8.2.4 Criterion 4: Conflicts of use on a applying the criteria specified in section 5 para 4 site sentence 2 WindSeeG, this objective and the general objective of the Act to ensure a steady 4.8.2.5 Criterion 5: Expected actual and cost-efficient expansion of the use of buildability of a site offshore wind energy must always be taken into account. The list in sentence 2 is not exhaustive. 4.8.2.6 Criterion 6: Expected generation capacity to be installed 4.8.1 Methodology of applying the criteria 4.8.2.7 Criterion 7: Balanced expansion 4.8.2 Description of the criteria to be between North Sea and Baltic Sea applied 4.8.2.8 Additional criterion coastal sea: 4.8.2.1 Criterion 1: Efficient use and Actual availability of site utilisation of the offshore connecting lines with commissioning by the end of 2025 Table 4: Existing network connection systems or those confirmed unconditionally in the O-NEP with commissioning by the end of 2025 and available transmission capacity 30 Rules 5 Rules located in zone 2, while the areas N-9 to N-13, which are located in zone 3 of the O-NEP, have been extended in a north-western direction in Areas for the installation and accordance with the concept for the revision and operation of offshore wind further development of the spatial plans. The turbines concept provides for an adaptation of the priority According to § 5 para. 1 no. 1 WindSeeG, the and reserved area shipping (shipping route 10) FEP contains definitions of areas for the to the real shipping traffic. This extension is construction and operation of offshore wind reflected in all three planning options (A - C) and turbines. is accordingly also reflected in this preliminary draft of the FEP. Accordingly, in this draft, the A total of 13 areas in the North Sea EEZ and areas are extended in a north-western direction three areas in the Baltic Sea EEZ for offshore by about 7.5 km to about 8.5 km. Reference is WTGs are currently identified in this plan, with made to chapter 2.6.1.2 areas N-4 and N-5 under consideration for possible subsequent use. The areas are Table 1: Overview of areas for offshore wind energy numbered N and O for the North Sea and the Area Size Zone Baltic Sea respectively and 1 to 13 for clarity. [km²] classification of the O-NEP The definition and delimitation of the areas is North Sea based in particular on the provisions of spatial N-1 approx. 79 1 planning and the consideration of other public N-2 approx. 223 1 and private interests. With regard to spatial N-3 approx. 311 1 planning, in addition to the valid 2009 spatial N-4 approx. 152 1 plan, the changes resulting from the concept for N-5 approx. 125 2 updating the spatial plans published and N-6 approx. 249 2 consulted in January 2020 were also taken as a N-7 approx. 163 2 basis. Further information can be found in N-8 approx. 124 2 chapter 2.6.1.2). N-9 approx. 454 3 N-10 about 197 3 Overviews of approved uses and protected N-11 approx. 355 3 areas as well as areas defined by spatial N-12 approx. 494 3 planning can be found in BFO-N 16/17 (Chapter N-13 approx. 270 3 12) and BFO-O 16/17 (Chapter 11). Reference Baltic Sea is made to Chapter 8 of the FEP 2019. The O-1 approx. 134 1 definition of the areas was largely taken over O-2 approx. 83 1 from the O-NEP or the BFO. The areas N-1 to N- O-3 approx. 30 1 4 and all areas of the Baltic Sea are located in zone 1 of the O-NEP. The areas N-5 to N-8 are Rules 31 Figure 1: Areas in the German North Sea EEZ Figure 2: Areas in the German Baltic Sea EEZ 32 Rules utilisation of offshore connecting lines, and to 5.1.1 Definition of areas and sectoral plan, construct, commission and use offshore planning framework connecting lines in parallel with the expansion of In principle, the existing spatial plans for the electricity generation from offshore wind EEZs set the framework mainly for the definition turbines. of areas. The spatial plan for the North Sea EEZ is based on the spatial plan adopted by the Pursuant to section 5 subsection (3) sentence 3 Regulation of 21 September 2009 (see Figure WindSeeG, the admissibility of an area is initially 27). For the Baltic Sea EEZ, the spatial plan assumed if the area is located in a cluster adopted by the Regulation of 10 December 2009 defined by the BFO under section 17a EnWG or applies (see Figure 28). The priority and in a priority, reserved or suitable area of a reserved areas for shipping, lines, research and regional development plan under section 17 wind energy were taken into account in the subsection (1) sentence 1 ROG. This means that selection and definition of the 13 areas in the the permissibility of the designation of areas for North Sea EEZ and the three areas in the Baltic offshore wind energy only has to be reviewed if Sea EEZ. In accordance with the requirements additional or other significant aspects are of the spatial plan, no areas for wind energy in identified or if the review needs to be updated nature conservation areas or naval exercise and deepened. areas were defined (see Figure 31 and Figure According to section 5 subsection (3) sentence 32). In addition to the valid 2009 spatial plan, the 2 no. 5b WindSeeG, the designation of areas or changes resulting from the concept for updating surfaces outside of clusters 1 to 8 in the North the spatial plans published and consulted in Sea and clusters 1 to 3 in the Baltic Sea of the January 2020 were also taken as a basis. More BFO or areas or surfaces in territorial waters detailed information can be found in Chapter designated by a coastal state is inadmissible. 2.6.1.2. This does not apply under section 5 (3) sentence Furthermore, the definition of the areas is based 2 no. 5b WindSeeG if insufficient areas and sites on the clusters defined in the BFP, which cannot be established in these clusters, areas essentially continue to apply. The BFO-N 2012 and sites in territorial waters to achieve the already identified 13 clusters for offshore wind expansion target under section 4 no. 2b EEG. energy and described the reasons why other However, it should be noted that the WindseeG- areas are not eligible for offshore wind energy E adopted by the Cabinet on 3 June 2020 use, cf. Chapter 4.2 BFO-N 2012. This was provides for an increased expansion path for further elaborated in BFO-N 13/14. Reference is offshore wind energy of 20 gigawatts by 2030 made in this context to the explanations in and 40 GW by 2040 (section 1(2) WindSeeG-E). Chapter 4.2 BFO-N 13/14. In the course of the identification and In addition to the spatial planning framework assessment of the areas, the following conditions, the statutory objectives under Article comments on the individual areas have 4 (2) WindSeeG-E also play a decisive role in the essentially either revealed no new findings location and selection of areas. These objectives compared with the clusters identified in the BFO, are to achieve the expansion targets under so that there is nothing to prevent their section 1 (2) sentence 1 WindseeG-E (20 GW by identification in the FEP on the basis of the 2030 and 40 GW by 2040), to expand electricity information currently available, or additional generation from offshore wind turbines in a significant identifiable aspects or updates and spatially ordered and space-saving manner, to more detailed assessments have confirmed the ensure the orderly and efficient use and capacity identification of the clusters in the BFO. Rules 33 With regard to areas N-4 and N-5, reference is Furthermore, the definition of areas for achieving made to the following, to chapters 4.12.4, 5.2 the expansion path of 20 GW by 2030 (§ 1 (2) and 6.3.2.2 of the draft North Sea Environmental WindSeeG-E) is currently not necessary and it is Report and to FEP 2019. not apparent that the definition of areas north- east of shipping route 10 would lead to fewer Although the criteria set out in section 5 (4) conflicts of use than the definitions made since sentence 2 nos. 1 to 7 WindSeeG, such as the the BFO 2012. orderly and efficient planning, construction, commissioning, use and capacity utilisation of 5.1.2 The areas in detail the offshore connecting lines still to be Area N-1 is located between the traffic completed, the spatial proximity to the coast and conflicts of use according to the wording of the separation areas "German Bight Western Act are to be applied to the definition of areas Approach" and "Terschelling German Bight". Bordering the area to the south is the nature and the order in which they are put out to tender, but since the areas are located within the areas, reserve "Borkum Riffgrund", to the east is the the areas are already defined in terms of their priority area 3 for shipping, which is defined by purpose with regard to the criteria to be applied spatial planning. On the western side of the area runs the EEZ border with the Netherlands. The to areas or are examined not only for additional or other significant identifiable aspects and for area lies in the spatially defined priority area for updates and deepening, but also, in particular, wind energy "North of Borkum". The area is with regard to the spatial proximity to the coast expected to be fully developed by the end of (criterion 3) and the existence of conflicts of use 2025. (criterion 4). Area N-2 lies directly north-east of the nature With a view to the cost-efficient development of reserve "Borkum Riffgrund" and is bordered in wind energy, the development of areas close to the north-eastern area by the pipeline "Norpipe". the coast should be started and the distance to It is bordered to the south and north by the the coast should be gradually increased. The shipping areas parallel to the traffic separation areas. The same applies to the eastern side. The zoning of the oceans according to the O-NEP (cf. Figure 2 and Figure 3) is used as a benchmark area is located in the priority area for wind for the distance to the coast. If zone 4 in the energy "North of Borkum", which has been North Sea EEZ develops, the crossing of defined by regional planning. The area is expected to be fully developed by the end of shipping route 10 will result in a significant extension of the necessary connection systems. 2025. In addition, the area northwest of shipping route Area N-3 is also located between the two traffic 10 would have to be examined with regard to its separation areas to the west of the priority area suitability for wind energy. The available data for pipelines "Europipe 2" defined by regional and information basis for this area of the outer planning. The western half of the area is located EEZ is significantly poorer than for the area of in the priority area for wind energy "North of the FEP designated areas. The current AIS data Borkum" as defined by regional planning. The evaluations show possible conflicts with shipping "Europipe 1" pipeline runs through the area in a even outside the shipping route defined by north-easterly direction and is secured by spatial planning. In this respect, reference is corresponding priority and reserve areas for made to the update of the spatial plan for the pipelines. The area is expected to be partially North Sea EEZ. However, conflicts with shipping developed by the end of 2025, see Figure 11. in this area cannot be ruled out at this stage. 34 Rules Area N-4 is located north of Helgoland. On the conservation area. The area lies entirely within eastern side, it borders on the bird sanctuary the main concentration area of divers. "Eastern German Bight" and on Area II of the The N-5 area has been reduced in size nature reserve "Sylt Outer Reef - Eastern compared to the designation of cluster 5 in the German Bight". The area corresponds to the BFO, as the "Butendiek" wind farm project in priority area for wind energy "Süd-lich operation is located in the "Sylt Outer Reef - Amrumbank" as defined in the regional Eastern German Bight" nature reserve. The development plan. The area is largely located in designation of this eastern part of cluster 5 as an the main concentration area of divers and is area would be impermissible with regard to almost completely built-up. It is expected that the possible subsequent use under § 5 (3) sentence area will be fully developed by the end of 2025. 2 no. 5a WindSeeG. This also results from According to current knowledge, the N-4 area is Objective 3.5.1 (3) of the North Sea EEZ ROV. seasonally important for divers. Therefore, the The "Butendiek" project is presented for N-4 area will not be defined and will be reviewed information. for subsequent use. In addition, the area now exclusively comprises The analysis and assessment of cumulative the operational projects "Dan Tysk" and impacts of offshore wind farms on divers showed "Sandbank" compared to the designation of that the avoidance effects and thus habitat loss cluster 5 in BFO-N 2012-17. The area is under for divers are far more pronounced (GARTHE et review for possible subsequent use due to its al. 2018, BioConsult SH et al. 2020) than great importance for divers. Reference is made originally assumed in the decisions on individual to the implementation in the environmental approval procedures of the BSH and in the report chapter 4.6 and 5.2. Environmental position paper of BMU (2009). Report North Sea. A concrete statement on the approved operating The reason for the area's need for examination life of the OWP projects in operation in area N-4 with regard to possible subsequent use is that, or possible measures within the framework of pursuant to § 8 (3) WindSeeG, provisions on implementation is not associated with the subsequent use can be made within the presentation of area N-4 under review with framework of a continuation of the FEP beyond regard to a possible subsequent use, but is 2030. According to the explanatory reserved for the respective procedure. The same memorandum to the Act, it can only be applies to the project which falls under the determined whether the project areas of the wind provisions of the transitional regime. The farms in operation which become free at that treatment of this issue is reserved for the time are either to be used for the generation of approval procedure. electricity from wind energy at sea and a new invitation to tender is to be issued for this area or Reference is made to Chapters 4.12.4, 5.2 and whether these areas are no longer to be used for 6.3.2.2 of the draft North Sea Environmental this purpose. A statement on the approved Report and to the comments on Area N-5 and operating period of the OWP projects in FEP 2019. operation in area N-5 or any measures within the In addition, reference is made to the following framework of implementation is not associated comments on Area N-5. with the presentation of area N-5 under Area N-5 lies west of Sylt in or on the edge of the examination with regard to a possible "Sylt Outer Reef - Eastern German Bight" nature subsequent use, but is reserved for the respective procedure. Rules 35 Area N-6 is located north of the traffic separation Area N-11 is bordered by shipping routes 4, 5 area "German Bight Western Approach". In the and 6, the cross-border sea cable system eastern direction, the area is bounded by the "NorNed" and the nature conservation area reserved area Shipping 12 and in the northern "Sylter Außenriff - Östliche Deutsche Bucht". direction by the shipping route 6. The EEZ Area N-12 is delimited by shipping routes 4 and border with the Netherlands runs west of the 10 and the cross-border sea cable system area. The area is expected to be partially "NorNed". For navigation route 10 (see developed by the end of 2025, see Figure 11. background information in chapter 2.6.1.2), the Area N-7 is located north of the VTG "German situation from the published and consulted Bight Western Approach". It is bordered to the concept for updating the spatial plans is taken as west by the shipping area 12 and to the north- a basis. east by the pipeline area ("Norpipe"). The area is Area N-13 is 6limited by shipping route 10 and expected to be partially developed by the end of the nature reserve "Sylter Außenriff - Östliche 2025, see Figure 11. Deutsche Bucht" as well as the main distribution Area N-8 lies within the priority area "Östlich area divers. For shipping route 10 (see Austerngrund" wind energy, as defined in the background information in chapter 2.6.1.2), the regional development plan. To the south-west situation from the published and consulted the area is bounded by the area reserved for concept for updating the spatial plans is used as pipelines ("Europipe 1"), to the east by shipping a basis. route 5. To the north the area is bounded by the Area O-1 ("Westlich Adlergrund") is located existing wind farms. In the northern part of the northeast of the island of Rügen on the border area, the area is bounded to the west along the with the Danish EEZ. The area is located north NorNed interconnector. The area is completely of the nature reserve "Pomeranian Bay - built-up, see Figure 11. Rönnebank" and north of priority area 21 for Area N-9 is delimited by shipping routes 6 and shipping. To the west of the area is priority area 10 and the area reserved for pipelines 20 for shipping, and on the eastern side runs the ('Norpipe'). For navigation route 10 (see EEZ border with Denmark. The area includes the background information in chapter 2.6.1.2) the priority area "Westlich Adlergund", which has situation from the published and consulted been defined by regional planning. The area is concept for the updating of the spatial planning expected to be partially developed by the end of is used as a basis. 2025, see Figure 3 and Figure 12. Area N-10 is located between shipping routes 4, Area O-2 ("Lake Arkona") is located northeast of 6 and 10 and the reserved area of the pipeline the island of Rügen. The area is bordered to the ('Europipe 1'). For shipping route 10 (see north and east by priority areas 19 and 20 for background information in chapter 2.6.1.2), the shipping. The southern boundary of the area situation from the published and consulted results from the route of the data cable "Baltica concept for updating the spatial plans is taken as Segment 3". In the west, the area is bordered by a basis. a priority area for research. The area is expected to be partially developed by the end of 2025, see 6 To protect the divers, the distance to the main distribution area corresponds to the habitat loss of 5.5 km. 36 Rules Figure 3 and Figure 12. For further information, Priority Area 19 for shipping and to the east by please refer to Chapter 5.2.2. NATO submarine search areas. This area encloses the priority area for wind energy Area O-3 ("Kriegers Flak") is located northwest "Kriegers Flak" and is fully developed. Reference of the island of Rügen. The area is bordered to is also made to the admissibility check in the north by the Swedish EEZ border, to the west Chapter 8.3. by the Danish EEZ border, to the south by Rules 37 Table 2: Summary overview of the areas in the FEP 2019 [A revision is made in the draft of the FEP 2020]. Area Cluster At present, additional considerable recognizable aspects compared to designation the designation of clusters in the BFO (§ 5 para. 3 sentence 3 in the BFO WindSeeG) Currently discernible conflicts of use North Sea N-1 Yes No N-2 Yes No N-3 Yes No N-4 Yes Location in the main distribution area divers. (re-use under Location in the main distribution area of harbour porpoises. examination) N-5 (re-use Yes Reduction of the designated Cluster 5 to the operating OWPs "Dan Tysk" and under "Sandbank". The "Butendiek" project is presented for information purposes as a examination ) wind farm due to its location within the protected area. Location in the main distribution area divers. Location in the main distribution area of harbour porpoises. N-6 Yes No N-7 Yes No N-8 Yes No N-9 Yes No N-10* Yes No N-11 Yes No N-12* Yes No N-13* Yes Location in the main distribution area of harbour porpoises. Baltic Sea O-1 Yes Bird migration O-2 Yes Bird migration Conflicts of use with research areas. O-3 Yes Area has been reduced in size compared to the designated cluster. Bird migration * The areas have been enlarged to the north-west compared to the designated clusters. N-3.6 approx. 33 66 kV Sites for the construction and N-3.7 approx. 17 155 kV1) operation of offshore wind N-3.8 approx. 23 155 kV1) turbines N-42) - - - N-52) - - - 5.2.1 Determination of sites N-6 N-6.6 approx. 44 66 kV Table 3: Overview of areas and sites for offshore wind energy N-6.7 approx. 16 66 kV N-7 N-7.2 approx. 58 66 kV Area Site Size of Connection N-8 - - - site [km²] concept N-9 N-9.1 approx. 100 66 kV North Sea N-9.2 approx. 105 66 kV N-1 - - - N-9.3 approx. 105 66 kV N-2 - - - N-9.4 approx. 101 66 kV N-3 N-3.5 approx. 29 66 kV N-10 N-10.1 approx. 96 66 kV 38 Rules N-10.24) approx. 93 66 kV 2023 and will therefore be connected using the 155 kV Baltic Sea connection concept. 2) Sites N-4 and N-5 are under consideration for possible O-1 O-1.3 approx. 25 66 kV subsequent use. Reference is made to chapter 5.1 O-2 O-2.25) approx. 20 - 4) The sites N-10.2 is not fully required to achieve 20 GW. O-3 - - - 5) The determination of the site O-2.2 is questionable. 1) Sites N-3.7 and N-3.8 will be connected to the NOR-3-3 Reference is made to chapter5.1.2,5.2.2 and 8 connection system, which will go into operation as early as Rules 39 North Sea Figure 3: Areas and sites in the German North Sea EEZ Figure 4: Sites in areas N-3, N-6, N-7, N-9 and N-10 in the German North Sea EEZ 40 Rules Baltic Sea Figure 5: Areas and sites in the German Baltic Sea EEZ Rules 41 5.2.3 Relevant criteria for deciding against Expected generation capacity the establishment of an site Table 5: Overview of the power expected to be installed on the Table 4: Overview of the relevant criteria for the decision against a sites for offshore wind turbines zoning Area Site Expected Area Site Decisive criteria for the generation decision against a capacity [MW] determination of a site North Sea North Sea N-3.5 420 N-5 - Criterion 4 N-3.6 480 N-8 - Criterion 2 N-3 N-3.7 225 Baltic Sea O-11) - Criteria 4 and 6 N-3.8 433 O-21) O-2.2 Criteria 2, 4 and 6 N-6.6 630 N-6 1) Reference is made to Chapter 6, which shows available N-6.7 270 grid connection capacities for pilot wind turbines in areas O- N-7 N-7.2 930 1 and O-2. For information on possible conflicts of use, N-9.1 1.000 please refer to chapter 8, the draft of the environmental N-9.2 1.000 reports and FEP 2019 and its environmental reports. N-9 Whether and where exactly the construction and operation N-9.3 1.000 of pilot offshore wind energy turbines is permitted will be N-9.4 1.000 decided solely by the approval procedure for pilot offshore N-10.1 1.000 wind energy turbines to be carried out later. N-10 N-10.21) 1.0001) Baltic Sea O-1 O-1.3 300 1) The N-10.2 site is not fully required for 20 GW. 5.3.1 Plausibility check of the expected generation capacity 42 Rules Specifications for the territorial sea Figure 13: Areas submitted by Mecklenburg-Vorpommern for possible designation and the test site in the territorial sea 5.4.1 Need for an administrative agreement 5.4.2 Areas for the installation and operation of offshore wind energy turbines 5.4.3 Sites for the installation and operation of offshore wind energy turbines 5.4.4 Specifications on the test site Rules 43 Chronological sequence of tenders for the sites 5.5.1 Chronological sequence of tenders for the sites Table 6: Overview of the chronological order of sites to be tendered using criteria 1 to 8 Calendar year Calendar year Site Network Expected Total expected Tender including the designation connection generation generation capacity quarter of system capacity [MW] commissioning [MW] N-3.7 NOR-3-31) 225 2021 QX 2026 N-3.8 NOR-3-31) 433 958 O-1.3 OST-1-41) 300 2022 QX 2027 N-7.2 NOR-7-21) 930 930 N-3.5 NOR-3-21) 420 2023 QX 2028 900 N-3.6 NOR-3-21) 480 N-6.6 NOR-6-31) 630 N-6.7 NOR-6-31) 270 2024 QX 2029 2.900 N-9.1 NOR-9-11) 1.000 N-9.2 NOR-9-11) 1.000 N-9.3 NOR-9-21) 1.000 N-9.4 NOR-9-21) 1.000 2025 QX 2030 4.000 N-10.1 NOR-10-11) 1.000 N-10.22) NOR-10-11) 1.000 Total target system 9.688 Expected stock 2025 10.800 Projected stock in 2030 20.488 1) Reference is made to the confirmation of the network development plan 2019-2030 and to the preparation, review and confirmation of the network development plan 2021-2035 2) The N-10.2 site is not fully required for 20 GW. 5.5.2 Representation of the review of the time sequence based on references to offshore connecting cables, grid connection points and the network 44 Rules Calendar year of commissioning for offshore wind turbines and connecting lines Table 7: Overview of calendar years of commissioning for offshore connecting lines, taking into account the notes listed in Chapter 5.5 Name Calendar year Transmission including capacity [MW] quarter of the commissioning year OST-1-4 QX 2026 300 NOR-7-2 QX 2027 9301) NOR-3-2 QX 2028 900 NOR-6-3 QX 2029 900 NOR-9-1 QX 2029 2.000 NOR-9-22) QX 2030 2.000 NOR-10-12) QX 2030 2.000 1) It should be noted that for the transmission capacity for the NOR-7-2 offshore connection line, it is assumed that, with an expansion target of 20 GW, there is no limitation by a statutory expansion path of 700 to 900 MW per tender year. (see Chapter 5.2) 2) It is noted that the NEP 2019-2030 has confirmed two connecting lines (NOR-10-1 and NOR-12-1) for the German North Sea EEZ for the calendar year of commissioning 2030, subject to future consideration of the sites to be developed in an update of the FEP. However, since sites in the extended areas N-9 and N-10 are to be defined, the connecting lines NOR-9-2 and NOR-10-1 would be necessary. Reference is made to the preparation, examination and confirmation of the NEP 2021-2035. Locations of converter platforms, collection platforms and substations Routes or route corridors for offshore connecting lines Rules 45 Gates to coastal waters 5.9.1 Current status 5.9.2 Definition of border corridors to the territorial sea Table 13: Overview of the use of the border corridors Border Sea cable system corridor N-I (1) NOR-1-1/DolWin5 (2) NOR-8-1/BorWin3 (3) NOR-2-3/DolWin3 (4) COBRAcable N-II (1) NOR-7-1/BorWin5 (2) NOR-3-1/DolWin2 (3) NOR-2-2/DolWin1 (4) NOR-2-1 (alpha ventus) (5) NOR-6-1/BorWin1 (6) NOR-6-2/BorWin2 (7) NOR-3-3/DolWin6 (8) NOR-3-2 (9) NOR-6-3 (10) NOR-9-2 N-II (1) NOR-9-1 (2) NOR-10-1 (1) Sea cable system to Norway (2) Sea cable system to UK (3) Sea cable system to UK N-V (1) NOR-7-2 N-IV (1) NOR-4-2/HelWin2 (2) NOR-4-1/HelWin1 (3) NOR-5-1/SylWin1 (4) NordLink O-I (1) OST-1-1 / Ostwind 1 (2) OST-1-2 / Ostwind 1 (3) OST-1-3 / Ostwind 1 (4) OST-2-1 / Ostwind 2 (5) OST-2-2 / Ostwind 2 (6) OST-2-3 / Ostwind 2 (7) OST-1-4 (8) OST-2-4 (under examination) (9) Sea cable system to Denmark (10) Sea cable system to Denmark (11) Sea cable system for the development of other energy production areas SEO-1 O-II (1) OST-2-1 O-III (1) OST-3-1 (2) OST-3-2 (3) Sea cable system to Schweden 46 Rules (4) Sea cable system to Schweden (5) Sea cable system to Denmark O-IV (1) Kontek (2) Sea cable system to Danmark O-V (1) Sea cable system to Danmark O-XIII (1) Sea cable system to Danmark overall system, i.e. in particular with regard to the Routes and route corridors for connecting lines for OWPs. cross-border power lines On the basis of TYNDP 2018 (cf. Chapter 2.5.4) For the purposes of this plan, cross-border and the ENTSO-E System Needs Report on power lines are submarine cable systems which TYNDP 2018 (ENTSO-E AISBL, 2018), routes or run through at least two countries bordering the route corridors are to be spatially secured for the North Sea or the Baltic Sea. following possible cross-border power lines. 5.10.1 Current status Under this plan, nine additional cross-border Several cross-border power lines run through power lines will be identified in the North Sea the German North Sea EEZ. On the one hand, EEZ. Three of them are planned to connect to a there is an operational cross-border submarine landing in Germany. All three of them start on the cable system called "NorNed", which connects border corridor N-III in Lower Saxony. Norway and the Netherlands. Furthermore, the The submarine cross-border cable system to "COBRAcable" project linking the Netherlands Norway, which starts at border corridor N-III, and Denmark is in operation. In addition, the runs parallel to "Europipe 2", shipping route 4 to NordLink project, a link between Norway and shipping route 10 and from there, at the border Germany, is in operation in the German EEZ. of areas N12 and N13, to border corridor N-VI. The "Viking Link" project linking Denmark to the UK was approved. The other two cross-border submarine cable systems arriving in Germany lead to Great The German EEZ of the Baltic Sea is also Britain. Both routes start at border corridor N-III crossed by cross-border power lines in and then run parallel to "Europipe 2" in a operation: "Kontek" (linking Denmark and northerly direction to the southern edge of Germany) and "Baltic Cable" (linking Sweden shipping route 2. The two routes separate here. and Germany). Furthermore, the cross-border From there, one route runs west to the crossing submarine cable system called "Kriegers Flak of "Europipe 1" and then parallel to the "Norpipe" Combined Grid Solution" is in operation. This pipeline or along the western EEZ border to project links Denmark and Germany by border corridor N-XI. The other route runs north connecting a Danish OWP project with a of the N-1, N-2 and N-3 areas and continues German OWP project. west to border corridor N-XV. 5.10.2 Definition of routes and corridors for A cross-border system is planned to connect the cross-border electricity lines converter platform in area N-1 with neighbouring OWPs in the Netherlands. This leads from the This plan is intended to secure the spatial converter platform in area N-1 westwards integrity of routes or route corridors for possible through border corridor N-XV. cross-border power lines in order to ensure that in future the existing and planned cross-border In addition, four other cross-border submarine submarine cable systems fit into a coordinated cable systems are planned which can only cross Rules 47 the German EEZ and connect the Netherlands with a reduced distance of 350 m and 450 m to with Denmark or Norway. Three routes run on the wind farm respectively, in order to minimise both sides of the shipping route 10 and connect interference with the overlaying submarine the border corridors N-VI and N-XIV as well as diving area. From border corridor O-I, two cross- N-VII and N-XIII. One system is planned in border undersea cable systems are also planned parallel to "Viking Link". Another system will in the direction of Bornholm, which will run connect the border corridors N-X and N-XIII, parallel to the existing connection lines to border which will run largely parallel to the Norpipe and corridors O-X and O-XI. With regard to border then run along the EEZ border to the border corridor O-X, it is pointed out that it is located on corridor N-XIII. the edge of a submarine diving area and that, for reasons of national and Alliance defence In the Baltic Sea EEZ, eight routes for cross- security, a route should also be taken in the border submarine cable systems will be laid out, Danish area outside this NATO exercise area. connecting the German territorial sea with the Danish and Swedish EEZs. One system each is A further system is planned parallel to planned in the area of the Fehmarn Belt crossing "NordStream 1" or between "NordStream 1" and (O-V to O-VI) and parallel to "Kontek" (O-IV to O- "Nord-Stream 2" and connects the border VII). Another system to Denmark leads from corridors O-XII and O-XIII. border corridor O-III to border corridor O-VIII. A route from Poland to Denmark does not seem Also in border corridor O-III, two systems possible at the moment due to existing towards Sweden start, which lead to border restrictions within the German EEZ. corridor O-IX parallel to the "EnBW Windpark Baltic 2" wind farm. These are planned in the area of the "EnBW Windpark Baltic 2" wind farm 48 Rules Figure 21: Cross-border submarine cable systems in the German North Sea EEZ Figure 22: Cross-border submarine cable systems in the German Baltic Sea EEZ 8.4.3 Definition of border corridors for border corridors. It also does not indicate cross-border electricity lines whether a conflict-free route in all directions is The routes planned in the FEP must be able to possible in foreign areas. be sensibly routed through the territorial sea or Therefore, the border corridors in this plan are the EEZs of neighbouring countries to the NVPs. defined in close coordination with the coastal The border corridors serve as places where the countries and neighbouring states. In those connecting pipelines cross the border between areas in which it is possible according to the the EEZ and the territorial sea or with current state of knowledge, border corridors are neighbouring countries. For the area of the North defined in the transition area to the coastal sea Sea EEZ, this concerns the territorial sea of for the bundling of submarine cable systems, Lower Saxony and Schleswig-Holstein and the through which all submarine cable systems EEZs of the Netherlands, Great Britain and landing in Germany are to be routed. In this way, Denmark. In the Baltic Sea, this applies to the the cable systems are to be concentrated at territorial sea of Schleswig-Holstein and these points as far as possible and bundled for Mecklenburg-Western Pomerania and the EEZs further diversion towards the NVP. With regard of Denmark, Sweden and Poland. The border to the designation of the border corridors to the corridors are defined with a standard width of 1 territorial sea, reference is made to Chapter 5.9. km, unless existing restrictions lead to different Reference is made to planning principle 4.4.4.3. dimensions. This width does not indicate whether, when and how many submarine cable The border corridors N-VI to N-XV and O-VI to systems are to be routed through the respective O-XIII at the outer border of the EEZ serve the Rules 49 purpose of bundling possible cross-border In border corridors O-IX and O-X, interference submarine cable systems which are not yet with the submarine diving areas Bravo 2-5 used known in terms of their specific route, in or by NATO must be reduced as far as possible. A through the German EEZ. The border corridors route outside these areas is to be aimed for. are based on existing plans for cross-border Further co-ordination of the border corridors N- submarine cable systems and wind farms as well VI to N-XV and O-VI to O-XIII for cross-border as on the pipelines and data cables already laid. submarine cable systems with the riparian states In defining the border corridors, the known plans is to take place within the framework of updates for OWPs in neighbouring countries were also of the FEP, the respective regional development taken into account in order to enable the plans or the respective approval procedures. development of a sea-wide network. Border corridor N-XV was extended to the extent that Reference is made to Figure 21 and Figure 22. submarine cables north of the Dutch wind farms can be routed to the border corridor. 50 Rules Table 14: Overview of border corridors and routes for cross-border power lines identified in the FEP Cross border corridor Cross border corridor Country A Country B A B Nordsee N-III N-VI Germany Norway N-III N-XI Germany UK N-III N-XV Germany UK N-VI N-XIV Denmark / Norway Netherlands N-VII N-XIII Denmark / Norway Netherlands N-VIII N-XII Denmark UK N-X N-XIII Norway Netherlands NOR-1-1 N-XV Germany, Area N-1 Netherlands Ostsee O-V O-VI Germany Denmark O-IV O-VII Germany Denmark O-III O-VIII Germany Denmark O-III O-IX Germany Schweden O-III O-IX Germany Schweden O-I O-X Germany Denmark O-I O-XI Germany Denmark O-XIII O-XII Germany n.n. Rules for pilot offshore wind turbines 51 Routes and route corridors for Spatial requirements connections between Summary installations Table 8: Overview of train paths defined in the FEP for - installation of pilot wind turbines only in areas connections between installations defined under 5.1 Platform A Platform B - Compliance with the planning principles North Sea NOR-9-1 NOR-9-2 Baltic Sea Technical conditions and - - requirements for grid connection Summary 6 Rules for pilot offshore - Agreement or consent with or from affected wind turbines third parties, e.g. - OWP projects for the use of the Available grid connection transformer platform and for the spatial capacities and technical integration in its projects Table 16: Grid connection capacities available - Neighbouring OWP projects for pilot wind turbines - Responsible TSO, e.g. to check that Connecting line Available grid the connecting line is operated in connection capacities conformity with the approval (e.g. for pilot wind turbines compliance with 2K criteria) and to North Sea distribute the power in case of several NOR-2-2 88 MW three-phase submarine cable systems /DolWin1/alpha NOR-2-3 50 MW - Interface agreement with OWP promoter or /DolWin3/gamma TSO for connection to the platform NOR-3-3 ca. 58,25 MW /DolWin6/kappa NOR-4-2 /HelWin2/beta 15 MW 1) NOR-6-2 /BorWin2/beta 14,4 MW Baltic Sea OST-1-3 5 MW OST-2-1 3 MW OST-2-3 23,75 MW 1) As the 62 MW capacity available on the NOR-4-2 connection system (HelWin2/beta) is partly released for the NOR-7-2 connection system to be built at the Büttel grid connection point, the grid connection capacity available for pilot wind turbines in area N-4 is reduced to 15 MW. 52 Areas for other forms of energy generation 7 Areas for other forms of examined whether it is also possible to designate additional areas, e.g. in zones 4 and 5 (cf. energy generation background information in Chapter 2.6.1.2). Due to the limited space in the EEZ, competition Call for tenders for other forms between grid-bound and off-grid energy of energy generation production may arise. For a better overview, the areas for other forms Planning approval of other forms of energy generation are designated with the of energy generation plants letters SEN or SEO for other energy generation areas in the North Sea and Baltic Sea and Definition of areas for other numbered consecutively. forms of energy generation The area for other forms of energy generation Two other areas for other forms of energy SEO-1 is under review due to possible conflicts generation are identified under this plan. These of use with regard to nature conservation issues, are areas which are too small to be connected to in particular bird migration. Reference is made to the grid. Due to the proximity of the coast, the the comments on area O-2 in Section 5.2.2. areas in distance zones 1 to 3 should initially be Name Position Size Distance reserved for grid-bound energy production. to shore EEZ North In this preliminary draft, two areas in zones 1 and SEN-1 Sea ca. 28,8 km² Zone 2 2 are therefore put up for discussion. SEO-1 (under EEZ Baltic In the longer term and taking into account the ca. 7,8 km² Zone 1 examination Sea continuation of spatial planning, it can be ) Areas for other forms of energy generation 53 North sea Figure 23: Areas for other forms of energy generation in the North Sea EEZ SEN-1 borders northeast on the offshore wind option from a geographical point of view in farms "EnBW Hohe See", "Albatros" and "Global relation to the capacity of a standard connection Tech 1". The "NorNed" interconnector also runs in the North Sea with 2 GW transmission roughly through the middle of the area. To the capacity. This is particularly true in view of the west, north and east, the area is also bordered limited number of possible route corridors in the by shipping routes. North Sea when crossing the territorial sea. In order to achieve the medium- and long-term The construction of own cables and pipelines to expansion targets for offshore wind energy, the transport energy or energy sources from another available corridors, especially in the North Sea, energy production area in the German North Sea should be reserved for grid-bound wind energy. EEZ is excluded for the other energy production This also applies to a greater extent to the area SEN-1 defined here. One of the reasons for construction of a private pipeline with this is that the possibility to construct a separate comparatively low transmission capacity, which power cable, e.g. to connect a land-based would require even more space due to the electrolysis plant to the area for other forms of greater distances involved. energy generation, is an inefficient connection 54 Areas for other forms of energy generation Baltic Sea Figure 24: Areas for other forms of energy generation in the Baltic Sea EEZ SEO-1 (under review) is bounded to the north by operator of the area. Consistency of the the "Baltica Segment 3" data cable, to the east specifications with private and public interests by the OST-2-4 connection system under review, to the south by a shipping route and to the west by a research reserve area. The area for other forms of energy generation SEO-1 is under examination due to possible conflicts of use with regard to nature conservation issues, in particular bird migration. Reference is made to the comments on area O- 2 in Chapter 5.2.2. In the event that the SEO-1 (under review) is to be connected by a submarine cable system, a possible route for the development of the area will be spatially secured on the basis of the consultation of the preliminary draft. This would have to be constructed and operated in accordance with the legal requirements by the Conformity of the rules with private and public concerns 55 8 Conformity of the rules The admissibility of the specifications was examined by the state of Mecklenburg-Western with private and public Pomerania for the coastal waters of concerns Mecklenburg-Western Pomerania. Please see the environmental report of the Mecklenburg- According to section 5 subsection 3 of the Western Pomerania spatial development WindSeeG, spatial specifications are programme (LEP-MV) with regard to the threat inadmissible if there are overriding opposing to the marine environment. public or private interests. A catalogue lists the particular concerns involved. If any of these Legal grounds for exclusion reasons for exclusion exists, a specification is inadmissible in any case. The list of concerns is 8.1.1 Compliance with spatial planning not exhaustive.7 Individual concerns must be requirements weighed against each other where there is Any provisions that fail to comply with spatial competition between them. planning requirements according to section 17 For the specification of sites and areas according subsection 3 of the Federal Spatial Planning Act to section 5 subsection 1 nos. 1 and 2 of the are inadmissible. This will then involve the land WindSeeG which are located in a cluster defined use aspects of the specifications according to by the Spatial Offshore Grid Plan (BFO) under regional criteria. According to section 3 section 17a of the Energy Industry Act, or in a subsection 1 No. 1 of the Federal Spatial priority, reserved or designated area of a Spatial Planning Act, the requirements of spatial Plan according to section 17 subsection 3 planning represent the generic term for spatial sentence 1 of the Federal Spatial planning Act, planning objectives, principles and other the admissibility of the specification need only be requirements of spatial planning. According to examined if additional or other significant section 4 subsection 1 No. 1 of the Federal aspects are discernible or if updates and in- Spatial Planning Act, the spatial planning depth examinations are required (cf. section 5 objectives must be observed in regionally subsection 3 sentence 3 of the WindSeeG). significant planning operations and measures, and other requirements of spatial planning must The background to this is that when examining be taken into account in balancing or the specifications of the clusters in the Spatial discretionary decisions. Offshore Grid Plan and priority, reserved or designated sites in the Spatial Plans for the The Spatial Plans for the German Exclusive North Sea and Baltic Sea EEZs, a balancing Economic Zone in the North and Baltic Sea decision was already made in accordance with EEZs8 for the first time specify spatial planning the applicable provisions in which the concerns objectives and principles for this region with were weighed against and among one another. regard to economic and scientific use, ensuring the safety and ease of shipping traffic and 7 Cf. BT DrS 18/8860 of 21 July 2016, draft bill of the 8 Appendix volume to Federal Law Gazette I No. 61 of 25 CDU/CSU and SPD parliamentary groups, draft bill on the September 2009, annex to the Ordinance on Spatial introduction of calls for tenders relating to renewable Planning in the German Exclusive Economic Zone in the energies and further amendments to the law on renewable North Sea; appendix volume to the Federal Law Gazette I energies, p. 273. No. 78 of 18 December 2009, annex to the Ordinance on Spatial Planning in the German Exclusive Economic Zone in the Baltic Sea. 56 Conformity of the rules with private and public concerns protection of the marine environment. Guidelines Landscape planning) were extended to the area for spatial development are formulated and of the German EEZ and the continental shelf in objectives and principles are defined, in accordance with section 56 subsection 1 of the particular areas for uses and functions. The Federal Nature Conservation Act. This means Spatial Plan defines coordinated specifications that in particular, the requirements of statutory for the individual uses and functions of shipping, biotope conservation (section 30 of the Federal extraction of raw materials, pipelines and subsea Nature Conservation Act), European cables, scientific marine research, wind power conservation of natural habitats (section 34 of generation, fisheries and mariculture, and the Federal Nature Conservation Act) and protection of the marine environment. special wildlife conservation (sections 44 ff. of the Federal Nature Conservation Act) must be The specifications of the draft were reviewed to observed. The corresponding examinations ensure that they are compliant with the spatial were carried out as part of the Strategic planning objectives and principles. Environmental Assessment and presented in the The spatial plans for the exclusive economic environmental reports. For assessment of the zone are being updated. The first draft plan is risk to the marine environment, reference is expected to be published by the end of made to chapters 7.3 to 7.6, the environmental September 2020. The stipulations made in this reports and, for specifications based on previous context will be observed and taken into account sectoral plans, the environmental reports for the in the updating of the FEP, see also Chapter Spatial Offshore Grid Plan, in particular the 2.6.1.2. environmental report on the Spatial Offshore Grid Plan for EEZ 2016/17. 8.1.2 No hrisk to the marine environment According to section 5 subsection 3 sentence 2 8.1.3 No negative impact on safety or ease no. 2 of the WindSeeG, specifications that of traffic endanger the marine environment are Specifications that effect the safety and ease of inadmissible. traffic are also inadmissible according to section In this context, the existing provisions of specific 5 subsection 3 sentence 2 no. 3 WindSeeG. legislation, i.e. above all those relating to wildlife In defining the areas, the requirements of the conservation and conservation of natural spatial plans were observed and taken into habitats, as well as the assessments with regard account. Changes to the areas defined in the to likely significant environmental effects within BFO result primarily from the published and the scope of the Strategic Environmental consulted concept for updating the spatial plans Assessment, establish the fact of the threat to and are based on the shipping route 10 defined the marine environment. therein. As matters related to navigation were Reference is made to the maps in chapter 0 for otherwise already examined within the the representation of the area. framework of the preparation and updating of the BFO, a renewed examination of the areas and Under Art. 1 of the Federal Nature Conservation sites pursuant to section 5 para. 3 sentence 3 Act (BNatSchG),9 all instruments of nature WindSeeG is generally not necessary or is not conservation (with the exception of chapter 2: 9 Act dated 29 July 2009, Federal Law Gazette. I No. 51 p. 2542, last amended by article 1 of the Act dated 15 September 2017, Federal Law Gazette I p. 3434. Conformity of the rules with private and public concerns 57 required in accordance with the following and Baltic Sea. Therefore, areas and sites are explanations, except for the definition of areas N- not specified in nature conservation sites. 9 to N-13 and individual definitions. 8.1.6 No location outside the areas and For the examination of the spatially modified sites designated in BFO clusters or areas N-9 to N-13, reference is made to Chapter by coastal states 8.5, 2.6.1 and to the procedure for updating the spatial plans for the EEZ. The specification of areas or sites outside clusters 1 to 8 in the North Sea and clusters 1 to 8.1.4 No impairment of the security of 3 in the Baltic Sea of the BFO, or the areas or national and Alliance defence sites designated by a coastal state in coastal waters, are inadmissible according to section 5 According to section 5 section 3 subsection 4 subsection 3 sentence 2 no. 5b WindSeeG. This WindSeeG, the security of national and Alliance does not apply if sufficient areas and sites defence must not be impaired by any cannot be defined in these clusters, areas and specifications. sites in order to achieve the expansion target The definitions of the areas in the North Sea and according to section 4 no. 2b of the Renewable Baltic Sea were largely adopted from the clusters Energy Sources Act (15 GW in 2030). Since the already defined in the BFO for the North Sea and first sentence of Article 1 (2) WindSeeG-E plans Baltic Sea. Area O-3 was reduced to the actual to increase the expansion targets to 20 GW by built-up area due to national and alliance 2030 and to a total of 40 GW by 2040, these defence concerns. The routing of submarine expansion targets are taken as a basis. cable systems in submerged submarine areas With this regulation, connection of the new will be avoided as far as possible. In the case of system to previous sectoral planning with the border corridor O-IX, the planned routing will be BFO is ensured. In particular, expansion of the carried out with reduced distances in the area of use of offshore wind energy should initially take the wind farm's safety zone. Issues related to place in the clusters already examined in more national and alliance defence have already been detail and in the coastal area designated by a examined within the framework of the country. The opening clause ensures that preparation and updating of the BFO, so that a planning can go beyond the stated BFO clusters renewed examination of the areas and sites and areas and sites in coastal waters if this is according to § 5 para. 3 sentence 3 WindSeeG necessary in order to achieve the expansion will probably not be necessary for the time being, objective. except for isolated specifications. 8.1.5 No location in a legally designated protected area Section 5 subsection 3 sentence 2 no. 5 WindSeeG stipulates that specifications of areas or sites in protected sites designated in accordance with section 57 of the Federal Nature Conservation Act are inadmissible. The specifications of the areas in the North Sea and Baltic Sea were largely taken from the clusters already defined in the BFOs for the North Sea 58 Conformity of the rules with private and public concerns Other public and private memorandum – were a private interest, there is interests no right to specify a site or a certain site layout. In addition to the reasons for exclusion expressly Insofar as the conditions for the right of entry listed in section 5 subsection 3 sentence 2 according to §§ 39 ff. WindSeeG, it is relevant WindSeeG, a number of other concerns are that the right of entry in accordance with § 39 relevant within the framework of the review of the WindSeeG can be assigned a predominant Site Development Plan specifications according share (at least 50 %) for the subsequent exercise to section 5 subsection 3 sentence 1 WindSeeG. of the right of entry. This means that within the These include, among others, other uses such framework of the FEP it is relevant whether the as planned and existing data cables, pipelines existing project overlaps more than 50 % with the and mining activities, the concerns of the fishing area defined in the FEP. If this is the case, the industry, health and safety at work, cultural later right of entry - if the prerequisites are met - heritage, disaster control, the economic costs of exists for the entire site. constructing and operating wind farms, and the In the event that several existing projects have a economic costs of constructing and operating right of entry - assuming the conditions are met - offshore connecting lines. only the one which overlaps more than 50% of The latter is also taken into account in the the FEP site has the right of entry. If this is the specification of the sites and the chronological case, the later right of entry - assuming the order of their tendering via criterion 1 of efficient conditions are met - applies to the entire site. use and utilisation of the connecting lines and In the event that an site is not defined in the FEP, criterion 2 of efficient planning, construction and even though the prerequisites for a right of entry use of the connecting lines still to be completed in accordance with §§ 39ff. WindSeeG may in accordance with section 5 subsection 4 exist, reference is made to Chapter 8.9 of FEP sentence 2 nos. 1 and 2 WindSeeG. This also 2019. applies to the geographical proximity to the coast according to section 5 subsection 4 sentence 3 As a basis, planning principles were introduced no. 3 WindSeeG, which influences the costs of in order to prevent hazards to the marine the offshore connecting line. The operational environment, impairments to safety and ease of costs are included in the specifications of the traffic, and impairments to safety and ease of draft via the criteria of geographical proximity to national and Alliance defence, and to mitigate the coast, the expected actual these to such an extent that there are no impairments or hazards. Besides the general The interests of existing projects that have not principles, the planning principles also been awarded contracts in the tendering specifically concern areas and sites, platforms procedures are not private or public interests and subsea cable systems (see chapter 4.4). which preclude specification.10 This is indicated by the wording of section 5 subsection 3 The requirements of spatial planning are taken sentence 2 WindSeeG, which lists the concerns up by the following planning principles in the with a potential degree of involvement and does FEP: not mention the right of subrogation. Even if the right of subrogation – contrary to the explanatory 10 Cf. BT DrS 18/8860 of 21 June 2016, draft bill of the introduction of tenders from renewable energies and further CDU/CSU and SPD parliamentary groups, draft bill on the amendments to the law on renewable energies, p. 273. Conformity of the rules with private and public concerns 59 - Consideration of regulatory standards, specifications and concepts - Emission mitigation - the principle of overall coordination of construction and laying work over time - Economic area use - the objective of respecting nature - Bundling of subsea cable systems conservation areas and taking legally - Bundling of subsea cable systems in the protected biotopes into account sense of parallel routing - the objective or principle stating that the - Careful installation safety and efficiency of shipping must not be compromised - Covering - the objective of dismantling wind turbines, - Mitigation of sediment heating (compliance subsea cables and pipelines with 2 K criteria) - the objective of taking into account all The following planning principles serve to existing and authorised uses prevent impairments to the safety and efficiency of shipping: - the principle of taking into account locations where cultural assets have been found - Overall chronological coordination of installation works - the principle of economic area use - No negative impact on safety and efficiency - the principle of bundling of subsea cable of shipping systems - Dismantling of wind turbines, subsea cables - the objective of crossing the priority areas by and pipelines the shortest route - Bundling of subsea cable systems in the - the objective of ensuring that shipping traffic sense of parallel routing crosses priority and reservation areas by the shortest possible route - Ensuring that shipping traffic crosses priority and reservation areas by the shortest - the principle of least intrusive laying possible route procedures - Consideration of regulatory standards, The following planning principles concern specifications and concepts threats to the marine environment: - Perpendicular crossing of shipping priority - Overall chronological coordination of and shipping reservation areas installation works - Preventing crossings; any crossings should - Consideration of nature conservation areas be as perpendicular as possible and regard to legally protected biotopes - Accessibility of platforms with ships - Dismantling of wind turbines, subsea cables and pipelines - Careful installation - Consideration of locations of cultural assets - Covering - Noise mitigation As regards air traffic, a planning principle has been introduced stating that the safety and ease - Minimisation of scour and cable protection of air traffic must not be compromised. 60 Conformity of the rules with private and public concerns The following planning principles serve to With regard to military training areas, there are prevent impairment of the safety and ease of overlaps with specifications of areas in the draft. national and Alliance defence Thus areas N-3, N-4, O-1, O-2 and large parts of O-3 are located within military training areas. As - No interference with the security of national the areas have already been defined as clusters and alliance defence with the BFO North Sea and Baltic Sea, and - Consideration of all existing and approved partly as priority areas for wind energy in the usages Spatial Plan for the North Sea, and no additional, - Dismantling of wind turbines, subsea cables other significant or new aspects are discernible, and pipelines admissibility according to section 5 subsection 3 sentence 3 of the WindSeeG does not need to - Covering be re-examined for the time being. - Installation of sonar transponders For the N-4 area, data are available, particularly With regard to other public and private concerns, from the monitoring results of the OWPs health and safety at work concerns are included operated and from research projects, which call via the planning principle of compliance with into question the designation of the N-4 area for official standards; as are data cables and possible subsequent use, so that the area is pipelines via the planning principle that involves under review in this respect. taking existing and approved uses into For details, please refer to Chapter 5.1.2. consideration. In area N-5, the existing wind farm "Butendiek" Admissibility of the specification is presented for information. Pursuant to section of areas 5 (3) sentence 2 no. 5a WindSeeG, designation as an area or surface would be impermissible The specifications of areas in the North Sea and with regard to any subsequent use, as this area Baltic Sea were largely taken from the clusters is located in the "Sylt Outer Reef - Eastern already defined in the BFOs for the North Sea German Bight" nature conservation area. This and Baltic Sea. As related issues have already also results from Objective 3.5.1 (3) of the North been examined within the framework of the Sea EEZ ROV. In addition, compared to the preparation and updating of the BFO, re- designation of cluster 5 in BFO-N 2012 - 17, the examination according to section 5 subsection 3 area now only includes projects in operation, as sentence 3 WindSeeG is generally not required. additional significant aspects have become Updating or consolidation of the examination is apparent in accordance with section 5 (3) probably not necessary beyond the aspects sentence 3 WindSeeG. described below, due to the last update which took place as recently as the end of 2017. For reasons of nature conservation and environmental law, the area N-5 is under review This applies, in particular, to the designation of with regard to a possible subsequent use for areas N-9 to N-13 in accordance with the offshore wind energy. For details, please refer to explanations given in Chapter 5.1 and 2.6.1.2. section 5.1.2. The designated areas are in any case outside Furthermore, the definition of the areas is not the priority and reservation areas for shipping impermissible under section 5 (3) sentence 2 no. traffic and outside nature conservation areas. 5b WindSeeG, which stipulates that areas and sites must be located within clusters 1 to 8 of the North Sea and 1 to 3 of the Baltic Sea as defined Conformity of the rules with private and public concerns 61 by the BFO. The definition of areas and sites in area of divers corresponds to 5.5 km of habitat the North Sea and Baltic Sea was largely loss due to aversive activities, in order to protect adopted from the clusters already defined in the grebes. For this reason, no threat to the marine BFO for the North Sea and Baltic Sea. This also environment is initially assumed (see does not apply if these clusters, areas and land Environmental Report Chapters 4.5.1, 4.6.1, cannot be sufficiently defined in order to achieve 5.1.2, 5.2.2 and 6). the expansion targets of 20 GW by 2030 and a In order to counteract a threat to national and total of 40 gigawatts by 2040 pursuant to section alliance defence due to a military exercise area 1(2) sentence 1 WindSeeG-E. located in the eastern part of Area O-3, Area O- Although areas N-9 and N-10 lie outside clusters 3 was reduced in the eastern part to the area of 1 to 8 of the BFO for the North Sea, a designation the existing "Baltic 2" wind farm. of areas in areas N-9 and N-10 with areas N-9.1, N-9.2, N-9.3, N-9.4, N-10.1 and N-10.2 is Admissibility of specification of necessary to ensure that the expansion target the sites pursuant to section 1 (2) sentence 1 WindSeeG- The specified sites are outside the priority and E is achieved (cf. Chapter 8.1.6) reserved areas for shipping and outside nature The areas N-11, N-12 and N-13 listed in the reserves. Please refer to Section 8.3 for the Annex for an enhanced expansion path until location of individual areas in military training 2035 are also located outside of clusters 1 to 8. areas. They would be necessary to achieve an With regard to the permissibility of defining site enhanced expansion target. N-3.7, reference is made to FEP 2019 (Chapter As regards the identification of areas N-11 and 7.4). N-13, concerns were expressed in the context of According to the current state of knowledge, an the establishment of the FEP 2019 and were extension of area N-5 for the use of offshore repeated during the consultation on the 2020 wind energy beyond the OWPs "Butendiek", draft. In their comments during the consultation "Dan Tysk" and "Sandbank" in operation at the on the draft FEP 2019, BMU and BfN recently time of this review and specifically with regard to pointed out that clusters 13 and 11 are also of the site N-5.4 described in the drafts of FEP great importance for harbour porpoises (main 2019 under review is not compatible with the distribution area of harbour porpoises from May prohibition under Section 44 para. 1 no. 2 of the to August) and for sea and resting birds as a Federal Nature Conservation Act. The exclusion resting and feeding habitat as well as a wintering of site N-5.4 is based on the extent of the habitat. If necessary at all, clusters 9 and 10 cumulative adverse impacts of OWPs already should be developed by OWPs first, followed by identified from the area of the main concentration cluster 12 (cf. BMU statement of 25 June 2018 of divers in the German North Sea EEZ. The and BfN statement of 14 June 2018). observed loss of 19% of the food and resting As the development of the areas in zone 3 will habitat within the main concentration area, which be necessary to implement the expansion path, is valuable for the conservation of the local grebe this was taken into account in the FEP update / population, in connection with the statistically amendment by initially defining areas only for significant decrease in the abundance of grebes, areas N-9 and N-10. The N-13 area has been prohibits a possible increase of the area of adjusted compared to the FEP 2019 in such a intervention for reasons of species protection of way that the distance to the main concentration the grebe species. 62 Conformity of the rules with private and public concerns This also applies against the background of the issues has become apparent, which makes independent study on divers in the German other areas (e.g. areas in area 9) more suitable North Sea now available, commissioned by the for the expansion of offshore wind energy. For German Offshore Wind Energy Association details, reference is made to the explanations in (BIOCONSULT SH et al., 2020). The study Chapters 5.1.2, 5.2.2 of the FEP and Chapters confirms the findings from research and 4.12.4, 5.2.2.1 and 6.3.2.2 of the draft North Sea monitoring on the functional importance of the Environmental Report, as well as to the FEP main concentration area and the extent of the 2019 and the corresponding environmental avoidance effects on divers caused by offshore reports. wind farm projects (GARTHE et al. 2018), on With regard to the area O-1.3, concerns were which the FEP 2019 was based. In addition, expressed by GDWS in its statement on FEP calculated numbers and developments of the 2019 and the draft FEP 2020 regarding a stock are qualitatively and quantitatively possible hazard to shipping. These can be comparable to the stock calculations of the FTZ clarified by further investigations, not only by a (SCHWEMMER H, 2019). As a result, the risk analysis but also by nautical, traffic and species protection assessment of the area N-5.4 shipping police investigations. This will be from the environmental report of the FEP 2019 presented and evaluated within the scope of the remains valid. suitability test. The definition of the area O-2.2 is In accordance with the precautionary principle currently still being examined. The background under Article 3 UVPG, and in order to exclude a to this is the concerns about the risks to shipping significant disturbance within the meaning of and the marine environment due to bird Article 44 para. 1 No. 2 BNatSchG with the migration (see Chapter 5.2.2 and Environmental necessary degree of certainty, further Report for the Baltic Sea Chapters 4.12.5 and cumulative effects from the construction of 5.2.2.1). further offshore wind turbines in area N-5 must be avoided. Admissibility of further Due to the considerable cumulative effects on designations the stock of divers resulting from the realisation The locations of platforms, routes and route of further wind farm projects in the main corridors for offshore connecting lines, as well as concentration area, which cannot be excluded, for cross-border power lines, for possible there is already a threat to the marine connections between or among the turbines, environment within the meaning of Article 5 para. locations where the connecting lines cross the 3 sentence 2 no. 2 WindSeeG - irrespective of boundary between the EEZ and coastal waters, the question of admissibility under species and standardised technical and planning protection law. One of the reasons for this is that principles are also examined with regard to the main concentration area is an important whether they are admissible under section 5 functional component of the marine environment subsection 3 sentence 2 WindSeeG. with regard to seabirds and resting birds. For this According to BfN reports, the grid connections reason, the designation of area N-5.4 is not leading through border corridor N-I run on a permitted. sandbank, which is a legally protected biotope In addition, a conflict of use in accordance with under Article 30 BNatSchG. This does not cause section 5 (4) sentence 2 no. 4 WindSeeG any significant impairment of the biotope. In area between the use of offshore wind energy and N-2 there are available grid connection nature conservation and environmental law capacities for pilot wind energy plants. According Summary consideration 63 to BfN reports, the southern part of area N-2 is Assessment has shown that this is not likely to also on the sandbank. The determination of have any significant environmental impacts (see available grid connection capacities is not a Chapter 6.5.1 of the Environmental Report for subject of the inadmissibility review according to the North Sea and Baltic Sea). the list of § 5 (3) sentence 1 WindSeeG. Apart With regard to the test site, Land M-V confirmed from this, however, the specification would not that all public and private interests were cause any significant impairment of the biotope comprehensively examined in the procedure for (see North Sea Environmental Report, Chapter the adoption of the Land spatial development 6.2.1). Whether and where exactly the programme. construction and operation of pilot wind energy plants at sea is permissible is solely decided by The other energy generation area SEO-1 is the approval procedure for pilot wind energy under examination with regard to nature plants at sea to be carried out later. conservation issues, in particular bird migration The route for the NOR-7-2 connection system is 9 Summary consideration currently only up to the border corridor N-V. Depending on the route in the territorial sea, [will be executed after consultation] intersections of existing connection systems 10 Summary environmental north of border corridor N-IV in the EEZ may be necessary. The route in this area is currently declaration and monitoring being coordinated. measures Two cross-border submarine cable systems [will be executed after consultation] cross the "Doggerbank" nature reserve from border corridor N-XI to border corridor N-XIV and from border corridor N-XII to N-III. In the Baltic Sea, cross-border undersea cable systems run from border corridor O-XII to border corridor O- XIII through the "Pomeranian Bay - Rönnebank" nature reserve and from border corridor O-V to border corridor O-VI through the "Fehmarn Belt" nature reserve. The Strategic Environmental 64 Bibliography 11 Bibliography Agora Energiewende et al. (2020). Making the Most of Offshore wind: re-Evaluating the Potential of Offshore Wind in the German North Sea. Berthold, P. (2000). Bird migration - A current general overview. Darmstadt: Scientific Book Society. BioConsult SH GmbH & Co. KG. (2020). Divers (Gavia spp.) in the German North Sea: Changes in Abundance and Effects of Offshore Wind Farms. Husum. BIOCONSULT SH GMBH & CO.KG. (2017). OWP "Butendiek" 1st year of investigation of the operational phase resting birds. Reporting period: July 2015 to June 2016. Husum: Unpublished expert report commissioned by Deutsche Windtechnik AG,. BIOCONSULT SH GMBH & CO.KG. (2018). 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Platis, A., Siedersleben, S. K., Bange, J., Lampert, A., Bärfuss, K., Hankers, R., . . . Emeis, S. (01. Februar 2018). First in situ evidence of wakes in the far field behind offshore wind farms. Nature Scientific Reports. Prognosis. (2019). Support for the establishment and continuation of the FEP: Future framework conditions for the design of offshore wind farms and their grid connection systems - 2nd interim report. Pipey, K. (2018). Wind Energy Report Germany 2017. Fraunhofer Institute for Energy Economics and Energy System Technology IEE. Schmälter, A. (2017). Commentary on the Offshore Installations Ordinance. In Danner/Theobald, Energy Law (p. § 7 SeeAnlV). Munich: C.H.Beck. Schneemann, J., Rott, A., Dörenkämper, M., Steinfeld, G., & Kühn, M. (2020). Cluster wakes impact on a far-distant offshore wind farm's power. Wind Energy Science(5), S. 29-49. doi:https://doi.org/10.5194/wes-5-29-2020 Skov, H., & Prins, E. (2001). Impact of estuarine fronts on the dispersal of piscivorous birds in the German Bight. Marine Ecology Progress Series 214, S. 279 – 287. Bibliography 67 Transmission system operators. (19 December 2018). Common position of the transmission system operators on the draft area development plan. Berlin, Dortmund, Bayreuth, Stuttgart. Welcker, J., & Nehls, G. (2016). Displacement of seabirds by an offshore wind farm in the North Sea. Marine Ecology Progress Series, S. 554: 173−182. Wolf, R. (2004). Legal problems in the connection of offshore wind farms in the EEZ to the grid. ZUR, 65-74. 68 Annex: Maps (information purposes) 12 Annex: Maps (information purposes) Figure 25: Shipping routes of the North Sea EEZ Spatial plan 2009 [will be updated in the final version taking into account the ongoing update procedure of the spatial plans]. Figure 26: Shipping routes of the Baltic Sea EEZ Spatial plan 2009 [will be updated in the final version taking into account the ongoing update procedure of the spatial plans]. Annex: Maps (information purposes) 69 Figure 27: North Sea EEZ Spatial plan 2009 [will be updated in the final version taking into account the ongoing process of updating the spatial plans]. Figure 28: Baltic Sea EEZ Spatial plan 2009 [will be updated in the final version taking into account the current update procedure for the spatial plans]. 70 Annex: Maps (information purposes) Annex: Maps (information purposes) 71 Figure 29: Designations submarine cables, pipelines, traffic separation areas (North Sea) Figure 30: Designations submarine cables, pipelines, traffic separation areas (Baltic Sea) 72 Annex: Maps (information purposes) Figure 31: National defence areas (North Sea) Figure 32: National defence areas (Baltic Sea) Annex: Maps (information purposes) 73 Figure 33: Areas for the erection and operation of offshore wind energy plants in the German North Sea EEZ and nature conservation areas. Figure 34: Areas for the erection and operation of offshore wind energy plants in the German Baltic Sea EEZ and nature conservation areas. 74 Annex: Informational illustration of a long-term development path (scenario framework 2021-2035) 13 Annex: Informational areas against the background of the effects of long-range wake effects. In addition, an illustration of a long-term assessment of the spatial outline of the areas development path requires the completion of the currently ongoing update procedure of the spatial plans for the (scenario framework 2021- German EEZ. In the context of this informative 2035) presentation, a range of 8 to 10 GW is therefore initially assumed for the expected installed The scenario framework for NEP 2021-2035 capacity for the areas N-11 to N-13. To connect approved by the BNetzA on 26 June 2020 the corresponding areas, four to five additional contains three probable paths (so-called grid connection systems would be required. scenarios) for a development of the expansion of Although Table 17 does not provide any offshore wind energy The scenario framework is information on the chronological order, it would the basis for the preparation of the NEP pursuant probably start with areas in area N-12 before N- to Article 12b EnWG for determining the 11 and N-13. expansion requirement in the transmission grid and is approved by the BNetzA after a To illustrate the scenario framework of NEP consultation and review pursuant to Article 12a 2021-2035, additional areas and surfaces would (3) EnWG. therefore be required in areas N-11 to N-13, depending on the amount of power expected to The middle scenario B 2035 of the scenario be installed. With regard to further potential framework 2021-2035 envisages an expansion areas in zones 4 and 5, reference is made to the of offshore wind energy of 30 GW by 2035. With update of the spatial plans for the German North scenario B 2040, the scenario framework Sea and Baltic Sea EEZ. contains an outlook beyond 2035 until 2040, with the scenario being based on scenario B 2035 Reference is made to the challenges and with regard to expansion until 2035. Scenario B prerequisites for the implementation of the 2040 envisages an expansion of offshore wind scenarios listed in FEP 2019. energy of 40 GW by 2040. Furthermore, reference is made to the In the procedure of the FEP 2019, it was preparation, review and confirmation of the NEP requested with reference to the scenario 2021-2035. framework 2019-2030 that the FEP should present a corresponding scenario even before a legal adaptation. In order to comply with this requirement in the FEP update and for the purpose of long-term planning, a long-term scenario is presented here for information purposes only, which gives an outlook on the areas available in the N-11 to N-13 areas after the target year 2030, without, however, specifying concrete tender or commissioning years. As shown in Chapter 4.7.3, there is still a need for further investigation to determine the expected installed capacity for the N-11 to N-13 Annex: Informational illustration of a long-term development path (scenario framework 2021- 75 2035) Table 17: Informative presentation of the sites potentially available in zones 1-3 beyond 2030 based on the scenario framework 2021- 2035 (30 GW by 2035) Calender year Calender year Site Connection Expected Total expected tender commissioning system installed power installed power [MW] [MW] N-12.1/N-12.2 NOR-12-1 2.000 N-12.3/N-12.4 NOR-12-2 2.000 after 2025 after 2030 N-11.1/N-11.2 NOR-11-1 2.000 8.000-10.000 N-13.1/N-13.2 NOR-13-1 2.000 ggf. N-11.3/N-12.5/N-13.3 ggf. NOR-11-2 ggf. 2.000 ca. 28.400- Expected total potential in zones 1-3 30.4001) 1) Additional potential could result from the development of open spaces in area O-6. However, this is subject to the actual availability of the land. Draft environmental report for the draft Site Development Plan 2020 for the German North Sea Exclusive Economic Zone Hamburg, 4 September 2020 II Inhalt Content 1 Introduction 1 Legal basis and tasks of the environmental assessment 1 Brief description of the content and most important objectives of the Site Development Plan 1 Relationship with other relevant plans, programmes and policies 1 Presentation and consideration of environmental protection objectives 7 1.4.1 International conventions on the protection of the marine environment 7 1.4.2 Environmental and nature conservation requirements at EU level 8 1.4.3 Environmental and nature conservation requirements at national level 8 1.4.4 The Federal Government's energy and climate conservation aims 8 Strategic Environmental Assessment methodology 9 1.5.1 Introduction 9 1.5.2 Area of investigation 10 1.5.3 Carrying out the environmental assessment 11 1.5.4 Criteria for status description and assessment 14 1.5.5 Assumptions for discription and assessment of likely significant environmental effects 14 1.5.6 Cumulative assessment 15 1.5.7 Interrelationships 16 1.5.8 Specific assumptions for the assessment of likely significant environmental impacts 16 Data sources and indications of difficulties in compiling the documents 20 1.6.1 Overview of data source 21 1.6.2 Indications of difficulties in compiling the documents 21 2 Description and assessment of state of the environment 25 Introduction 25 Soil/Area 25 2.2.1 Data availability 25 2.2.2 Geomorphology 25 2.2.3 Sediment distribution on the seabed 25 Inhalt III 2.2.4 Geological structure of the near-surface subsoil 25 2.2.5 Distribution of pollutants in the sediment 25 2.2.6 Status assessment 25 Water 25 2.3.1 Currents 25 2.3.2 Swell 25 2.3.3 Temperature, salinity and seasonal stratification 25 2.3.4 Ice conditions 25 2.3.5 Fronts 25 2.3.6 Suspended matter and turbidity 25 2.3.7 Status assessment with regard to nutrient and pollutant distribution 25 Plankton 26 2.4.1 Data availability 26 2.4.2 Spatial distribution and temporal variability of phytoplankton 26 2.4.3 Spatial distribution and temporal variability of zooplankton 26 2.4.4 Status assessment of plankton 26 Biotopes 26 2.5.1 Data availability 26 2.5.2 Legally protected marine biotopes according to section 30 of the Federal Nature Conservation Act and FFH habitat types 26 2.5.3 Status assessment 26 Benthos 26 2.6.1 Data availability 26 2.6.2 Spatial distribution and temporal variability 26 2.6.3 Status assessment of the factor Benthos 26 Fish 26 2.7.1 Data availability 26 2.7.2 Spatial distribution and temporal variability 26 2.7.3 Status assessment of the factor Fish 26 Marine mammals 26 2.8.1 Data availability 26 2.8.2 Spatial distribution and temporal variability 26 IV Inhalt 2.8.3 Status assessment of the factor Marine mammals 26 Seabirds and resting birds 27 2.9.1 Data availability 27 2.9.2 Spatial distribution and temporal variability 27 2.9.3 Status assessment of seabirds and resting birds 27 Migratory birds 27 2.10.1 Data availability 27 2.10.2 Spatial distribution and temporal variability of migratory birds 27 2.10.3 Status assessment of the factor Migratory birds 27 Bats and bat migration 27 2.11.1 Data availability 27 2.11.2 Spatial distribution and status assessment 27 Biodiversity 27 Air 27 Climate 27 Landscape 27 Material assets, cultural heritage (archaeology) 27 Human beings, including human health 27 Interrelationships between the factors 27 3 Expected development in the event of non-implementation of the plan 28 Soil/Area 29 Water 29 Plankton 29 Biotopes 29 Benthos 30 Fish 30 Marine mammals 30 Seabirds and resting birds 30 Migratory birds 30 Bats and bat migration 30 Biodiversity 30 Inhalt V Air 30 Climate 30 Landscape 30 Material assets, cultural heritage (archaeology) 30 Human beings, including human health 30 Interrelationships between the factors 30 4 Description and assessment of the likely significant effects of the implementation of the Site Development Plan on the marine environment 31 Soil/Areas 31 4.1.1 Areas, sites and platforms 31 4.1.2 Subsea cable systems 31 Benthos 31 4.2.1 Areas and sites 31 4.2.2 Platforms 31 4.2.3 Subsea cable systems 31 Biotopes 31 4.3.1 Areas and sites 31 4.3.2 Platforms 31 4.3.3 Subsea cable systems 32 Fish 32 4.4.1 Areas and sites 32 4.4.2 Platforms 32 4.4.3 Subsea cable systems 32 Marine mammals 32 4.5.1 Areas and sites 32 4.5.2 Platforms 32 4.5.3 Subsea cable systems 32 Seabirds and resting birds 32 4.6.1 Areas and sites 32 4.6.2 Platforms 32 4.6.3 Subsea cable systems 32 VI Inhalt Migratory birds 32 4.7.1 Areas and sites 32 4.7.2 Platforms 32 4.7.3 Subsea cable systems 32 Bats and bat migration 32 4.8.1 Areas and sites 32 4.8.2 Platforms 32 4.8.3 Subsea cable systems 32 Climate 32 Landscape 32 4.10.1 Areas and sites 32 4.10.2 Platforms 32 Interrelationships 32 Cumulative effects 32 4.12.1 Soil/area, benthos and biotopes 32 4.12.2 Fish 32 4.12.3 Marine mammals 32 4.12.4 Seabirds and resting birds 32 4.12.5 Migratory birds 32 Transboundary impacts 32 5 Assessment of wildlife conservation regulations 34 Marine mammals 34 5.1.1 Section 44 subsection 1 no. 1 of the Federal Nature Conservation Act (prohibition of killing and injury) 34 5.1.2 Section 44 subsection 1 no. 2 of the Federal Nature Conservation Act (prohibition of disturbance) 34 Avifauna (seabirds, resting birds and migratory birds) 34 5.2.1 Section 44 subsection 1 no. 1 of the Federal Nature Conservation Act (prohibition of killing and injury) 34 5.2.2 Section 44 subsection 1 no. 2 of the Federal Nature Conservation Act (prohibition of disturbance) 34 Bats 35 Inhalt VII 5.3.1 Section 44 subsection 1 nos. 1 and 2 of the Federal Nature Conservation Act 35 6 Assessment of the implications 36 Legal basis 36 Assessment of the compatibility of the FEP with protected species 38 6.2.1 Impact assessment pursuant to Article 34 para. 1 BNatSchG in conjunction with Article 6 (3) of the Habitats Directive and under Article 5 (6) of the Ordinance on the Establishment of the "Borkum Riffgrund" Nature Reserve 38 6.2.2 Impact assessment pursuant to Article 34 para. 1 BNatSchG in conjunction with Article 6 (3) of the Habitats Directive and Article 5 (6) of the Ordinance on the Establishment of the "Sylt Outer Reef - Eastern German Bight" Nature Reserve with regard to marine mammals and protected bird species 38 6.2.3 Impact assessment pursuant to Article 34 para. 1 BNatSchG in conjunction with Article 6 (3) of the Habitats Directive and Article 5 (7) of the Ordinance on the designation of the Doggerbank nature conservation area 39 Natura2000 sites outside the German EEZ 39 Results of the impact assessment 40 7 Overall plan evaluation 41 8 Measures to prevent, mitigate and offset significant negative effects of the Site Development Plan on the marine environment 42 Introduction 42 Areas and sites for offshore wind turbines 43 Platforms 44 Subsea cable systems (DC and AC cable systems) 45 9 Investigated alternatives 47 Zero alternative 48 Strategic alternatives 48 Spatial alternatives 48 9.3.1 Alternative assessment for areas 48 9.3.2 Comparison of the sites with each other 48 9.3.3 Bypass sandbank Borkum reef ground 54 VIII Inhalt Technical alternatives 57 10 Measures envisaged for monitoring the environmental impacts 59 Monitoring of the potential effects of the areas and sites for offshore wind turbines 61 Monitoring of potential effects of platforms 62 Monitoring of the potential effects of sea cables 62 11 Non-technical summary 64 12 References 83 Inhalt IX List of figures Figure 1: Overview of the staged planning and approval process in the central model. ................... 3 Figure 2: Overview of the protected assets in the environmental assessments. .............................. 4 Figure 3: Environmental assessments in the staged planning and approval process, with emphasis on the assessment in question. ....................................................................................................... 2 Figure 4: Object of the planning and approval procedures, with emphasis on environmental assessment..................................................................................................................................... 3 Figure 5: Overview of the priorities of environmental assessments in the planning and approval process ........................................................................................................................................... 6 Figure 6: Overview of the standards of the relevant legal acts for the SEA. .................................... 9 Figure 7: Definition of the area of investigation for the SEA for the Site Development Plan for the North Sea EEZ. ............................................................................................................................. 11 Figure 8: General methodology for assessing the likely significant environmental effects. ............ 13 Figure 9: Alternative routes for gates N-IV and N-V. ..................................................................... 54 Figure 10: Alternative routes for connecting sites N-6.6, N-6.7, N-9.3 und N-9.4........................... 56 X Inhalt List of figures Table 1 Project-related effects of implementing the site development plan. .................................. 14 Table 2: Parameters for the consideration of areas and sites. ....................................................... 18 Table 3: Parameters for the consideration of network connections and platforms ......................... 18 Table 4: Parameters for the consideration of sea cable systems................................................... 20 Table 5: Site comparison using nature conservation criteria. ........................................................ 49 Table 6: Comparison of the route lengths for the variants via the sandbank versus bypassing the Borkum Reef Ground sandbank. ................................................................................................... 56 Inhalt XI List of abbreviations AC Alternating current AIS Automatic Identification System (for ships) ASCOBANS Agreement on the Conservation of Small Cetaceans of the Baltic and North Seas AWI Alfred Wegener Institute for Polar and Marine Research BBergG Federal Mining Act BfN Federal Agency for Nature Conservation BFO Spatial Offshore Grid Plan BFO-N Spatial Offshore Grid Plan North Sea BFO-O Spatial Offshore Grid Plan Baltic Sea BGBI Federal Law Gazette BIAS Baltic Sea Information on the Acoustic Soundscape Directive 2009/147/EC of the European Parliament and of the Council of 30 No- Birds Directive vember 2009 on the conservation of wild birds Federal Ministry for the Environment, Nature Conservation, Construction and Nu- BMUB clear Safety Act concerning nature conservation and landscape management BNatSchG (Federal Nature Conservation Act) Federal Network Agency for Electricity, Gas, Telecommunications, BNetzA Post and Railway BSH Federal Maritime and Hydrographic Agency CMS Convention on the Conservation of Migratory Species of Wild Animals CTD Conductivity, Temperature, Depth Sensor DC Direct current DDT Dichlorodiphenyltrichloroethane DEPONS Disturbance Effects on the Harbour Porpoise Population in the North Sea EEZ Exclusive Economic Zone EIA Environmental impact assessment EIS Environmental impact study Recording of marine mammals and seabirds in the German North Sea EMSON and Baltic Sea EEZs EnWG Act concerning electricity and gas supply (German Energy Act) ERASNO Recording of resting birds in the German North Sea and Baltic Sea EEZs EUROBATS Agreement on the Conservation of Populations of European Bats FEP Site Development Plan FFH Flora Fauna Habitat Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habi- FFH-RL tats and of wild fauna and flora (Habitats Directive) Compatibility testing according to Art. 6 subsection 3 of the Habitats Directive or FFH-VP section 34 of the Federal Nature Conservation Act FPN North Sea Research Platform HELCOM Helsinki Convention XII Inhalt HCB Hexachlorobenzene IBA Important bird area ICES International Council for the Exploration of the Sea IfAÖ Institute for Applied Ecosystem Research IHC NMS Noise mitigation System from IHC IOW Leibniz Institute for Baltic Sea Research, Warnemünde IUCN International Union for Conservation of Nature and Natural Resources IWC International Whaling Commission K Kelvin CI Confidence interval kn Knots LRT Habitat type according to the Habitats Directive Automated monitoring network of stations in the German Bight and western Baltic MARNET Sea MARPOL International Convention for the Prevention of Pollution from Ships Marine warm-blooded animals in the North and Baltic Seas: Foundations for as- MINOS sessment of offshore wind farms Directive 2008/56/EC of the European Parliament and the Council dated 17 June MSRL 2008 for the establishment of a Framework for Community Action in the field of Marine Environment (Marine Strategy Framework Directive) NAO North Atlantic Oscillation n.m. Nautical mile NN Sea level O-NDP Offshore network development plan OSPAR Oslo-Paris Agreement OWP Offshore wind farm PAH Polycyclic aromatic hydrocarbons PCB Polychlorinated biphenyl POD Porpoise Click Detector PSU Practical Salinity Units R&D Research and Development RL Red List SAMBAH Static Acoustic Monitoring of the Baltic Sea Harbour Porpoise SCANS Small Cetacean Abundance in the North Sea and Adjacent Waters Ordinance concerning offshore installations for defining German coastal waters SeeAnlV (Offshore Installations Ordinance) SEL Sound event level SPA Special Protected Area Species of European Conservation Concern (important species for bird conserva- SPEC tion in Europe) SPLp-p Peak emission sound pressure level (peak-peak) StUK4 Standard "Investigation into the impacts of offshore wind turbines" "Accompanying ecological research at the alpha ventus offshore test area pro- StUKplus ject" SEA Strategic environmental assessment Inhalt XIII Directive 2001/42/EC of the European Parliament and of the Council of 27 June SEA Directive 2001 on the assessment of the effects of certain plans and programmes on the environment TFEU Treaty on the Functioning of the European Union TSO Transmission system operator TOC Total Organic Carbon UBA German Environment Agency UVPG Environmental Impact Assessment Act VARS Visual Automatic Recording System WEA Wind turbine Act concerning the development and promotion of offshore wind energy (Offshore WindSeeG Wind Energy Act - WindSeeG) Introduction 1 1 Introduction 2001/42/EC, the objective of strategic environ- mental assessment is to ensure a high level of environmental protection in order to promote Legal basis and tasks of the en- sustainable development, and thereby to con- vironmental assessment tribute to ensuring that environmental consider- In accordance with sections 4 et seq. of the Wind ations are taken into account in an appropriate Energy at Sea Act (WindSeeG), the BSH draws manner well in advance of concrete project plan- up a site development plan (FEP) in consultation ning, when the plans are compiled and adopted. with the Federal Network Agency (BNetz-A) and The Strategic Environmental Assessment has in agreement with the Federal Agency for Nature the task of identifying, describing and evaluating Conservation (BfN), the Directorate-General for the likely significant environmental effects of the Waterways and Shipping (GDWS) and the implementation of the plan. It serves as an effec- coastal Länder. The FEP was drawn up for the tive environmental precaution in accordance first time in 2018 and 2019 and published on 28 with the applicable laws and is implemented ac- June 2019 and is currently being updated. cording to consistent principles, and with public When the FEP was drawn up, a detailed environ- participation. All factors in accordance with sec- mental assessment was carried out in accord- tion 2 subsection 1 of the Environmental Impact ance with the law on environmental impact as- Assessment Act must be considered: sessment (UVPG), the so-called Strategic Envi-  Human beings, in particular human ronmental Assessment (SEA). The environmen- health, tal reports were also published on 28.06.2019.  Fauna, flora and biodiversity, The performance of a strategic environmental assessment and the preparation of an environ-  Area, soil, water, air, climate and land- scape, mental report is governed by Article 35 (1) No. 1 UVPG in conjunction with No. 1.17 of Appendix  Cultural heritage and other material as- 5, as site development plans are subject to the sets, and SEA obligation under Article 5 WindSeeG. In  Interrelationships between the above- principle, this also applies if the FEP is updated mentioned factors. or amended. The main content document of the Strategic En- The SEA for FEP 2019 does not formally include vironmental Assessment is this draft environ- new area layouts and the definition of new areas mental report. This identifies, describes and as- or other energy production areas. Thus, a strate- sesses the likely significant environmental im- gic environmental assessment must be carried pact of the implementation of the Site Develop- out for the specifications that have not yet been ment Plan, as well as possible planning alterna- reviewed, as it is not possible to exclude the pos- tives, taking into account the essential purposes sibility of significant environmental impacts. As of the plan. far as new findings on existing specifications are available and relevant, these will also be taken into account. Brief description of the content The SEA for updating the FEP is based on the and most important objectives of environmental reports from 2019 and will closely the Site Development Plan follow the existing SEA in terms of methodology and content. Relationship with other relevant According to Art. 1 of the SEA Directive plans, programmes and policies 2 Introduction The FEP is related to other plans and pro- claims. A strategic environmental assessment grammes within the EEZ, in adjacent areas, in must be carried out when the spatial develop- particular in the Coastal Sea, and to plans and ment plan is drawn up. projects at upstream and downstream planning The next stage is the FEP. Within the framework and licensing levels. of the so-called central model, the FEP is the 1.3.1 Regional development plans in adjacent control instrument for the orderly expansion of areas offshore wind energy and electricity grids in a phased planning process. The FEP has the char- In the interests of coherent planning, coordina- acter of a sectoral plan. The sectoral plan is de- tion processes with the plans of neighbouring signed to plan the use of offshore wind energy states and coastal federal states are advisable and the electricity grids in a targeted manner and and must be taken into account in the cumulative as optimally as possible under the given frame- assessment of impacts on the marine environ- work conditions - in particular the requirements ment. In particular, close coordination is required of regional planning - by defining areas and sites with the coastal federal states with regard to the as well as locations, routes and route corridors onshore connection of the offshore wind farms for grid connections or for cross-border subma- and the routing of the routes through the coastal rine cable systems. In principle, a strategic envi- sea. At present, the state spatial planning is be- ronmental assessment is carried out to accom- ing updated for both Lower Saxony and Schles- pany the establishment, updating and modifica- wig-Holstein. tion of the FEP. 1.3.1.1 Lower Saxony In the next step, the areas for offshore wind en- 1.3.1.2 Schleswig-Holstein ergy plants defined in the FEP will be pre-exam- 1.3.2 MSRL programme of measures ined. If the requirements of § 12 para 2 Wind- SeeG are met, the preliminary investigation is 1.3.3 Management plans for the North Sea followed by a determination of the suitability of EEZ nature reserves the site for the construction and operation of off- 1.3.4 Staged planning procedure for offshore shore wind energy plants. A strategic environ- wind energy and power lines (central model) mental assessment shall also be carried out to accompany the preliminary investigation. Within the framework of the central model, the FEP is the steering instrument for the orderly ex- If the suitability of a site for the use of offshore pansion of offshore wind energy in a staged wind energy is determined, the site is put out to planning process. The SEA for the FEP is related tender and the winning bidder or the correspond- to upstream and downstream environmental as- ingly entitled party can submit an application for sessments. approval (planning approval) for the construction and operation of wind energy plants on the site In an overall view of the central model, the plan- specified in the FEP. As part of the planning ap- ning process for the area of the EEZ is divided proval procedure, an environmental impact as- into several stages: sessment is carried out if the prerequisites are At the highest and superordinate level is the in- met. strument of maritime spatial planning. The spa- While the areas defined in the FEP are pre-ex- tial development plan is the forward-looking amined and put out to tender for the use of off- planning instrument which coordinates the most shore wind energy, this is not the case for de- diverse interests of users in the fields of industry, fined sites, routes and route corridors for grid science and research as well as protection connections or cross-border submarine cable Introduction 3 systems. Upon application, a planning approval Under Article 1 (4) UVPG, the UVPG also ap- procedure including environmental assessment plies if federal or Länder legislation does not will be carried out for the construction and oper- specify the environmental impact assessment in ation of grid connection lines in the Re-gel. The more detail or does not comply with the essential same applies to cross-border submarine cable requirements of the UVPG. systems. Figure 1: Overview of the staged planning and approval process in the central model. In the case of multi-stage planning and approval content and subject matter of the plan are to be processes, it follows from the relevant legislation taken into account. (e.g. Spatial Planning Act, Wind-SeeG and In the case of subsequent plans and subsequent BBergG) or, more generally, from Article 39 (3) approvals of projects for which the plan sets a UVPG that, in the case of plans, it should be de- framework, the environmental assessment pur- termined at the stage of defining the scope of the suant to Article 39 (3) sentence 3 UVPG shall be investigation at which certain environmental im- limited to additional or other significant environ- pacts are to be assessed in particular. In this mental impacts as well as to necessary updates way, multiple assessments are to be avoided. and further details. The nature and extent of the environmental im- pacts, technical requirements, as well as the 4 Introduction Within the framework of the staged planning and objects of protection. They serve to ensure effec- approval process, all reviews have in common tive environmental protection in accordance with that environmental impacts on the objects of pro- the applicable laws and are carried out according tection listed in § 2 para. 1 UVGP are consid- to uniform principles and with public participa- ered, including their interactions. tion. According to the definition in § 2 para. 2 UVPG, In the offshore sector, the following sub-catego- environmental impacts within the meaning of the ries of the legally protected assets: animals, UVPG are direct and indirect effects of a project plants and biological diversity have become es- or the implementation of a plan or programme on tablished as sub-categories of the legally pro- the protected assets. tected assets: avifauna: seabirds/resting and mi- gratory birds, benthos, biotope types, plankton, According to Article 3 UVPG, environmental im- marine mammals, fish and bats. pact assessments comprise the identification, description and assessment of the significant im- pacts of a project or a plan or programme on the Figure 2: Overview of the protected assets in the environmental assessments. Introduction 5 In detail, the staged planning process is as fol- procedure) for offshore wind tur- lows: bines 1.3.1.1 Maritime spatial planning (EEZ) 1.3.1.5 Approval procedure for grid con- nections (converter platforms and 1.3.1.2 Site Development Plan subsea cable systems) 1.3.1.3 Preliminary investigation 1.3.1.6 Cross-border cables 1.3.1.4 Approval procedure (planning ap- proval and planning permission 2 Introduction 1.3.1.7 Summary overviews of environmental assessments Figure 3: Environmental assessments in the staged planning and approval process, with emphasis on the assessment in question. Introduction 3 Figure 4: Object of the planning and approval procedures, with emphasis on environmental assessment 4 Introduction Spatial planning Site Development Plan Site investigation Approval process Approval process Suitability evaluation Cross-border cables Strategic environmental assessment (SEA) Strategic environmental assessment (Planning approval or planning permission) grid connections (SEA) Strategic environmental EA assessment (SEA) EA Strategic planning for the rules Strategic planning for the rules Strategic Environmental assessment Environmental assessment suitability evaluation for Application for Application for sites with wind turbines Rules and object of the assessment Priority and reservation areas  Areas for offshore wind turbines  Assessment of the suitability of the  Sites for offshore wind turbines, including the expected site for the erection and operation of  for ensuring the safety and ease of movement of shipping traffic generation capacity wind turbines, including the capacity  for further economic uses, especially offshore wind energy and to be installed pipelines  Based on the assigned and col-  for scientific uses and lected data (STUK) Protection and improvement of the marine environment Aims and principles  Platform locations  the erection and operation of platforms and con-  Routes and route corri- nection lines Use of the ecosystem approach dors for subsea cable  According to the specifications of spatial plan-  the erection and operation of cross-bor- systems ning and the Site Development Plan der cables (interconnectors)  Technical and planning approaches  according to the specifications of spatial planning and the Site Development Plan Analysis of environmental impacts Analyses (determines, describes and assesses) the expected con- Analyses (determines, describes and assesses) the ex- Analyses (determines, describes and Analyses (determines, describes and assesses the Analyses (determines, describes and as- siderable effects of the plan on the marine environment. pected considerable environmental impacts of the plan on assesses) the expected considerable environmental impacts of the actual project (where sesses) the environmental impacts of the the marine environment. environmental impacts of the erection applicable, platform and connection line). actual project. and operation of wind turbines, which can be assessed independently of the subsequent design of the project. Aim Aimed at the optimisation of overall planning solutions, Deals with the fundamental issues for the use of offshore Deals with the fundamental issues for Handles question about the actual design ('how') of Handles question about the actual design i.e. a comprehensive package of measures. wind energy according to the use of wind turbines according to a project (technical equipment, construction work). ('how') of a project (technical equipment,  requirement and/or legal aims  suitability of the site construction work). Consideration of a wide spectrum of uses.  purpose Assesses the environmental impact of the project  technology Makes available information about the and formulates corresponding stipulations. Assesses the environmental impact of the project  capacities site which is legally regulated for the bid Used at the beginning of the planning process for clarification of fun- and formulates corresponding stipulations.  locating of sites for platforms and cabling routes. submission. damental strategic issues, i.e. at an early point in time while there is still plenty of room for manoeuvre. Searches for environmentally appropriate groups of actions, Searches for environmentally appropri- without assessing the absolute environmental impact of the ate groups of actions without assessing planning. the environmental impact of the actual project. Functions essentially as a controlling planning instrument of the plan- Functions primarily as a controlling planning instrument of Functions as an instrument between Functions primarily as a passive assessment in- Functions primarily as a passive assess- ning administration agency, to create an environmentally appropriate the planning administration agency, to create an environ- the Site Development Plan and ap- strument that reacts to the application ment instrument that reacts to the applica- framework for all uses. mentally appropriate framework for individual projects (wind proval process for wind turbines on an from the project developer. tion from the project developer. turbines and grid connections, cross-border subsea cables) actual site. Assessment depth Introduction 5 Characterised by greater examination width, i.e. a larger number of Characterised by greater examination width, i.e. a larger Characterised by a smaller-scale inves- Characterised by reduced examination width (lim- Characterised by reduced examination alternatives, and reduced investigation depth (no detailed analyses) number of alternatives and reduced investigation depth (no tigation area, greater investigation ited number of alternatives) and a greater investi- width (limited number of alternatives) and a detailed analyses) depth (detailed analyses). gation depth (detailed analyses). greater investigation depth (detailed anal- Includes regional, national and global impacts as well as secondary, yses). cumulative and synergetic effects in the sense of an overall assess- Includes local, national and global impacts as well as sec- The suitability evaluation may include Assesses the environmental impact of the project ment. ondary, cumulative and synergetic effects in the sense of an and formulates corresponding stipulations. Considers primarily local effects in the vi- specifications for the later project, in overall assessment. cinity of the project. particular the nature and extent of the Considers primarily local effects in the vicinity of the construction on the site and its location. project. Focus of the assessment Cumulative effects Cumulative effects Local effects relating to the site and its Environmental impacts caused by the system, its Environmental impacts caused by the sys- Overall plan assessment Overall plan assessment location. erection and operation tem, its erection and operation Strategic and extensive alternatives Strategic, technical and regional alternatives Possible transboundary impacts Possible transboundary impacts System dismantling Assessment based on the actual system design. Assessment based on the actual system design. Intervention, compensation and replace- Intervention, compensation and replacement ment measures. measures. Approval process (planning approval and/or planning permission) for wind turbines Environmental Impact Assessment Object of the assessment Assessment of the environmental impact upon application for  the erection and operation of wind turbines  on the previously investigated site specified in the Site Development Plan  according to the rules of the Site Development Plan and the requirements of the site investigation. Assessment of environmental impacts Analyses (determines, describes and assesses) the environmental impacts of the actual project (wind turbines, where applicable, platforms and cabling within the wind farm) The responsible authority draws up a summary in accordance with section 24 UVPG (Environmental Impact Assessment Act)  of the environmental impacts of the project,  the characteristics of the project and site, the effect of which is to exclude, mitigate or offset significant adverse environmental impacts,  the measures with which significant adverse environmental impacts are to be excluded, reduced or offset, as well as  the replacement measures for interventions in the natural environment and countryside (Note: Exception according to section 56 subsection 3 BNatSchG (Federal Nature Protection Law) Aim Handles the question about the actual design ('how') of a project (technical equipment, construction work) Functions primarily as a passive assessment instrument that reacts to the application of the successful tenderer/project developer. Assessment depth Characterised by reduced examination width (i.e. a limited number of alternatives) and a greater investigation depth (detailed analyses). Assesses the environmental impact of the project on the previously investigated site and formulates corresponding stipulations. Considers mainly local effects in the vicinity of the project. Focus of the assessment Environmental impacts caused by erection and operation. Assessment based on the actual system design. 6 Introduction System dismantling. Figure 5: Overview of the priorities of environmental assess- ments in the planning and approval process Introduction 7  Trilateral Wadden Sea Cooperation Presentation and consideration (1978) and Trilateral Monitoring and As- of environmental protection ob- sessment Programme, 1997 (TMAP) jectives  Agreement for cooperation in dealing The establishment, updating and amendment of with pollution of the North Sea by oil and the Site Development Plan and implementation other harmful substances, 1983 (Bonn of the SEA take into account the environmental Agreement) protection objectives. These provide information on what state of the environment is being sought  Convention for the Protection of the Ma- in the future (environmental quality targets). The rine Environment of the North-East Atlan- environmental protection objectives can be gath- tic, 1992 ered in an overall view from the international, (OSPAR Convention) common and national conventions and regula-  UNECE Convention on the EIA in a tions which deal with protection of the marine en- transboundary context (Espoo-Konven- vironment and on the basis of which the Federal tion1) Republic of Germany has committed itself to cer- tain principles and objectives.  UNECE-Protokoll on SEA to the conven- tion on EIA in a transboundary context 1.4.1 International conventions on the pro- (SEA-Protokoll) tection of the marine environment 1.4.1.3 Agreements specific to factors The Federal Republic of Germany is a party to all relevant international conventions on protec-  Convention on the Conservation of Euro- tion of the marine environment. pean Wildlife and Natural Habitats, 1979 (Bern Convention) 1.4.1.1 Conventions in force throughout  Convention on the Conservation of Mi- the world that serve to protect the gratory Species of Wild Animals, 1979 marine environment in whole or in (Bonn Convention) part Within the framework of the Bonn Convention,  International Convention for the Preven- regional agreements for the conservation of the tion of Pollution from Ships, 1973 as species listed in Annex II were concluded in ac- modified by the Protocol of 1978 (MAR- cordance with Art. 4 no. 3 of the Bonn Conven- POL 73/78) tion:  Convention on the Prevention of Marine  Agreement on the Conservation of Afri- Pollution by Dumping of Wastes and can-Eurasian Migratory Waterbirds, Other Matter (London, 1972) and Proto- 1995 (AEWA) col, 1996  Agreement on the Conservation of Small  United Nations Convention on the Law of Cetaceans of the Baltic and North Seas, the Sea dated 1982 1991 (ASCOBANS) 1.4.1.2 Regional conventions on the pro- tection of the marine environment 1 Convention from 25. 2. 1991 about the EIA in a trans- 2002, BGBl. 2002 II, S. 1406 ff. and the Second Espoo-Act boundary context, implemented by the Espoo-Act of 7. 6. from 17. 3. 2006, BGBl. 2006 II, S. 224 f 8 Introduction  Agreement on the Conservation of Seals 2001 on the assessment of the effects of in the Wadden Sea, 1991 certain plans and programmes on the en- vironment (Strategic Environmental As-  Agreement on the Conservation of Popu- sessment Directive, SEA Directive) lations of European Bats, 1991 (EURO- BATS)  Directive 2008/56/EC of the European Parliament and the Council dated 17  Convention on Biological Diversity, 1993 June 2008 for the establishment of a 1.4.2 Environmental and nature conserva- Framework for Community Action in the tion requirements at EU level field of Marine Environment (Marine Strategy Framework Directive, MSRL) The material scope of application of the TFEU2 and thus in principle also that of secondary law  Directive 2009/147/EC of the European is extended if the Member States experience an Parliament and of the Council on the con- increase in rights in an area outside their territory servation of wild birds (Birds Directive) which they have transferred to the EU (ECJ,  Richtlinie 2009/147/EG des Europäischen Commission/United Kingdom, 2005). In the field Parlaments und Rates über die Erhaltung of protection of the marine environment, nature der wildlebenden Vogelarten (V-RL) conservation or water protection, the applicabil- ity of the legal EU requirements is also valid for 1.4.3 Environmental and nature conserva- the EEZ. tion requirements at national level The relevant EU legislation is to be taken into ac- There are various legal provisions at a national count: level, too, and their specifications must be taken into account in the environmental report.  Council Directive 337/85/EEC of 27 June 1985 on the assessment of the effects of  Act for regulating water resources (WHG) certain public and private projects on the  Act concerning nature conservation and environment (Environmental Impact As- landscape management (Federal Nature sessment Directive, EIA Directive) Conservation Act - BNatSchG)  Council Directive 92/43/EEC of 21 May  Act concerning the environmental impact 1992 on the conservation of natural hab- assessment (UVPG) itats and of wild fauna and flora (Flora and Fauna Habitats Directive)3,  Act concerning the development and pro- motion of offshore wind energy (Offshore  Directive 2000/60/EC of the European Wind Energy Act - WindSeeG) Parliament and the Council dated 23 Oc- tober 2000 for the establishment of a  Protected region regulations Framework for Community Action in the field of Water Policy (Water Framework 1.4.4 The Federal Government's energy Directive, WRRL) and climate conservation aims  Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2 Treaty on the Functioning of the European Union, OJ EC 3 Council Directive 92/43/EEC of 21 May 1992 on the con- no. C 115, dated 09.05.2008, p. 47. servation of natural habitats and of wild fauna and flora, OJ L 206 dated 22.07.1992. Introduction 9 Figure 6: Overview of the standards of the relevant legal acts for the SEA. fects on the factors in question is identified, de- Strategic Environmental Assess- scribed and evaluated for the individual specifi- ment methodology cations. In accordance with section 1 subsection 4 of the Environmental Impact Assessment Act 1.5.1 Introduction in conjunction with section 40 subsection 3 of the When carrying out the Strategic Environmental Environmental Impact Assessment Act, in the Assessment, various approaches to the planning environmental report the competent authority status can be considered within the framework provisionally assesses the environmental effects of the methodology. This environmental report of the specifications with regard to effective en- builds on the methodology already used for the vironmental precautions in accordance with ap- Strategic Environmental Assessment of the plicable laws. According to the special legal 2019 Site Development Plan. standard of section 5 subsection 3 WindSeeG, The methodology is based primarily on the spec- the specifications must not endanger the marine ifications of the plan that are to be assessed. environment. Within the framework of this SEA, whether the The subject matter of the environmental report specifications are likely to have significant ef- corresponds to the provisions of the Site Devel- opment Plan as stated in section 5 subsection 1 10 Introduction WindSeeG (see 1.3). However, the relevant fac- 1.5.2 Area of investigation tors here are not so much the specifications in The description and assessment of the state of concrete temporal terms, as the chronological the environment relates primarily to the North order of the call for tenders or the calendar years Sea EEZ, for which the Site Development Plan of commissioning, as there are no further envi- essentially defines specifications. The SEA area ronmental effects in this regard compared with of investigation covers the German North Sea the environmental specifications. Although some EEZ (Fehler! Verweisquelle konnte nicht ge- planning and technical principles serve to miti- funden werden.). It should be noted that the gate environmental effects, they can also lead to data availability for the region up to shipping effects, making a review necessary. route 10 is significantly better than for the area The following specifications are each examined north-west of shipping route 10 due to the avail- with regard to their anticipated significant envi- able project-related monitoring data. ronmental effects relating to factors: For the area north-west of shipping route 10, the Site Development Plan makes statements on  Areas and sites for offshore wind en- possible routes, route corridors or gates for ergy, including specification of the an- cross-border cables. Based on the available ticipated capacity sediment data and findings from monitoring for  Routes and corridors, including gates the "Dogger Bank" protected area, it is also pos- sible to describe and assess the state of the en-  Locations for platforms (converter vironment and potential environmental effects in and collector platforms and trans- this area. former platforms) The adjacent coastal waters and the adjacent re-  Designation of other gions of the neighbouring states are not directly  Energy production areasRelevant covered by this plan, but they will be considered planning and technical principles in the cumulative and cross-border perspective of this SEA. Introduction 11 Figure 7: Definition of the area of investigation for the SEA for the Site Development Plan for the North Sea EEZ. tified significance" that cannot be considered in- 1.5.3 Carrying out the environmental as- dependently of the "specific characteristics of sessment plans or programmes" (SOMMER, 2005, 25 ff.). The assessment of the likely significant environ- In general, significant effects can be defined as mental effects of the implementation of the Site effects that are serious and significant in the con- Development Plan includes secondary, cumula- text being considered. tive, synergistic, short-, medium- and long-term, permanent and temporary, positive and negative According to the criteria in Annex 6 of the Envi- effects related to the factors. Secondary or indi- ronmental Impact Assessment Act that are sig- rect effects are those that are not immediate and nificant to the assessment of the likely significant therefore may only become effective after some environmental effects, the significance is deter- time and/or at other locations. Occasionally, mined by there is also reference to consequences or inter-  the probability, duration, frequency and re- relationships. versibility of the effects; Possible effects of the implementation of the  the cumulative nature of the effects; plan are described and evaluated in relation to  the transboundary nature of the effects; the factors. There is no common definition of "significance" as this involves "individually iden-  the risks to human health or the environment (e.g. due to accidents); 12 Introduction  the magnitude and spatial extent of the ef- the Site Development Plan on the marine envi- fects (geographical area and size of the pop- ronment also refer to the factors described. All ulation likely to be affected); plan contents that may potentially have signifi-  the value and vulnerability of the area likely to cant environmental effects are examined. be affected due to special natural character- The effects of construction and dismantling, as istics or cultural heritage, exceeded environ- mental quality standards or limit values, as well as system-related and operational factors, well as intensive land-use; are taken into account. Moreover, effects that may arise in the course of maintenance and re-  the effects on areas or landscapes which pair work are taken into account. This is followed have a recognised national, Community or in- ternational protection status". by a description of possible interrelationships and consideration of possible cumulative effects The characteristics of plans and programmes, and potential cross-border effects. having regard, in particular, to  "the degree to which the plan or programme The following factors are considered with regard sets a framework for projects and other activ- to assessment of the state of the environment: ities, either with regard to the location, nature, size and operating conditions or by allocating  Area resources;  Soil  the degree to which the plan or programme influences other plans and programmes in-  Water cluding those in a hierarchy;  Plankton  the relevance of the plan or programme for the integration of environmental considera-  Biotopes tions in particular with a view to promoting  Benthos sustainable development;  Fish  environmental problems relevant to the plan or programme;  Marine mammals  the relevance of the plan or programme for  Resting and migratory birds the implementation of Community legislation on the environment (e.g. plans and pro-  Bats grammes linked to waste-management or wa- ter protection) (Appendix II SEA Directive).  Biodiversity Specialist law provides further specifications as  Air to when an effect reaches the significance  Climate threshold. Threshold values were also compiled sub-legally so as to be able to make a distinction.  Landscape The potential environmental effects are de-  Material assets, cultural heritage scribed and assessed separately in relation to  Human beings, in particular human health the factors for areas and sites, platforms, subsea cable systems and other energy production  Interrelationships between factors sites, taking into account the assessment of the . status. Furthermore, where necessary, a differ- entiation is made according to different technical designs. The description and assessment of the likely significant effects of the implementation of Introduction 13 In general, the following methodological ap- • Assessments by experts / the specialist proaches are used in the environmental assess- community ment: The effects of the Site Development Plan speci- • Qualitative descriptions and evaluations fications are assessed on the basis of the de- scription and assessment of the condition and • Quantitative descriptions and evaluations the function and significance of the individual ar- • Evaluation of studies, technical literature eas, sites and routes for the individual factors on and reports the one hand, and the effects originating from • Visualisations these specifications and the resulting potential effects on the other. A forecast of the project-re- • Worst-case assumptions lated effects in the case of implementation of the • Trend estimates (e.g. on the state of the Site Development Plan is compiled as a function art of systems) of the criteria of intensity, scope and duration of the effects (see Figure 8). Figure 8: General methodology for assessing the likely significant environmental effects. 14 Introduction 1.5.4 Criteria for status description and as- for bird migration are considered as well as rar- sessment ity, vulnerability and pre-load. The status assessment of the individual factors 1.5.5 Assumptions for discription and as- is based on various criteria. For the factors sessment of likely significant envi- area/soil, benthos and fish, the assessment is ronmental effects based on the aspects of rarity and vulnerability, diversity and singularity, as well as pre-load. The The likely significant effects of the implementa- description and assessment of the protected as- tion of the Site Development Plan on the marine sets marine mammals and sea and resting birds environment are described and assessed in re- is based on the aspects listed in the figure. As lation to factors, based on the status assessment these are highly mo-bile species, it is not expe- as described above, separately for areas and dient to adopt a similar approach to the factors sites, platforms, subsea cable systems and other area/soil, benthos and fish. The criteria of pro- energy production sites. The following table sets tection status, assessment of the occurrence, out the potential environmental effects, based on assessment of territorial units and initial loads, significant factors, that form the basis for the as- are applied for seabirds, resting birds and marine sessment of the likely significant environmental mammals. The aspects of assessment of the oc- effects. The effects are differentiated according currence and large-scale significance of the area to whether they are due to construction, disman- tling or operation, or are caused by the system itself. Table 1 Project-related effects of implementing the site development plan. Object of Effect Potential impact Commis- (De)Con struction Turbine protection sioning Areas/ Sites and Platforms Soil Placement of hard substrate change of habitats X (foundations) permanent land use change of habitats X Scouring/sediment relocation change of habitats X Benthos formation of turbidity plumes Impact on benthic species X Resuspension of sediment Impairment or damage to benthic X and sedimentation species or communities Placement of hard substrate Change of habitats, habitat loss X Fish Sediment swirls and turbidity Physiological effects and frightening X plumes effects Noise emissions during pile Averting X driving Introduction 15 Land use Local habitat loss X Placement of hard substrate Attraction effects, increase in spe- X cies diversity Seabirds Visual unrest due to con- Local scaring and barrier effects X and struction activity resting birds Obstacle in airspace Scaring effects => habitat loss X Lightemissions Attraction effects X X Maintenance-related ship Scaring effects => habitat loss X traffic Migratory Obstacle in airspace Bird strike X birds Barrier effect Lightemissions Attraction effects => bird strike X X Marine Noise emission during pile Danger if no prevention and reduc- X mammals driving tion measures are taken Sea cable systems Soil Placement of hard substrate change of habitats X (Stone pile) Benthos Heat emissions Impairment/displacement of cold-wa- X ter loving species magnetic fields Impact on benthic species X formation of turbidity plumes Impact on benthic species X Insertion of hard substrate change of habitats, habitat loss X (cable crossing) Fish formation of turbidity plumes Physiological effects and frightening X effects magnetic fields Impairment of the orientation behav- X iour of individual migratory species Cumulative effects and interrelationships be- According to Art.5 (1) SEA Directive, the environ- tween factors are also assessed in addition to mental report also includes an assessment of cu- the effects on the individual factors. mulative effects. Cumulative effects arise from the interaction of various independent individual 1.5.6 Cumulative assessment effects which either add up as a result of their interaction (cumulative effects) or reinforce each other and thus generate more than the sum of 16 Introduction their individual effects (synergetic effects) (e.g. increasing the impact on one or more protected SCHOMERUS et al., 2006). Both cumulative assets. and synergetic effects can be caused both by The focus of the environmental report on the temporal and spatial coincidence of effects. Ef- FEP is on the cumulative consideration of similar fects of the construction phases are mainly of a uses, namely those for which the FEP makes short-term and temporary nature, while plant-re- stipulations. A cumulative consideration of differ- lated and operational effects can occur perma- ent uses, i.e. intersectoral, is carried out within nently. The impact can be intensified by similar the framework of the SEA at the higher level of uses or different uses with the same effect, thus the spatial development plan for the EEZ. Figure 9: Exemplary cumulative effect of similar uses (effects of energy on underwater sound and marine mammals). In order to examine the cumulative effects, it is 1.5.8 Specific assumptions for the assess- necessary to assess the extent to which the pro- ment of likely significant environmen- visions of the plan can be attributed a significant tal impacts adverse effect when taken together. An exami- nation of the areas is carried out at the level of In detail, the analysis and examination of the re- spective specifications is carried out as follows: this sectoral plan on the basis of the current state of knowledge within the meaning of Art. 5 para. Areas and sites, including the expected capacity 2 SEA Directive. An important basis for as- to be installed: sessing the impacts of habitat loss and underwa- Regarding the areas, a total of 13 areas are as- ter noise is provided by the position paper on the sumed in the sense of a worst-case considera- cumulative assessment of the loss of harbour- tion, irrespective of the concrete specification in root habitat in the German North Sea (BMU, the plan and the probability of implementation. 2009) and the BMUB's noise abatement concept According to Article 5 (1) No. 5 WindSeeG, the (2013). expected installed capacity of offshore wind en- 1.5.7 Interrelationships ergy plants is to be specified in the FEP for the areas. For this purpose, the sites within the ar- In general, effects on a factor lead to various eas are essentially assigned to two categories consequences and interrelationships between within the framework of the legal requirements the factors. The essential interdependence of on the basis of criteria such as area geometry, the biotic factors results from the food chains. In- wind speed, state of the art of offshore wind en- terrelationships can only be described very inac- ergy installations and grid connection capacity. curately due to the variability of the habitat Introduction 17 On the basis of these parameters and assump- that these are only partly estimation-based as- tions, the power density to be applied is deter- sumptions, as project-specific parameters are mined in megawatt/km² per area. not or cannot be checked at SEA level. To support the plausibility check of the method- In order to depict the spectrum of possible real- ology for the determination of the expected istic developments, the Strategic Environmental power to be installed on the respective areas, Assessment is essentially based on a range of wind farm plans are simulated in model form the above-mentioned model parameters. with, among others, wind energy plants that may In contrast to the approach used in the SEA for be available in the future. Although one or more the FEP 2019, the individual parameters are pre- layouts for offshore wind farm planning are not sented in the form of a possible bandwidth and used as a basis for determining the expected in- not, as in 2019, as separate model wind farms in stalled capacity, certain parameters are as- the form of two scenarios. This approach allows sumed in this SEA for a consideration of the pro- for greater flexibility in the subsequent assess- tected property. In detail, these are for example ment within the scope of the suitability test and the number of turbines, hub height [m], height of the approval procedures by more frequently the lower rotor tip [m], rotor diameter [m], total adopting "worst-case" considerations. The re- height [m] of the turbines, diameter of foundation spective worst-case scenario for the individual types [m] and diameter of scour protection [m]. objects of protection must be defined. For the The Strategic Environmental Assessment takes tender year 2021 (sites O-1-3, N-3.7 and N-3-8) particular account of these factors: the parameters from the investigation framework and the environmental report for the FEP 2019 - installations already in operation or in the li- are still valid. Due to the year of commissioning censing procedure (as reference and existing in 2026, an adjustment does not appear neces- load) sary. - Transfer of the average Parameter of the instal- Furthermore, the pa-rameters will be adapted to lations commissioned in the last 5 years to the the advancing state of the art. The current ap- areas to be planned in the central model proval procedures for OWPs show that a nomi- - Assumption that existing projects will be real- nal capacity of 10 MW can already be consid- ised on the basis of effective authorisation during ered state of the art for wind farms in the transi- the transition period (worst-case scenario) tional system. The parameters in the upper - Forecast of certain technical developments. range of the bandwidth are also being raised to take account of the advancing state of the art, The following tables provide an overview of the particularly in the later years of commissioning. parameters to be used. It should be noted here 18 Introduction Table 2: Parameters for the consideration of areas and sites. Range from to Power pro turbine [MW] 10 20 Hub Height [m] 125 200 Height lower rotor tip [m] 25 50 Rotor diameter [m] 200 300 Total height [m] 225 350 Diameter foundation [m]* 10 15 Diameter scour protection 50 75 [m] * The calculation of the land use is based on the assumption of a monopile foundation. However, it is assumed that monopile and jacket together have about the same total land use on the sea bed. Sites for platforms (transformer or residential parameters such as the number of platforms, platforms) length of the internal cabling [km], diameter of one or more foundations [m] and area for foun- A similar approach is followed for the assess- dations (including scour protection) [m²] are as- ment of the sites for platforms (transformer, con- sumed. verter or residential platforms). Here, too, certain Number trans- 0 2 0 Table 3: Parameters for the consideration of network former platform connections and platforms Number ac- 2 0 2 comodation 320 kV 525 kV platforms Network Diameter foun- ca. 2 x 10 ca. 2 x ca. 2 x connec- 66 kV 155 kV 66 kV dation [m]** 10 10 tion Area founda- ca. 160 ca. 160 ca. 160 converter tion excl. scour plat- protection [m2] forms, Diameter scour ca. 2 x 50 ca. 2 x ca. 2 x Trans- protection [m] 50 50 former / Area founda- ca. 4.000 ca. 4.000 ca. accomo- 4.000 tion incl. scour dation protection [m] plat- forms* specific length ca. 0,12 ca. 0,12 ca. 0,12 park internal cabling [km/MW] Number con- 1 1 1 verter plat- forms Area Founda- ca. 600 ca. 600 ca. 600 tion Converter platform [m²] Introduction 19 * The figures for transformer/residential platforms re- fer to the number of transformer/residential platforms Routing and route corridors for submarine cable per grid connection (only for completions from 2026) systems for the different connection concepts. Only the length The definition of route and route corridors for of the park-internal cabling depends on the expected submarine cable systems (connecting lines, installed capacity of the respective area and was de- termined on the basis of existing plans. cross-border submarine cable systems and in- terconnections) is based on the assumption of ** The calculation of the land use is based on the as- certain widths of the cable trench [m] and a cer- sumption of a monopile foundation. It is assumed that tain area of the crossings [m2]. In particular, the monopile and Jacket each have approximately the environmental effects of construction, operation same total land use on the sea bed. and repair are considered. 20 Introduction Table 4: Parameters for the consideration of sea cable systems Sea Cable Sys- tem Width cable trench [m] ca. 1 Area of intersection build- ca. 900 ings [m2] Other energy production areas also the subject of the environmental assess- ment of the BFO. Changes, for example in the For the definition of "other energy production ar- standard transmission capacity, will be exam- eas", the strategic environmental assessment is ined in the environmental report. based on the assumption of a "classic" offshore wind farm, based on the previous knowledge of Data sources and indications of electricity production. Environmental impacts go- ing beyond this are strongly dependent on the difficulties in compiling the doc- respective use variant and should therefore be uments comprehensively examined at the approval A description and assessment of the state of the level. In this respect, the SEA for other energy environment in the investigation area form the production areas is carried out in the same way basis for the SEA. All factors must be included. as for offshore wind energy areas and is based The data source forms the basis for the assess- on the same model parameters. ment of the likely significant environmental ef- Relevant planning and technical principles fects, assessment of natural habitat and wildlife conservation regulations and the alternative as- By regulating planning and technology principles sessment. in the FEP, the required land use can be mini- mised and the potential environmental impact re- According to section 39 subsection 2 sentence 2 duced to a minimum. The predominant number of the Environmental Impact Assessment Act, of planning principles serve to avoid or reduce the environmental report contains the infor- environmental impacts and are not expected to mation that can be obtained with reasonable ef- lead to significant effects. fort, taking into account the current state of knowledge and public statements known to the The FEP also contains some planning principles authority, generally accepted assessment meth- that do not relate to the reduction of environmen- ods, content and level of detail of the plan and its tal impacts. If these are based on regional plan- position in the decision-making process. ning objectives, they are to be observed to a lesser extent than the binding nature of the re- According to section 40 subsection 4 of the En- gional planning objectives. Remaining planning vironmental Impact Assessment Act, information principles are examined for probable significant available to the competent authority from other environmental impacts on protected assets. procedures or activities may be included in the environmental report if it is suitable for the in- With regard to the technical principles, a direct tended purpose and sufficiently up-to-date. current system as a self-commutated high-volt- age direct current transmission with a voltage The environmental report will be based on the level of +/- 320 kV was already defined within the environmental assessments that were carried framework of the North Sea BFO and was thus out when the FEP 2019 was established. Introduction 21 The draft environmental report will describe and ies and the construction and operation monitor- assess the current state of the environment and ing for the offshore wind farm projects and the present the likely development in the event of accompanying ecological research. non-implementation of the plan. On the other In general, the following data are used as a basis hand, it will forecast and assess the likely signif- for the environmental report: icant environmental impacts resulting from the implementation of the plan. - Data and findings from the operation of offshore wind farms A detailed description and assessment of the state of the environment is the basis for the as- - Data and findings from approval procedures for sessment of possible effects. The description offshore wind farms, submarine cable systems and assessment of the current state of the envi- - Results from the preliminary area survey ronment and the probable development in the event of non-implementation of the plan will be - Results of the monitoring of Natura 2000 sites carried out with regard to the following objects of - Mapping instructions for §30 biotope types protection - MSRL initial and progress evaluation  Area/Soil - OSPAR status reports  Water - Findings and results from R&D projects com- missioned by BfN and/or BSH and from accom-  Plankton panying ecological research  Biotopes - Results from EU cooperation projects, such as  Benthos Pan-Baltic Scope and SEANSE  Fish - Studies/ Technical literature  Marine mammals - Current red lists  Resting and migratory birds - Comments of the technical authorities  Air - Comments from the (specialist) public  Climate A detailed overview of the individual data and knowledge bases can be found in the Annex  Landscape (Chapter 8) of the framework study.  Cultural heritage, other material assets Since the data basis may vary depending on the  Human beings and human health protected property, the data basis is discussed at the beginning of Chapter 2.  Interrelationships between factors. 1.6.2 Indications of difficulties in compiling the documents 1.6.1 Overview of data source Indications of difficulties arising when compiling the data, such as technical gaps or lack of The data and knowledge situation has improved knowledge, are to be presented according to considerably in recent years, particularly as a re- section 40 subsection 2 no. 7 UVPG. The de- sult of the extensive data collection within the scription and evaluation of the individual factors framework of environmental compatibility stud- (chapter 2) make it clear that there are still gaps 22 Introduction in knowledge in places. Information gaps exist in 1.6.2.3 Fish particular with regard to the following points:  There is a lack of more detailed infor-  Long-term effects from the operation of mation on pelagic fish. offshore wind farms and associated sys-  Information on the reaction of fish to tems, such as converter platforms noise emissions is available only to a  Data for assessment of the state of the very limited extent. environment of the various factors in the  The likely effects of habitat change on the area of the outer EEZ. development of fish fauna due to the in- troduction of hard substrate are still 1.6.2.1 Soil/Area and biotopes largely unknown.  There has been no extensive, detailed mapping to date of sediment distribution 1.6.2.4 Seabirds and resting birds in the EEZ outside the nature conserva-  The species-specific risk of seabirds col- tion areas: the description and evaluation liding with offshore wind turbines can of environmental effects with regard to only be partially predicted and is currently the soil as a factor are based primarily on being recorded with the investigations the evaluation of selective data collec- according to StUK4 in the operating tion. In particular, there is no comprehen- phase, but also in ongoing research pro- sive sediment description for the detailed jects. In particular, suitable technology distribution of coarse sand/fine gravel for recording effects is being developed. sites and residual sediments in the form of gravel, stones and rocks.  Behavioural changes and habituation ef- fects among disturbance-sensitive spe- Detailed and extensive mapping of ma- cies in the German EEZ have only been rine biotopes in the EEZ is currently be- investigated since the commissioning of ing developed as part of R&D projects the first large, commercial wind farms, in- ongoing at the Federal Agency for Nature cluding the converter platforms. Operati- Conservation, with spatial emphasis on onal monitoring is still ongoing. nature conservation areas. There is no detailed mapping to date of the biotopes,  There is still insufficient knowledge of the including the legally protected biotopes effects of disturbances or habitat loss at according to section 30 of the Federal species population level, and these will Nature Conservation Act, in the EEZ out- only be investigated on the basis of the side the nature conservation areas data currently being collected.  Please see planning principle 4.4.4.8 for assessment of compliance with measures regarding temperature in- creases in the sediment. 1.6.2.2 Benthos  It is not possible to predict reliably the an- ticipated effects of the introduction of hard substrate on the development of benthic communities. Introduction 23 1.6.2.5 Migratory birds  There is a lack of knowledge about the  There is currently a lack of sufficient quality and quantity of migratory bat pop- knowledge of the effects of offshore con- ulations in the North Sea. struction in some areas. Knowledge from  There is currently a lack of sufficient coastal waters and on land is only trans- knowledge of the effects of offshore con- ferable to a very limited extent due to the struction. Knowledge from coastal waters different conditions. and on land is only transferable to a very  The species-specific risk of migratory limited extent due to the different condi- birds colliding with offshore wind turbines tions. is largely unknown.  The species-specific risk of bats colliding  Possible barrier impacts of offshore wind with offshore wind turbines is largely un- turbines on species-specific sea migra- known. tion routes are largely unexplored. 1.6.2.8 Summary  Whether the intensity of broad front mi- In principle, forecasts on the development of the gration of songbirds decreases accord- living marine environment after implementation ing to the distance from the coast is not of the Site Development Plan are subject to spe- clear for the bulk of songbirds that mi- cific uncertainties. Long-term data series or ana- grate at night. lytical methods are often lacking, e.g. for inter- section of extensive information on biotic and 1.6.2.6 Marine mammals abiotic factors so as to provide a better under-  The data availability can currently be de- standing of complex interrelationships in the ma- scribed as very good: the data is system- rine ecosystem. atically quality-assured and used for studies, so the current state of In particular, there is a lack of extensive, detailed knowledge on the occurrence of marine sediment and biotope mapping outside the na- mammals in German waters can also be ture conservation areas of the EEZ. As a result, classified as good. there is no scientific basis to permit assessment of the effects of the possible use of strictly pro-  The most comprehensive data source is tected biotope structures. Research and univer- provided by data from environmental im- sity institutions, and an environmental consul- pact studies and the monitoring of off- tancy, are currently carrying out sediment and bi- shore wind farms. Data is collected regu- otope mapping with spatial emphasis in the na- larly as part of the monitoring of nature ture conservation areas on behalf of the Federal conservation areas on behalf of the Fed- Agency for Nature Conservation and in cooper- eral Agency for Nature Conservation. Fi- ation with the Federal Maritime and Hydro- nally, research projects provide data on graphic Agency. specific issues. SCANS observations are providing information for the entire distri- Furthermore, there are no scientific assessment bution area of harbour porpoise so as to criteria for some factors, both with regard to the allow the abundance of the entire popu- assessment of their status and with regard to the lation of harbour porpoise to be as- effects of anthropogenic activities on the devel- sessed. opment of the living marine environment, to allow cumulative effects to be considered in both tem- 1.6.2.7 Bats poral and spatial terms. 24 Introduction Various R&D studies on assessment ap- proaches, including for underwater noise, are currently being developed on behalf of the Fed- eral Maritime and Hydrographic Agency. These projects are being used for continuous refine- ment of a consistent, quality-assured basis of in- formation on the marine environment for assess- ment of possible effects of offshore installations. Overall, the following recommendations can be made for the development of criteria for assess- ment of effects and the status of protected bio- logical assets:  Consolidation of results and evaluation of all existing data relating to factors,  Intersection of biological data with infor- mation from marine physics, marine chemistry, marine geology and marine meteorology,  Review of methods, in particular with re- gard to possible cumulative or trans- boundary impacts, for developing as- sessment criteria with regard to the con- dition of the living marine environment,  Evaluation of effect monitoring so as to be able to record possible effects on fac- tors. Description and assessment of state of the environment 25 2 Description and assess- 2.2.2 Geomorphology ment of state of the envi- 2.2.3 Sediment distribution on the seabed ronment 2.2.4 Geological structure of the near-sur- face subsoil Introduction According to section 40 subsection 2 no. 3 2.2.5 Distribution of pollutants in the sedi- UVPG, the environmental report includes a de- ment scription of the characteristics of the environ- ment and the current state of the environment in 2.2.5.1 Metals the SEA investigation area. The description of 2.2.5.2 Organic substances the current state of the environment is necessary in order to predict its change when the plan is 2.2.5.3 Radioactive substances (radionu- implemented. The survey considers the factors clides) listed in section 2 subsection 1 sentence 2 nos. 1 to 4 UVPG and interrelationships between 2.2.5.4 Inherited waste them. The information is presented in a problem- oriented fashion. Priority will therefore be given 2.2.6 Status assessment to potential initial loads, environmental elements that are particularly worthy of protection, and the 2.2.6.1 Natural factors factors on which the implementation of the plan will have a greater impact. In spatial terms, the 2.2.6.2 Anthropogenic factors description of the environment is based on the relevant environmental effects of the plan. De- Water pending on the type of impact and the factor in 2.3.1 Currents question, these will have differing extents and may go beyond the limits of the plan (Land- 2.3.2 Swell mann/Rohmer, 2018). As at July 2018, 38 offshore wind farms have 2.3.3 Temperature, salinity and seasonal been approved in the North Sea EEZ (five under stratification construction and 16 in trial operation), while ap- 2.3.4 Ice conditions plications have been submitted for an additional four offshore wind farms. The first offshore wind 2.3.5 Fronts farm to go into trial operation in 2010 was the "alpha ventus" offshore test field, with 12 wind 2.3.6 Suspended matter and turbidity turbines. There are currently 16 wind farms with 958 wind turbines in trial operation, and five wind 2.3.7 Status assessment with regard to nu- farms with 275 wind turbines are under construc- trient and pollutant distribution tion. 2.3.7.1 Nutrients Soil/Area 2.3.7.2 Metals 2.2.1 Data availability 2.3.7.3 Organic substances 26 Description and assessment of state of the environment 2.3.7.4 Radioactive substances (radionu- North Sea EEZ clides) 2.6.2.2 Red List species Plankton 2.6.2.3 Symbiotic communities 2.4.1 Data availability 2.6.3 Status assessment of the factor Ben- 2.4.2 Spatial distribution and temporal vari- thos ability of phytoplankton 2.6.3.1 Importance of areas and sites for 2.4.3 Spatial distribution and temporal vari- benthic communities ability of zooplankton Fish 2.4.4 Status assessment of plankton 2.7.1 Data availability Biotopes 2.7.2 Spatial distribution and temporal vari- 2.5.1 Data availability ability 2.5.2 Legally protected marine biotopes ac- 2.7.2.1 Red List species in the German cording to section 30 of the Federal North Sea area Nature Conservation Act and FFH habitat types 2.7.2.2 Typical regional fish communities in the EEZ 2.5.2.1 Reefs 2.7.3 Status assessment of the factor Fish 2.5.2.2 Sandbanks 2.7.3.1 Importance of areas and sites for 2.5.2.3 Species-rich gravel, coarse sand fish and shell layers in marine and coastal areas Marine mammals 2.5.2.4 Seapen and burrowing megafauna 2.8.1 Data availability communities 2.8.2 Spatial distribution and temporal vari- 2.5.3 Status assessment ability 2.5.3.1 Importance of areas and sites for 2.8.2.1 Harbour porpoise biotopes 2.8.2.2 Seals and grey seals Benthos 2.8.3 Status assessment of the factor Ma- 2.6.1 Data availability rine mammals 2.6.2 Spatial distribution and temporal vari- 2.8.3.1 Importance of areas and sites for ability marine mammals 2.6.2.1 Current species spectrum of the 2.8.3.2 Protection status Description and assessment of state of the environment 27 2.8.3.3 Hazards 2.10.3.2 Indirect losses Seabirds and resting birds 2.10.3.3 Climatic changes 2.9.1 Data availability 2.10.3.4 Importance of areas and sites for migratory birds 2.9.2 Spatial distribution and temporal vari- ability Bats and bat migration 2.9.2.1 Abundance of seabirds and resting 2.11.1 Data availability birds in the German North Sea 2.11.2 Spatial distribution and status asses- 2.9.2.2 Frequently occurring species and sment species of special importance for the nature conservation area "Sylt Biodiversity Outer Reef – Eastern German Bight" Air 2.9.2.3 Occurrence of seabirds and rest- Climate ing birds in the areas Landscape 2.9.3 Status assessment of seabirds and resting birds Material assets, cultural heritage 2.9.3.1 Importance of areas and sites for (archaeology) seabirds and resting birds Human beings, including human 2.9.3.2 Protection status health 2.9.3.3 Hazards Interrelationships between the factors Migratory birds 2.10.1 Data availability 2.10.2 Spatial distribution and temporal vari- ability of migratory birds 2.10.2.1 Bird migration over the German Bight 2.10.2.2 Species composition 2.10.3 Status assessment of the factor Mi- gratory birds 2.10.3.1 Anthropogenic influences on bird migration 28 Expected development in the event of non-implementation of the plan 3 Expected development in According to section 17d subsection 1 sentence 1 of the Energy Industry Act, the responsible the event of non-implemen- TSO must ensure the grid connection of offshore tation of the plan wind farms or, as of 1 January 2019, construct and operate this connection in accordance with Expansion of offshore wind energy plays a key the network development plan and the Site De- role in meeting the German government's cli- velopment Plan according to section 5 Wind- mate protection and energy policy objectives. SeeG. Section 6 WindSeeG gives the Federal Maritime It is absolutely necessary to lay the current-car- and Hydrographic Agency the task of compiling rying subsea cable systems up to the grid con- and updating a Site Development Plan for the nection points on land in order to allow the elec- EEZ under the conditions set out in section 4 ff. tricity generated at the offshore wind farms in the WindSeeG and, if an administrative agreement North Sea EEZ to be fed into the onshore high is concluded, also for coastal waters. The task of voltage grid. The need to connect offshore wind the plan, therefore, is to spatially define the ar- farms to the grid would exist even if the plan eas and sites for wind turbines, the expected were not implemented. This means that even if generation capacity there and the necessary the plan were not implemented, these uses routes and locations for the entire required grid would still be exercised in accordance with the infrastructure or grid topology in the North Sea applicable legal bases. EEZ. Furthermore, the plan also develops the temporal component of the expansion by deter- The TSO which is obliged to connect the off- mining the temporal sequence of the calls for shore wind farms in the North Sea to the grid, is tender for the sites for offshore wind turbines and pursuing a connection concept based on high- the calendar years of the commissioning of con- voltage direct current (HVDC) transmission due necting lines. to the required route lengths, which regularly ex- ceed 100 km for the EEZ area. When using the It is necessary to install offshore wind turbines in HVDC, due to the relatively high system power, order to meet the expansion targets laid down in offshore wind farms are connected as a collec- section 4 no. 2b of the Renewable Energy tive connection in which several offshore wind Sources Act. Even if the Site Development Plan farms can be connected to an HVDC grid con- were not to be implemented, further wind farms nection system consisting of a converter plat- would still be built and commissioned in accord- form and DC cable. This means that a signifi- ance with the applicable legal bases. The sec- cantly smaller number of cable systems is re- toral plan is used for spatially and temporally or- quired compared to a connection using three- dered, space-saving and efficient expansion of phase current technology, thereby reducing the offshore wind energy in order to implement frag- space required for the cable systems. As already mentation by further application outside the ar- explained, these sites are used for subsea cable eas, and hence to control land usage and systems and converter platforms independently thereby ensure minimal conflict in the develop- of the implementation of the Site Development ment of this technology. Therefore, the environ- Plan in the EEZ. Therefore, the environmental mental effects of the Site Development Plan's effects of the Site Development Plan's specifica- specifications do not go beyond the effects of the tions do not go beyond the effects of the zero al- zero alternative (non-implementation of the ternative (non-implementation of the plan), but in plan), but in fact can be reduced by the Site De- fact can be reduced by the Site Development velopment Plan on account of its steering effect. Plan by way of steering. Expected development in the event of non-implementation of the plan 29 The specification of the direct connection of wind probably be more difficult to ensure the protec- turbines to the converter platform as a standard tion of the individual factors if the Site Develop- concept also leads to savings in terms of space ment Plan were not implemented than if the plan required. This is due to the fact that transformer were implemented. platforms are no longer necessary and may be The grid connection of the individual sites pro- omitted, but a separate platform may be required vided for in the plan, staggered in terms of time, for maintenance and accommodation purposes has the potential to minimise disturbances to for offshore wind farms. There could also be sav- protected species in particular. Failure to imple- ings in terms of subsea cables, depending on the ment the plan would probably increase area use spatial location of the future converter platform. and the associated burden on the marine envi- The reservation in the draft of the Site Develop- ronment. Inadequate spatial coordination in the ment Plan is pointed out regarding the specifica- event of non-implementation of the plan could, tion of the 66 kV connection concept based on for example, lead to significantly more frag- the outstanding analysis of the costs of this con- mented wind farm areas and cable crossings cept. with corresponding effects – caused by intersec- The sites for the cabling within the wind farm will tions becoming necessary – on the factors in be used independently of the implementation of question. the Site Development Plan in the EEZ. The en- Although it is not possible to quantify in concrete vironmental impact of the specifications of the terms the number of additional land uses or Site Development Plan does not therefore go be- crossings and the associated additional land re- yond the effects of non-implementation of the quirements, it is clear from the specifications in plan. Rather, the Site Development Plan may the Site Development Plan - in particular the ar- serve to mitigate them due to its steering effect. eas for wind turbines, routing and gates - that the The aim of the Site Development Plan is to spec- planning of the TSO has already progressed to ify the expansion of offshore wind turbines and such an extent due to the earlier system charac- the grid topology, in particular with regard to grid terised by individual approvals and connections, connection of offshore wind farms in the EEZ, that complete overall coordination is no longer coordinated in spatial and temporal terms ac- possible due to existing constraints. Taking cording to the legal requirements in the sense of these constraints into account, a considerable a predictive and coordinated overall planning. If number of crossings could no longer be pre- the Site Development Plan were not to be imple- vented at this planning stage. For future projects, mented, the previously practised system of pro- the aim is to coordinate these and to plan ahead ject-specific individual planning and connection in accordance with the planning principles (see would remain in place; in other words, wind details in chapter 4 of the Site Development farms and their grid connections would be Plan). planned and implemented without systematic in- clusion of the entire area. The required space re- Soil/Area quirements can be minimised and the potential environmental impact can be reduced by regu- Water lating planning and technical principles in the Site Development Plan. As the plan makes nu- Plankton merous specifications relating to the most com- patible possible design of the uses, it would Biotopes 30 Expected development in the event of non-implementation of the plan Benthos Fish Marine mammals Seabirds and resting birds Migratory birds Bats and bat migration Biodiversity Air Climate Landscape Material assets, cultural heritage (archaeology) Human beings, including human health Interrelationships between the factors Description and assessment of the likely significant effects of the implementation of the Site 31 Development Plan on the marine environment 4 Description and assess- 13 of the Federal Nature Conservation Act are also covered in the assessment of the individual ment of the likely signifi- objects of protection. cant effects of the imple- Under Article 5 (2a) WindSeeG, the FEP can mentation of the Site Devel- also make specifications for "other energy pro- duction areas" for a total of 40 to 70 km². Accord- opment Plan on the marine ing to Section 3 No. 8 WindSeeG, another en- environment ergy production area is an area outside areas where offshore wind energy plants and other en- In the following, the description and evaluation of ergy production plants can be erected in spatial the environmental impacts concentrates on the proximity to each other. The installations may not objects of protection for which significant im- be connected to the public grid. In the North Sea pacts cannot be excluded from the outset by the EEZ, the former area N-8.4 is designated in the implementation of the FEP. FEP 2020 as an other energy production area According to Article 40 (1) UVPG, the likely sig- (SEN-1). Within the framework of the strategic nificant environmental impacts of the implemen- environmental assessment, a "classic" offshore tation of the plan must be assessed. According wind farm is assumed on the basis of previous to Article 40 (3) UVPG, the environmental im- findings with regard to electricity generation. En- pacts of the plan are provisionally assessed with vironmental impacts beyond this are strongly de- a view to effective environmental precautions. pendent on the respective variant of use and are According to Article 3, sentence 2 UVPG, the en- therefore comprehensively examined at the ap- vironmental assessment serves to ensure effec- proval level. In this respect, the SEA for the other tive environmental precautions in accordance energy production areas is carried out in the with the applicable laws. Within the framework of same way as the assessment of areas for off- the FEP and the provisions of §§ 4 ff. WindSeeG, shore wind energy. a hazard to the marine environment must be ex- cluded in the specifications contained in the plan Soil/Areas in accordance with Article 5 (3) WindSeeG. The marine environment includes the objects of pro- 4.1.1 Areas, sites and platforms tection and their habitat, including possible inter- 4.1.2 Subsea cable systems actions, described in this environmental report. Those objects of protection for which a signifi- Benthos cant impairment could already be excluded in the previous chapter 2 are not taken into account. 4.2.1 Areas and sites This applies to plankton, water, air, cultural her- itage and other material goods as well as to hu- 4.2.2 Platforms man beings, including human health. Possible 4.2.3 Subsea cable systems impacts on biological diversity are dealt with un- der the individual biological assets to be pro- Biotopes tected. All the objects of protection listed in Arti- cle 2 (1) of the UVPG are examined before the 4.3.1 Areas and sites species protection and site protection assess- ments are presented. Statements on the general 4.3.2 Platforms protection of nature and landscape under Article Description and assessment of the likely significant effects of the implementation of the Site Development 32 Plan on the marine environment 4.3.3 Subsea cable systems 4.10.2 Platforms Fish Interrelationships 4.4.1 Areas and sites Cumulative effects 4.4.2 Platforms 4.12.1 Soil/area, benthos and biotopes 4.4.3 Subsea cable systems 4.12.2 Fish Marine mammals 4.12.3 Marine mammals 4.5.1 Areas and sites 4.12.4 Seabirds and resting birds 4.5.2 Platforms 4.12.5 Migratory birds 4.5.3 Subsea cable systems Transboundary impacts The SEA concludes that, as things stand at pre- Seabirds and resting birds sent, the provisions of the FEP do not have a significant impact on the areas of the neighbour- 4.6.1 Areas and sites ing countries bordering the German North Sea 4.6.2 Platforms EEZ. This also applies with regard to the exten- sion of areas N-9, N-10, N-12 and N-13 in a 4.6.3 Subsea cable systems north-western direction and the designation of other energy production areas. Migratory birds Significant transboundary impacts can be ruled out in principle for the following assets to be pro- 4.7.1 Areas and sites tected: soil, water, plankton, benthos, biotope 4.7.2 Platforms types, landscape, cultural heritage and other material assets, and the human being and hu- 4.7.3 Subsea cable systems man health. Possible significant transboundary impacts could only arise if all the planned wind Bats and bat migration farm projects in the area of the German North Sea for the highly mobile objects of protection 4.8.1 Areas and sites fish, marine mammals, sea birds and resting birds as well as migratory birds and bats are 4.8.2 Platforms taken into account cumulatively. 4.8.3 Subsea cable systems For fish, the SEA comes to the conclusion that, according to the current state of knowledge, no Climate significant transboundary impacts on fish are to be expected as a result of the implementation of Landscape the FEP, since on the one hand the areas for which the FEP has been defined do not have a 4.10.1 Areas and sites prominent function for fish fauna and on the Description and assessment of the likely significant effects of the implementation of the Site 33 Development Plan on the marine environment other hand the recognisable and predictable ef- fects are of a small-scale and temporary nature. According to the current state of knowledge and taking into account impact-minimizing and dam- age-limiting measures, significant transboundary effects can also be ruled out for the protected marine mammal species. For example, the in- stallation of the foundations of wind turbines and converter platforms is only permitted in the spe- cific licensing procedure if effective noise reduc- tion measures are implemented (cf. 4.4.1.7 FEP). With regard to the protection of seabirds and resting birds, the Danish bird sanctuary "Sydlige Nordsø", which is directly adjacent to the German EEZ to the north and also has a high occurrence of seaweed, must be taken into ac- count when considering possible significant cross-border impacts. The non-designation of the N-5.4 area counteracts a possible impair- ment of the Danish bird sanctuary, including the presence of loons. For migratory birds, the wind turbines and plat- forms erected on the FEP sites may constitute a barrier or collision risk. However, as the plat- forms are individual structures in the immediate vicinity of offshore wind farms, no significant im- pairment of bird migration is to be expected from platforms alone. When considering the collision risk posed by wind turbines, the existing devel- opment of some areas in connection with future development with new types of larger turbines must be taken into account. The collision risk must therefore be assessed differently for each specific area. A final cumulative consideration of the effects on bird migration, taking into account all the offshore wind farms to be considered, is not possible at the present time due to a lack of information on the actual collision risk. 34 Assessment of wildlife conservation regulations 5 Assessment of wildlife con- takes place at the primary level of the sectoral plan. A detailed assessment of wildlife conserva- servation regulations tion regulations for the individual sites and pro- According to section 37 of the Federal Nature jects must be carried out as part of the assess- Conservation Act, general wildlife conservation ment of the suitability of specific sites or the indi- generally includes vidual approval procedure in question.  protection of wild species of fauna and Marine mammals flora and their communities from human interference, and safeguarding of their 5.1.1 Section 44 subsection 1 no. 1 of the other living conditions, Federal Nature Conservation Act  protection of habitats and biotopes of (prohibition of killing and injury) wild animal and plant species, and  reintroduction of fauna and flora of dis- 5.1.1.1 Areas and sites for offshore wind placed wild species in suitable biotopes turbines within their natural distribution area. 5.1.1.2 Platforms Special provisions with prohibitions are applica- ble to fauna of specially or strictly protected spe- 5.1.1.3 Subsea cable systems cies. According to section 44 subsection 1 no. 1 of the Federal Nature Conservation Act, wild 5.1.2 Section 44 subsection 1 no. 2 of the fauna of specially protected species must not be Federal Nature Conservation Act injured or killed. According to section 44 subsec- (prohibition of disturbance) tion 1 no. 2 of the Federal Nature Conservation 5.1.2.1 Areas and sites for offshore wind Act, wild fauna of strictly protected species and energy European bird species must not be significantly disturbed during reproduction, rearing, moulting, 5.1.2.2 Platforms hibernation and migration periods. Significant disturbance occurs when the conservation sta- 5.1.2.3 Subsea cable systems tus of the local population of a species deterio- rates as a result of the disturbance. Avifauna (seabirds, resting birds It does not matter whether a relevant injury or and migratory birds) disturbance is due to reasonable grounds; nor do reasons, motives or subjective tendencies play 5.2.1 Section 44 subsection 1 no. 1 of the any part in respect of compliance with the prohi- Federal Nature Conservation Act bitions (LANDMANN/ROHMER, 2018). (prohibition of killing and injury) Whether the Site Development Plan meets the 5.2.1.1 Areas and sites for offshore wind wildlife conservation requirements of section 44 turbines of the Federal Nature Conservation Act for spe- cially protected animal species is examined in 5.2.1.2 Platforms the context of this study on assessment of wild- life conservation regulations. It will examine in 5.2.1.3 Subsea cable systems particular whether the plan violates prohibitions under wildlife conservation regulations. This as- 5.2.2 Section 44 subsection 1 no. 2 of the sessment of wildlife conservation regulations Federal Nature Conservation Act Assessment of wildlife conservation regulations 35 (prohibition of disturbance) 5.2.2.1 Areas and sites for offshore wind turbines 5.2.2.2 Platforms 5.2.2.3 Subsea cable systems Bats 5.3.1 Section 44 subsection 1 nos. 1 and 2 of the Federal Nature Conservation Act 5.3.1.1 Areas and sites for offshore wind turbines 5.3.1.2 Platforms 5.3.1.3 Subsea cable systems 36 Assessment of the implications 6 Assessment of the implica- subsection 1 and section 5 subsection 6 of the Regulation on the designation of the nature con- tions servation area "Dogger Bank" (NSGDgbV)6). Within the framework of the present SEA, the ar- These projects and plans are to be examined for eas, sites, platforms and submarine cable routes their compatibility with the conservation objec- planned in the FEP will be examined separately tive of the relevant regulation. They are permis- for their compatibility with the protection pur- sible if, according to section 34 subsection 2 of poses of the nature reserves. The impact as- the Federal Nature Conservation Act, they can- sessment carried out here for areas and sites not lead to significant impairments of the compo- takes place at the planning level and does not nents of the nature conservation area significant replace the corresponding assessment at the for the conservation objective or if they meet the level of concrete projects, which is carried out as requirements according to section 34 subsec- part of the planning approval process. To this ex- tions 3 to 5 of the Federal Nature Conservation tent, further avoidance and mitigation measures Act (see section 7 subsection 2 of the NSGSylV, are to be expected if they are deemed necessary section 5 subsection 2 of the NSGBRgV and by the impact assessment within the framework section 5 subsection 2 of the NSGDgbV). Com- of planning approval procedures in order to ex- patibility according to the Federal Nature Con- clude any impairment of the conservation objec- servation Act has to be examined according to tives of the protected areas by use within or out- the assessment previously carried out for the side a nature conservation area. fauna-flora-habitat areas (FFH areas). By a de- cision made by the EU Commission dated Legal basis 12.11.2007, the nature conservation areas in the EEZ were previously included under European The German North Sea EEZ includes the nature law as FFH sites in the first updated list of sites conservation areas "Sylt Outer Reef – Eastern of Community importance in the Atlantic biogeo- German Bight", "Borkum Reef Ground" and graphical region according to Art. 4 subsection 2 "Dogger Bank", which were established by de- of the Habitats Directive (Official Journal of the cree on 22 September 2018. EU, 15.01.2008, L 12/1), so an FFH assessment Essentially, construction of artificial installations of the implications has already been carried out and buildings in nature conservation areas is within the framework of the Spatial Offshore Grid prohibited. However, this does not apply to pro- Plan. jects and plans for the generation of wind energy Sections 34 and 36 of the Federal Nature Con- and the laying or operation of subsea cables, servation Act stipulate that plans or projects subject to an admissibility check (see section 6 which, individually or in conjunction with other subsection 1 and section 7 subsection 6 of the plans or projects, may significantly effect an FFH Regulation on the designation of the nature con- and EU bird sanctuary and which do not directly servation area "Sylt Outer Reef – Eastern Ger- serve the administration of the site, must be as- man Bight" (NSGSylV)4; section 4 subsection 1 sessed for their compatibility with the protection and section 5 subsection 6 of the Regulation on and conservation objectives of a Natura 2000 the designation of the nature conservation area site. This is also applicable to projects outside "Borkum Reef Ground" (NSGBRgV)5; section 4 the site which, individually or in combination with 4 Regulation of 22.09.2017, Federal Law Gazette I, p. 3423. 6 Regulation of 22.09.2017, Federal Law Gazette I, p. 3400. 5 Regulation of 22.09.2017, Federal Law Gazette I, p. 3395. Assessment of the implications 37 other projects or plans, are likely to significantly specifications defined within the EEZ on the pro- undermine the conservation objectives of the tected areas in the adjacent 12 nautical mile sites. With the designation of the nature conser- zone and the adjacent waters of the neighbour- vation areas, this assessment now refers to the ing states. This also concerns assessment and conservation objective of these nature conserva- consideration of functional relationships be- tion areas. The assessment of the implications tween the individual protected areas and the co- under the Habitats Directive has a narrower herence of the network of protected areas under scope than the SEA as it is limited to reviewing section 56 subsection 2 of the Federal Nature the impact using the conservation objectives es- Conservation Act, since the habitats of some tar- tablished for the protected area. Other environ- get species (e.g. avifauna, marine mammals) mental effects do not need to be assessed. may extend over several protected areas due to their large range. Specifically, the protected ar- The total area of the three nature conservation eas "Lower Saxon Wadden Sea National Park" areas amounts to 7,947 km² (26.8% of the EEZ and the EU bird sanctuary "Lower Saxon Wad- zone of the North Sea), the nature conservation den Sea and adjacent coastal waters" in Lower site "Sylt Outer Reef – Eastern German Bight" Saxon coastal waters, the "Schleswig-Holstein covers an site of 5,603 km² (11.0%), the nature Wadden Sea National Park", the "Ramsar Area conservation site "Borkum Reef Ground" covers Schleswig-Holstein Wadden Sea and adjacent an site of 652 km2, and the nature conservation coastal areas", the FFH area "Steingrund" and site "Dogger Bank" covers 1,692 km2. the "Helgoland seabird sanctuary" in Schleswig- The factors as a whole are the habitat types Holstein coastal waters, as well as the Natura "reefs" and "sandbanks" according to Annex I of 2000 area "Southern North Sea" in the Danish the Habitats Directive, certain fish species and EEZ, are taken into account. marine mammals according to Annex II of the Apart from the effects within the EEZ, this as- Habitats Directive (mud lamprey, waite, harbour sessment of the implications explicitly examines porpoise, grey seal and seal), as well as various only possible remote effects of the areas and bird species according to Annex I of the Birds Di- sites, platforms and subsea cable routes that are rective (red-throated diver, black-throated diver, planned in the EEZ in protected sites in adjacent little gull, sandwich tern, common tern, Arctic areas. The planned areas and sites, platforms tern, fulmar, gannet, common scoter, great skua, and subsea cable routes are regularly located pomarine skua, common gull, lesser black- sufficiently far away from the protected sites in backed gull, kittiwake, guillemot, razorbill). Spe- coastal waters, so no significant effects on these cies listed in Annex IV of the Habitats Directive, protected sites can be assumed in this respect. e.g. the harbour porpoise, must be strictly pro- However, this consideration is not made with re- tected everywhere, including outside the defined gard to routes in coastal waters, which are con- protected areas. nected to the gates provided for in the Site De- Within the framework of the Site Development velopment Plan. This assessment is the subject Plan, individual areas and sites, platforms, sub- of the coastal states' environmental reports on sea cable routes and gates are planned in or Spatial Plans or secondary procedures. near the nature conservation sites "Borkum Reef Ground" and "Sylt Outer Reef – Eastern German Bight". In addition, the assessment of the implications also takes into account the remote effects of the 38 Assessment of the implications Assessment of the compatibility the protection purposes and con- of the FEP with protected spe- servation objectives of Area I of the nature reserve "Sylter Außen- cies riff - Östliche Deutsche Bucht" 6.2.1 Impact assessment pursuant to Arti- with regard to marine mammals cle 34 para. 1 BNatSchG in conjunc- 6.2.2.2 Assessment of the compatibility of tion with Article 6 (3) of the Habitats the FEP for areas N-4, N-5, N-11 Directive and under Article 5 (6) of and N-13 and associated areas and the Ordinance on the Establishment platforms with regard to marine of the "Borkum Riffgrund" Nature Re- mammals serve 6.2.2.3 Assessment of the compatibility of 6.2.1.1 Assessment of the compatibility of the FEP for areas N-1 to N-3, N-6 to the FEP for areas N-1 to N-3 and N-10 and N-12 and associated ar- associated areas and platforms eas and platforms with marine with marine mammals mammals 6.2.1.2 Assessment of the compatibility of 6.2.2.4 Testing the compatibility of the the FEP for areas N-4 to N-13 and FEP for submarine cable systems associated areas and platforms with marine mammals with marine mammals 6.2.2.5 Assessment of the plan's compati- 6.2.1.3 Testing the compatibility of the bility with the protection purposes FEP for submarine cable systems and conservation objectives of with marine mammals Area II of the nature reserve "Sylt 6.2.1.4 Assessment of the compatibility of Outer Reef - Eastern German the FEP for areas N-4 to N-13 and Bight" with regard to the Avifauna associated areas and platforms 6.2.2.6 Assessment of the compatibility of with marine mammals the FEP for the area N-4 and the 6.2.1.5 Testing the compatibility of the associated areas and platforms FEP for submarine cable systems with regard to protected bird spe- with marine mammals cies 6.2.2 Impact assessment pursuant to Arti- 6.2.2.7 Assessment of the compatibility of cle 34 para. 1 BNatSchG in conjunc- the FEP for the area N-5 and the tion with Article 6 (3) of the Habitats associated areas and platforms Directive and Article 5 (6) of the Ordi- with regard to protected bird spe- nance on the Establishment of the cies "Sylt Outer Reef - Eastern German 6.2.2.8 Assessment of the compatibility of Bight" Nature Reserve with regard to the FEP for the area N-5 and the marine mammals and protected bird associated areas and platforms species with regard to protected bird spe- 6.2.2.1 Assessment of compatibility with cies Assessment of the implications 39 6.2.2.9 Assessment of the compatibility of Adjacent Coastal Sea" are located in the coastal the FEP for areas N-1 to N-3, N-6 to sea of Lower Saxony, the "National Park Schles- N-10 and N-12 and the areas and wig-Holstein Wadden Sea", the "Ramsar Area platforms belonging to them with Schleswig-Holstein Wadden Sea and Adjacent regard to protected bird species Coastal Areas", the FFH area "Steingrund" and the "Seevo bird sanctuary Helgoland" in the 6.2.2.10 Testing the compatibility of the coastal sea of Schleswig-Holstein as well as the FEP for submarine cable systems Natu-ra2000 area "Sydlige Nordsø" in the Dan- with regard to protected bird spe- ish EEZ, the Dutch bird sanctuary "Friese Front" cies and the Dutch FFH area "Doggersbank". 6.2.3 Impact assessment pursuant to Arti- The protection and conservation objectives for cle 34 para. 1 BNatSchG in conjunc- the Natu-ra2000 sites outside the EEZ are taken tion with Article 6 (3) of the Habitats from the following documents: Directive and Article 5 (7) of the Ordi- - FFH area "Lower Saxony Wadden Sea Na- nance on the designation of the Dog- tional Park": § 2 in connection with Annex 5 Law gerbank nature conservation area on the "Lower Saxon Wadden Sea National Park" (NWattNPG) of 11 July 2001 6.2.3.1 Assessment of the compatibility of (http://www.lexsoft.de/cgi-bin/lexsoft/nieder- the FEP for areas, sites and asso- sachsen_recht.cgi?chosenIn- ciated platforms with regard to ma- dex=Dummy_nv_6&xid=173529,3) rine mammals - EU Bird Sanctuary "Lower Saxony Wadden 6.2.3.2 Testing the compatibility of the Sea and adjacent coastal sea": Natura 2000 FEP for submarine cable systems sites of the Tideweser in Lower Saxony and Bre- with marine mammals men (http://www.umwelt.bremen.de/sixcms/me- dia.php/13/Fachbeitrag- Natura2000 sites outside the 1_Natura%202000_Teil%203.pdf) German EEZ - FFH area "Schleswig-Holstein Wadden Sea The impact assessment also takes into account National Park and adjacent coastal areas": Con- the remote effects of the provisions adopted servation objectives for the FFH proposal area within the EEZ on the protected areas in the ad- DE-0916-391 "NTP S-H Wadden Sea and adja- jacent 12-mile zone and in the adjacent waters cent coastal areas" (http://www.umwelt- of neighbouring countries. This also applies to daten.landsh.de/public/natura/pdf/erhaltung- the assessment and consideration of functional sziele/DE-0916-391.pdf) relationships between the individual protected - EU Bird Sanctuary "Ramsar Area S-H Wadden areas and the coherence of the network of pro- Sea and adjacent coastal areas": Conservation tected areas pursuant to Article 56 (2) of the Fed- objectives for the DE- 0916-491 "Ramsar Area eral Nature Conservation Act, since the habitat S-H Wadden Sea and adjacent coastal areas" of some target species (e.g. avifauna, marine (http://www.umweltdaten.landsh.de/pub- mammals) may extend over several protected lic/natura/pdf/erhaltungsziele/DE-0916-491.pdf) areas due to their large radius of action. - "Seabird sanctuary Helgoland": conservation In detail, the protected areas "National Park objectives for the DE-1813-491 bird sanctuary Lower Saxony Wadden Sea" and the EU bird protection area "Lower Saxony Wadden Sea and 40 Assessment of the implications "Seabird sanctuary Helgo-land" (http://www.um- With regard to seabirds and resting birds, the weltdaten.landsh.de/pub- Danish bird sanctuary "Sydlige Nordsø", which is lic/natura/pdf/erhaltungsziele/DE-1813-491.pdf) directly adjacent to the German EEZ to the north and has a high concentration of loons, must be - FFH site "Steingrund": conservation objectives taken into account when considering possible for the site DE 714-391 "Steingrund", designated significant impacts on protected areas outside as a site of Community importance (www.um- the German EEZ. The non-designation of the N- weltdaten.landsh.de/pub- 5.4 area counteracts a possible deterioration of lic/natura/pdf/erhaltungsziele/DE-1714-391.pdf) the Danish bird sanctuary, including the pres- - Denmark: FFH and bird sanctuary "Sydlige ence of loons. Nordsø": EUNIS factsheet (http://eunis.eea.eu- ropa.eu/sites/DK00VA347) Results of the impact assess- - Netherlands: "Friese Front" bird sanctuary: ment EUNIS factsheet (https://eunis.eea.eu- As a result, a considerable impairment of the ropa.eu/sites/NL2016166) protection purposes of the nature conservation - The Netherlands: Habitats Area "Doggers- area "Borkum Riffgrund", the protection pur- bank": EUNIS Factsheet (https://eunis.eea.eu- poses of the nature conservation area "Sylter ropa.eu/sites/NL2008001). Außenriff - Östliche Deutsche Bucht" and the protection purposes of the nature conservation In addition, under Article 12 of the Habitats Di- area "Doggerbank" as well as on protected areas rective for species listed in Annex IV of the Hab- outside the German EEZ can be excluded with itats Directive, EU Member States shall take the the necessary certainty by implementing the necessary measures within and outside pro- FEP and taking into account avoidance and re- tected areas to establish a system of strict pro- duction measures for FFH habitat type, marine tection for the above species in their natural mammals, avifauna and other animal groups range. According to the Habitats Directive, this protected under the FFH. includes all whale species. The FFH areas are intended to preserve parts of the feeding habitat. It should be noted that the FFH impact assess- ment carried out here could not examine project- In addition to the effects of the plan within the specific properties which are only concretised EEZ, the present impact assessment explicitly and defined in the course of planning approval only examines possible remote effects of the ar- procedures by project developers. The impact eas, surfaces, platforms and submarine cable- assessment is therefore carried out as part of the ways planned within the EEZ on protected areas planning approval procedure for the project in in adjacent areas. The planned areas, sites, plat- question with the aim of deriving and defining the forms and submarine cableways are at a suffi- necessary avoidance and mitigation measures cient distance from the protected areas in the at project level. coastal sea so that no significant effects on these protected areas are to be expected. However, According to the current state of knowledge, a this consideration is not made with regard to the significant impairment of the FFH-LRT "Reefs" routes in the coastal sea, which are connected and "Sandbanks with only weak permanent in- to the border corridors provided for in the FEP. undation by seawater" can be ruled out, even if This examination is the subject of the environ- the plan and existing projects for the nature con- mental reports of the coastal countries on the re- servation areas "Borkum Riffgrund", "Sylt Outer spective regional development plans or subordi- Reef - Eastern German Bight" and "Doggerbank" nate procedures. are considered cumulatively. Overall plan evaluation 41 7 Overall plan evaluation conclusively within the framework of the present SEA or are subject to uncertainties and need to In summary, with regard to the planned areas be assessed more closely within the framework and sites, platforms and subsea cable routes of subsequent planning stages. and the designation of the orther energy produc- tion side SEN-1, the effects on the marine envi- ronment will be minimised as far as possible by means of orderly, coordinated overall planning of the Site Development Plan. By adhering strictly to prevention and mitigation measures, in partic- ular for noise mitigation during the construction phase, considerable effects can be prevented by implementing the planned sites, areas and plat- forms. No areas or sites have been defined in the nature conservation sites. From a precautionary point of view, no corresponding specifications have yet been included in the main concentration area for divers. The laying of subsea cable systems can be made as eco-friendly as possible, e.g. by by- passing nature conservation areas and pro- tected biotopes and by choosing a laying method that is as unobtrusive as possible. The planning principle for sediment warming should ensure that significant negative effects of cable heating on benthic communities are prevented. Prevent- ing crossings between subsea cable systems as far as possible also serves to prevent negative effects on the marine environment, in particular on the factors Soil, Benthos and Biotopes. Given the above descriptions and assessments, the Strategic Environmental Assessment concludes that, with regard to possible interrelationships, no significant effects on the marine environment within the investigation area are to be expected from the planned specifications on the basis of current knowledge and the comparatively ab- stract level of sectoral planning. The potential ef- fects are frequently small-scale and mostly short-term, as they are limited to the construction phase. To date, there is a lack of sufficient sci- entific knowledge and consistent evaluation methods for cumulative assessment of the ef- fects on individual factors such as bat migration. Therefore, these effects cannot be assessed Measures to prevent, mitigate and offset significant negative effects of the Site Development Plan 42 on the marine environment 8 Measures to prevent, miti- ning level, others only come into play at the spe- cific implementation stage and are regulated gate and offset significant there in the individual approval procedure ac- negative effects of the Site cording to the project and location. With regard to planning prevention and mitigation measures, Development Plan the Site Development Plan defines spatial and on the marine environment textual specifications which, according to the en- vironmental protection objectives set out in Introduction chapter Fehler! Verweisquelle konnte nicht gefunden werden., serve to prevent or mitigate According to section 40 subsection 2 UVPG, the significant negative effects in the marine envi- environmental report includes a description of ronment due to implementation of the Site De- the planned measures to prevent, mitigate and, velopment Plan. This mainly concerns as far as possible, compensate for significant ad- verse environmental effects resulting from imple-  Consideration of nature conservation areas mentation of the plan. In principle, the Site De- and legally protected biotopes velopment Plan will take marine environment  exclusion effect of wind turbines in nature concerns into account more effectively when ex- conservation areas,  exclusion effect of platforms in nature panding power generation by means of offshore conservation areas wind turbines and the corresponding connecting  the principle of laying subsea cable sys- lines. The specifications of the Site Development tems outside these areas as far as pos- Plan will prevent negative effects on the devel- sible, opment of the state of the environment of the  as little land usage as possible, ensured by North Sea EEZ. This is due in particular to the the planning principles fact that there is always a need to expand off-  economic area use when arranging wind shore wind energy and the corresponding con- turbines  maximum possible bundling of subsea necting lines and that the corresponding infra- cable routes in the sense of parallel rout- structure (wind farms, platforms and subsea ca- ing, ble systems) would have to be created even  prevention of cable and pipeline cross- without an Site Development Plan (see chapter ings, Fehler! Verweisquelle konnte nicht gefunden  the planning principle for noise mitigation, werden.). If the plan were not implemented,  the planning principle for sediment warming, however, the uses would develop without the  Reduction of scour protection measures to a space-saving and resource-conserving steering minimum so as to prevent having to introduce and coordination effect of the Site Development artificial hard substrate  specifications for the dismantling of structural Plan. installations, and Moreover, the specifications of the Site Develop-  consideration of best environmental practice ment Plan are subject to a continuous optimisa- in accordance with the OSPAR Convention tion process, as the knowledge obtained on a and the state of the art. The measures listed below serve to prevent and rolling basis within the framework of the SEA and mitigate insignificant and significant negative ef- the consultation process is taken into account fects in the specific implementation of the Site when the plan is compiled. Development Plan. These mitigation and pre- While individual prevention, mitigation and com- vention measures are specified and ordered by pensation measures may begin even at the plan- the competent licensing authority at project level Measures to prevent, mitigate and offset significant negative effects of the Site Development 43 Plan for the planning, construction and operation e.g. large bubble curtains, hydro silenc- phases. ers or sheathing. These noise protection measures must be specified in detail in Areas and sites for offshore the individual approval procedures for wind turbines specific locations and installations. The following measures to prevent and mitigate  Adaptation of the pile-driving process to significant and insignificant negative environ- location- and project-specific conditions mental effects must be taken into account in the by control of the pile-driving energy and specific planning and construction of wind tur- impact frequency bines:  Noise prevention measures: use appro-  When installing foundations, suitable priate methods to prevent killing and in- measures must be implemented to en- juring fauna near the pile-driving site: sure that noise emissions (sound pres-  Use of suitable deterrent devices sure SEL05) at a distance of 750 m does such as the FaunaGuard system not exceed 160 decibels (dB re 1 μPa²s) or, in special cases, "pingers" and and the peak sound pressure level does "seal scarers" not exceed 190 decibels  "Soft-start procedure": delaying (dB re 1 μPa). the increase of pile-driving en-  Adherence to pile-driving times, including ergy should allow fauna in the vi- aversive conditioning measures, of no cinity of the pile-driving site to move away from the construction more than 180 minutes during the inser- tion of monopiles and no more than 140 site. minutes per pile for jacket structures.  Coordination of pile-driving work for vari- ous projects in order to minimise overall  Monitoring activities during the construc- noise output times tion phase, in particular by recording the underwater noise level during the instal-  Consideration of the noise protection lation of foundations. Monitoring of noise concept of the Federal Ministry for the level and compliance with limits must be Environment, Nature Conservation and carried out by an accredited facility. The Nuclear Safety (2013) suitability of the measuring equipment is  Assessment of alternative, low-noise to be demonstrated by accreditation in foundation forms, such as "suction buck- accordance with ets". The environmental impact of alter- DIN EN ISO/IEC 17025 with regard to native forms of foundation must always ISO 18406:2017 and DIN SPEC be assessed with regard to any additional 45653:2017. significant effects on the marine environ-  Noise mitigation measures: use of the ment, in particular also from the introduc- relevant best available method according tion of continuous noise. to the state of the art in science and tech- nology in order to reduce the level of un-  Reduction of shipping traffic for construc- derwater noise so as to comply with ap- tion and operation of platforms, and the plicable noise protection specifications associated acoustic and visual impair- during the installation of foundation piles, ments, to a minimum by optimal con- struction and time planning Measures to prevent, mitigate and offset significant negative effects of the Site Development Plan 44 on the marine environment  Ensuring that no preventable emissions The following measures to prevent and mitigate of pollutants, noise or light occur during significant and insignificant negative environ- the construction or operation of the instal- mental effects must be taken into account in the lation in accordance with the state of the specific planning and construction of platforms art (converter platforms, collector platforms, trans-  Lighting that is as compatible as possible former platforms and residential platforms): with nature during operation of the instal-  When installing foundations, suitable lations in order to reduce attraction as far measures must be implemented to en- as possible, taking into account the re- sure that noise emissions (sound pres- quirements of safe shipping and air traffic sure SEL05) at a distance of 750 m does and occupational safety, e.g. switching not exceed 160 decibels (dB re 1 μPa²s) obstruction lighting on and off as re- and the peak sound pressure level does quired, selection of suitable lighting in- not exceed 190 decibels tensities and spectra or lighting intervals (dB re 1 μPa).  Restriction of the introduction of hard substrate to a minimum  Adherence to pile-driving times, including  Use of low-pollution paints aversive conditioning measures, of no  Use of traffic safety vehicles during the more than 180 minutes during the inser- construction and commissioning phases tion of monopiles and no more than 140 in order to prevent collisions minutes per pile for jacket structures.  Correct disposal of oil residues from ma-  Monitoring activities during the construc- chinery, faeces, packaging, waste and tion phase, in particular by recording the wastewater on land. Preparation of a underwater noise level during the instal- "waste concept" for construction and lation of foundations. Monitoring of noise operation level and compliance with limits must be  Compilation of emergency plans, includ- carried out by an accredited facility. The ing for accidents involving water-polluting suitability of the measuring equipment is substances during the construction and to be demonstrated by accreditation in operation phases accordance with  If, during planning or installation of DIN EN ISO/IEC 17025 with regard to plants, so far undiscovered ordnance is ISO 18406:2017 and DIN SPEC found on the seabed, corresponding pro- 45653:2017. tective measures must be taken.  Noise mitigation measures: use of the  Monitoring of possible effects on the relevant best available method according marine environment due to the construc- to the state of the art in science and tech- tion or operation of the installations by nology in order to reduce the level of un- means of mandatory ecological monitor- derwater noise so as to comply with ap- ing during the construction and opera- plicable noise protection specifications tion phase in accordance with StUK 4 during the installation of foundation piles, e.g. large bubble curtains, hydro silenc- The above-mentioned avoidance and reduction ers or sheathing. These noise protection measures for areas and land apply accordingly measures must be specified in detail in to other energy production areas. the individual approval procedures for specific locations and installations. Platforms Measures to prevent, mitigate and offset significant negative effects of the Site Development 45 Plan  Adaptation of the pile-driving process to the construction or operation of the instal- location- and project-specific conditions lation in accordance with the state of the by control of the pile-driving energy and art impact frequency  Lighting that is as compatible as possible  Noise prevention measures: use appro- with nature during operation of the plat- priate methods to prevent killing and in- forms in order to reduce attraction as far juring fauna near the pile-driving site: as possible, taking into account the re- quirements of safe shipping and air traffic  Use of suitable deterrent devices and occupational safety, e.g. switching such as the FaunaGuard system obstruction lighting on and off as re- or, in special cases, "pingers" and quired, selection of suitable lighting in- "seal scarers" tensities and spectra or lighting intervals  "Soft-start procedure": delaying  Restriction of the introduction of hard the increase of pile-driving en- substrate to a minimum ergy should allow fauna in the vi- cinity of the pile-driving site to  Use of low-pollution paints move away from the construction  Use of traffic safety vehicles during the site. construction and commissioning phases  Coordination of pile-driving work for vari- in order to prevent collisions ous projects in order to minimise overall  Correct disposal of oil residues from ma- noise output times chinery, faeces, packaging, waste and  Consideration of the noise protection wastewater on land. Preparation of a concept of the Federal Ministry for the "waste concept" for construction and Environment, Nature Conservation and operation Nuclear Safety (2013)  Compilation of emergency plans, includ-  Assessment of alternative, low-noise ing for accidents involving water-polluting foundation forms for platforms, such as substances during the construction and "suction buckets" or gravity foundations. operation phases The environmental impact of alternative  If, during planning or installation of plat- forms of foundation must always be as- forms, so far undiscovered ordnance is sessed with regard to any additional sig- found on the seabed, corresponding nificant effects on the marine environ- protective measures must be taken. ment, in particular due to the introduction of continuous noise.  Reduction of shipping traffic for construc- Subsea cable systems (DC and tion and operation of platforms, and the AC cable systems) associated acoustic and visual impair- ments, to a minimum by optimal con- Measures for prevention and mitigation must be struction and time planning taken into account as early as the route planning and technical design stages (see Fehler! Ver-  Ensuring that no preventable emissions weisquelle konnte nicht gefunden werden.). of pollutants, noise or light occur during The magnetic field development of the cable sys- tems is kept to a minimum by the use of HVDC Measures to prevent, mitigate and offset significant negative effects of the Site Development Plan 46 on the marine environment technology as specified in the Site Development ordnance is found on the seabed, corre- Plan and the cable configurations specified in ac- sponding protective measures must be cordance with the state of the art. The planning taken. principle for sediment warming should ensure The aim is to implement the following measures compliance with the "2K criterion", i.e. a maxi- with a view to achieving the most eco-friendly de- mum permissible temperature increase of 2 K at sign possible: a sediment depth of 20 cm.  Investigation and presentation of the ef- Moreover, the following measures that help to fects of platforms and subsea cable sys- prevent and mitigate environmental effects are tems on the marine environment within to be implemented in the specific implementation the scope of a monitoring operation, in- of the individual projects: cluding monitoring of coverage during the  Relocation outside nature conservation operating phase of the cables; areas and known occurrences of pro-  Evaluation of the monitoring results in re- tected biotope structures, if possible spect of cumulative effects or interrela-  Selection of the shortest possible route tionships of various uses;  Bundled cable laying  Consideration of the monitoring results within the framework of the update, i.e.  Optimisation of route selection within the experience from implementation of the framework of fine routing in order to pre- projects is used to continuously improve vent and not effect known occurrences of mitigation and prevention measures. particularly sensitive biotopes as far as possible in accordance with section 30 of the Federal Nature Conservation Act  Use of laying methods that protect the soil as much as possible for installation of the cable systems, depending on sed- iment conditions and water depths and taking into account the required minimum coverage  Use of cable types that develop electric and magnetic fields that are as low as possible  Use of materials in cable systems that are as eco-friendly as possible  Reduction of intersections to the required minimum  Use of inert, natural materials for filling and intersections that become necessary  If, during planning or installation of sub- sea cable systems, so far undiscovered Investigated alternatives 47 9 Investigated alternatives jects. Conceptual/strategic design, the spatial lo- cation and technical alternatives therefore play a In accordance with Art. 5 subsection 1 sentence part at the planning level. 1 of the SEA Directive in conjunction with the cri- In principle, it should be noted that preliminary teria in Annex I of the SEA Directive and section examination of possible and conceivable alter- 40 subsection 2 no. 8 UVPG, the environmental natives is already inherent in all specifications in report contains a brief description of the reasons the form of standardised technical and planning for the choice of reasonable alternatives exam- principles. As can be seen from the justification ined. The reasonable alternatives under consid- of the individual planning principles, in particular eration are explained below. Essentially, differ- those relating to the environment – such as, for ent types of alternatives can be considered for example, Avoiding threats to the marine environ- an assessment of alternatives; in particular stra- ment, respecting nature reserves, routing that is tegic, spatial or technical alternatives. The pre- as bundled as possible and implementation that requisite is always that these are reasonable or is as free from crossings as possible – the prin- can be seriously considered. ciple in question is already based on considera- Thus not all conceivable alternatives need to be tion of possible public concerns and legal posi- assessed. However, it is no longer sufficient to tions, so that a "preliminary assessment" of pos- identify, describe and evaluate only those alter- sible alternatives has already been carried out. natives that "seriously offer" or "impose" them- There are already a large number of different selves. The obligation to investigate thus ex- uses and legally protected concerns in the EEZ. tends to all alternatives that "are not obviously ... A "Regulation on Regional Planning in the Ger- remote" (Landmann/Rohmer, 2018). Assess- man EEZ in the North Sea" of 21 September ment of alternatives does not explicitly require 2009, which defines objectives and principles, the development and assessment of particularly also exists in order to regulate the usage inter- eco-friendly alternatives. Rather, the "reasona- ests within the North Sea EEZ. An overall as- ble" alternatives in the above sense should be sessment of the uses and functions in the EEZ presented in a comparative manner with regard has already been carried out as part of the prep- to their environmental effects, so that considera- aration of the Spatial Plan. The objectives and tion of environmental concerns becomes trans- principles of the Spatial Plan have largely been parent when deciding on the alternative to be adopted in the Spatial Plan and are being re- pursued (S. Balla, 2009). viewed and weighed against the specific regula- At the same time, the effort required to identify tory issues of the concerns and rights presented and assess the alternatives under consideration in this procedure. must be reasonable. This means that the greater Possible reasonable alternatives in detail: the expected environmental effects and hence the need for planning conflict resolution, the more likely it is that comprehensive or detailed investigations will be required. By way of example, Annex 4 no. 2 UVPG refers to the assessment of alternatives with regard to the design, technology, location, size and scope of the project, but explicitly refers only to pro- 48 Investigated alternatives Zero alternative 9.3.2 Comparison of the sites with each other Strategic alternatives Within the framework of the FEP (Chapter 5.2.2), a comparison is made between the areas identi- Spatial alternatives fied or examined below in the FEP with regard to the criteria that are decisive for the decision on 9.3.1 Alternative assessment for areas the definition of the areas, among other things With regard to the assessment of alternatives for with regard to conflicts with other uses. In addi- areas, reference is made to the comments in the tion to the FEP implementation, possible con- FEP on the definition of the individual areas flicts are examined in detail here from a nature (Chapter 5.1). There are no seriously considered conservation perspective. alternatives to areas N-1 to N-13 on the basis of The following criteria are used for the nature con- the provisions of the current regional develop- servation area comparison: ment plan for the North Sea EEZ or conflicts with other uses, such as nature conservation areas or - Distance to the nearest protected area military training areas. Areas north-west of the in km (FFH and bird sanctuary) shipping route 10, which has been defined by - Location within/ outside the main con- spatial planning, are not seriously considered as centration area of loons alternatives to the areas designated in the FEP. - Location inside / outside the main dis- With the designated areas N-1 to N-13 (areas N- tribution area of harbour porpoises 4 and N-5 are being examined for possible sub- - Affection of biotopes protected under sequent use) in the North Sea, there is on the Section 30 BNatSchG and suspected one hand a contiguous planning area and on the areas on the site other hand the areas northwest of shipping route - Route of the connecting pipeline 10 are significantly further from the coast. This through a nature reserve (EEZ) in km results in a significant extension of the respective - Route of the connecting pipeline necessary connection systems and thus in any through § 30 biotope / suspected areas case in a greater impact on the seabed. In addi- (EEZ) in km tion, the available data and information basis for - Significance of the area for the individ- the area northwest of shipping route 10 is con- ual objects of protection (textual). siderably worse than for the areas designated in the FEP due to the lack of project-related moni- toring data. In the Baltic Sea EEZ, too, no reasonable alter- natives to the areas O-1 to O-3 are discernible due to the provisions of the current spatial plan- ning plan for the Baltic Sea EEZ. In the territorial sea of Mecklenburg-Western Pomerania, areas O-4, O-5 (area under examination) and O-6 and a test field will be selected by means of an ad- ministrative agreement. For these areas, refer- ence is made to the SEA assessments of the State Spatial Development Programme Meck- lenburg-Pomerania. Investigated alternatives 49 Table 5: Site comparison using nature conservation criteria. Site Minimum distance Site inside the Site within the Affection of § Connection Connection (km) to the nearest main concen- main porpoise 30 bio- line through § 30 bio- protected area af- tration area of distribution topes/sus- through tope / suspected ter loons area pected areas conserva- areas (share of FFH-Dir | VS-Dir tion area EEZ route, km) (EEZ share, km) N-3.7 26 21 No No Not known No No N-3.8 20 22 No No Not known No No O-1.3 9 13 - - Suspected area No No not confirmed N-7.2 28 58 No No Not known No Yes, 2 km suspected area N-3.5 14 18 No No Not known No No N-3.6 11 21 No No Not known No No N-6.6 27 6 No No Not known No Ja, ca. 10 km* N-6.7 40 33 No No Not known No Ja, ca. 10 km* N-9.1 48 30 No No Not known No No N-9.2 48 50 No No Not known No No N-9.3 51 28 No No Not known No Ja, ca. 10 km* N-9.4 50 43 No No Not known No Ja, ca. 10 km* N-10.1 29 70 No No Not known No No N-10.2 34 66 No No Not known No No O-2.2 (in 12 23 - - Not known No No Prüfung) N-5.4 (in 5 17 Yes Yes Yes Yes, 157 km Yes, approx. 3 km den FEP- (Chap. sandbank + 13 km Entwürfen 9.3.3) suspected area 2019 in (Chap. 9.3.3) Prüfung) *compare Chapter. 9.3.4 In detail: be medium to - seasonally in spring - high. Mon- itoring results for the area N-1 to N-3 show a sig- North Sea nificantly higher occurrence in the "Borkum The designated sites N-3.7, N-3.8, N-3.5 and N- Riffgrund" conservation area with decreasing 3.6 in area N-3 are located at a distance of more densities in an easterly direction (section than 10 km from the nearest nature reserve 2.8.3.1). There are no known occurrences of pro- "Borkum Riffgrund". The shortest distance to the tected biotopes in the area of the designated main concentration area of loons is around 40 sites N-3.5, N-3.6, N-3.7 and N-3.8. Due to the km, and the main distribution area of harbour only slight overlap of the N-3 area with the porpoises is at least 34 km away from the indi- "Borkum Riff Ground" sandbank and the other- vidual areas. According to current knowledge, wise predominantly homogeneous, fine to me- the areas are considered to be of medium im- dium-sand sedimentary conditions, the N-3 area portance for resting and foraging birds (cf. is considered to be of only slight overall, and av- 2.9.3.1). For harbour porpoises, the importance erage, importance in the south-western sub-area of the areas in area N-3 is currently assumed to with regard to the protected biotope types. The 50 Investigated alternatives connecting pipelines for all four areas run in the and ecological importance of the burrowing meg- EEZ outside nature reserves and outside known afauna, the benthic community in the designated occurrences of legally protected biotopes. Thus, areas of the N-6 area is considered to be of av- according to the current state of knowledge, no erage to above-average importance (section significant nature conservation conflicts are dis- 2.6.3.1). Based on current knowledge, the des- cernible for the areas designated in area N-3. ignated sites N-6.6 and N-6.7 are not expected to contain any legally protected biotopes (Sec- The site N-7.2 is located at a considerable dis- tion 2.5.3.1). The connecting pipelines for both tance from nature reserves (min. 28 km). The areas in area N-6 run completely outside nature main concentration area of loons and the main conservation areas in the EEZ, and the routes distribution area of harbour porpoises are both cross the protected sandbank biotope type over more than 50 km away from N-7.2. According to a length of around 10 km. Based on current current knowledge, area N-7 is of medium im- knowledge, potential conflicts with regard to the portance for harbour porpoises (cf. 2.8.3.1) and route of the connecting pipeline are therefore sea and resting birds (cf. 2.9.3.1). This area is conceivable, but less so with regard to the areas most frequently used by species of seabirds themselves. Reference is made to the examina- which are widespread throughout the North Sea. tion of alternatives to bypassing the sandbank in Disturbance-sensitive species such as loons are Section 9.3.4. only found in the areas for short periods in search of food and during the main migration pe- The sites N-9.1 to N-9.4 are at a distance of at riods. Due to the occurrence of species of bur- least 28 km from the nearest protected area. The rowing bottom megafauna, the benthic commu- distance to the main distribution area of harbour nity is assigned average to above-average im- porpoises is around 50 km, and even 54 km to portance in the area of the N-7.2 site (section the main concentration area of loons. Overall, 2.6.3.1). Based on current knowledge, the occur- the areas are of medium importance for the pro- rence of legally protected biotopes in the site of tected species of marine mammals and sea and N-7.2 is not to be expected (Section 2.5.3.1). resting birds. The areas are of average to above- The connecting pipeline for the N-7.2 site runs average importance for the benthic species pro- outside of nature conservation areas in the EEZ tected due to the presence of species of digging at all events, but over a length of around 2 km bottom megafauna. The occurrence of legally the pipeline crosses suspected areas of "spe- protected biotopes on the sites can be ruled out cies-rich gravel, coarse sand and schill". Based on the basis of the available information. Despite on the current state of knowledge, this means the occurrence of sediments with a sometimes that any potential small-scale conflicts with re- high proportion of silt and types of digging soil gard to the route of the connecting pipeline can megafauna (Section 2.6.3.1), the absence of sea be identified. feathers means that the legally protected biotope type "silt beds with digging soil megafauna" can Sites N-6.6 and N-6.7 are also located far from be ruled out. The connecting pipeline NOR-9-2 nature conservation areas (min. 25 km) and at a runs for just under 10 km through the protected considerable distance from the main concentra- sandbank biotope type, although it is completely tion area of loons and the main distribution area outside protected areas in the EEZ. Based on of harbour porpoises (more than 55 km in each current knowledge, potential conflicts could thus case). The areas are considered to be of me- arise with regard to the route of the connecting dium importance both for harbour porpoises and pipeline (cf. also the assessment of alternatives for sea and resting birds. Due to the occurrence to bypassing the sandbank in Chapter 9.3.4). Investigated alternatives 51 The sites N-10.1 and N-10.2 are at a distance of 2.8.3.1). For the protection of sea and resting at least 29 km from the nearest protected area. birds, the very high importance of the surround- The distance to the main distribution area of har- ing area of the entire N-5 area for the black- bour porpoises is 30 km and to the main concen- throated and black-throated divers listed in An- tration area of loons 35 km. The areas are of me- nex I of the Birds Directive must be emphasised dium importance for the protected species of ma- (cf. 2.9.3.1). rine mammals and sea and resting birds. Due to Research and monitoring results unanimously the ecological importance of the proven species show that the avoidance behaviour of divers to- of the burrowing ground megafauna, the benthos wards offshore wind farms and the associated in these areas is of average to above-average habitat loss is much more pronounced than orig- importance overall. The existence of legally pro- inally assumed. Current results from the wind tected biotopes on the sites can be ruled out on farm projects in the N-5 area show significant the basis of the available information. Despite mean avoidance distances of about 15 km in the the occurrence of sediments with a sometimes western sub-area (cf. Chapter 5.2.2.1). In ac- high proportion of silt and species of digging soil cordance with the precautionary principle and in megafauna (Section 2.6.3.1), the absence of sea order to avoid endangering the marine environ- feathers means that the legally protected biotope ment within the meaning of Article 5 (3) Wind- type "silt beds with digging soil megafauna" can SeeG and causing a significant disturbance be ruled out. within the meaning of Article 44 (1) No. 2 The site N-5.4 shown in the (preliminary) drafts BNatSchG with the required degree of certainty, of the FEP 2019 under review is at a minimum the FEP continues to refrain from designating the distance of 5 km from the nature conservation site N-5.4, which is currently being examined in area "Sylt Outer Reef - Eastern German Bight"; the (preliminary) drafts of FEP 2019 (see Chap- the distance to the nearest bird sanctuary "East- ters 8.4 and 8.5 of the FEP draft). ern German Bight" is around 17 km. The area The required connecting pipeline for the site N- lies both within the main concentration area of 5.4, which is currently being examined in the loons and in the main distribution area of harbour (preliminary) drafts of the FEP 2019, runs in the porpoises. Due to the sometimes extensive oc- EEZ over a distance of 157 km and thus almost currence of the biotopes "Sublito-rale Sand- completely through the nature reserve "Sylt bank", "Reefs" and "Species-rich gravel, coarse Outer Reef - Eastern German Bight". This in- sand and schill beds", the site N-5.4, which is volves crossing known occurrences of the FFH- currently being examined in the (preliminary) LRT "Sandbank" over a length of around 3 km drafts of FEP 2019, is of great importance with and over a distance of around 13 km of sus- regard to the conservation value of biotope pected areas of the § 30 biotope "Species-rich types. In view of the relatively high species diver- gravel, coarse sand and schill grounds". In the sity and the high structural heterogeneity, the procedure for the parallel connection system benthic community can be regarded as above SylWin1 it became apparent that a bypass of average in terms of the area as a whole. Accord- these KGS deposits was problematic. From a ing to the current state of knowledge, the sur- nature conservation point of view, this results in roundings of the site N-5.4, which is currently un- considerable conflicts with regard to the area N- der review in the (preliminary) drafts of FEP 5.4, which is being examined in the (preliminary) 2019, are of great importance to harbour por- drafts of the FEP 2019. poises and represent the core area of the identi- fied main distribution range of harbour porpoise For migratory birds, the individual marine areas in the German North Sea (BMU, 2013; cf. in the area of areas N-1 to N-13 are of average 52 Investigated alternatives to above-average importance overall. The cur- 2.8.3.1 Baltic Sea Baltic Sea Baltic Sea Unit). rent state of knowledge does not indicate any For seabirds, all findings to date indicate that the significant differences between the individual site O-1.3 is of medium importance. Area O-1, in areas and zones. It is also not possible at which the area is located, has a medium overall present to draw any final conclusion about a pos- seabird occurrence and also only a medium oc- sible decrease in migratory intensity with increa- currence of endangered species and species re- sing distance from the coast. Consequently, the quiring special protection (section 2.9.3.1 Baltic protection status of migratory birds is no longer Sea Terminal). With regard to migratory birds, taken into account when comparing the areas in the area of the O-1.3 site is of average im- the North Sea that have been designated and portance for migrating waterfowl, and of average those under examination. The same applies to to above-average importance for night migra- fish, for which the importance of the areas and tors. A differentiated consideration is required for sites can only be described in general terms on migratory birds. Known main migration routes the basis of the available catch data and me- are undoubtedly of above-average importance. thods. The overview of species records by area The neighbouring areas of these main migration did not show any particular significance of a spe- routes such as the area O-1.3 are probably of cific area for the constant, common character average to above-average importance depen- species. ding on wind force and direction. In strong wes- terly winds, cranes may drift from the main mig- The result shows that the sites N-9.1 to N-9.4 as ration route into the area O-1 (Chapter 2.10.3.3 well as N-10.1 and N-10.2 represent a Baltic Sea sub-area). The route connecting site reasonable alternative to the area N-5.4 exa- O-1.3 runs in the EEZ outside protected areas mined in the (preliminary) drafts of the FEP and outside known occurrences of protected bi- 2019, at least in terms of the nature conservation otopes. There are indications of possible con- issues examined here. flicts with bird migration in the O-1.3 site, and the Baltic Sea suitability of the O-1.3 site is currently being re- The site O-1.3 in the Baltic Sea is located at a viewed. Based on the results of the SEA within distance of almost 10 km from the nearest pro- the framework of the suitability test, the need for tected area "Pomeranian Bay - Rönnebank". Ac- the establishment of guidelines to avoid a signi- cording to the current state of knowledge, the ficantly increased risk of collision for certain ty- benthic biocoenosis in the area of site O-1.3 is of pes of migratory birds is seen. medium importance overall (Section 2.6.3.1 Bal- The site under examination O-2.2 is located at a tic Sea Environmental Information). In the north- distance of 12 km from the nearest nature re- eastern area of site O-1.3, a residual sediment serve. The route connecting the area also runs area with coarser sediments and deposits of in the EEZ outside nature reserves and outside overgrown stones was identified. This suspected known occurrences of protected biotopes. The reef area was not confirmed in the course of the site O-2.2 has a low structural richness overall. suitability test. For harbour porpoises, the area No legally protected biotopes are expected to oc- of site O-1.3 is of medium to seasonal im- cur in this area (Section 2.5.4.1 Baltic Sea En- portance in the winter months. The importance vironmental Report). The area is of little signifi- results from the possible use by individuals of the cance for benthos. The predominant benthic Baltic Sea's separate and highly endangered species are predominantly composed of species harbour porpoise population. However, the area that regenerate rapidly (Section 2.6.3.1 Baltic is used irregularly by harbour porpoises for cros- Sea BU). According to current knowledge, the sing, staying and as a source of food (section area is used by harbour porpoises as a transit Investigated alternatives 53 area. On the basis of available information, it is site. Questions which cannot yet be conclusively currently possible to deduce that the O-2 area is assessed need to be discussed and clarified, for of medium to high importance for harbour por- example on the issue of bird migration and spe- poises. The seasonally high importance of the cies protection prohibitions (Article 44 of the Fe- area is due to the potential use of the separate deral Nature Conservation Act), so that the defi- and highly endangered Baltic Sea population of nition of the O-2.2 site will be further examined harbour porpoise by individuals during the winter within the framework of the continuation of the months (section 2.8.3.1 Baltic Sea BU). All fin- FEP.Alternative routes for gates N-IV and N-V dings to date indicate that the O-2 area is of mi- Alternative routes to Lower Saxony for gate N-II nor importance for seabirds. The area has a low (Norderney) were assessed for the NOR-7-2 occurrence of endangered species and species system, in addition to the route proposed in the requiring special protection (section 2.9.3.1 Bal- plan for gate N-IV/N-V. These are solely spatial tic Sea disaster area). Overall, the area of site O- variants as they do not represent an alternative 2.2 under review is of average to above-average in temporal terms. Please see the alternative as- importance for migrating waterbirds. In particu- sessment of NOR-3-2 and NOR-6-3 for NOR-7- lar, the baseline survey of the area south of O- 2 in the draft Site Development Plan in chap- 2.2 revealed a high number of common scoter ter 5.5.2. individuals. Thus, 8174 animals were counted in 2011. This means that approx. 1.5% of the bio- In BFO-N 2016/2017, instead of NOR-7-2, the geographic population passed through area O-2, connecting line NOR-5-2 led to boundary corri- which is of above-average importance for the dor Common Scoter migration. Most of the nocturnal N-V. Therefore, an alternative consideration of bird migration takes place across a wide front NOR-7-2 and NOR-5-2 for boundary corridor N- across the Baltic Sea. Due to the very high num- V is given here (see Fehler! Verweisquelle bers of expected individuals and the significant konnte nicht gefunden werden.). It should be proportion of endangered species, Area O-2.2 is noted that the specification of region N-5 and site of average to above-average importance for N-5.4 is still being assessed (see chapter Feh- night migration. ler! Verweisquelle konnte nicht gefunden werden.). A differentiated observation is necessary for crane migration. A total of 1231 migrating cranes Compared with the NOR-7-2 and NOR-5-2 were recorded in area O-2 during autumn migra- routes for boundary corridor N-V, a significantly tion in 2008, which corresponds to about 3.1% of higher number of crossings is required with ex- the resting population of Western Pomerania or isting or planned cables or pipelines for the 1.37% of the biogeographic population. The ma- NOR-7-2 route. However, it also appears that the jority of these birds may have been displaced by route from NOR-5-2 to gate N-V, at a distance of north-westerly winds from a flight path from 159 km, would be almost 70% longer than the southern Sweden to south-eastern Rügen. The NOR-7-2 route (94 km). Moreover, NOR-5-2 site O-2.2 is located close to known main migra- would run almost entirely within the nature con- tion routes and is therefore probably of average servation area and, in places, within or in the im- to above-average importance for bird migration, mediate vicinity of known section 30 biotope oc- depending on wind strength and direction (Chap- currences. Overall, therefore, the proposed ter 2.10.3.3 Baltic Sea Bird Area). Thus, in rela- NOR-7-2 alternative is expected to have less im- tion to migratory birds as a protected asset, es- pact on the marine environment than the route of pecially when viewed cumulatively, nature con- NOR-5-2. servation conflicts are discernible in the O-2.2 54 Figure 9: Alternative routes for gates N-IV and N-V. bypassing the sandbank. This concerns the ca- 9.3.3 Bypass sandbank Borkum reef ble routes of the NOR-6-3 and NOR-9-2. As only ground sites located west of gate N-II are connected via An alternative assessment is carried out for all the said cable routes, a route running west of cable systems running to boundary corridor N-II area N-2 via the sandbank is significantly shorter with regard to the routing of cables via the overall than a route running east of area N-2 (see Borkum Reef Ground sandbank, compared with 55 Table 6). type "reef" or outside known occurrences of the section 30 biotope type "Species-rich gravel, In the western route variant, the Borkum Reef coarse sand and shell layers" within the sand- Ground sandbank is crossed (see Figure 10: Al- bank. The routes in the Site Development Plan ternative routes for connecting sites ) – depend- west of area N-2 will be specified due to the sig- ing on the cable in question – over an average nificant additional length totalling 75 km when length of 10 km. However, the FFH habitat type bypassing the sandbank, and four additional "sandbank" is crossed outside the protected crossings required for the NOR-6-3 connection. area at the eastern spurs of the sandbank and outside known occurrences of the FFH habitat 56 Table 6: Comparison of the route lengths for the variants via the sandbank versus bypassing the Borkum Reef Ground sandbank. Variant via the sand- Variant bypassing the Difference bank sandbank Route length, EEZ NOR-6-3: 91 km NOR-6-3: 128 km NOR-6-3: 37 km NOR-9-2: 142 km NOR-9-2: 180 km NOR-9-2: 38 km Involvement of section yes No 30 biotopes (if known) Sandbank NOR-6-3: 10,0 km NOR-9-2: 9,2 km Figure 10: Alternative routes for connecting sites N-6.6, N-6.7, N-9.3 und N-9.4. 57 pole, which seems to be expedient with regard Technical alternatives to system stability at an increased transmission The standard concept for the connection in the power of 2,000 MW. If the design with metallic North Sea is a direct current system. The trans- return conductor is no longer planned within the mission voltage for the connection systems in framework of technical developments, this can zones 1 and 2 is 320 kV and for zone 3 525 kV. be introduced within the framework of an update Connection systems with a voltage of 525 kV of the FEP. have a standard transmission capacity of 2,000 For the connection of offshore wind farms via a MW. transformer platform to the converter platforms, In principle, the length of the line connecting an the 155 kV connection concept has so far been area or region to the grid connection point on provided for in the BFO-N. The definition of the land appears to be the decisive factor in the sel- 66 kV connection concept for the direct connec- ection of the appropriate transmission techno- tion of wind energy plants to the converter plat- logy for the grid connection of offshore wind form as a standard concept leads to savings of farms. For line lengths of more than 100 km, required space. This is due to the fact that trans- reactive power compensation facilities must be former platforms are no longer necessary and regularly provided for three-phase connections. can be saved, but a separate platform for main- The transmission losses also increase with the tenance and accommodation purposes of the length of the cable system. With HVDC transmis- offshore wind farms might be required. Depen- sion, these losses are significantly lower. For the ding on the spatial location of the future conver- North Sea EEZ, route lengths of more than 100 ter platform, there could also be a saving of sub- km are to be expected in the future, with increa- marine cables. sing distance from the coast also significantly The increase of the standard transmission vol- more. When using HVDC transmission, several tage of the HVDC transmission systems to 525 offshore wind farms or areas can be connected kV was consulted within the framework of the due to the relatively high system performance of FEP 2019 deployment procedure. On the basis the collective connection, in which an HVDC of the information now available, the availability transmission grid connection system - consisting of the technology (in particular submarine of a converter platform and a DC submarine cables) in 2029 can be estimated as realistic. Ac- cable system - is used. Compared to a connec- cording to the transmission system operators, tion using three-phase current technology, a sig- the space required for the transmission of 2,000 nificantly smaller number of cable systems is re- MW will increase and with it the size of the con- quired and the space required for the cable sys- verter platform, but only one instead of two plat- tems is thus reduced. Accordingly, the use of forms will be required to transmit the same three-phase current technology as transmission power. The significant increase in transmission technology in the North Sea EEZ is out of the capacity from 900 MW to 2,000 MW leads to a question. In the case of the direct current sub- significant reduction in the number of corridors marine cable systems with an increased trans- required. Against the background of the strong mission voltage of 525 kV, the bipolar version spatial restrictions on the routing of connecting with metallic return conductor is intended. In this lines on land, the increase in the standard trans- case, in addition to the two standard submarine mission capacity therefore appears sensible. DC cables, a third cable - the so-called metallic return conductor - must be installed in the The idea of a direct current grid is not yet techni- bundle. If one pole fails, such a design at least cally feasible. In this case, an alternating direc- allows continued operation with the remaining 58 tion in the offshore wind energy plants is dispen- sed with and a pure direct current grid at sea is established. With the help of DC-DC converters, the low DC voltage of the wind energy plants is raised to maximum voltage (e.g. 320 kV or 525 kV), e.g. on a platform for transport on land. Another concept to be considered would be the island like installation of several platforms to connect the wind farms in close proximity to each other in areas further away from the coast. This possibility has not currently reached a stage that justifies a more in-depth examination. This pos- sibility is therefore obviously still far away at present. Measures envisaged for monitoring the environmental impacts 59 10 Measures envisaged for phases of monitoring at the level of individual projects or clusters of projects developed in a monitoring the environ- spatial and temporal context. The assessment mental impacts will also cover the unforeseen significant effects of the implementation of the plan, the marine en- The potential significant effects on the environ- vironment and the review of the forecasts in the ment resulting from the implementation of the environmental report. In this context, in accord- plan are to be monitored in accordance with sec- ance with section 45 subsection 3 UVPG, the tion 45 UVPG. The aim is to identify unforeseen Federal Maritime and Hydrographic Agency will adverse effects at an early stage and take appro- ask the competent authorities for the monitoring priate remedial action. results available there; these are required for im- Accordingly, in accordance with section 40 sub- plementation of the monitoring activities. section 2 no. 9 UVPG, the environmental report Results from existing national and international is to specify the measures envisaged for moni- monitoring programmes must also be taken into toring the significant environmental effects of im- account, also with a view to preventing duplica- plementation of the plan. Monitoring is the re- tion of work. The monitoring of the conservation sponsibility of the Federal Maritime and Hydro- status of certain species and habitats required graphic Agency, which is the authority responsi- under Art. 11 of the Habitats Directive must also ble for strategic environmental assessment (see be included, as must the investigations to be car- section 45 subsection 2 UVPG). As intended by ried out in the context of the management plans Art. 10 subsection 2 of the SEA Directive and for the nature conservation areas "Sylt Outer section 45 subsection 5 UVPG, existing monitor- Reef – Eastern German Bight" and "Borkum ing mechanisms may be used to prevent dupli- Reef Ground". It will also provide links with the cation of monitoring work. According to section measures provided in the Marine Strategy 45 subsection 4 UVPG, the results of the moni- Framework Directive and the Water Framework toring activities are to be taken into account in Directive. the updating of the Site Development Plan. In summary, the planned measures for monitor- With regard to the planned monitoring activities, ing the potential effects of the plan can be sum- it should be noted that the actual monitoring of marised as follows: the potential effects on the marine environment can only begin when the Site Development Plan  Consolidation of data and information for the description and evaluation of the status of ar- is implemented, i.e. when the decisions made eas, factors and possible effects from the de- within the framework of the plan are imple- velopment of individual projects, mented. Nevertheless, the natural development  Development of suitable procedures and cri- of the marine environment, including climate teria for evaluation of the results from effect change, should not be disregarded when as- monitoring of individual projects, sessing the results of monitoring activities. How-  Development of procedures and criteria for ever, general research cannot be carried out evaluation of cumulative effects, within the framework of monitoring. Therefore,  Development of procedures and criteria for project-related monitoring of the effects of the forecasting possible effects of the plan in a uses regulated in the plan is of particular im- spatial and temporal context, portance.  Development of procedures and criteria for The main function of plan monitoring is to bring evaluating the plan and adapting or, where together and evaluate the results of different 60 Measures envisaged for monitoring the environmental impacts appropriate, optimising it as part of the up-  Data from monitoring activities as date, part of the implementation of the  Evaluation of measures to prevent and miti- Marine Strategy Framework Di- gate significant effects on the marine envi- rective, ronment,  Data from the monitoring of  Development of norms and standards. Natura 2000 sites,  Data provided by States from monitoring activities in coastal The following data and information are required waters, in order to assess the possible effects of the  Data from other authorities re- plan: sponsible for authorising uses at 1. Data and information available to the sea according to other legal ba- Federal Maritime and Hydrographic ses, such as the Federal Mining Agency within the scope of its responsi- Act, maritime traffic monitoring bility: (AIS), fisheries monitoring (VMS)  Data resources from previous EIS and monitoring of offshore pro- 3. Data and information from Federal and jects that are available to the Fed- State research projects, e.g.: eral Maritime and Hydrographic  HELBIRD / DIVER, Agency for review (according to the Offshore Installations Ordi-  Sediment EEZ nance), 4. Data and information from evaluations carried out within the scope of interna-  Data resources from the right of tional committees and conventions: subrogation (according to Wind- SeeG),  OSPAR  Data resources from the prelimi-  ASCOBANS nary investigations (according to  AEWA WindSeeG),  BirdLife International  Data resources from the con- struction and operation monitor- For reasons of practicability and appropriate im- ing of offshore wind farms and plementation of requirements from the strategic other uses environmental assessment, the Federal Mari-  Data from national monitoring, time and Hydrographic Agency will pursue an collected by or on behalf of the approach focusing on the interdisciplinary com- Federal Maritime and Hydro- pilation of information on the marine environ- graphic Agency, ment that is as ecosystem-oriented as possible  Data from Federal Maritime and when monitoring the possible effects of the plan. Hydrographic Agency research To be able to assess the causes of planned projects. changes in parts or individual elements of an ecosystem, the anthropogenic variables from 2. Data and information from the areas of spatial observation (e.g. technical information on responsibility of other Federal and State shipping traffic from AIS data resources) must authorities (on request): also be considered and included in the assess-  Data from national monitoring of ment. the North Sea and the Baltic Sea (formerly BLMP), Measures envisaged for monitoring the environmental impacts 61 When combining and evaluating the results from entire duration of the construction phase and for monitoring at project level and from other na- a period of between three and five years. No tional and international monitoring programmes, special monitoring is required during the operat- and from the accompanying research, it will be ing phase. necessary to review the gaps in knowledge and The Federal Maritime and Hydrographic Agency uncertain forecasts presented in the environ- implements many projects as part of its accom- mental report. This applies in particular to fore- panying research into the possible impacts of off- casts concerning assessment of significant ef- shore wind turbines on the marine environment. fects on the marine environment from the uses regulated in the Site Development Plan. The cu- The Federal Maritime and Hydrographic Agen- mulative effects of defined uses are to be as- cy's research projects directly related to the pos- sessed regionally and supraregionally. sible effects on factors and the development of norms and standards include the following: Monitoring of the potential ef-  Project ANKER "Approaches to cost re- fects of the areas and sites for duction in the surveying of monitoring offshore wind turbines data for offshore wind farms", FKZ The investigation of the potential environmental 0325921, with funding from the Federal effects of areas and sites for offshore wind en- Ministry for Economic Affairs and En- ergy is to be carried out at the secondary project ergy/PtJ, level, on the basis of the standard "Investigation  R&D study BeMo "Evaluation ap- of impacts of offshore wind turbines (StUK4)" proaches for underwater noise monitor- and in coordination with the Federal Maritime ing in connection with offshore licensing and Hydrographic Agency. The results from the procedures, regional development and investigations of the future offshore wind farm the Marine Strategy Framework Di- projects are to be used as a basis for assess- rective", with funding from the Federal ment of the locations with regard to the biological Ministry of Transport and Digital Infra- factors. Monitoring during construction of foun- structure/Federal Maritime and Hydro- dations by means of pile-driving work involves graphic Agency, measuring underwater noise and acoustic re-  R&D project "Sound mapping", with cordings of the effects of pile-driving noise on funding from the Federal Ministry of marine mammals using POD measuring instru- Transport and Digital Infrastructure/Fed- ments. Additional monitoring measures are also eral Maritime and Hydrographic Agency, planned in order to assess the effects of the  R&D cooperation, NavES "Eco-friendly stratification of the water under certain hydro- offshore developments", with funding graphic conditions on the propagation of pile- from the departmental research plan of driving noise in the Baltic Sea, and to allow fur- the Federal Ministry for the Environ- ther measures to be implemented if necessary. ment, Nature Conservation and Nuclear These measures may include additional noise Safety; several sub-projects belong to measurements coupled with CTD measure- NavES: ments at different water depths in order to detect o MultiBird, investigation of the col- possible changes in noise propagation attenua- lision risk of migratory birds, tion due to stratification of the water body. o ProBird, forecast of migratory bird activity, Investigations are required for all factors in ac- o ERa, field report on pile-driving cordance with the requirements of StUK4 for the noise, 62 Measures envisaged for monitoring the environmental impacts o Schall [Noise] I and II, develop- topes that are protected in accordance with sec- ment of a specialist information system tion 30 of the Federal Nature Conservation Act for underwater noise, must also be examined in terms of spatial delim- o Schall [Noise] I and II, evaluation itation in accordance with the current mapping of underwater noise measurements. instructions from the Federal Agency for Nature Conservation. The measures implemented to date include de- velopment of measurement regulations for After the cable system has been laid, its position measuring underwater noise (2011), develop- must be indicated annually to the licensing au- ment of measurement regulations for determin- thority during the first five years of operation, in ing the effectiveness of noise mitigation systems accordance with current licensing practice, by (2013), and cooperation on the development of implementing at least one survey of the depth of ISO 18406:17 and DIN SPEC 45653. the system. The number of surveys in subse- quent years is determined by the licensing au- The results from ongoing Federal Maritime and thority on a case-by-case basis. Investigations Hydrographic Agency projects will be directly in- with regard to the marine environment are to be corporated into the further development of carried out in coordination with the licensing au- standards, such as the development of StUK5. thority on a project-specific basis. The investiga- Monitoring of potential effects of tion methods are to be presented, as far as pos- sible, as described in the "Standard – Investiga- platforms tion of the impacts of offshore wind turbines on The same monitoring measures as stated in the marine environment (StUK4)". Investigations Fehler! Verweisquelle konnte nicht gefunden of the benthic communities on the same tran- werden. are to be applied to the platforms pro- sects as in the baseline survey are to be carried vided for in the Site Development Plan. out one year after commissioning of the subsea cable systems in order to examine possible ef- Monitoring of the potential ef- fects from the construction and operation fects of sea cables phases. The potential effects of subsea cable systems on In addition, measures are planned for monitoring the marine environment can only be assessed in the implementation of the plan. These will help specific projects. For the first time, StUK4 (stand- to verify established forecasts with regard to sig- ard examination concept 4) also includes mini- nificant effects of offshore wind energy and, mum requirements for investigation of subsea where necessary, to adapt utilisation strategies cable routes with regard to benthos, biotope and planned prevention and mitigation structure and biotopes during the baseline sur- measures, or to review assessment criteria, in vey and the operating phase of the subsea cable particular with regard to cumulative effects. systems. Thus, during the baseline survey, each biotope structure identified by sediment surveys New findings from the environmental impact along the cable route must be documented with studies and the joint evaluation of research and at least three transverse transects for the benthic EIS data will be used as part of the strategic en- surveys. Additional transverse transects must vironmental assessment for the plan (see chap- also be defined at the start and end points of the ter Fehler! Verweisquelle konnte nicht gefun- den werden.). Joint evaluation of research and route. In turn, each transverse transect consists of five stations. Identified suspected sites of bio- EIS data will also allow products to be developed that provide a better overview of the distribution of biological factors in the EEZ. Consolidation of Measures envisaged for monitoring the environmental impacts 63 information is leading to an increasingly solid ba- sis for impact forecasting. In general, the intention is to ensure that data from research, projects and monitoring is con- sistent and make this available for competent evaluation. In particular, attempts should be made to create common overview products in or- der to review the effects of the plan. The existing geodata infrastructure at the Federal Maritime and Hydrographic Agency, which includes data from physics, chemistry, geology, biology and uses of the sea, will be used as a basis for con- solidating and evaluating ecologically relevant data and will be further developed accordingly. With regard to the consolidation and archiving of ecologically relevant data from project-related monitoring activities and accompanying re- search, it is specifically provided that data col- lected within the scope of accompanying ecolog- ical research will also be consolidated at the Federal Maritime and Hydrographic Agency and archived on a long-term basis. The Federal Mar- itime and Hydrographic Agency is already col- lecting and archiving the data on biological fac- tors from the baseline surveys of offshore wind energy projects and the monitoring of construc- tion and operating phases in the MARLIN (MarineLife Investigator), a specialist information network for environmental assessments. 64 Non-technical summary 11 Non-technical summary The FEP has the character of a sectoral plan. As an important control instrument, the sectoral Subject and occasion plan is designed to plan the use of offshore wind In accordance with sections 4 et seq. of the Wind energy in a targeted and as optimal as possible Energy at Sea Act (WindSeeG), the BSH pre- by defining areas and sites as well as sites, route pares a site development plan (FEP) in agree- and route corridors for grid connections or for ment with the Federal Network Agency and in cross-border submarine cable systems. coordination with the Federal Agency for Nature The FEP contains provisions for the expansion Conservation, the Directorate-General for Wa- of offshore wind energy plants and the offshore terways and Shipping and the coastal Länder. connection lines required for this purpose for the The FEP was first drawn up in 2018 and 2019 period from 2026 to at least 2030 with the aim of and was published on 28 June 2019 and is cur-  to achieve the expansion target under § 4 rently being updated. When the FEP was drawn No. 2b of the EEG, up, a detailed environmental assessment was  expand electricity generation from offshore carried out in accordance with the Environmental wind turbines in a spatially ordered and Impact Assessment Act (UVPG), the so-called space-saving manner, and Strategic Environmental Assessment (SEA).  to ensure the orderly and efficient use and The environmental reports were also published utilisation of offshore connecting lines and to on 28.06.2019. The performance of a Strategic plan, construct, commission and use offs- Environmental Assessment with the preparation hore connecting lines in parallel with the ex- of an environmental report is based on § 35 para. pansion of electricity generation from wind 1 no. 1 UVPG in conjunction with No. 1.17 of An- turbines at sea. nex 5, as site development plans are subject to the SEA obligation under Article 5 WindSeeG. In Within the framework of the central model, the principle, this also applies if the FEP is updated FEP is the control instrument for the orderly ex- or amended. pansion of offshore wind energy in a staged planning process. The FEP SEA is linked to up- The SEA for the FEP 2019 does not formally in- stream and downstream environmental assess- clude new areas and the definition of new areas ments. The FEP is classified as sectoral plan- or other energy production areas. Thus, a strate- ning after the superordinate MRO. In the next gic environmental assessment must be carried step, the areas for offshore wind energy plants out for the definitions that have not yet been re- defined in the FEP are pre-examined. If the viewed, as it is in any case not possible to rule suitability of a site for the use of offshore wind out the possibility of anticipated significant en- energy is determined, the site is put out to tender vironmental impacts. Insofar as new findings on and the winning bidder can submit an application existing provisions are available and relevant, for approval (plan approval or plan permit) for the these will also be taken into account. construction and operation of wind energy plants The main document of the Strategic Environ- on the site. There is no preliminary investigation mental Assessment is the present Environmen- for the defined platform sites and cable routes. tal Report. It identifies, describes and assesses In view of the character of the FEP as a control- the likely significant effects that the implementa- ling planning instrument, the depth of the inves- tion of the FEP will have on the environment and tigation of presumably significant environmental possible planning alternatives, taking into ac- impacts is characterised by a greater investiga- count the essential purposes of the plan. tion breadth and, in principle, a lower investiga- tion depth. As with the MSP instrument, the Non-technical summary 65 focus of the assessment is on the evaluation of The assessment of the likely significant environ- cumulative effects and the examination of alter- mental effects of the implementation of the FEP natives. includes secondary, cumulative, synergistic, short-, medium- and long-term, permanent and The establishment, updating and amendment of temporary, positive and negative effects in terms the FEP and the implementation of the SEA will of the goods to be protected. A detailed descrip- be carried out with due regard for the objectives tion and assessment of the state of the environ- of environmental protection. These provide infor- ment is the basis for the assessment of possible mation on the environmental status that is to be effects. The SEA has been carried out with re- achieved in the future (environmental quality ob- gard to the following protected assets: jectives). The objectives of environmental pro- tection can be seen in an overall view of the in-  Area ternational, Community and national conven- tions and regulations which deal with marine en-  Floor vironmental protection and on the basis of which  Water the Federal Republic of Germany has committed itself to certain principles and objectives.  Plankton Strategic Environmental Assessment metho-  Biotope types dology  Benthos In the present environmental report, the metho-  Fish dology of the SEA of the Federal Sectoral Plans Offshore (BFO), which has already been used as  Marine mammals a basis, is built on and further developed with a  Avifauna view to the additional specifications made in the FEP that go beyond the BFO.  bats The methodology is based primarily on the pro-  Biological diversity visions of the plan to be examined. Within the  Air framework of this SEA, it is determined, descri- bed and evaluated for each of the specifications  Climate whether the specifications are likely to have sig-  Landscape nificant impacts on the objects of protection con- cerned. The subject matter of the environmental  cultural heritage and other tangible assets report corresponds to the specifications of the  people, in particular human health FEP as listed in Article 5 para 1 WindSeeG.  Interactions between protected goods However, it is not so much the specifications in terms of time as the chronological order of the call for tenders or the calendar years of commis- The description and assessment of the likely sig- sioning that are relevant here, since these do not nificant environmental impacts is carried out se- cause any further environmental impacts com- parately for areas and land, platforms and sub- pared to the spatial specifications. Although marine cable systems. Furthermore, where ne- some planning and engineering principles serve, cessary, a differentiation is made according to among other things, to reduce environmental im- different technical designs. The description and pacts, they may also lead to impacts themselves, assessment of the probable significant impacts so that an assessment is required. of the implementation of the FEP on the marine 66 Non-technical summary environment also refers to the protected assets of offshore wind energy installations to be instal- described. All plan contents which may potenti- led is to be specified in the FEP for the areas or ally have significant environmental impacts are specifically for the areas. Although one or more examined. layouts for offshore wind farm planning are not taken as a basis for determining the expected in- The effects of construction and dismantling as stalled capacity, certain parameters such as well as the effects of plant and operating conditi- number of turbines, hub height, height of the lo- ons are considered. In addition, effects that may wer rotor tip, rotor diameter, total height, diame- arise in the course of maintenance and repair ter of foundation types and scour protection are work are also taken into account. This is followed assumed in this SEA for a consideration related by a description of possible interactions, a to the protection of the environment. consideration of possible cumulative effects and potential cross-border impacts. Also, when examining the sites for platforms, certain parameters are taken as a basis, such as An assessment of the impacts caused by the FE- the number of platforms or the length of the P's specifications is carried out on the basis of park's internal cabling. When determining routes the status description and status assessment and route corridors for submarine cable systems, and the function and significance of the indivi- certain widths of the cable trench and the num- dual areas, sites and routes for the individual ob- ber and area of the crossing structures and con- jects of protection on the one hand, and the im- verter platforms are assumed. pacts emanating from these specifications and the resulting potential impacts on the other. A fo- According to § 5 Para. 2a WindSeeG, the FEP recast of the project-related impacts when the can also make specifications for "other energy FEP is implemented is based on the criteria of production areas" for a total of 40 to 70 km². Pur- intensity, scope and duration of the effects. suant to § 3 No. 8 WindSeeG, another energy production area is an area outside areas where Within the framework of the impact prognosis, offshore wind energy turbines and other energy specific framework parameters for areas and si- production facilities can be erected in a spatial tes, for platform locations and for cable routes context. The installations may not be connected are used as a basis for evaluation. Although no to the public grid. In the North Sea EEZ, the for- wind farm layouts are specified in the FEP to de- mer area N-8.4 is designated in the FEP 2020 as termine the expected installed capacity, certain another energy production area (SEN-1). In the parameters are assumed in the SEA for the framework of the Strategic Environmental As- consideration of the protected areas. In order to sessment, a "classical" offshore wind farm is as- depict the spectrum of possible (realistic) deve- sumed on the basis of the existing knowledge re- lopments, the assessment is essentially based garding electricity generation. Additional en- on a range of individual parameters. This enab- vironmental impacts are highly dependent on the les the most comprehensive possible description respective use variant and will therefore be com- and assessment of the current planning status prehensively assessed at approval level. In this with regard to the protected interests. respect, the SEA for the other areas of energy With regard to the areas, a total of 13 areas are generation is carried out in the same way as the assumed to be worst-case scenarios, irrespec- assessment of areas for offshore wind energy. tive of the concrete definition in the plan and the Benthos probability of realisation. In accordance with § 5 para. 1 no. 5 WindSeeG, the expected capacity The EEZ of the North Sea is not of major im- portance in terms of the species inventory of Non-technical summary 67 benthic organisms. Nor do the benthic communi- Benthic habitats are directly overbuilt in the area ties identified show any special features, as they of necessary stone fills for cable crossings. The are typical of the North Sea EEZ due to the pre- resulting habitat loss is permanent but small- dominant sediments. Investigations of macro- scale. A non-native hard substrate is created, zoobenthos within the framework of the licensing which can cause changes in the species compo- procedures for offshore wind farms and from sition on a small scale. AWI projects from 1997 to 2014 have revealed Due to operational conditions, a warming of the communities typical of the German North Sea. uppermost sediment layer of the seabed can oc- The species inventory found and the number of cur directly above the cable system. If the cable Red List species indicate an average importance is laid at sufficient depth and taking into account of the study area for benthic organisms. that the effects will occur on a small scale, no Deep foundations of wind turbines and platforms significant impacts on benthic communities are cause disturbances of the seabed, sediment tur- expected according to current knowledge. With bulence and the formation of turbidity plumes. the planning principle for sediment warming, the The resuspension of sediment and the subse- FEP stipulates that the 2 K criterion must be met. quent sedimentation can lead to an impairment According to the BfN, this precautionary value or damage of the benthos in the immediate vi- ensures with sufficient probability, based on cur- cinity of the foundations for the duration of rent knowledge, that significant negative impacts construction activities. However, due to the of cable heating on the marine environment will prevailing sediment composition, these impair- be avoided. ments will only have a small-scale effect and are As things stand at present, the planned conver- limited in time. As a rule, the concentration of the ter platforms and submarine cable routes are not suspended material decreases very quickly with expected to have any significant impacts on the removal. Depending on the plant, changes in benthic material to be protected if the 2 K crite- species composition may occur due to local land rion is met. The ecological impacts are small- sealing and the introduction of hard substrates in scale and mostly short-term. the immediate vicinity of the structures. Biotope types Due to the laying of the submarine cable sys- tems, only small-scale and short-term distur- Possible impacts of converter platforms and sub- bances of the benthos by sediment upheavals marine cables on protected biotopes may result and turbidity plumes in the area of the cable from direct use of these biotopes, their covering route are also to be expected. Possible effects by sedimentation of material released during on the benthos depend on the installation me- construction, or potential habitat changes. thods used. With the comparatively gentle instal- Due to the predominant sediment composition, lation using the flushing method, only minor dis- impairments caused by overburdening are likely turbances of the benthos in the area of the cable to be small-scale and temporary, as the released route are to be expected. Local sediment shifts sediment will settle quickly. Permanent habitat and turbidity plumes are to be expected for the changes are limited to the immediate area of duration of laying the submarine cable systems. foundations and crossing structures for cable Due to the predominant sediment composition in crossings. Required cable crossings are secured the North Sea EEZ, most of the sediment relea- with a stone fill which permanently represents a sed will settle directly at the construction site or hard substrate unfamiliar to the site. This provi- in its immediate vicinity. des new habitats for benthic organisms that love hard substrates and can lead to a change in the 68 Non-technical summary species composition. These small-scale habitat cable systems, the fish fauna may be temporarily changes are not expected to have any significant impaired in small areas by sediment turbulence impact on the protected habitat types. In addi- and the formation of turbidity plumes. Due to the tion, the risk of negative impacts on the benthic prevailing sediment and current conditions, the soft soil community by species untypical of the turbidity of the water is expected to decrease ra- area is low, since it is highly likely that the spe- pidly. Based on current knowledge, the impair- cies will be recruited from natural hard substrate ments will therefore remain small-scale and tem- habitats. porary. Overall, small-scale impacts on adult fish can be expected to be minimal. In addition, the Permanent habitat changes are limited to the im- fish fauna is adapted to the natural sediment up- mediate vicinity of foundations and rock fills, heavals caused by storms that are typical for this which are required in the case of cable laying on area. Furthermore, during the construction the seabed and cable crossings. Stone rubble phase, fish may be temporarily frightened away permanently represents a hard substrate that is by noise and vibrations. Noise during the foreign to the site. This provides new habitats for construction phase must be reduced by approp- benthic organisms and can lead to a change in riate measures. Further local impacts on the fish the species composition. These small-scale fauna may be caused by the additional hard sub- areas are not expected to have any significant strates introduced as a result of possible chan- impact on the protected biotope types. In addi- ges in benthos. Sediment warming and magnetic tion, the risk of a negative impact on the benthic fields that could emanate from submarine cables soft soil community by species untypical of the are also not expected to have any lasting effects area is low, since it is highly likely that the spe- on mobile fish fauna. cies will be recruited from natural hard substrate habitats. Marine mammals Fish According to the current state of knowledge, it can be assumed that the German EEZ is used The fish fauna shows a typical species composi- by harbour porpoises for traversing, staying and tion in the areas and areas, converter platforms also as a food and area-specific breeding and sea cable routes. In all areas, the demersal ground. On the basis of the available informa- fish community is dominated by flatfish, which is tion, it can be concluded that the EEZ is of me- typical for the German Bight. According to cur- dium to high importance for harbour porpoises in rent knowledge, the areas and sites do not re- certain areas. The use of the EEZ varies in the present a preferred habitat for any of the protec- various sub-areas. This also applies to harbour ted fish species. As a result, the fish stock in the seals and grey seals. Areas 1, 2 and 3 are of planning area is not ecologically significant in medium to high importance for harbour porpoi- comparison with neighbouring marine areas. Ac- ses (seasonally in spring) and low to medium im- cording to current knowledge, the planned portance for grey seals and harbour seals. Area construction of wind farms and the associated 4 is located in the identified main concentration converter platforms and submarine cable routes area of harbour porpoise in the German Bight is not expected to have a significant impact on during the summer months and is therefore of the protected fish species. The effects on the fish high importance. For harbour seals and grey se- fauna from the construction of the wind farms, als, Area 4 is of medium importance. The areas converter platforms and submarine cable sys- of Area 5 are located in a large area which is tems are limited in space and time. During the used both as a feeding and breeding area for construction phase of the foundations, the con- verter platforms and the laying of the submarine Non-technical summary 69 harbour porpoises - even though the main con- no marine mammals are present in the vicinity of centration area is located within Area I of the na- the pile-driving site. ture reserve "Sylt Outer Reef - Eastern German Current technical developments in the field of re- Bight". In general, it can be assumed that area 5 ducing underwater noise show that the effects of is of great importance for harbour porpoises. For noise input on marine mammals can be signifi- harbour seals and grey seals, Area 5 is of me- cantly reduced by the application of appropriate dium importance. Areas 6 to 11 are of medium measures. In addition, the BMUB noise abate- importance for harbour porpoises. However, ment concept has been in force since 2013. Ac- parts of area 11 and area 13 are intensively used cording to the noise abatement concept, pile dri- by harbour porpoises as a feeding ground in ving activities must be coordinated in such a way summer. They are located in the immediate vi- that sufficiently large areas, especially within the cinity of the contiguous main concentration area protected areas and the main distribution area of of harbour porpoise in the German Bight and are harbour porpoise in the summer months, are therefore of great importance for harbour porpoi- kept free of impacts caused by impact noise. Ac- ses in the summer months. For harbour seals cording to current knowledge, significant effects and grey seals, areas 6 to 13 are of minor im- on marine mammals caused by the operation of portance. This assessment of importance for offshore wind turbines and converter platforms marine mammals remains unchanged even if the can be excluded. plan as amended by the extension of areas N-9, N-10, N12 and N-13 is implemented. The FEP's exclusion of the construction of offs- hore wind turbines and converter platforms in Hazards to marine mammals can be caused by Natura 2000 sites contributes to reducing the risk noise emissions during pile driving of the foun- to harbour porpoises in important feeding and dations of offshore wind turbines and converter breeding areas. platforms. Without the use of noise abatement measures, significant disturbance to marine After implementation of the reduction measures mammals during pile driving could not be to be ordered in the individual procedure to com- excluded. In the specific approval procedure, ply with applicable noise protection values in ac- therefore, the driving of piles of offshore wind tur- cordance with the planning principle, no signifi- bines and converter platforms will only be per- cant adverse effects on marine mammals are mitted if effective noise-reduction measures are currently to be expected from the construction used. For this purpose, the FEP makes a textual and operation of the planned offshore wind turbi- stipulation with the principle of noise reduction. nes and converter platforms. No significant im- pacts on marine mammals are expected from the This states that the installation of the foundations laying and operation of submarine cable sys- must be carried out using effective noise reduc- tems. This impact assessment remains unchan- tion measures to comply with applicable noise ged for marine mammals even if the plan as protection values. In the specific approval proce- amended by the extension of areas N-9, N-10, dure, extensive noise reduction measures and N12 and N-13 is implemented, subject to the pre- monitoring measures are ordered to comply with vention and mitigation measures laid down in the applicable noise protection values (sound event downstream procedures. level (SEL) of 160 dB re 1µPa²s and maximum peak level of 190 dB re 1µPa at a distance of 750 Seabirds and resting birds m around the pile driving or placement site). Ap- The different areas for offshore wind energy in propriate measures must be taken to ensure that the North Sea EEZ are of different importance for sea birds and resting birds. For breeding 70 Non-technical summary birds, the areas have no particular importance the necessary safety. A possible collision risk due to the distance from the coast and the is- from construction vehicles can be classified as lands with breeding colonies as feeding grounds. very low due to the short-term nature of the Protected bird species listed in Annex I of the construction phase. Birds Directive are found in the vicinity of the si- Migratory birds tes in varying densities. All available information indicates that areas N-1, N-2 and N-3 are of me- The North Sea EEZ has an average to above dium importance for seabirds, including species average importance for bird migration. It is ex- listed in Annex I of the Directive. Although area pected that significant proportions of the song- N-4 is of medium importance for most species of birds breeding in northern Europe migrate seabirds and resting birds, loons occur in high across the North Sea. No specific migratory cor- densities in the north-west of the area in spring. ridors can be identified for any migratory bird Because of its location within the main concent- species in the area of the North Sea EEZ, as bird ration area of loons, the N-4 area is of high im- migration is either guideline-oriented and takes portance. Area N-5 has a high concentration of place close to the coast or in an unspecified seabird species, in particular protected species broad-fronted migration across the North Sea. of Annex I of the Directive, such as sturgeon- There are indications that the intensity of migra- sensitive loons. The N-5 area is located in the tion decreases with distance from the coast, but main distribution area of loons in the German this is not clear for the mass of songbirds migra- Bight and is therefore of great importance for se- ting at night. abirds (BMU 2009). The potential impact of the planned areas and The area of the N-6 to N-13 zones is outside the platforms on migratory birds may be that they concentrations of various bird species listed in constitute a barrier or a risk of collision. In the Annex I of the directive, such as loons, terns, clear weather conditions preferred by birds for little gulls and petrels. their migration, the probability of collision with a wind turbine or platform is low. Poor weather Direct disruptions during the construction phase conditions increase the risk. On the basis of cur- due to scare effects are to be expected at most rent knowledge, it is unlikely that there will be a locally and temporarily. Due to the high mobility significant impact on bird migration. It can be as- of the birds, significant effects can be ruled out sumed that any negative effects can be reduced with a high degree of certainty. Wind turbines will by lighting that is as compatible as possible have a permanent disturbing and chasing effect during operation. Potential cumulative effects on species sensitive to disturbance such as red- are dealt with in the chapter on "cumulative throated and black-throated divers. Current fin- effects". dings show a more pronounced avoidance beha- viour of loons towards existing wind farms than During the construction phase, which is limited in was originally anticipated. There are no findings time, no significant impacts on migratory birds on habituation effects to date. are to be expected either from the construction of the planned offshore wind turbines or conver- Due to the exclusionary effect of wind turbines ter platforms or from the laying of the planned and platforms in nature reserves, habitat losses submarine cable systems, according to current in important habitats will be reduced. knowledge. A possible collision risk from The effects of the planned submarine cable sys- construction vehicles can be classified as very tems on sea birds and resting birds due to instal- low due to the short-term nature of the construc- lation, plant and operation can be excluded with tion phase. Non-technical summary 71 bats in a region. Possible impacts on biodiversity are dealt with in the environmental report for the in- Migratory movements of bats across the North dividual protected assets. In summary, accord- Sea are still poorly documented and largely un- ing to current knowledge, the planned expansion explored. There is a lack of concrete information of offshore wind energy and the corresponding on migratory species, migration corridors, migra- grid connections is not expected to have a signi- tion heights and migration concentrations. Previ- ficant impact on biological diversity. ous findings merely confirm that bats, especially long-distance migratory species, fly over the Interactions North Sea. In general, impacts on a protected good lead to Hazards to individual individuals from collisions various consequences and interactions between with wind turbines and platforms cannot be ruled the protected goods. The essential interdepen- out. According to the current state of knowledge, dence of the biotic objects of protection exists via there are no findings on possible significant im- the food chains. Possible interactions during the pairments of the bat migration over the North construction phase result from sediment shifting Sea EEZ. It can also be assumed that any ad- and turbidity plumes, as well as noise emissions. verse effects on bats can be avoided by the However, these interactions occur only very same prevention and mitigation measures used briefly and are limited to a few days or weeks. to protect bird migration. Impacts on bats from Plant-related interactions, e.g. through the intro- the laying and operation of the planned subma- duction of hard substrate, are permanent, but rine cable systems can be excluded with only locally to be expected. This could lead to a certainty. small-scale change in the food supply. Air quality Due to the variability of the habitat, interactions The construction and operation of the platforms can only be described in a very imprecise man- and the laying of submarine cable systems as ner overall. In principle, it can be stated that, ac- part of the implementation of the FEP will have cording to the current state of knowledge, no in- no measurable impact on air quality. teractions are discernible that could result in a threat to the marine environment. Biological diversity Cumulative effects Biological diversity encompasses the diversity of habitats and biotic communities, the diversity of Soil, benthos and biotope types species and genetic diversity within species (Art. A significant proportion of the environmental im- 2 Convention on Biological Diversity, 1992). The pacts caused by the areas and surfaces, plat- public focus is on species diversity. forms and submarine cable systems on the pro- With regard to the current state of biodiversity in tected assets soil, benthos and biotope types will the North Sea, there is ample evidence of chan- occur exclusively during the construction period ges in biodiversity and species composition at all (formation of turbidity plumes, sediment shifting, systematic and trophic levels in the North Sea. etc.) and on a spatially narrowly defined area. These are mainly due to human activities, such Particularly due to the gradual implementation of as fishing and marine pollution, or to climate the construction projects, construction-related change. Red lists of endangered animal and cumulative environmental impacts are unlikely. plant species have an important monitoring and Possible cumulative impacts on the seabed, warning function in this context, as they show the which could also have a direct impact on the status of the populations of species and biotopes benthic material to be protected and on specially 72 Non-technical summary protected biotopes, result from the permanent di- transition system, assuming that no installations rect land use of the foundations of the wind of the dimension of Scenario 2 are yet realised energy plants and platforms and from the cable in the transition system. The calculation of the systems laid. The individual impacts are basi- loss of function due to the in-farm cabling was cally small-scale and local. carried out in accordance with the reported capa- city, assuming a 1 m wide cable trench. On the To estimate direct land use, a rough calculation basis of this conservative estimate, the FEP de- is made on the basis of the areas and sites, plat- finitions, plans within the framework of the tran- forms and submarine cable systems planned in sitional system and the existing systems will re- the RDP in conjunction with existing installations quire approx. 315 ha of space for the areas and and planning under the transitional system. The sites or, in the case of the park internal cabling, calculated land use is based on ecological as- will be temporarily impaired. pects, i.e. the calculation is based on the direct ecological loss of function or the possible struc- On the basis of a model assumption, the plan- tural change in the area caused by the installa- ning of the FEP and the transitional system, as tion of the foundations and cable systems. In the well as the actual stock of wind turbines, subma- area of the cable trench, however, the impact on rine cables, rockfill and platforms, occupy or, in sediment and benthic organisms will be essenti- the case of submarine cables, temporarily impair ally temporary. In the case of the crossing of par- a total area of approx. 686 ha, which corres- ticularly sensitive biotope types such as reefs or ponds to approx. 0.25‰ of the total EEZ area. species-rich gravel, coarse sand and schill beds, The nature reserves account for a total area of permanent impairment would have to be assu- around 27% of the North Sea EEZ. As the med. construction of wind energy plants and converter platforms in nature reserves is generally not per- According to a model assumption, there is a mitted, the spatial use of the protected areas is mostly temporary loss of function on an area of limited to submarine cable routes and crossing about 335 ha due to existing cables, cables in structures and the exceptional case of Buten- the transition system and the submarine cable diek. No statement can be made on the use of systems provided for in the FEP. The calculation specially protected biotopes under Article 30 is based on the assumption of a cable trench of BNatSchG due to the lack of a reliable scientific 1 m width. To this must be added the necessary basis. A detailed, comprehensive sediment and crossing structures. Based on an area of approx. biotope mapping of the EEZs currently being car- 900 m² per crossing structure, the direct land use ried out will provide a more reliable basis for fu- of approx. 400 crossing structures amounts to a ture assessments. total of approx. 36 ha. In addition, there is a total of 0.96 ha of land taken up by 16 converter plat- In addition to the direct use of the seabed and forms with associated scour protection (600 m² thus of the habitat of the organisms that have per platform). The FEP definitions in the areas settled there, the foundations and crossing struc- were based on a conservative estimate of the tures lead to an additional supply of hard sub- parameters of scenario 2 of the model wind farm strate. The hard substrate introduced also me- (number of turbines calculated according to the ans that the benthic fauna adapted to soft soils stated output, diameter of the foundation and di- loses habitat. However, since both the grid infra- ameter of any scour protection required, number structure and the wind farms will use up the area of platforms). In contrast, the model wind farm ‰, no significant impairments are to be expected parameters of Scenario 1 were used for the cal- in the cumulative area, even in the cumulation, culation of land use within the framework of the Non-technical summary 73 which would endanger the marine environment species in sub-area II of the nature reserve "Sylt in terms of the seabed and benthos. Outer Reef - Eastern German Bight" and species for which avoidance behaviour towards struc- Marine mammals tures has already been established must be Cumulative effects on marine mammals, in par- considered with regard to cumulative effects. ticular harbour porpoises, may occur mainly due When assessing the cumulative effects of the re- to noise exposure during pile driving of the foun- alisation of offshore wind farms, special attention dations. For example, these assets could be sig- must be paid to the group of loons, with the end- nificantly affected by the fact that, if pile-driving angered and at the same time disturbance-sen- takes place simultaneously at different locations sitive species of red-throated and black-throated within the EEZ, there may not be sufficient space divers. GARTHE & HÜPPOP (2004) certify that di- to evade and retreat. So far, there is a lack of vers are very sensitive to structures. For the sufficient experience regarding the temporal and consideration of cumulative effects, both neigh- spatial overlap in the propagation of ramming bouring wind farms and those located in the noise. same coherent functional spatial unit defined by Cumulative effects of the FEP on the population physically and biologically significant charac- of harbour porpoise are considered in ac- teristics for a species should be taken into ac- cordance with the requirements of the BMUB's count. In addition to the structures themselves, 2013 noise abatement concept. Pile driving acti- impacts from shipping traffic (including for the vities that have the potential to cause distur- operation and maintenance of cables and plat- bances due to noise inputs in the main concent- forms) must also be taken into account. Recent ration area of harbour porpoise during the sensi- findings from studies confirm the scare effect on tive season are coordinated in such a way that divers caused by ships. Star divers and black- the proportion of the affected area remains be- throated divers are among the most sensitive low 1% at all times. bird species in the German North Sea to ship- It is also clear from the FEP's presentations that ping traffic (MENDEL et al. 2019, FLIESSBACH et the grid connection systems and the individual al. 2019, BURGER et al. 2019). offshore wind farms will be built gradually, i.e. in Until 2007, the assessment of cumulative effects stages, over the coming years, rather than simul- on divers caused by offshore wind farms was taneously. carried out in BSH's approval practice on the ba- Seabirds and resting birds sis of quantitative criteria and taking into account the state of knowledge at the time. In order to Effects are considered site- and project-specifi- assess the significance of this quantitatively as- cally in the environmental impact assessment sumed effect and to be able to answer the ques- and are monitored in the subsequent monitoring tion of the existence of the reason for the failure of the construction and operation phase of offs- to protect the marine environment, population bi- hore wind farm projects. For resting birds, habitat ological limit values and a suitable relevant refe- loss due to cumulative effects of several struc- rence value for such a limit value were defined. tures or offshore wind farms can be particularly In the literature, it has been suggested for birds significant. that an intervention should be considered inad- In order to assess the significance of cumulative missible if 1% of the biogeographical population effects on seabirds, any effects must be asses- is affected by habitat loss. Reference is made to sed on a species-specific basis. In particular, criteria of the 1971 Ramsar Convention on the species listed in Annex I of the Birds Directive, 74 Non-technical summary Evaluation of Waterbird Resting Areas, accord- wind farm "Horns Rev I" in 2006 provided an op- ing to which a resting area is of international im- portunity to review the assessment of cumulative portance if it hosts 1% of the biogeographical po- effects in the light of the new findings. The inves- pulation of a waterbird species at least once a tigations showed that avoidance effects on loons year (DIERSCHKE et al. 2003). up to 4 km from the wind farm were detectable and significant (PETERSEN et al.2006). This 1% criterion can also be found in the classi- fication of Important Bird Areas (IBA). An area is The extensive data base from German marine called IBA by Birdlife International if it contains areas, consisting of environmental impact stu- more than 1% of the biogeographical population dies, research and monitoring, which was al- (HEATH AND EVANS 2000). However, this 1% ready available in 2007, and the findings from threshold value of the Ramsar Convention can- the Danish wind farm were evaluated in a scien- not be derived from population biology when it tific study. On the basis of the new findings of this comes to assessing the significance of interven- study, it was possible to identify and delimit a tions or disturbances (DIERSCHKE et al. 2003). main concentration area for loons in the German Since the Ramsar Convention uses the 1% cri- North Sea EEZ. terion to assess the significance of a wetland, it The main concentration area takes into account does not appear to be technically and scientifi- the period of particular importance for the spe- cally justifiable to apply this criterion to the as- cies, spring. On the basis of the data available at sessment of an intervention, due to the very dif- the time the main concentration area was defi- ferent intentions. ned in 2009, the main concentration area was Nevertheless, in approval practice until 2007, the home to around 66% of the German North Sea 1% criterion was considered at least suitable for loon population and around 83% of the EEZ po- approaching the quantification of an intervention pulation in spring and is therefore, among other in the absence of other reliable criteria. In order things, of particular importance in terms of popu- to take into account the ecological and functional lation biology (BMU 2009) and an important importance of the German EEZ for loons, the so- functional component of the marine environment called Northwest European Winter Resting Po- with regard to sea birds and resting birds. pulation (NW European Winter Resting Popula- Against the background of current stock assess- tion) was established in consultation with the Fe- ments, the importance of the main concentration deral Agency for Nature Conservation and ex- area for loons in the German North Sea and perts as the relevant reference population for as- within the EEZ has further increased (SCHWEM- sessing cumulative effects on divers. The size of MER et al. 2019). The delineation of the main this population is 110,000 individuals (LEOPOLD concentration area for loons is based on the data et al. 1995, SKOV et al. 1995). Applied to the NW situation, which is considered to be very good, European winter resting population, 1% of this and on expert analyses that have gained broad population corresponds to 1,100 individuals. scientific acceptance. The area includes all areas of very high and the majority of areas with Until 2007, the addition of the number of loons a high density of loons in the German Bight. The affected in the context of the calculation of cu- definition of the main concentration area of loons mulative effects also took into account the area in the German North Sea EEZ as part of BMU's of a project area including a 2 km fence distance. position paper (2009) is an important measure to However, the publication of the results from the ensure species protection of the sturgeon-sensi- operational monitoring of the Danish offshore tive species red-throated and black-throated di- ver. The BMU decreed that in future licensing Non-technical summary 75 procedures for offshore wind farms, the main comprehensively and jointly evaluate the exten- concentration area should be used as a bench- sive data basis from the operational monitoring mark for the cumulative assessment of diver ha- of offshore wind farms and from research and bitat loss. monitoring of Natura 2000 sites. The overall ob- jective of the contract was to assess the cumula- Since 2009, the BSH has carried out the qualita- tive effects of the operation of the offshore wind tive assessment of cumulative effects on loons farms on the occurrence of loons. Interim results within the framework of licensing procedures, u- of this study by FTZ were presented at the BSH's sing the main concentration area in accordance Marine Environment Symposium 2018. The eva- with the BMU position paper (2009). luations have since been published (GARTHE et In the years 2010 to 2013 inclusive, a number of al. 2018, SCHWEMMER et al. 2019). The cumula- approved offshore wind farm projects carried out tive consideration of the avoidance behaviour of the third year of the baseline survey as part of loons compared to offshore wind farms resulted the implementation process. The Federal in a calculated complete habitat loss of 5.5 km Agency for Nature Conservation (BfN) and the and a statistically significant decrease in a- Federal Maritime and Hydrographic Agency bundance up to a distance of 10 km, starting (BSH) took the completion of the baseline sur- from the periphery of a wind farm (GARTHE et al. veys as an opportunity to jointly commission a 2018). The statistically significant decrease in a- study to evaluate the findings on the main con- bundance is not a total avoidance but a partial centration area, taking into account all data avoidance with increasing densities of loons up available at that time on the occurrence of loons to a distance of 10 km from a wind farm. The cal- in the German Bight prior to the start of construc- culated total habitat loss of 5.5 km is used to tion and operation of offshore wind farms in the quantify the habitat loss in analogy to the former German EEZ. The results of the study confirmed shunning distance of 2 km. It is based on the pu- the importance and delimitation of the main con- rely statistical assumption that there are no loons centration area of loons in spring (GARTHE et al. within 5.5 km of an offshore wind farm. A further 2015). cross-project study on the occurrence and distri- The current results from the operational monito- bution of, and effects of offshore wind farm pro- ring of offshore wind farms and from research jects on loons in the German North Sea commis- projects, some of which used investigation me- sioned by the BWO provided comparable results thods independent of the standardised monito- for all wind farm projects realised, with a signifi- ring according to the Standard Investigation cant avoided distance of 10 km and a calculated Concept (StUK) (e.g. telemetry study within the total habitat loss of approx. 5 km. The results framework of the DIVER project), unanimously from GARTHE et al. (2018) regarding the show that the avoidance behaviour of loons to- avoidance behaviour of loons are thus confirmed wards offshore wind farms is far more pro- by an independent study (BIOCONSULT SH et al. nounced than had been anticipated in the origi- 2020). nal approval decisions of the wind farm projects The current state of knowledge from the above- (cf. Chapter 4.6.) mentioned study by FTZ on behalf of BfN and As a result, the Federal Agency for Nature Con- BSH will from now on be taken into account in servation and the Federal Maritime and Hydro- sectoral planning as well as in BSH decisions. graphic Agency again commissioned a study as The definition of suitable measures will be exa- part of ongoing research projects in order to mined in cooperation with the nature conserva- tion authority. 76 Non-technical summary Against this background, based on the calcula- in the range of the mean observed in previous ted total habitat loss of 5.5 km, the wind farm pro- years (BIOCONSULT SH et al. 2020). jects already implemented and taken into ac- Both studies confirm the overall high and special count in the position paper mean that approx. functional importance of the main concentration 19% of the 7,036 km2 main concentration area area as a habitat for loons in the German North is no longer available for loons due to avoidance Sea (SCHWEMMER et al. 2019, BIOCONSULT SH behaviour. Based on the assumptions made in et al. 2020). This is particularly true against the the position paper (BMU 2009) of a 2 km shun- background of the pronounced avoidance beha- ning distance, a 9 % loss of area in the main con- viour and associated habitat loss. centration area was anticipated. This means that even at this stage the area impairment in this im- The main concentration area represents a parti- portant habitat is greater than originally assu- cularly important component of the marine en- med. vironment in terms of seabirds and resting birds, in particular the group of loons. Taking into ac- In summary, the results of the monitoring and re- count the new findings, further cumulative search projects show that the avoidance behavi- effects on the stock of loons can be expected our of loons towards offshore wind farms is much from the implementation of further wind farm pro- more pronounced than previously assumed. A jects in the main concentration area. This alone stock calculation for the main concentration area - irrespective of the question of admissibility un- within the scope of the FTZ's sea diver study der species protection law - constitutes a threat commissioned by BfN and BSH showed an in- to the marine environment pursuant to Article 5 crease in the red-throated diver population for para 3 WindSeeG. For this reason, the designa- the period 2002 to 2012, which has remained at tion of the area N-5.4 is still not permissible, also a relatively constant high level since 2012. How- against the background of another study now ever, a decrease in the red-throated diver popu- available on loons in the German North Sea. lation has been observed for the entire German Areas N-5 and N-4 remain under review for sub- North Sea, whose sub-areas have different local sequent use (see Chapter 8.4 and 8.5 of the draft significance as a habitat for loons, since 2012 FEP). The detailed assessment and justification (observation period until 2017) (SCHWEMMER et is explained in Chapter 5.2 of the environmental al. 2019). The study commissioned by the BWO report. yields qualitatively and quantitatively compa- rable population figures and population trends Migratory birds for the main concentration area and the German A potential hazard for migratory birds results on North Sea. Differences can be attributed to diffe- the one hand from the risk of collision with the rent methods of stock calculation and modified individual offshore wind turbines and platforms, categorisation bases. It is assumed that the data and on the other hand from adverse effects on basis has a greater influence (BIOCONSULT SH the fitness of the animals due to forced changes et al. 2020). Moreover, at the time of the evalua- in flight paths. tions by BIOCONSULT SH et al. (2020), data from the 2018 study year were already available, Under normal migratory conditions favoured by which meant that an additional year could be ta- migratory bird species, no evidence has been ken into account in this study. For the red- found so far for any species that the birds typi- throated diver population in the German North cally migrate in the danger zone of the installati- Sea, there were indications of an increase in the ons and/or do not recognise and avoid these population in that year, and in the main concent- obstacles. Under the clear weather conditions ration area there were indications of a fluctuation Non-technical summary 77 preferred by birds for their migration, the proba- which are not yet suitable to satisfactorily safe- bility of collision with wind turbines or converter guard the basis for the protected asset. Gaps in platforms is therefore very low. knowledge exist in particular with regard to spe- cies-specific migration behaviour. Despite exten- A potential hazard situation is caused by unex- sive research activities, it has not yet been pos- pectedly occurring fog and rain, which leads to sible to close these gaps. poor visibility and low flight altitudes. The coin- cidence of bad weather conditions with so-called Due to the gaps in knowledge mentioned above, mass migration events is particularly problema- a final cumulative consideration of all offshore tic. The risk of collision for birds migrating during wind farms to be considered, including all desig- the day and seabirds is generally considered to nated areas as well as further offshore wind be low. They orient themselves visually and are farms outside the German EEZs, is not possible usually able to land on water. The risk of bird at this stage. strikes could therefore be more likely to occur Transboundary effects with songbird populations that migrate at night and are rich in individuals. The SEA concludes that, as things stand at present, the provisions of the FEP do not have a In order to avoid or minimise the risk, the instal- significant impact on the areas of neighbouring lations shall be designed in such a way that light countries bordering the German North Sea EEZ. emissions are avoided as far as possible during construction and operation, unless such emissi- Significant transboundary impacts can generally ons are required and unavoidable by safety re- be ruled out for the following assets to be protec- quirements of shipping and air traffic as well as ted: soil, water, plankton, benthos, biotope ty- occupational safety. pes, landscape, cultural heritage and other ma- terial goods, and the human being and human Cumulative effects of offshore wind farms in the health. Possible significant transboundary im- areas and zones planned in the FEP and of con- pacts could only arise if all planned wind farm verter platforms could, in addition to the risk of projects in the area of the German North Sea for bird strikes, also lead to an extension of the mig- the highly mobile objects of protection - fish, ma- ratory route for migrating birds. A possible barrier rine mammals, sea birds and resting birds, mig- effect could divert the migratory path and thus ratory birds and bats - are considered cumula- extend it. It is known that wind farms are avoided tively. by birds, i.e. they are flown around or over hori- zontally. With regard to fish as a protected asset, the SEA comes to the conclusion that, according to the On the basis of the available information on the current state of knowledge, no significant trans- migratory behaviour of the various bird species, boundary impacts on the protected asset are to the usual flight altitudes and the distribution of be expected as a result of the implementation of bird migration over the day, the implementation the FEP, since on the one hand the areas for of the FEP is unlikely to pose a threat to bird mig- which the FEP makes stipulations do not have a ration according to the current state of know- prominent function for the fish fauna and on the ledge. At this stage, a possible bypassing of the other hand the recognisable and predictable projects is not expected to have a significant ne- effects are of a small-scale and temporary na- gative effect on the further development of the ture. Based on current knowledge and taking into populations. It should be noted that, according to account impact-minimizing and damage-limiting the current state of science and technology, this measures, significant transboundary impacts forecast is made on the basis of assumptions can also be ruled out for the protected marine 78 Non-technical summary mammal species. For example, the installation of In order to exclude a significant species protec- the foundations of wind turbines and converter tion-related disturbance within the meaning of platforms is only permitted in the specific li- §44 para. 1 No. 2 BNatSchG, the area N-5.4, censing procedure if effective noise reduction which is currently being examined in the (preli- measures are implemented (cf. 4.4.1.7 FEP). minary) drafts of FEP 2019, remains excluded With regard to the protection of seabirds and from further planning for offshore wind energy resting birds, the Danish bird sanctuary "Sydlige plants on the basis of the results of the assess- Nordsø", which is directly adjacent to the Ger- ment of the cumulative adverse impacts on the man EEZ to the north and also has a high occur- conservation status of the local population of rence of loons, must be taken into account when loons (see Chapter 8.4 and 8.5 of the FEP draft). considering possible significant transboundary Areas N-4 and N-5 are being examined for sub- impacts. The non-designation of area N-5.4 sequent use. counteracts a possible impairment of the Danish Impact assessment bird sanctuary, including the presence of loons there. Under the present SEA, the areas, sites, plat- forms and submarine cable routes planned in the For migratory birds, the wind turbines and plat- FEP will be subject to a separate assessment of forms erected on the FEP sites may constitute a their compatibility with the conservation purpo- barrier or a risk of collision. However, as the plat- ses of the nature reserves. forms are individual structures in the immediate vicinity of offshore wind farms, platforms alone The German North Sea EEZ contains the nature are not expected to significantly disturb the mig- reserves "Sylter Außenriff - Östliche Deutsche ration of birds. When considering the collision Bucht", "Borkum Riffgrund" and "Doggerbank", risk posed by wind turbines, the existing develo- which were established by decree on 22 Sep- pment of some areas in connection with future tember 2017. Compatibility in accordance with development with new types of larger turbines the BNatSchG must be examined in line with the must be taken into account. The collision risk assessment previously carried out for the FFH must therefore be assessed differently for each areas. The nature conservation areas in the EEZ specific area. However, a final cumulative had previously been included under European consideration of the effects on bird migration, in- law as FFH areas in the first updated list of sites cluding all offshore wind farms to be considered, of Community importance in the Atlantic biogeo- is not possible at the present time due to a lack graphical region pursuant to Article 4 (2) of the of information on the actual collision risk. Habitats Directive (Official Journal of the EU, 15.01.2008, L 12/1) by a decision of the Euro- Species protection law examination pean Commission of 12.11.2007, so that an FFH The environmental report also contains an exa- impact assessment has already been carried out mination under species protection law in ac- under the BFO. cordance with Article 44 (1) of the Federal Na- §§ Sections 34 and 36 of the Federal Nature ture Conservation Act. On the more abstract le- Conservation Act (BNatSchG) stipulate that vel of sectoral planning, this comes to the con- plans or projects which, individually or in con- clusion that, according to the current state of junction with other plans or projects, may signifi- knowledge, the offshore wind farms, platforms cantly affect a Habitats and EU Bird Protection and submarine cable routes planned in the FEP Area and which do not directly serve the ma- will not have any significant negative impacts on nagement of the area, must be assessed for their the species protection-related prohibitions under species protection law. Non-technical summary 79 compatibility with the protection and conserva- of the conservation objectives of the nature con- tion objectives of a Natura 2000 site. This also servation areas can be ruled out with the neces- applies to projects outside the site which, either sary certainty by implementing the ordered noise individually or in combination with other projects protection measures. or plans, are likely to significantly affect the site's The FEP lays down various measures to protect conservation objectives. With the designation of loons. In addition to the preventive measure of the nature conservation areas, this assessment BMU (2009) by restricting offshore wind energy now relates to the conservation purpose of these within the main concentration area of loons, the sites. FEP provides for an avoidance measure by The protected areas as a whole are the LRT excluding the area N-5.4 designated in the (pre- "reefs" and "sandbanks" listed in Annex I of the liminary) drafts of FEP 2019. The exclusion of Habitats Directive, certain fish species and ma- the offshore wind farm "Butendiek" for a possible rine mammals listed in Annex II of the Habitats subsequent use also constitutes a significant mi- Directive (river lamprey, feint, harbour porpoise, tigation measure, which is a direct consequence grey seal and common seal) and various bird of objective 3.5.1. (3) of the North Sea EEZ ROV. species listed in Annex I of the Birds Directive According to this, the realisation of offshore wind (red-throated diver), Black-throated Diver, Little farms in Natura 2000 areas is prohibited, except Gull, Sandwich Tern, Common Tern, Arctic Tern, in the cases mentioned in the objective. Finally, Northern Fulmar, Northern Gannet, Black Sco- the requirement to examine the possible subse- ter, Skua, Pomarine Gull, Common Gull, Black- quent use of areas N-4 and N-5 is a further mo- backed Gull, Herring Gull, Kittiwake, Common nitoring measure. Guillemot, Razorbill). Species listed in Annex IV Taking into account the measures included in the of the Habitats Directive, such as the harbour FEP, which ensure the protection of the loons in- porpoise, must be strictly protected everywhere, side but also outside the nature reserve "Sylt Ou- including outside the established protected ter Reef - Eastern German Bight", a significant areas. impairment of the conservation objectives can Within the framework of the FEP, individual be ruled out with the necessary certainty. areas and sites, platforms, submarine cable rou- Assessment of the compatibility of the planned tes and border corridors are planned in or in the areas, sites and platforms immediate vicinity of the nature reserves "Borkum Riffgrund" and "Sylt Outer Reef - Eas- The impact assessment comes to the conclusion tern German Bight". Two planned cross-border that, according to current knowledge, a signifi- submarine cable systems cross the "Dog- cant impairment of the conservation objectives gerbank" nature reserve. with regard to protected species by the erection and operation of offshore wind turbines and The impact assessment also takes into account transformer and converter platforms within the the remote effects of the provisions adopted areas and sites defined in the FEP can be ruled within the EEZ on the protected areas in the ad- out, taking into account strict impact-minimising jacent 12-mile zone and in the adjacent waters measures and applying the requirements of the of neighbouring countries. noise protection concept of the BMU (2013). For The assessment of the FEP's compatibility with this purpose, the FEP makes textual specifica- regard to the strictly protected species of harbour tions, especially with regard to noise reduction. porpoise has shown that, according to the cur- A detailed impact assessment is the responsibi- rent state of knowledge, a significant impairment lity of the individual approval procedure. 80 Non-technical summary Assessment of the compatibility of the planned the route will be adjusted accordingly within the cable routes and border corridors framework of the FEP update. Possible effects of submarine cables are usually In order to avoid the impairment of FFH-LRT, an limited to the laying phase and are therefore li- alternative assessment has been carried out for mited in time and space. Impacts on nature con- all routes which use nature conservation areas servation areas in their components relevant to and for which bypassing the protected area is the conservation objectives or the protection pur- possible and appropriate in the light of the prin- pose are only to be expected if the cable routes ciple of proportionality. run through a protected area or in the immediate According to current knowledge, significant im- vicinity thereof; according to the current state of pairment of the FFH-LRT "reefs" and "sand- knowledge, no remote effects are to be assu- banks with only weak permanent inundation by med. For this reason, only cable routes that seawater" can be ruled out even if the plan and cross nature conservation areas or run in the im- existing projects for the nature conservation mediate vicinity, e.g. directly parallel to the edge areas under review are considered cumulatively. of protected areas, will be taken into account for the impact assessment following a detailed pre- measures to prevent, reduce and offset sig- liminary assessment. nificant negative impacts of the land-use plan on the marine environment In particular, the small size of the area and the short duration of the relocation mean that any In accordance with the requirements of the SEA significant impact on the conservation objectives Directive, the measures planned to prevent, re- for protected marine mammal and bird species duce and as far as possible offset significant ne- can be excluded. gative environmental impacts resulting from the implementation of the FEP are presented. Occurrences of the FFH-LRT "reefs" and "sand- banks" or other biotopes protected under Article In principle, the FEP's provisions will avoid ne- 30 may occur along individual routes. If the oc- gative impacts on the development of the en- currence of particularly sensitive biotopes is vironmental status of the North Sea EEZ. In the identified in the course of the preliminary site in- event of non-implementation of the plan, the u- vestigations or in the specific approval proce- ses would develop without the FEP's steering dure, efforts should be made to bypass these bi- and coordinating effect, which would save space otopes. Experience from the implemented pro- and resources. jects "NordLink", "AC-Anbindung Butendiek" or Specifically, the FEP lays down spatial and tex- "SylWin1 and SylWin alpha" shows that small- tual specifications which, in accordance with the scale bypassing of e.g. reef occurrences within environmental protection objectives set out in the framework of fine routing in the individual ap- Chapter Fehler! Verweisquelle konnte nicht proval procedure is possible at least in places. gefunden werden.of the environmental report, If bypassing sensitive FFH-LRT does not appear serve to avoid or reduce significant negative im- possible, considerable impairment of these bio- pacts of the implementation of the FEP on the topes cannot be ruled out at present. On the ba- marine environment. This mainly concerns tex- sis of available data from the route surveys, it tual specifications on space-saving planning, on must be examined in the specific individual pro- avoiding the use of protected areas and legally cedure whether there is significant impairment. If protected biotopes pursuant to Article 30 of the new findings from route surveys are available, Federal Nature Conservation Act, on noise re- duction, on compliance with the 2C criterion, on the dismantling of structures, and on the Non-technical summary 81 consideration of best environmental practice and In addition to the zero alternative, this environ- the respective state of the art. mental report examines in particular spatial and technical alternatives. Reduction and avoidance measures are spe- cified and ordered by the competent licensing Measures planned to monitor the environ- authority at project level for the planning, mental impact of implementing the site deve- construction and operation phases. With regard lopment plan to the planned areas for wind energy plants and The potential significant impacts on the environ- platforms and other energy generation areas, ment resulting from the implementation of the this concerns in particular noise reduction and FEP must be monitored in accordance with Ar- noise prevention measures as well as environ- ticle 45 (1) UVPG. This is intended to enable un- mentally compatible lighting during the operation foreseen negative impacts to be identified at an of the structures. Measures to avoid and reduce early stage and suitable remedial measures to the possible effects of submarine cable systems be taken. The monitoring also serves to verify must be taken into account in the route planning the gaps in knowledge or the forecasts with and technical design. In order to avoid significant uncertainties as presented in the environmental negative effects of cable heating on benthos, the report. According to Article 45 para. 4 UVPG, the FEP contains a planning principle for sediment results of the monitoring are to be taken into ac- heating. count in the updating of the FEP. The actual mo- Alternative testing nitoring of potential impacts on the marine en- vironment can only begin once the uses regula- In accordance with Art. 5 para. 1 sentence 1 of ted under the plan have been realised. There- the SEA Directive in conjunction with the criteria fore, project-related monitoring of the impacts of in Annex I of the SEA Directive and Art. 40 para. offshore wind farms, platforms and submarine 2 no. 8 UVPG, the environmental report contains cable systems is of particular importance. The a brief description of the reasons for the choice main task of monitoring is to bring together and of the reasonable alternatives examined. At the evaluate the findings of the various monitoring plan level, the conceptual/strategic design, spa- results at project level. In addition, existing nati- tial and technical alternatives play a major role. onal and international monitoring programmes In principle, it should be noted that all specifica- must be taken into account, also to avoid dupli- tions in the form of standardised technology and cation of work. planning principles already involve a preliminary The investigation of the potential environmental examination of possible and conceivable alter- impacts of areas and sites for offshore wind natives. As can be seen from the justification of energy or of platforms has to be carried out at the individual planning principles, in particular project level in accordance with the standard those relating to the environment - e.g. route de- "Untersuchung von Auswirkungen von Offshore- sign that is as bundled as possible, implementa- Windenergieanlagen (StUK4)" (Investigation of tion with as few intersections as possible - the the impacts of offshore wind energy plants) and respective principle is already based on a in coordination with the BSH. Monitoring during weighing up of possible public interests and legal the construction of foundations by means of pile positions affected, so that a "preliminary exami- driving includes measurements of underwater nation" of possible alternatives has already been noise and acoustic recordings of the impact of carried out. pile driving on marine mammals using POD measuring instruments. In addition, additional monitoring measures are planned to record the 82 Non-technical summary effects of the stratification of the water under and biotope types during the baseline survey certain hydrographic conditions on the propaga- and the operational phase. Identified suspected tion of impact noise in the Baltic Sea and to be areas of biotope types protected under Article 30 able to take further measures if necessary. of the Federal Nature Conservation Act (BNatSchG) must also be investigated in ac- The BSH is carrying out a whole series of pro- cordance with the current mapping instructions jects as part of the accompanying research into of the Federal Agency for Nature Conservation the possible effects of offshore wind turbines on (BfN). After the cable system has been laid, its the marine environment. These include the AN- location must be checked by operational monito- KER project "Approaches to cost reduction in the ring measures. One year after commissioning of collection of monitoring data for offshore wind the submarine cable systems, investigations of farms", the R&D study BeMo "Evaluation ap- the benthic biocoenoses must be carried out on proaches for underwater noise monitoring in the same transects as in the baseline survey. connection with offshore licensing procedures, regional planning and MSRL" and various sub- The pooling of information creates an increasin- projects within the R&D network NavES "Nature- gly solid basis for impact forecasting. The rese- compatible developments at sea". The results of arch projects serve the continuous further deve- the BSH's current projects will be directly incor- lopment of a uniform, quality-assured basis of porated into the further development of stan- marine environmental information for the asses- dards and norms, such as the development of sment of possible impacts of offshore installati- the StUK5. ons and form an important basis for updating the FEP. 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Draft environmental report for the draft Site Development Plan 2020 for the German Baltic Sea Exclusive Economic Zone Hamburg, 4 September 2020 Content I Content 1 Introduction 1 1.1 Legal basis and tasks of the environmental assessment 1 1.2 Brief description of the content and most important objectives of the Site Development Plan 1 1.3 Relationship to other relevant plans, programmes and projects 1 1.4 Presentation and consideration of environmental protection objectives 5 1.4.1 International conventions on the protection of the marine environment 5 1.4.2 Environmental and nature conservation requirements at EU level 6 1.4.3 Environmental and nature conservation requirements at national level 6 1.4.4 The Federal Government's energy and climate conservation aims 7 1.5 Strategic Environmental Assessment methodology 8 1.5.1 Introduction 8 1.5.2 Area of investigation 8 1.5.3 Implementation of the environmental assessment 10 1.5.4 Criteria for status description and status assessment 12 1.5.5 Specific assumptions for the assessment of likely significant environmental impacts 16 1.5.6 Cumulative consideration 18 1.5.7 Interactions 18 1.5.8 Specific assumptions for the assessment of likely significant environmental impacts 19 1.6 Data sources and indications of difficulties in compiling the documents 22 1.6.1 Overview of data source 23 1.6.2 Indications of difficulties in compiling the documents 24 2 Description and assessment of state of the environment 27 2.1 Introduction 27 2.2 Soil/Area 27 2.2.1 Object of protection soil/area 27 2.2.2 Data availability 27 2.2.3 Geomorphology 27 II Content 2.2.4 Sediment distribution on the seabed 27 2.2.5 Geological structure of the near-surface subsoil 27 2.2.6 Distribution of pollutants in the sediment 27 2.2.7 Status assessment 27 2.3 Water 27 2.3.1 Currents 27 2.3.2 Swell and water level fluctuations 27 2.3.3 Surface temperature and temperature stratification 27 2.3.4 Surface salinity and salinity stratification 27 2.3.5 Ice conditions 27 2.3.6 Suspended matter and turbidity 27 2.3.7 Status assessment with regard to nutrient and pollutant distribution 27 2.4 Plankton 27 2.4.1 Data availability and monitoring programmes 27 2.4.2 Spatial distribution and temporal variability of phytoplankton 28 2.4.3 Spatial distribution and temporal variability of zooplankton 28 2.4.4 Status assessment of plankton 28 2.5 Biotopes 28 2.5.1 Data availability 28 2.5.2 Biotopes in the German Baltic Sea 28 2.5.3 Legally protected marine biotopes according to section 30 of the Federal Nature Conservation Act and FFH habitat types 28 2.5.4 Status assessment 28 2.6 Benthos 28 2.6.1 Data availability 28 2.6.2 Spatial distribution and temporal variability 28 2.6.3 Status assessment of the factor Benthos 28 2.7 Fish 28 2.7.1 Data availability 28 2.7.2 Spatial distribution and temporal variability 28 2.7.3 Status assessment of the factor Fish 28 2.8 Marine mammals 28 Content III 2.8.1 Data availability 28 2.8.2 Spatial distribution and temporal variability 28 2.8.3 Status assessment of the factor Marine mammals 28 2.9 Seabirds and resting birds 29 2.9.1 Data availability 29 2.9.2 Spatial distribution and temporal variability 29 2.9.3 Status assessment of seabirds and resting birds 29 2.10 Migratory birds 29 2.10.1 Data availability 29 2.10.2 Spatial distribution and temporal variability of migratory birds 29 2.10.3 Status assessment of the factor Migratory birds 29 2.11 Bats and bat migration 30 2.11.1 Data availability 30 2.11.2 Migration and migratory movements of bats over the Baltic Sea 30 2.11.3 Conservation status of potentially migratory bat species in countries adjacent to the Baltic Sea 30 2.11.4 Hazards to bats 30 2.12 Biodiversity 30 2.13 Air 30 2.14 Climate 30 2.15 Landscape 30 2.16 Cultural heritage and material assets 30 2.17 Human beings, including human health 30 2.18 Interrelationships between the factors 30 3 Expected development in the event of non-implementation of the plan 31 3.1 Soil/Area 32 3.2 Water 32 3.3 Plankton 33 3.4 Biotopes 33 3.5 Benthos 33 3.6 Fish 33 IV Content 3.7 Marine mammals 33 3.8 Seabirds and resting birds 33 3.9 Migratory birds 33 3.10 Bats and bat migration 33 3.11 Biodiversity 33 3.12 Air 33 3.13 Climate 33 3.14 Landscape 33 3.15 Cultural heritage and material assets 33 3.16 Human beings, including human health 33 3.17 Interrelationships between the factors 33 4 Description and assessment of the likely significant effects of the implementation of the Site Development Plan on the marine environment 34 4.1 Soil/Areas 34 4.1.1 Areas, sites and platforms 34 4.1.2 Subsea cable systems 34 4.2 Benthos 34 4.2.1 Areas and sites 34 4.2.2 Platforms 34 4.2.3 Subsea cable systems 35 4.3 Biotopes 35 4.3.1 Areas and sites 35 4.3.2 Platforms 35 4.3.3 Subsea cable systems 35 4.4 Fish 35 4.4.1 Areas and sites 35 4.4.2 Platforms 35 4.4.3 Subsea cable systems 35 4.5 Marine mammals 35 4.5.1 Areas, sites and platforms 35 4.5.2 Subsea cable systems 35 Content V 4.6 Seabirds and resting birds 35 4.6.1 Areas and sites 35 4.6.2 Platforms 35 4.6.3 Subsea cable systems 35 4.7 Migratory birds 35 4.7.1 Areas and sites 35 4.7.2 Platforms 35 4.7.3 Subsea cable systems 35 4.8 Bats and bat migration 35 4.8.1 Areas and sites 35 4.8.2 Platforms 35 4.8.3 Subsea cable systems 35 4.9 Climate 35 4.10 Landscape 35 4.10.1 Areas and sites 35 4.10.2 Platforms 35 4.11 Interrelationships 35 4.12 Cumulative effects 35 4.12.1 Soil/Area, benthos and biotopes 35 4.12.2 Fish 35 4.12.3 Marine mammals 35 4.12.4 Seabirds and resting birds 35 4.12.5 Migratory birds 35 4.13 Transboundary impacts 35 5 Assessment of wildlife conservation regulations 37 5.1 Marine mammals 37 5.1.1 Section 44 subsection 1 no. 1 of the Federal Nature Conservation Act (prohibition of killing and injury) 37 5.1.2 Section 44 subsection 1 no. 2 of the Federal Nature Conservation Act (prohibition of disturbance) 37 5.2 Avifauna (seabirds, resting birds and migratory birds) 37 5.2.1 Section 44 subsection 1 no. 1 of the Federal Nature Conservation Act (prohibition of killing and injury) 37 VI Content 5.2.2 Section 44 subsection 1 no. 2 of the Federal Nature Conservation Act (prohibition of disturbance) 38 5.3 Bats 38 5.3.1 Section 44 subsection 1 no. 1 and no. 2 of the Federal Nature Conservation Act 38 6 Assessment of the implications 39 6.1 Legal basis 39 6.2 Assessment of the compatibility of the FEP with regard to habitat types 40 6.2.1 Assessment of compatibility with the protective purpose of the nature reserve "Pomeranian Bay - Rönnebank 40 6.2.2 Assessment of the compatibility of planned cable routes with the protective purpose of the "Fehmarnbelt" nature reserve 41 6.3 Assessment of the compatibility of the FEP with protected species 42 6.3.1 Assessment of the compatibility of areas, surfaces, platforms and sea cable systems with the protective purpose of the nature conservation area "Pomeranian Bay - Rönnebank 42 6.3.2 Assessment of the compatibility of areas, sites, platforms and sea cable systems with the protective purpose of the "Fehmarnbelt" nature conservation area 42 6.3.3 Assessment of the compatibility of areas, surfaces, platforms and sea cable systems with the protective purpose of the "Kadetrinne" nature conservation area 42 6.4 Natura2000 sites outside the German EEZ 42 6.5 Outcome of the impact assessment 44 7 Overall plan evaluation 44 8 Measures to prevent, mitigate and offset significant negative effects of the Site Development Plan on the marine environment 46 8.1 Introduction 46 8.2 Areas and sites for offshore wind turbines 47 8.3 Platforms 49 8.4 Sea cable systems 50 9 Investigated alternatives 52 9.1 Zero alternative 53 Content VII 9.2 Strategic alternatives 53 9.3 Spatial alternatives 53 9.3.1 Assessment of alternatives for areas 53 9.3.2 Comparison of the sites with each other 54 9.4 Technical alternatives 60 10 Measures envisaged for monitoring the environmental impacts 61 10.1 Monitoring of potential effects of areas and sites for offshore wind turbines 63 10.2 Monitoring of potential effects of platforms 64 10.3 Monitoring of the potential effects of sea cables 64 11 Non-technical summary 66 VIII Content List of figures Figure 1: Overview of the staged planning and approval process in the central model. ................... 3 Figure 2: Overview of the protected assets in the environmental assessments. .............................. 4 Figure 6: Overview of the standards of the relevant legal acts for the SEA. .................................... 7 Figure 7: Presentation of the SEA study area for the Baltic Sea for the site development plan. ...... 9 Figure 8: General methodology for assessing likely significant environmental impacts. ................ 12 Figure 9: Exemplary cumulative effect of similar uses (effects of energy on underwater sound and marine mammals). ........................................................................................................................ 18 Content IX List of tables Table 1: Project-related effects in the implementation of the FEP. ................................................ 16 Table 2: Parameters for the consideration of areas and sites ........................................................ 20 Table 3: Parameters for the consideration of network connections and platforms ......................... 20 Table 4: Parameters for the consideration of sea cable systems................................................... 22 Table 5. Site comparison using nature conservation criteria. ........................................................ 54 X Content List of abbreviations AC Alternating current AIS Automatic Identification System (for ships) ASCOBANS Agreement on the Conservation of Small Cetaceans of the Baltic and North Seas AWI Alfred Wegener Institute for Polar and Marine Research BBergG Federal Mining Act BfN Federal Agency for Nature Conservation BFO Spatial Offshore Grid Plan BFO-N Spatial Offshore Grid Plan North Sea BFO-O Spatial Offshore Grid Plan Baltic Sea BGBI Federal Law Gazette BIAS Baltic Sea Information on the Acoustic Soundscape BMU Federal Ministry for the Environment, Nature Conservation and Nuclear Safety Act concerning nature conservation and landscape management (Federal Nature BNatSchG Conservation Act) Federal Network Agency for Electricity, Gas, Telecommunications, Post and BNetzA Railway BSH Federal Maritime and Hydrographic Agency CMS Convention on the Conservation of Migratory Species of Wild Animals CTD Conductivity, Temperature, Depth Sensor DC Direct current DEPONS Disturbance Effects on the Harbour Porpoise Population in the North Sea DDT Dichlorodiphenyltrichloroethane EEZ Exclusive Economic Zone EIA Environmental impact assessment EIS Environmental impact study Recording of marine mammals and seabirds in the German North Sea and Baltic EMSON Sea EEZs ERASNO Recording of resting birds in the German North Sea and Baltic Sea EEZs EnWG Act concerning electricity and gas supply (German Energy Act) EUROBATS Agreement on the Conservation of Populations of European Bats FEP Site Development Plan FFH Flora Fauna Habitat Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural FFH-RL habitats and of wild fauna and flora (Habitats Directive) Compatibility testing according to Art. 6 subsection 3 of the Habitats Directive or FFH-VP section 34 of the Federal Nature Conservation Act FPN North Sea Research Platform HELCOM Helsinki Convention HCB Hexachlorobenzene IBA Important bird area ICES International Council for the Exploration of the Sea IfAÖ Institute for Applied Ecosystem Research IHC NMS Noise mitigation System from IHC Content XI IOW Leibniz Institute for Baltic Sea Research, Warnemünde IUCN International Union for Conservation of Nature and Natural Resources IWC International Whaling Commission K Kelvin CI Confidence interval kn Knots LRT Habitat type according to the Habitats Directive Automated monitoring network of stations in the German Bight and western Baltic MARNET Sea MARPOL International Convention for the Prevention of Pollution from Ships Marine warm-blooded animals in the North and Baltic Seas: Foundations for MINOS assessment of offshore wind farms Directive 2008/56/EC of the European Parliament and the Council dated 17 June MSRL 2008 for the establishment of a Framework for Community Action in the field of Marine Environment (Marine Strategy Framework Directive) NAO North Atlantic Oscillation n.m. Nautical mile NN Sea level O-NDP Offshore network development plan OSPAR Oslo-Paris Agreement OWP Offshore wind farm PAH Polycyclic aromatic hydrocarbons PCB Polychlorinated biphenyl POD Porpoise Click Detector PSU Practical Salinity Units R&D Research and Development RL Red List SAMBAH Static Acoustic Monitoring of the Baltic Sea Harbour Porpoise SCANS Small Cetacean Abundance in the North Sea and Adjacent Waters Ordinance concerning offshore installations for defining German coastal waters SeeAnlV (Offshore Installations Ordinance) SEL Sound event level SPA Special Protected Area Species of European Conservation Concern (important species for bird SPEC conservation in Europe) SPLp-p Peak emission sound pressure level (peak-peak) StUK4 Standard "Investigation into the impacts of offshore wind turbines" "Accompanying ecological research at the alpha ventus offshore test area StUKplus project" SEA Strategic environmental assessment Directive 2001/42/EC of the European Parliament and of the Council of 27 June SEA Directive 2001 on the assessment of the effects of certain plans and programmes on the environment (SEA Directive) TFEU Treaty on the Functioning of the European Union TSO Transmission system operator XII Content TOC Total Organic Carbon UBA Federal Environment Agency UVPG Act concerning the environmental impact assessment VARS Visual Automatic Recording System Directive 2009/147/EC of the European Parliament and of the Council of 30 V-RL November 2009 on the conservation of wild birds (Wild Birds Directive) WEA Wind turbine Act concerning the development and promotion of offshore wind energy WindSeeG (Offshore Wind Energy Act - WindSeeG) Introduction 1 1 Introduction According to Art. 1 of the SEA Directive 2001/42/EC, the objective of strategic environmental assessment is to ensure a high 1.1 Legal basis and tasks of the level of environmental protection in order to environmental assessment promote sustainable development, and thereby In accordance with sections 4 et seq. of the to contribute to ensuring that environmental Wind Energy at Sea Act (WindSeeG), the BSH considerations are taken into account in an draws up a site development plan (FEP) in appropriate manner well in advance of concrete consultation with the Federal Network Agency project planning, when the plans are compiled (BNetz-A) and in agreement with the Federal and adopted. The Strategic Environmental Agency for Nature Conservation (BfN), the Assessment has the task of identifying, Directorate-General for Waterways and describing and evaluating the likely significant Shipping (GDWS) and the coastal Länder. The environmental effects of the implementation of FEP was drawn up for the first time in 2018 and the plan. It serves as an effective environmental 2019 and published on 28 June 2019 and is precaution in accordance with the applicable currently being updated. laws and is implemented according to When the FEP was drawn up, a detailed consistent principles, and with public environmental assessment was carried out in participation. All factors in accordance with accordance with the law on environmental section 2 subsection 1 of the Environmental impact assessment (UVPG), the so-called Impact Assessment Act must be considered: Strategic Environmental Assessment (SEA).  Human beings, in particular human The environmental reports were also published health, on 28.06.2019. The performance of a strategic  Fauna, flora and biodiversity, environmental assessment and the preparation of an environmental report is governed by  Area, soil, water, air, climate and landscape, Article 35 (1) No. 1 UVPG in conjunction with No. 1.17 of Appendix 5, as site development  Cultural heritage and other material plans are subject to the SEA obligation under assets, and Article 5 WindSeeG. In principle, this also  Interrelationships between the above- applies if the FEP is updated or amended. mentioned factors. The SEA for FEP 2019 does not formally The main content document of the Strategic include new area layouts and the definition of Environmental Assessment is this draft new areas or other energy production areas. environmental report. This identifies, describes Thus, a strategic environmental assessment and assesses the likely significant must be carried out for the specifications that environmental impact of the implementation of have not yet been reviewed, as it is not possible the Site Development Plan, as well as possible to exclude the possibility of significant planning alternatives, taking into account the environmental impacts. As far as new findings essential purposes of the plan. on existing specifications are available and relevant, these will also be taken into account. 1.2 Brief description of the content The SEA for updating the FEP is based on the and most important objectives of environmental reports from 2019 and will the Site Development Plan closely follow the existing SEA in terms of methodology and content. 1.3 Relationship to other relevant plans, programmes and projects 2 Introduction The FEP is related to other plans and industry, science and research as well as programmes within the EEZ, in adjacent areas, protection claims. A strategic environmental in particular in the Coastal Sea, and to plans assessment must be carried out when the and projects at upstream and downstream spatial development plan is drawn up. planning and licensing levels. The next stage is the FEP. Within the 1.3.1 Regional development plans in framework of the so-called central model, the adjacent areas FEP is the control instrument for the orderly expansion of offshore wind energy and In the interests of coherent planning, electricity grids in a phased planning process. coordination processes with the plans of The FEP has the character of a sectoral plan. neighbouring states and coastal federal states The sectoral plan is designed to plan the use of are advisable and must be taken into account in offshore wind energy and the electricity grids in the cumulative assessment of impacts on the a targeted manner and as optimally as possible marine environment. In particular, close under the given framework conditions - in coordination is required with the coastal federal particular the requirements of regional planning states with regard to the onshore connection of - by defining areas and sites as well as the offshore wind farms and the routing of the locations, routes and route corridors for grid routes through the coastal sea. At present, the connections or for cross-border submarine state spatial planning is being updated for both cable systems. In principle, a strategic Lower Saxony and Schleswig-Holstein. environmental assessment is carried out to 1.3.1.1 Lower Saxony accompany the establishment, updating and 1.3.1.2 Schleswig-Holstein modification of the FEP. 1.3.2 MSRL programme of measures In the next step, the areas for offshore wind energy plants defined in the FEP will be pre- 1.3.3 Management plans for the North Sea examined. If the requirements of § 12 para 2 EEZ nature reserves WindSeeG are met, the preliminary 1.3.4 Staged planning procedure for investigation is followed by a determination of offshore wind energy and power lines the suitability of the site for the construction and (central model) operation of offshore wind energy plants. A strategic environmental assessment shall also Within the framework of the central model, the be carried out to accompany the preliminary FEP is the steering instrument for the orderly investigation. expansion of offshore wind energy in a staged planning process. The SEA for the FEP is If the suitability of a site for the use of offshore related to upstream and downstream wind energy is determined, the site is put out to environmental assessments. tender and the winning bidder or the correspondingly entitled party can submit an In an overall view of the central model, the application for approval (planning approval) for planning process for the area of the EEZ is the construction and operation of wind energy divided into several stages: plants on the site specified in the FEP. As part At the highest and superordinate level is the of the planning approval procedure, an instrument of maritime spatial planning. The environmental impact assessment is carried out spatial development plan is the forward-looking if the prerequisites are met. planning instrument which coordinates the most While the areas defined in the FEP are pre- diverse interests of users in the fields of examined and put out to tender for the use of Introduction 3 offshore wind energy, this is not the case for The same applies to cross-border submarine defined sites, routes and route corridors for grid cable systems. connections or cross-border submarine cable Under Article 1 (4) UVPG, the UVPG also systems. Upon application, a planning approval applies if federal or Länder legislation does not procedure including environmental assessment specify the environmental impact assessment in will be carried out for the construction and more detail or does not comply with the operation of grid connection lines in the Re-gel. essential requirements of the UVPG. Figure 1: Overview of the staged planning and approval process in the central model. In the case of multi-stage planning and environmental impacts, technical requirements, approval processes, it follows from the relevant as well as the content and subject matter of the legislation (e.g. Spatial Planning Act, Wind- plan are to be taken into account. SeeG and BBergG) or, more generally, from In the case of subsequent plans and Article 39 (3) UVPG that, in the case of plans, it subsequent approvals of projects for which the should be determined at the stage of defining plan sets a framework, the environmental the scope of the investigation at which certain assessment pursuant to Article 39 (3) sentence environmental impacts are to be assessed in 3 UVPG shall be limited to additional or other particular. In this way, multiple assessments are to be avoided. The nature and extent of the 4 Introduction significant environmental impacts as well as to description and assessment of the significant necessary updates and further details. impacts of a project or a plan or programme on the objects of protection. They serve to ensure Within the framework of the staged planning effective environmental protection in and approval process, all reviews have in accordance with the applicable laws and are common that environmental impacts on the carried out according to uniform principles and objects of protection listed in § 2 para. 1 UVGP with public participation. are considered, including their interactions. In the offshore sector, the following sub- According to the definition in § 2 para. 2 UVPG, categories of the legally protected assets: environmental impacts within the meaning of animals, plants and biological diversity have the UVPG are direct and indirect effects of a become established as sub-categories of the project or the implementation of a plan or legally protected assets: avifauna: programme on the protected assets. seabirds/resting and migratory birds, benthos, According to Article 3 UVPG, environmental biotope types, plankton, marine mammals, fish impact assessments comprise the identification, and bats. Figure 2: Overview of the protected assets in the environmental assessments. Introduction 5 In detail, the staged planning process is as marine environment in whole or in follows: part  International Convention for the 1.3.1.1 Maritime spatial planning (EEZ) Prevention of Pollution from Ships, 1973 1.3.1.2 Site Development Plan as modified by the Protocol of 1978 (MARPOL 73/78) 1.3.1.3 Preliminary investigation  Convention on the Prevention of Marine Pollution by Dumping of Wastes and 1.3.1.4 Approval procedure (planning Other Matter (London, 1972) and approval and planning permission Protocol, 1996 procedure) for offshore wind turbines  United Nations Convention on the Law of the Sea dated 1982 1.3.1.5 Approval procedure for grid connections (converter platforms 1.4.1.2 Regional conventions on the and subsea cable systems) protection of the marine environment 1.3.1.6 Cross-border cables  Convention for the Protection of the Marine Environment of the Baltic Area 1.4 Presentation and consideration 1992 of environmental protection (Helsinki Convention) objectives  UNECE Convention on the EIA in a The establishment, updating and amendment of transboundary context (Espoo- the Site Development Plan and implementation Konvention1) of the SEA take into account the environmental  UNECE-Protokoll on SEA to the protection objectives. These provide information convention on EIA in a transboundary on what state of the environment is being context (SEA-Protokoll) sought in the future (environmental quality targets). The environmental protection 1.4.1.3 Agreements specific to factors objectives can be gathered in an overall view  Convention on the Conservation of from the international, common and national European Wildlife and Natural Habitats, conventions and regulations which deal with 1979 (Bern Convention) protection of the marine environment and on the basis of which the Federal Republic of  Convention on the Conservation of Germany has committed itself to certain Migratory Species of Wild Animals, 1979 principles and objectives. (Bonn Convention) Within the framework of the Bonn Convention, 1.4.1 International conventions on the regional agreements for the conservation of the protection of the marine environment species listed in Annex II were concluded in The Federal Republic of Germany is a party to all relevant international conventions on protection of the marine environment. 1 Convention from 25. 2. 1991 about the EIA in a transboundary context, implemented by the Espoo-Act of 1.4.1.1 Conventions in force throughout 7. 6. 2002, BGBl. 2002 II, S. 1406 ff. and the Second the world that serve to protect the Espoo-Act from 17. 3. 2006, BGBl. 2006 II, S. 224 f 6 Introduction accordance with Art. 4 no. 3 of the Bonn habitats and of wild fauna and flora Convention: (Flora and Fauna Habitats Directive)3,  Agreement on the Conservation of  Directive 2000/60/EC of the European African-Eurasian Migratory Waterbirds, Parliament and the Council dated 23 1995 (AEWA) October 2000 for the establishment of a Framework for Community Action in the  Agreement on the Conservation of Small field of Water Policy (Water Framework Cetaceans of the Baltic and North Seas, Directive, WRRL) 1991 (ASCOBANS)  Directive 2001/42/EC of the European  Agreement on the Conservation of Seals Parliament and of the Council of 27 in the Wadden Sea, 1991 June 2001 on the assessment of the  Agreement on the Conservation of effects of certain plans and programmes Populations of European Bats, 1991 on the environment (Strategic (EUROBATS) Environmental Assessment Directive, SEA Directive)  Convention on Biological Diversity, 1993  Directive 2008/56/EC of the European 1.4.2 Environmental and nature Parliament and the Council dated 17 conservation requirements at EU June 2008 for the establishment of a level Framework for Community Action in the The material scope of application of the TFEU2 field of Marine Environment (Marine and thus in principle also that of secondary law Strategy Framework Directive, MSRL) is extended if the Member States experience an  Directive 2009/147/EC of the European increase in rights in an area outside their Parliament and of the Council on the territory which they have transferred to the EU conservation of wild birds (Birds (ECJ, Commission/United Kingdom, 2005). In Directive) the field of protection of the marine environment, nature conservation or water  Richtlinie 2009/147/EG des Europäischen protection, the applicability of the legal EU Parlaments und Rates über die Erhaltung requirements is also valid for the EEZ. der wildlebenden Vogelarten (V-RL) The relevant EU legislation is to be taken into 1.4.3 Environmental and nature account: conservation requirements at  Council Directive 337/85/EEC of 27 national level June 1985 on the assessment of the There are various legal provisions at a national effects of certain public and private level, too, and their specifications must be projects on the environment taken into account in the environmental report. (Environmental Impact Assessment  Act for regulating water resources Directive, EIA Directive) (WHG)  Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural 3 Council Directive 92/43/EEC of 21 May 1992 on the 2 Treaty on the Functioning of the European Union, OJ EC conservation of natural habitats and of wild fauna and no. C 115, dated 09.05.2008, p. 47. flora, OJ L 206 dated 22.07.1992. Introduction 7  Act concerning nature conservation and  Protected region regulations landscape management (Federal Nature Conservation Act - BNatSchG) 1.4.4 The Federal Government's energy and climate conservation aims  Act concerning the environmental impact assessment (UVPG)  Act concerning the development and promotion of offshore wind energy (Offshore Wind Energy Act - WindSeeG) Figure 3: Overview of the standards of the relevant legal acts for the SEA. 8 Introduction environmental effects, they can also lead to 1.5 Strategic Environmental effects, making a review necessary. Assessment methodology The following specifications are each examined 1.5.1 Introduction with regard to their anticipated significant environmental effects relating to factors: When carrying out the Strategic Environmental Assessment, various approaches to the  Areas and sites for offshore wind planning status can be considered within the energy, including specification of the framework of the methodology. This anticipated capacity environmental report builds on the methodology already used for the Strategic Environmental  Routes and corridors, including gates Assessment of the 2019 Site Development  Locations for platforms (converter Plan. and collector platforms and The methodology is based primarily on the transformer platforms) specifications of the plan that are to be  Designation of other assessed. Within the framework of this SEA, whether the specifications are likely to have  Energy production areasRelevant significant effects on the factors in question is planning and technical principles identified, described and evaluated for the individual specifications. In accordance with 1.5.2 Area of investigation section 1 subsection 4 of the Environmental Impact Assessment Act in conjunction with The description and assessment of the state of section 40 subsection 3 of the Environmental the environment relates primarily to the Baltic Impact Assessment Act, in the environmental Sea EEZs, for which the FEP essentially makes report the competent authority provisionally specifications. The SEA study area covers the assesses the environmental effects of the German EEZ of the Baltic Sea (Figure 7). specifications with regard to effective Since the FEP does not define the western part environmental precautions in accordance with of the Baltic Sea EEZ up to the Fehmarnbelt applicable laws. According to the special legal nature reserve, this part of the EEZ is not standard of section 5 subsection 3 WindSeeG, included in the SEA in detail. In the adjacent the specifications must not endanger the territorial sea, areas are also designated via an marine environment. administrative agreement with the state of The subject matter of the environmental report Mecklenburg-Vorpommern. These definitions corresponds to the provisions of the Site are also part of the study area and will be Development Plan as stated in section 5 reviewed for their cumulative effects with the subsection 1 WindSeeG (see 1.3). However, definitions in the EEZ. the relevant factors here are not so much the The adjoining territorial sea and the adjacent specifications in concrete temporal terms, as areas of the riparian states are not directly the chronological order of the call for tenders or covered by this plan, but they are included in the calendar years of commissioning, as there the cumulative and transboundary are no further environmental effects in this consideration in the context of this SEA. regard compared with the environmental specifications. Although some planning and technical principles serve to mitigate Introduction 9 Figure 4: Presentation of the SEA study area for the Baltic Sea for the site development plan. 10 Introduction Also relevant are the characteristics of the plan, 1.5.3 Implementation of the environmental in particular assessment - the extent to which the plan sets a framework The assessment of the likely significant for projects and other activities in terms of environmental effects of the implementation of location, type, size and operating conditions or the FEP includes secondary, cumulative, through the use of resources synergistic, short-, medium- and long-term, permanent and temporary, positive and - the extent to which the plan influences other negative effects in terms of the goods to be plans and programmes, including those in a protected. Secondary or indirect effects are planning hierarchy; understood to be those which are not - the relevance of the plan for the integration of immediate and therefore may take effect only environmental considerations, in particular with after some time and/or in other places. a view to promoting sustainable development; Occasionally we also speak of consequential effects or interactions. - the environmental issues relevant to the plan; Possible impacts of plan implementation are - the relevance of the plan for the described and assessed in relation to the implementation of Community environmental protected property. A uniform definition of the legislation (e.g. plans and programmes term "significance" does not exist, since it is a concerning waste management or water "individually determined significance" which protection) (Annex II SEA Directive). cannot be considered independently of the The sectoral legislation provides further details "specific characteristics of plans or on when an impact reaches the materiality programmes" (SOMMER, 2005, 25f.). In threshold. Threshold values have been general, significant impacts can be understood developed under the legislation in order to be to be effects that are serious and significant in able to make a delimitation. the context under consideration. The description and assessment of potential According to the criteria of Annex 6 of the environmental impacts is carried out separately UVPG, which are decisive for the assessment for areas and sites, platforms, submarine cable of likely significant environmental impacts, systems and other energy production areas, significance is determined by taking into account the assessment of their - "the probability, duration, frequency and status. Furthermore, a differentiation according irreversibility of the effects to different technical designs is made where necessary. The description and assessment of - the cumulative nature of the effects; the probable significant impacts of the - the transboundary nature of the impacts; implementation of the plan on the marine environment also relate to the protected - the risks to human health or the environment interests described. All contents of the plan that (e.g. in the event of accidents); could potentially have significant environmental - the magnitude and spatial extent of the impacts are examined. effects; In this context, both the construction and - the importance and sensitivity of the area deconstruction as well as the plant-related and likely to be affected, due to its specific natural operational impacts are considered. In addition, characteristics or cultural heritage, the effects that may arise within the scope of exceedance of environmental quality standards maintenance and repair work are taken into or limit values and intensive land use; account. This is followed by a description of possible interactions, a consideration of - the impact on areas or landscapes whose possible cumulative effects and potential status is recognised as protected at national, transboundary impacts. Community or international level". Introduction 11 The following objects of protection are In general, the following methodological considered with regard to the assessment of approaches are used in environmental the environmental status: assessment:  - Area/ soil - Qualitative descriptions and assessments  - Water - Quantitative descriptions and assessments  - Plankton - Evaluation of studies and technical literature,  - Biotope types expert opinions  - Benthos - Visualizations  - Fish - Worst-case assumptions  - Marine mammals - trend assessments (e.g. on the state of the art of installations)  - Avifauna - Assessments by experts/the professional  - bats public  - Biological diversity An assessment of the impacts caused by the  - Air FEP's specifications is carried out on the basis  - Climate of the status description and status assessment and the function and significance of the  - Landscape individual areas, sites and routes for the  - cultural heritage and other tangible individual objects of protection on the one hand, assets and the impacts emanating from these specifications and the resulting potential  - people, in particular human health impacts on the other. A forecast of the project-  - Interactions between protected related impacts when the FEP is implemented goods is made on the basis of the criteria of intensity, scope and duration of the effects (cf. Figure 8). 12 Introduction Figure 5: General methodology for assessing likely significant environmental impacts. marine mammals, the criteria used are 1.5.4 Criteria for status description and protection status, assessment of occurrence, status assessment assessment of spatial units and prior The condition of the individual protected assets contamination. For migratory birds, the aspects is assessed on the basis of various criteria. For of rarity, endangerment and existing pressures the protected assets of area/soil, benthos and are taken into account, as are the aspects of fish, the assessment is based on the aspects of occurrence assessment and the area's rarity and vulnerability, diversity and peculiarity, significance for bird migration over a large area. and existing impacts. The description and assessment of marine mammals and marine The following is a summary of the criteria used and resting birds is based on the aspects listed for the status assessment of the respective in the figure. Since these are highly mobile protected property. This overview deals with the species, an approach analogous to that for the protected assets that are considered in the protected goods area/soil, benthos and fish is focus area. not appropriate. For seabirds, resting birds and Introduction 13 Area/soil Aspect: Rarity and endangerment Criterion: Percentage of sediments on the seabed and distribution of the morphological inventory of forms. Aspect: Diversity and specificity Criterion: Heterogeneity of the sediments on the seabed and formation of the morphological inventory of forms. Aspect: Preload Criterion: Extent of the anthropogenic preload of the sediments on the sea floor and the morphological inventory of forms. Benthos Aspect: Rarity and endangerment Criterion: Number of rare or endangered species based on the Red List species identified (Red List by RACHOR et al. 2013). Aspect: Diversity and individuality Criterion: Number of species and composition of the species communities. The extent to which species or communities characteristic of the habitat occur and how regularly they occur is assessed. Aspect: Preload For this criterion, the intensity of fishing exploitation, which is the most effective disturbance variable, will be used as a benchmark. Eutrophication can also affect benthic communities. For other disturbance variables, such as vessel traffic, pollutants, etc., there is currently a lack of suitable measurement and detection methods to be able to include them in the assessment. Biotope types Aspect: Rarity and endangerment Criterion: national conservation status and endangerment of biotope types according to the Red List of Endangered Biotope Types in Germany (FINCK et al., 2017). Aspect: Preload Criterion: Hazard due to anthropogenic influences. 14 Introduction Fish Aspect: Rarity and endangerment Criterion: Proportion of species considered endangered according to the current Red List marine fish (THIEL et al. 2013) and for the diadromous species on the Red List freshwater fish (FREYHOF 2009) and assigned to Red List categories. Aspect: Diversity and specificity Criterion: The diversity of a fish community can be described by the number of species (α-Diversity, 'Species richness'). The species composition can be used to assess the specific nature of a fish community, i.e. how regularly habitat-typical species occur. Diversity and specificity are compared and assessed between the Baltic Sea as a whole and the German EEZ, as well as between the EEZ and individual areas. Aspect: Preload Criterion: The naturalness of a fish community is defined as the absence of anthropogenic influences. Through the removal of target species and by-catch, as well as the impact on the seabed in the case of bottom-dwelling fishing methods, fisheries are considered the most effective disturbance to the fish community and therefore serve as a measure of the bias of fish communities in the Baltic Sea. There is no assessment of stocks on a smaller spatial scale. The input of nutrients into natural waters is another way in which human activities can affect fish communities. Eutrophication is therefore used to assess the biota. Marine mammals Aspect: Protection status Criterion: Status under Annex II and Annex IV of the Habitats Directive and the following international protection agreements: Convention on the Conservation of Migratory Species of Wild Animals (Bonn Convention, CMS), ASCOBANS (Agreement on the Conservation of Small Cetaceans of the Baltic and North Seas), Convention on the Conservation of European Wildlife and Natural Habitats (Bern Convention) Aspect: Assessment of the occurrence criteria: Stock, stock changes/trends based on large-scale surveys, distribution patterns and density distributions Aspect: Evaluation of spatial units criteria: Function and importance of the German EEZ and the areas defined in the FEP for marine mammals as transit areas, feeding grounds or breeding grounds Aspect: Preloas Criterion: Hazards due to anthropogenic influences and climate change. Introduction 15 Seabirds and resting birds Aspect: Protection status Criterion: Annex I status Species of the Birds Directive, European Red List from BirdLife International Aspect: Assessment of the occurrence criteria: Baltic Sea stock and EEZ stock, large-scale distribution patterns, abundances, variability Aspect: Evaluation of spatial units criteria: Function of the areas defined in the FEP for relevant breeding birds, migrants, as resting areas, location of protected areas Aspect: Preload Criterion: Hazards due to anthropogenic influences and climate change. Migratory birds Aspect: The importance of bird migration over a large area Criterion: Guidelines and areas of concentration Aspect: Assessment of the occurrence Criterion: draught and its intensity Aspect: Rarity and endangerment Criterion: Number of species and endangered status of the species involved according to Annex I of the Birds Directive, Bern Convention of 1979 on the Conservation of European Wildlife and Natural Habitats, Bonn Convention of 1979 on the Conservation of Migratory Species of Wild Animals, AEWA (African-Eurasian Waterbird Agreement) and SPEC (Species of European Conservation Concern). Aspect: Preload Criterion: Prior pollution/hazards due to anthropogenic influences and climate change. 16 Introduction the basis of the status assessment described 1.5.5 Specific assumptions for the above. The following table lists, on the basis of assessment of likely significant the key impact factors, those potential environmental impacts environmental impacts which form the basis for The description and assessment of the the assessment of the likely significant probable significant impacts of the environmental impacts. The effects are implementation of the FEP on the marine distinguished according to whether they are environment will be carried out separately for caused by construction, decommissioning, areas and land, platforms, submarine cable operation or the installation itself. systems and other energy production areas on Table 1: Project-related effects in the implementation of the FEP. Object of Effect Potential impact (De)Con struction Commis Turbine protection sioning Areas/ Sites and Platforms Soil Placement of hard substrate change of habitats X (foundations) permanent land use change of habitats X Scouring/sediment relocation change of habitats X Benthos formation of turbidity plumes Impact on benthic species X Resuspension of sediment Impairment or damage to benthic X and sedimentation species or communities Placement of hard substrate Change of habitats, habitat loss X Fish Sediment swirls and turbidity Physiological effects and frightening X plumes effects Noise emissions during pile Averting X driving Land use Local habitat loss X Placement of hard substrate Attraction effects, increase in X species diversity Seabirds Visual unrest due to Local scaring and barrier effects X and construction activity resting Obstacle in airspace Scaring effects => habitat loss X Introduction 17 birds Lightemissions Attraction effects X X Maintenance-related ship Scaring effects => habitat loss X traffic Migratory Obstacle in airspace Bird strike X birds Barrier effect Lightemissions Attraction effects => bird strike X X Marine Noise emission during pile Danger if no prevention and X mammals driving reduction measures are taken Sea cable systems Soil Placement of hard substrate change of habitats X (Stone pile) Benthos Heat emissions Impairment/displacement of cold- X water loving species magnetic fields Impact on benthic species X formation of turbidity plumes Impact on benthic species X Insertion of hard substrate change of habitats, habitat loss X (cable crossing) Fish formation of turbidity plumes Physiological effects and frightening X effects magnetic fields Impairment of the orientation X behaviour of individual migratory species 18 Introduction In addition to the impacts on the individual can be caused by the coincidence of effects in objects of protection, cumulative effects and time and space. Impacts of the construction interactions between objects of protection are phase are mainly of a short-term and temporary also examined nature, while plant-related and operational impacts can occur permanently. The impact 1.5.6 Cumulative consideration may be intensified by similar uses or different According to Art.5 (1) SEA Directive, the uses with the same effect, thus increasing the environmental report also includes an impact on one or more protected assets. assessment of cumulative effects. Cumulative The focus in the environmental report on the effects arise from the interaction of various FEP is on the cumulative consideration of independent individual effects which either add similar uses, namely those for which the FEP up through their interaction (cumulative effects) makes stipulations. A cumulative consideration or reinforce each other and thus generate more of different uses, i.e. intersectoral, is carried out than the sum of their individual effects within the framework of the SEA at the higher (synergistic effects) (e.g. SCHOMERUS et al., level of the spatial development plan for the 2006). Both cumulative and synergetic effects EEZ. Figure 6: Exemplary cumulative effect of similar uses (effects of energy on underwater sound and marine mammals). In order to examine the cumulative effects, it is 1.5.7 Interactions necessary to assess the extent to which the provisions of the plan, when taken together, can In general, impacts on a protected good lead to be expected to have a significant adverse various consequences and interactions effect. An examination of the areas is between the protected goods. The essential performed at the level of this sectoral plan on interdependence of the biotic objects of protection exists via the food chains. Due to the the basis of the current state of knowledge within the meaning of Art. 5 para. 2 SEA variability of the habitat, interactions can only Directive. An important assessment basis for be described in very imprecise terms overall. this is the noise abatement concept of the BMU (2013). Introduction 19 1.5.8 Specific assumptions for the - installations already in operation or in the assessment of likely significant licensing procedure (as reference and existing environmental impacts load) In detail, the analysis and examination of the - Transfer of the average parameters of the respective provisions is as follows: installations commissioned in the last 5 years to Areas and Sites, including the expected the areas to be planned in the central model capacity to be installed: - Assumption that existing projects will be Regarding the areas, irrespective of the realised on the basis of effective authorisation concrete definition in the plan and the during the transition period (worst-case probability of realisation, a total of 13 areas are scenario) assumed in the sense of a worst-case - Forecast of certain technical developments. consideration. In accordance with section 5 (1) The following tables provide an overview of the no. 5 WindSeeG, the expected installed capacity of offshore wind turbines is to be parameters to be used. It should be noted here determined in the FEP for the areas. For this that these are only partly estimation-based purpose, the sites within the areas are assumptions, as project-specific parameters are not or cannot be checked at SEA level. essentially assigned to two categories within the framework of the legal requirements on the In order to depict the spectrum of possible basis of criteria such as area geometry, wind realistic developments, the Strategic speed, state of the art of offshore wind energy Environmental Assessment is essentially based installations and grid connection capacity. On on a range of the above-mentioned model the basis of these parameters and parameters. assumptions, the power density to be applied is In contrast to the approach used in the SEA for determined in megawatt/km² per area. the FEP 2019, the individual parameters are To support the plausibility check of the presented in the form of a possible bandwidth methodology for determining the expected and not, as in 2019, as separate model wind power to be installed on the respective areas, farms in the form of two scenarios. This wind farm planning is simulated in the form of approach allows for greater flexibility in the models with, among other things, wind turbines subsequent assessment within the scope of the that may be available in the future. Although suitability test and the approval procedures by one or more layouts for offshore wind farm more frequently assuming "worst-case" planning are not used as a basis for considerations. The respective worst case must determining the expected installed capacity, be defined for the individual objects of certain parameters are assumed in this SEA for protection. For the 2021 tender year (sites O-1- a consideration related to the protection of the 3, N-3.7 and N-3-8), the parameters from the environment. In detail, these are, for example, FEP 2019 assessment framework and the number of turbines, hub height [m], height environmental report remain valid. Due to the of the lower rotor tip [m], rotor diameter [m], year of commissioning in 2026, an adjustment total height [m] of the turbines, diameter of does not appear necessary. foundation types [m] and diameter of scour Furthermore, the parameters will be adapted to protection [m]. the advancing state of the art. In the currently The Strategic Environmental Assessment takes ongoing approval procedures for OWPs, it can particular account of these factors: be seen that a nominal capacity of 10 MW can 20 Introduction already be considered state of the art for wind advancing state of the art, especially in the later farms in the transitional system. Similarly, the years of commissioning. parameters in the upper range of the bandwidth are being raised to take account of the Table 2: Parameters for the consideration of areas park internal and sites cabling [km/MW] Number converter 1 1 1 Range platforms from to Area Foundation ca. 600 ca. 600 ca. 600 Power pro turbine [MW] 10 20 Converter platform Hub Height [m] 125 200 [m²] Height lower rotor tip [m] 25 50 Number 0 2 0 Rotor diameter [m] 200 300 transformer Total height [m] 225 platform 350 Diameter foundation [m]* 10 15 Number 2 0 2 Diameter scour protection 50 accomodation 75 [m] platforms * The calculation of the land use is based on the Diameter ca. 2 x ca. 2 x ca. 2 x assumption of a monopile foundation. However, it is foundation [m]** 10 10 10 assumed that monopile and jacket together have Area foundation ca. 160 ca. 160 ca. 160 about the same total land use on the sea bed. excl. scour protection [m2] Sites for platforms (transformer or residential Diameter scour ca. 2 x ca. 2 x ca. 2 x platforms) 50 50 50 protection [m] A similar approach is followed for the Area foundation ca. ca. ca. assessment of the sites for platforms incl. scour 4.000 4.000 4.000 (transformer, converter or residential platforms). protection [m] Here, too, certain parameters such as the * The figures for transformer/residential platforms number of platforms, length of the internal refer to the number of transformer/residential cabling [km], diameter of one or more platforms per grid connection (only for completions from 2026) for the different connection concepts. foundations [m] and area for foundations Only the length of the park-internal cabling depends (including scour protection) [m²] are assumed on the expected installed capacity of the respective Table 3: Parameters for the consideration of network area and was determined on the basis of existing connections and platforms plans. 320 kV 525 ** The calculation of the land use is based on the kV assumption of a monopile foundation. It is assumed Network that monopile and Jacket each have approximately connection 66 kV 155 kV 66 kV the same total land use on the sea bed. converter platforms, Routing and route corridors for submarine cable Transformer / systems accomodation platforms* The definition of route and route corridors for specific length ca. 0,12 ca. 0,12 ca. submarine cable systems (connecting lines, 0,12 cross-border submarine cable systems and Introduction 21 interconnections) is based on the assumption of certain widths of the cable trench [m] and a certain area of the crossing structures [m2]. In particular, the environmental impacts caused by construction, operation and repair are considered. 22 Introduction Table 4: Parameters for the consideration of sea cable systems Sea Cable System Width cable trench ca. 1 [m] Area of intersection ca. 900 buildings [m2] With regard to the technical principles for the grid connection of offshore wind farms in the Other energy production areas Baltic Sea for the area of the EEZ, a connection For the definition of "other energy production concept based on three-phase current areas", the Strategic Environmental technology with a transmission voltage of +/- Assessment is based on the assumption of a 220 kV will be used, analogous to the existing "classical" offshore wind farm on the basis of grid connections, when the transmission grid existing knowledge of electricity production. operator uses the transformer platform. This Environmental impacts going beyond this are has already been defined within the framework highly dependent on the respective type of use of the BFO Baltic Sea and was accordingly and should therefore be comprehensively already the subject of the reviews in the examined at approval level. In this respect, the environmental reports on the BFO Baltic Sea. SEA for other energy production areas is carried out in the same way as the assessment 1.6 Data sources and indications of of areas for offshore wind energy and is based difficulties in compiling the on the same model parameters. documents Relevant planning and technical principles A description and assessment of the state of By regulating planning and technology the environment in the investigation area form principles in the FEP, the required land use can the basis for the SEA. All factors must be be minimised and potential environmental included. The data source forms the basis for impacts reduced to a minimum. The the as-sessment of the likely significant predominant number of planning principles environmental effects, assessment of natural serve to avoid or reduce environmental impacts habitat and wild-life conservation regulations and are not expected to lead to significant and the alternative assessment. impacts. According to section 39 subsection 2 sentence The FEP also contains some planning 2 of the Environmental Impact Assessment Act, principles that do not relate to the reduction of the environmental report contains the infor- environmental impacts. If these are based on mation that can be obtained with reasonable regional planning objectives, they must be effort, taking into account the current state of adhered to simply because the regional knowledge and public statements known to the planning objectives are binding. Remaining authority, generally accepted assessment planning principles are examined for likely methods, content and level of detail of the plan significant environmental impacts on protected and its position in the decision-making process. assets. Introduction 23 According to section 40 subsection 4 of the En-  Human beings and human health vironmental Impact Assessment Act, infor- mation available to the competent authority  Interrelationships between factors. from other procedures or activities may be in- cluded in the environmental report if it is suitable for the intended purpose and sufficiently up-to-date. 1.6.1 Overview of data source The environmental report will be based on the The data and knowledge situation has improved environmental assessments that were carried considerably in recent years, particularly as a out when the FEP 2019 was established. result of the extensive data collection within the The draft environmental report will describe and framework of environmental compatibility stud- assess the current state of the environment and ies and the construction and operation monitor- present the likely development in the event of ing for the offshore wind farm projects and the non-implementation of the plan. On the other accompanying ecological research. hand, it will forecast and assess the likely signif- In general, the following data are used as a ba- icant environmental impacts resulting from the sis for the environmental report: implementation of the plan. - Data and findings from the operation of off- A detailed description and assessment of the shore wind farms state of the environment is the basis for the as- sessment of possible effects. The description - Data and findings from approval procedures and assessment of the current state of the envi- for offshore wind farms, submarine cable sys- ronment and the probable development in the tems event of non-implementation of the plan will be - Results from the preliminary area survey carried out with regard to the following objects - Results of the monitoring of Natura 2000 sites of protection: - Mapping instructions for §30 biotope types  Area/Soil - MSRL initial and progress evaluation  Water - HELCOM status reports  Plankton - Findings and results from R&D projects com-  Biotopes missioned by BfN and/or BSH and from ac- companying ecological research  Benthos - Results from EU cooperation projects, such as  Fish Pan-Baltic Scope and SEANSE  Marine mammals - Studies/ Technical literature  Resting and migratory birds - Current red lists  Air - Comments of the technical authorities  Climate - Comments from the (specialist) public  Landscape A detailed overview of the individual data and  Cultural heritage, other material assets knowledge bases can be found in the Annex (Chapter 8) of the framework study. 24 Introduction Since the data basis may vary depending on currently being prepared within the the protected property, the data basis is framework of ongoing BfN R&D projects discussed at the beginning of Chapter 2 with a spatial focus on nature 1.6.2 Indications of difficulties in compiling conservation areas. To date, there is a the documents lack of detailed mapping of biotope Indications of difficulties arising when compiling types, including legally protected the data, such as technical gaps or lack of knowledge, are to be presented according to biotopes under Article 30 BNatSchG, in section 40 subsection 2 no. 7 UVPG. The the EEZ outside nature conservation description and evaluation of the individual areas. factors (chapter Fehler! Verweisquelle konnte nicht gefunden werden.) make it clear that  For the assessment of compliance with there are still gaps in knowledge in places. requirements regarding temperature Information gaps exist in particular with regard increases in sediment, reference is to the following points: made to planning principle 4.4.4.8.  Long-term effects from the operation of 1.6.2.2 Benthos offshore wind farms and associated  It is not possible to predict reliably the systems, such as converter platforms anticipated effects of the introduction of  Data for assessment of the state of the hard substrate on the development of environment of the various factors in the benthic communities. area of the outer EEZ. 1.6.2.3 Fish 1.6.2.1 Soil/area and biotope types  There is a lack of more detailed information  To date, a detailed area-wide mapping on pelagic fish. of the sediment distribution in the EEZ  Information on the reaction of fish to noise outside the nature reserves is missing. emissions is available only to a very limited extent. The description and assessment of environmental impacts with regard to  The likely effects of habitat change on the development of fish fauna due to the the soil as a protected resource is based introduction of hard substrate are still primarily on the evaluation of selective largely unknown. data collection. In particular, there is a 1.6.2.4 Seabirds and resting birds lack of a comprehensive sediment  The species-specific risk of seabirds description with regard to the detailed colliding with offshore wind turbines can distribution of coarse-sand-fine gravel only be partially predicted and is currently being recorded with the investigations areas and residual sediments in the according to StUK4 in the operating phase, form of gravel, stones and blocks. but also in ongoing research projects. In  A detailed and area-wide mapping of particular, suitable technology for recording effects is being developed. marine biotope types in the EEZ is Introduction 25  Behavioural changes and habituation offshore wind farms. Data is collected effects among disturbance-sensitive regularly as part of the monitoring of nature species in the German EEZ have only been conservation areas on behalf of the Federal investigated since the commissioning of the Agency for Nature Conservation. Finally, first large, commercial wind farms, research projects provide data on specific including the converter platforms. issues. SCANS observations are providing Operational monitoring is still ongoing. information for the entire distribution area of harbour porpoise so as to allow the  There is still insufficient knowledge of the abundance of the entire population of effects of disturbances or habitat loss at harbour porpoise to be assessed. species population level, and these will only be investigated on the basis of the 1.6.2.7 Bats data currently being collected.  There is a lack of knowledge about the 1.6.2.5 Migratory birds quality and quantity of migratory bat populations in the North Sea.  There is currently a lack of sufficient knowledge of the effects of offshore  There is currently a lack of sufficient construction in some areas. Knowledge knowledge of the effects of offshore from coastal waters and on land is only construction. Knowledge from coastal transferable to a very limited extent due to waters and on land is only transferable to a the different conditions. very limited extent due to the different conditions.  The species-specific risk of migratory birds colliding with offshore wind turbines is  The species-specific risk of bats colliding largely unknown. with offshore wind turbines is largely unknown.  Possible barrier impacts of offshore wind turbines on species-specific sea migration 1.6.2.8 Summary routes are largely unexplored. In principle, forecasts on the development of  Whether the intensity of broad front the living marine environment after migration of songbirds decreases implementation of the Site Development Plan according to the distance from the coast is are subject to specific uncertainties. Long-term not clear for the bulk of songbirds that data series or analytical methods are often migrate at night. lacking, e.g. for intersection of extensive information on biotic and abiotic factors so as to 1.6.2.6 Marine mammals provide a better understanding of complex  The data availability can currently be interrelationships in the marine ecosystem. described as very good: the data is In particular, there is a lack of extensive, systematically quality-assured and used for detailed sediment and biotope mapping outside studies, so the current state of knowledge the nature conservation areas of the EEZ. As a on the occurrence of marine mammals in result, there is no scientific basis to permit German waters can also be classified as assessment of the effects of the possible use of good. strictly protected biotope structures. Research  The most comprehensive data source is and university institutions, and an provided by data from environmental environmental consultancy, are currently impact studies and the monitoring of carrying out sediment and biotope mapping with 26 Introduction spatial emphasis in the nature conservation areas on behalf of the Federal Agency for Nature Conservation and in cooperation with the Federal Maritime and Hydrographic Agency. Furthermore, there are no scientific assessment criteria for some factors, both with regard to the assessment of their status and with regard to the effects of anthropogenic activities on the development of the living marine environment, to allow cumulative effects to be considered in both temporal and spatial terms. Various R&D studies on assessment approaches, including for underwater noise, are currently being developed on behalf of the Federal Maritime and Hydrographic Agency. These projects are being used for continuous refinement of a consistent, quality-assured basis of information on the marine environment for assessment of possible effects of offshore installations. Overall, the following recommendations can be made for the development of criteria for assessment of effects and the status of protected biological assets:  Consolidation of results and evaluation of all existing data relating to factors,  Intersection of biological data with information from marine physics, marine chemistry, marine geology and marine meteorology,  Review of methods, in particular with regard to possible cumulative or transboundary impacts, for developing assessment criteria with regard to the condition of the living marine environment,  Evaluation of effect monitoring so as to be able to record possible effects on factors. Description and assessment of state of the environment 27 2 Description and 2.2.6.1 Metals assessment of state of the 2.2.6.2 Organic substances environment 2.2.6.3 Radioactive substances (radionuclides) 2.1 Introduction According to section 40 subsection 2 no. 3 of 2.2.6.4 Inherited waste the Environmental Impact Assessment Act, the environmental report includes a description 2.2.7 Status assessment of the characteristics of the environment and 2.2.7.1 Natural factors the current state of the environment in the SEA investigation area. The description of the 2.2.7.2 Anthropogenic factors current state of the environment is necessary in order to predict its change when the 2.3 Water plan/programme is implemented. The survey considers the factors listed in section 2 2.3.1 Currents subsection 1 sentence 2 nos. 1 to 4 and interrelationships between them. The 2.3.2 Swell and water level fluctuations information is presented in a problem-oriented fashion. Priority will therefore be given to 2.3.3 Surface temperature and temperature potential initial loads, environmental elements stratification that are particularly worthy of protection, and the factors on which the implementation of the 2.3.4 Surface salinity and salinity plan will have a greater impact. In spatial terms, stratification the description of the environment is based on 2.3.5 Ice conditions the relevant environmental effects of the plan. Depending on the type of impact and the factor 2.3.6 Suspended matter and turbidity in question, these will have differing extents and may go beyond the limits of the plan 2.3.7 Status assessment with regard to (Landmann/Rohmer, 2018). nutrient and pollutant distribution 2.2 Soil/Area 2.3.7.1 Nutrients 2.2.1 Object of protection soil/area 2.3.7.2 Oxygen 2.2.2 Data availability 2.3.7.3 Metals 2.2.3 Geomorphology 2.3.7.4 Organic pollutants 2.2.4 Sediment distribution on the seabed 2.3.7.5 Radioactive substances (radionuclides) 2.2.5 Geological structure of the near- surface subsoil 2.4 Plankton 2.2.6 Distribution of pollutants in the 2.4.1 Data availability and monitoring sediment 28 Description and assessment of state of the environment programmes 2.6.2.1 The macro-zoobenthos of the German Baltic Sea 2.4.2 Spatial distribution and temporal variability of phytoplankton 2.6.2.2 Benthic communities 2.4.3 Spatial distribution and temporal 2.6.2.3 Red List species variability of zooplankton 2.6.2.4 Benthic algae 2.4.4 Status assessment of plankton 2.6.3 Status assessment of the factor 2.5 Biotopes Benthos 2.5.1 Data availability 2.6.3.1 Importance of areas and sites for benthic communities 2.5.2 Biotopes in the German Baltic Sea 2.7 Fish 2.5.3 Legally protected marine biotopes according to section 30 of the Federal 2.7.1 Data availability Nature Conservation Act and FFH habitat types 2.7.2 Spatial distribution and temporal variability 2.5.3.1 Reefs 2.7.2.1 Fish fauna in the German EEZ 2.5.3.2 Sandbanks 2.7.2.2 Red List species in the German 2.5.3.3 Seagrass beds and other marine EEZ macrophyte stocks 2.7.3 Status assessment of the factor Fish 2.5.3.4 Species-rich gravel, coarse sand and shell layers in marine and 2.7.3.1 Importance of areas and sites for coastal areas fish 2.5.4 Status assessment 2.8 Marine mammals 2.5.4.1 Importance of areas and sites for 2.8.1 Data availability biotopes 2.8.2 Spatial distribution and temporal 2.6 Benthos variability 2.6.1 Data availability 2.8.2.1 Harbour porpoise 2.6.2 Spatial distribution and temporal 2.8.2.2 Seals and grey seals variability 2.8.3 Status assessment of the factor Marine mammals Description and assessment of state of the environment 29 2.8.3.1 Importance of areas and sites for 2.10.2.1 Bird migration over the western marine mammals Baltic Sea 2.8.3.2 Protection status 2.10.2.2 Species composition 2.8.3.3 Hazards 2.10.3 Status assessment of the factor Migratory birds 2.9 Seabirds and resting birds 2.10.3.1 Anthropogenic influences on bird 2.9.1 Data availability migration 2.9.2 Spatial distribution and temporal 2.10.3.2 Climatic changes variability 2.10.3.3 Importance of areas and sites for 2.9.2.1 Abundance of seabirds and resting migratory birds birds in German waters in the Baltic Sea 2.9.2.2 Common species and species of special importance for the nature conservation area "Pomeranian Bight – Rönnebank" 2.9.2.3 Occurrence of seabirds and resting birds in the areas 2.9.3 Status assessment of seabirds and resting birds 2.9.3.1 Importance of areas and sites for seabirds and resting birds 2.9.3.2 Protection status 2.9.3.3 Hazards 2.10 Migratory birds 2.10.1 Data availability 2.10.2 Spatial distribution and temporal variability of migratory birds 30 Description and assessment of state of the environment 2.11 Bats and bat migration 2.11.1 Data availability 2.11.2 Migration and migratory movements of bats over the Baltic Sea 2.11.3 Conservation status of potentially migratory bat species in countries adjacent to the Baltic Sea 2.11.4 Hazards to bats 2.12 Biodiversity 2.13 Air 2.14 Climate 2.15 Landscape 2.16 Cultural heritage and material assets 2.17 Human beings, including human health 2.18 Interrelationships between the factors Expected development in the event of non-implementation of the plan 31 3 Expected development in implementation of the plan), but in fact can be reduced by the Site Development Plan on the event of non- account of its steering effect. implementation of the plan According to section 17d subsection 1 sentence Expansion of offshore wind energy plays a key 1 of the Energy Industry Act, the responsible role in meeting the German government's TSO must ensure the grid connection of climate protection and energy policy objectives. offshore wind farms or construct and operate them in accordance with the requirements of Section 6 WindSeeG gives the Federal the O-NDP confirmed by the Federal Network Maritime and Hydrographic Agency the task of Agency or, as of 1 January 2019, construct and compiling and updating an Site Development operate this connection in accordance with the Plan for the EEZ under the conditions set out in network development plan and the Site section 4 ff. WindSeeG and, if an administrative Development Plan according to section 5 of the agreement is concluded, also for coastal Offshore Wind Energy Act. waters. The task of the plan, therefore, is to spatially define the areas and sites for wind It is absolutely necessary to lay the current- turbines as well as the expected generation carrying subsea cable systems up to the grid capacity there and the necessary routes and connection points on land to allow the electricity locations for the entire required grid generated at the offshore wind farms in the infrastructure or grid topology in the Baltic Sea Baltic Sea EEZ to be fed into the onshore high EEZ. Furthermore, the plan also develops the voltage grid. The need to connect offshore wind temporal component of the expansion by farms to the grid would exist even if the plan determining the temporal sequence of the calls were not implemented. This means that even if for tender for the sites for offshore wind turbines the plan were not implemented, these uses and the calendar years of the commissioning of would still be exercised in accordance with the connecting lines. applicable legal bases. It is necessary to install offshore wind turbines The TSO, which is obliged to connect the in order to meet the expansion targets laid offshore wind farms in the Baltic Sea to the grid, down in section 4 no. 2b of the Renewable has so far pursued a connection concept based Energy Sources Act. Even if the Site on three-phase current technology. When using Development Plan were not to be implemented, the three-phase current technology, offshore further wind farms would still be built and wind farms are connected to the grid by commissioned in accordance with the combining the electricity generated by the applicable legal bases. The sectoral plan is individual wind turbines from one or more wind used for spatially and temporally ordered, farms at a transformer platform, and from here space-saving and efficient expansion of it is routed directly ashore via AC cable and on offshore wind energy in order to implement to the grid connection point. In contrast to the fragmentation by further application outside the HVDC concept, this means that no separate areas, and hence to control land usage and converter platform is required for the grid thereby ensure minimal conflict in the connection itself. However, for discharging a development of this technology. Therefore, the given output, a higher number of cable systems environmental effects of the Site Development is required when using three-phase technology Plan's specifications do not go beyond the due to the lower transmission capacity of AC effects of the zero alternative (non- cable. Due to the expected low wind farm capacity in the German EEZ of the Baltic Sea 32 Expected development in the event of non-implementation of the plan for commissioning activities from 2026 principles in the Site Development Plan. As the compared to the capacity of an HVDC system, plan makes numerous specifications relating to a connection by means of a direct current the most compatible possible design of the system would probably lead to permanent uses, it would probably be more difficult to vacancies. As already explained, these sites ensure the protection of the individual factors if are used for subsea cable systems and the Site Development Plan were not converter platforms independently of the implemented than if the plan were implementation of the Site Development Plan in implemented. the EEZ. Therefore, the environmental effects The grid connection of the individual sites of the Site Development Plan's specifications provided for in the plan, staggered in terms of do not go beyond the effects of the zero time, has the potential to minimise disturbances alternative (non-implementation of the plan), but to protected species in particular. Failure to in fact can be reduced by the Site Development implement the plan would probably increase Plan by way of steering. area use and the associated burden on the The design for a voltage level of 220 kV marine environment. Inadequate spatial enables the highest possible transmission coordination in the event of non-implementation capacity per cable system – for three-phase of the plan could, for example, lead to connection – to be achieved and allows significantly more fragmented wind farm areas transmission to take place with as few cable and cable crossings with corresponding effects systems as possible. The sites for the cabling – caused by intersections becoming necessary within the wind farm will be used independently – on the factors in question. of the implementation of the Site Development Although it is not possible to quantify in Plan in the EEZ. The environmental impacts of concrete terms the number of additional land the specifications of the Site Development Plan uses or crossings and the associated additional do not therefore exceed the effects of non- land requirements, it is clear from the implementation of the plan. Rather, the Site specifications in the Site Development Plan - in Development Plan may serve to mitigate them particular the areas for wind turbines, routing with its steering effect. and the gates - that the planning of the TSO The aim of the Site Development Plan is to has already progressed to such an extent due specify the expansion of offshore wind turbines to the earlier system characterised by individual and the grid topology, in particular with regard approvals and connections, that complete to grid connection of offshore wind farms in the overall coordination is no longer possible due to EEZ, coordinated in spatial terms in the sense existing constraints. Taking these constraints of predictive and coordinated overall planning. If into account, a considerable number of the Site Development Plan were not crossings could no longer be prevented at this implemented, the previously practised system planning stage. For future projects, the aim is to of project-specific individual planning and coordinate these and to plan ahead in connection would remain in place; in other accordance with the planning principles words, wind farms and their grid connections (see details in chapter 5 of the Site would be planned and implemented without Development Plan). systematic inclusion of the entire area. The required space requirements can be minimised 3.1 Soil/Area and the potential environmental impact can be reduced by regulating planning and technical 3.2 Water Expected development in the event of non-implementation of the plan 33 3.3 Plankton 3.4 Biotopes 3.5 Benthos 3.6 Fish 3.7 Marine mammals 3.8 Seabirds and resting birds 3.9 Migratory birds 3.10 Bats and bat migration 3.11 Biodiversity 3.12 Air 3.13 Climate 3.14 Landscape 3.15 Cultural heritage and material assets 3.16 Human beings, including human health 3.17 Interrelationships between the factors . Description and assessment of the likely significant effects of the implementation of the Site 34 Development Plan on the marine environment 4 Description and conservation law are presented. Statements on the general protection of nature and landscape assessment of the likely in accordance with section 13 of the Federal significant effects of the Nature Conservation Act are covered in the assessment of the individual factors. implementation of the Site According to § 5 Para. 2a WindSeeG, the FEP Development Plan on the can also make specifications for "other energy marine environment production areas" for a total of 40 to 70 km². Pursuant to § 3 No. 8 WindSeeG, another The following description and assessment of energy production area is an area outside areas the environmental effects concentrate on where offshore wind energy turbines and other factors for which significant effects cannot be energy production facilities can be erected in a excluded from the outset by implementation of spatial context. The installations may not be the Site Development Plan. connected to the public grid. Within the According to Article 40 (1) UVPG, the likely framework of the strategic environmental significant environmental impacts of the assessment, a "classic" offshore wind farm is implementation of the plan must be assessed. assumed on the basis of the findings to date According to Article 40 (3) UVPG, the with regard to electricity generation. environmental impacts of the plan are Environmental impacts beyond this are strongly provisionally assessed with a view to effective dependent on the respective use variant and environmental precautions. According to Article are therefore comprehensively examined at the 3, sentence 2 UVPG, the environmental approval level. In this respect, the SEA for the assessment serves to ensure effective other areas of energy generation is carried out environmental precautions in accordance with in the same way as the assessment of areas for the applicable laws. Within the framework of the offshore wind energy. FEP and the provisions of §§ 4 ff. WindSeeG, a In the Baltic Sea EEZ, the current FEP draft hazard to the marine environment must be proposes SEO-1 as a possible other energy excluded in the specifications contained in the production area. The other energy production plan in accordance with Article 5 (3) WindSeeG. area SEO-1 is under review due to possible The marine environment includes the objects of conflicts of use with regard to nature protection and their habitat, including possible conservation issues, particularly bird migration interactions, described in this environmental (cf. Chapters 4.7 and 4.12.5).x report. The factors for which significant impairment 4.1 Soil/Areas could already be excluded in the previous chapter 2 are not taken into account. This 4.1.1 Areas, sites and platforms concerns the factors Plankton, Water, Air, 4.1.2 Subsea cable systems Material assets/cultural heritage and Human beings, including human health. Possible 4.2 Benthos effects on biodiversity as a factor are discussed for the individual biological factors. Overall, the 4.2.1 Areas and sites factors listed in section 2 subsection 1 of the UVPG are examined before the assessments 4.2.2 Platforms relating to natural habitat and wildlife Description and assessment of the likely significant effects of the implementation of the Site 35 Development Plan on the marine environment 4.2.3 Subsea cable systems 4.9 Climate 4.3 Biotopes 4.10 Landscape 4.3.1 Areas and sites 4.10.1 Areas and sites 4.3.2 Platforms 4.10.2 Platforms 4.3.3 Subsea cable systems 4.11 Interrelationships 4.4 Fish 4.12 Cumulative effects 4.4.1 Areas and sites 4.12.1 Soil/Area, benthos and biotopes 4.4.2 Platforms 4.12.2 Fish 4.4.3 Subsea cable systems 4.12.3 Marine mammals 4.5 Marine mammals 4.12.4 Seabirds and resting birds 4.5.1 Areas, sites and platforms 4.12.5 Migratory birds 4.5.2 Subsea cable systems 4.13 Transboundary impacts 4.6 Seabirds and resting birds This present Strategic Environmental Assessment comes to the conclusion that as 4.6.1 Areas and sites things stand at present, the specifications of the Site Development Plan have no significant 4.6.2 Platforms effects on the areas of neighbouring states bordering on the German EEZ in the Baltic Sea. 4.6.3 Subsea cable systems Substantial transboundary impacts can be excluded in principle for the factors Soil and 4.7 Migratory birds water, Plankton, Benthos, Biotopes, 4.7.1 Areas and sites Landscape, cultural heritage and other material goods and Humans, including human health. 4.7.2 Platforms Possible substantial transboundary impacts could only arise if considered cumulatively in 4.7.3 Subsea cable systems the area of the German Baltic Sea, for the highly mobile biological factors Fish, Marine 4.8 Bats and bat migration mammals, Seabirds and resting birds, as well as Migratory birds and Bats. 4.8.1 Areas and sites The SEA comes to the conclusion that, 4.8.2 Platforms according to the current state of knowledge, the implementation of the Site Development Plan is 4.8.3 Subsea cable systems not expected to have any substantial cross- border effects on the factor Fish, since on the Description and assessment of the likely significant effects of the implementation of the Site 36 Development Plan on the marine environment one hand the areas for which the Site prevention or minimisation measures as are to Development Plan defines specifications have be applied to bird migration. no prominent function for fish fauna, and on the . other the discernible and predictable effects are small-scale and temporary in nature. This also applies to the factors Marine mammals and Seabirds and resting birds. These use the areas predominantly as transit areas. There will be no significant habitat loss for strictly protected seabird and resting bird species. According to current knowledge and taking into account measures to minimise impact and limit damage, substantial transboundary impacts can also be ruled out. Thus the installation of the foundations of wind turbines and platforms in the specific approval procedure is only permitted with the use of effective noise mitigation measures (see e.g. planning principle 4.4.1.7 of the Site Development Plan). In view of the particular vulnerability of the separate Baltic population of harbour porpoise, intensive monitoring measures are to be carried out during implementation and, where appropriate, the noise mitigation measures are to be adapted or construction work coordinated in order to exclude any cumulative effects. For migratory birds, the wind turbines and platforms erected in Site Development Plan sites may constitute a barrier or present a risk of collision. The risk of collision must be minimised by taking appropriate measures to prevent attraction from the lighting. As regards the barrier effect, a final cumulative consideration is not possible given the current state of knowledge. Nor is a cumulative assessment of the hazard risk for bat migration possible at this time, as there is still insufficient information on migration routes, migration heights and migration intensities. It can generally be assumed that any significant transboundary impacts from the specifications of the Site Development Plan will be prevented in the same way by appropriate Assessment of wildlife conservation regulations 37 5 Assessment of wildlife Whether the Site Development Plan meets the wildlife conservation requirements of section 44 conservation regulations of the Federal Nature Conservation Act for According to section 37 of the Federal Nature specially protected animal species is examined Conservation Act, general wildlife conservation in the context of this study on assessment of generally includes wildlife conservation regulations. It will examine in particular whether the plan violates  protection of fauna and flora of wild prohibitions under wildlife conservation species and their communities from regulations. This assessment of wildlife human interference, and safeguarding conservation regulations takes place at the of their other living conditions, primary level of the sectoral plan. A detailed  protection of habitats and biotopes of assessment of wildlife conservation regulations wild animal and plant species, and for the individual sites and projects must be  reintroduction of fauna and flora of carried out as part of the assessment of the displaced wild species in suitable suitability of specific sites or the individual biotopes within their natural distribution approval procedure in question. area. Special provisions with prohibitions are 5.1 Marine mammals applicable to fauna of specially or strictly 5.1.1 Section 44 subsection 1 no. 1 of the protected species. According to section 44 Federal Nature Conservation Act subsection 1 no. 1 of the Federal Nature (prohibition of killing and injury) Conservation Act, wild fauna of specially protected species must not be injured or killed. 5.1.1.1 Areas and sites for offshore wind According to section 44 subsection 1 no. 2 of turbines the Federal Nature Conservation Act, wild fauna of strictly protected species and 5.1.1.2 Platforms European bird species must not be significantly disturbed during reproduction, rearing, 5.1.1.3 Subsea cable systems moulting, hibernation and migration periods. Significant disturbance occurs when the 5.1.2 Section 44 subsection 1 no. 2 of the conservation status of the local population of a Federal Nature Conservation Act species deteriorates as a result of the (prohibition of disturbance) disturbance. Furthermore, according to section 44 subsection 1 no. 3 of the Federal Nature 5.1.2.1 Areas and sites for offshore wind Conservation Act, reproduction or resting energy places of wild fauna of specially protected 5.1.2.2 Platforms species must not be removed from the environment, damaged or destroyed. 5.1.2.3 Subsea cable systems It does not matter whether a relevant injury or disturbance is due to reasonable grounds; nor 5.2 Avifauna (seabirds, resting birds do reasons, motives or subjective tendencies and migratory birds) play any part in respect of compliance with the prohibitions (Landmann/Rohmer, 2018). 5.2.1 Section 44 subsection 1 no. 1 of the Federal Nature Conservation Act 38 Assessment of wildlife conservation regulations (prohibition of killing and injury) 5.2.1.1 Areas and sites for offshore wind turbines 5.2.1.2 Platforms 5.2.1.3 Subsea cable systems 5.2.2 Section 44 subsection 1 no. 2 of the Federal Nature Conservation Act (prohibition of disturbance) 5.2.2.1 Areas and sites for offshore wind turbines 5.2.2.2 Platforms 5.2.2.3 Subsea cable systems 5.3 Bats 5.3.1 Section 44 subsection 1 no. 1 and no. 2 of the Federal Nature Conservation Act Assessment of the implications 39 6 Assessment of the Fauna-Flora-Habitat areas (FFH areas). The nature conservation areas in the EEZ had implications previously been included under European law Within the framework of this Strategic as FFH areas in the first updated list of sites of Environmental Assessment, the areas, sites, Community importance in the Atlantic platforms and subsea cable routes planned in biogeographical region pursuant to Article 4 (2) the Site Development Plan will be subject to a of the Habitats Directive by a decision of the separate assessment as to their compatibility European Commission of 12 November 2007 with the conservation objectives of the nature (Official Journal of the EU, 15 January 2008, L conservation sites. 12/1), so that an FFH impact assessment had already been carried out under the BNatSchG. 6.1 Legal basis §§ Sections 34 and 36 of the Federal Nature The German Baltic Sea EEZ includes the Conservation Act (BNatSchG) require plans or nature conservation area "Pomeranian Bay - projects which, individually or in conjunction Rönnebank", "Fehmarn Belt" and "Kadet with other plans or projects, may significantly Trench", which were established by decree on affect an FFH and EU bird sanctuary and which 22 September 2017. do not directly serve the management of the site, to be assessed for their compatibility with In principle, the construction of artificial facilities the protection and conservation objectives of a and structures in the nature reserves is Natura 2000 site. This also applies to projects prohibited. However, this does not apply to outside the site which, either individually or in certain projects and plans, subject to an combination with other projects or plans, are admissibility review (cf. sections 8 (1) and 9 (6) likely to significantly affect the site's of the Regulation on the designation of the conservation objectives. With the designation of "Pomeranian Bay - Rönnebank" nature the nature conservation areas, this assessment conservation area (NSGPBRV); sections 4 (1) now relates to the conservation purpose of and 5 (6) of the Regulation on the designation these sites. The impact assessment under the of the "Fehmarn Belt" nature conservation area Habitats Directive has a narrower scope than (NSGFmbV); sections 4 (1) and 5 (6) of the the SEA, as it is limited to assessing Regulation on the designation of the compatibility with the conservation objectives "Kadetrinne" nature conservation area set for the protected area. Other environmental (NSGKdrV)). These projects and plans are to impacts do not need to be assessed. be examined for their compatibility with the protection purpose set out in the relevant The total area of the three nature conservation ordinance. They are permitted if, under Article area amounts to 2,472 km², the nature 34 (2) of the Federal Nature Conservation Act, conservation area "Pomeranian Bay - they cannot lead to significant impairment of the Rönnebank" covers an area of 2,092 km², the elements of the nature conservation area nature conservation area "Fehmarnbelt" covers relevant to the protection purpose or meet the an area of 280 km2 and the nature reserve requirements under Article 34 (3) to (5) of the "Kadetrinne" covers 100 km2. Federal Nature Conservation Act (cf. Article 9 The protected habitats are the habitat types (9) NSGPBRV, Article 4 5 (2) NSGFmbV, "reefs" and "sandbanks" as defined in Annex I Article 5 (2) NSGKdrV. Compatibility under the of the Habitats Directive, certain fish species BNatSchG must be examined in accordance and marine mammals as defined in Annex II of with the test previously carried out for the the Directive (sturgeon, black scoter, porpoise, 40 Assessment of the implications grey seal) and various bird species as defined reports of the coastal countries on the spatial in Annex I of the Directive (red-throated diver, development plans or downstream procedures. black-throated diver, eared grebe, red-necked An impact assessment pursuant to Article 34 diver, yellow-billed diver, long-tailed duck, (2) to (5) of the Federal Nature Conservation scoter, velvet scoter, Common gull, guillemot, Act must be carried out if a preliminary razorbill, black guillemot). Species listed in assessment pursuant to Article 34 (1) of the Annex IV of the Habitats Directive, e.g. the Federal Nature Conservation Act comes to the harbour porpoise, must be strictly protected conclusion that there are serious grounds for everywhere, including outside the established concern that a protected area will be protected areas. significantly impaired. Within the framework of the FEP, individual Under Article 34 (1) BNatSchG, projects and definitions are planned in close proximity to the plans must be examined for their compatibility "Pomeranian Bay - Rönnebank" and with the conservation objectives of a Natura "Fehmarnbelt" nature reserves. Thus the 2000 site before they are implemented if, either compatibility assessment in the EEZ area is individually or in conjunction with other projects limited to these protected areas. The impact or plans, they are likely to have a significant assessment will also take into account the long- impact on the site and do not directly serve the distance effects of the decisions taken within management of the site. the EEZ on the protected areas in the adjacent 12-mile zone and in the adjacent waters of For this reason, a possible impairment of the neighbouring countries. This also applies to the conservation objectives, as set out in the assessment and consideration of functional protective purpose of the Ordinance of 22 relationships between the individual protected September 2017 on protected areas, must be areas and the coherence of the network of examined. protected areas pursuant to Article 56 (2) of the The BSH is responsible for the impact Federal Nature Conservation Act, since the assessment under section 34 of the Federal habitat of some target species (e.g. avifauna, Nature Conservation Act. marine mammals) may extend across several protected areas due to their large radius of 6.2 Assessment of the compatibility action. FFH areas and bird sanctuaries outside of the FEP with regard to habitat the German EEZ are also taken into account. types There will be no new assessment of the areas and test sites in the territorial sea, as this was 6.2.1 Assessment of compatibility with the already done when the LEP M-V was drawn up. protective purpose of the nature In addition to the effects within the EEZ, the reserve "Pomeranian Bay - present impact assessment explicitly examines Rönnebank only possible remote effects of the areas and sites, platforms and submarine cable routes 6.2.1.1 Assessment of the compatibility of planned within the EEZ on protected areas in the FEP for areas and platforms in adjacent areas. However, this consideration is area O-1 with regard to habitat not made with regard to the routes in the types territorial sea which connect to the border corridors provided for in the FEP. This 6.2.1.2 Assessment of the compatibility of examination is the subject of the environmental the FEP for areas and platforms in the O-2 area with regard to habitat Assessment of the implications 41 types parallel to the Nord Stream gas pipeline or between "Nord Stream" and "Nord Stream 2", 6.2.1.3 Assessment of the compatibility of connecting border corridors O-XII and O-XIII the FEP for cable routes and crossing the "Pomeranian Bay - connecting areas O-1 and O-2 and Rönnebank" nature reserve over a distance of parallel cross-border submarine 32.3 km. No crossings with other cables are cable systems with regard to required within the protected area. habitat types Within the German EEZ, the biotope type Based on current knowledge, significant "Sublittoral flat sandy bottom of the Baltic Sea impacts on the protected areas due to sediment with brackish water mussel community drift during the construction phase are (Cerastoderma glaucum, Macoma baltica, Mya excluded. The nature conservation area arenaria)" (Code 05.02.10.02.01, FINCK et al., "Pomeranian Bay - Rönnebank" is located at a 2017) can be found in the area of the Nord distance of at least 900 m from the cable routes Stream routes. Based on current knowledge, no and thus outside the drifting distances other biotope types or habitat types occur along discussed in the technical literature. It is true the route. The minimum distance along the that the soft sediments along the route settle route to the sandbank habitat type is around 9.6 more slowly than coarser sediment. However, km, and to the reef habitat type is at least due to the predominant low currents near the around 10.7 km. Thus no significant impacts ground, turbidity plumes which clearly exceed are expected on the "reef" and "sandbank" the natural suspended matter maxima are to be habitat types within the nature reserve with their expected even in areas with soft sediments only characteristic and endangered communities up to a distance of about 500 m. In addition, the and species. released material remains in the water column long enough to be distributed over a large area, 6.2.2 Assessment of the compatibility of so that due to the comparatively low volumes, planned cable routes with the hardly any detectable thickness of the protective purpose of the deposited material can be expected. "Fehmarnbelt" nature reserve Simulations show that the released sediment will have settled again after max. 12 hours. 6.2.2.1 6.2.2.1 Assessment of the compatibility of the FEP for a Thus, according to the current state of cross-border submarine cable knowledge, the impairments will generally system between border corridors remain small-scale and temporary. To this O-V and O-VI extent, no nutrient and pollutant concentrations are expected to be released which could impair A cross-border sea cable system is planned in the nature reserve. the area of the Fehmarn Belt crossing (O-V to O-VI), crossing the Fehmarn Belt Nature 6.2.1.4 Assessment of the compatibility of conservation area over a distance of 4.3 km. the FEP for a cross-border The possibility of co-using the existing submarine cable system between infrastructure of the future Fehmarnbelt tunnel border corridors O-XIII and O-XII for a cross-border submarine cable system is with regard to habitat types being considered, so that, as things stand at Eight routes for cross-border submarine cable present, no further negative effects are systems are defined in the Baltic Sea EEZ. A expected from a cross-border submarine cable cross-border sea cable system is planned 42 Assessment of the implications system beyond the effects of the tunnel marine mammals) may extend over several construction. protected areas due to their large radius of action. 6.3 Assessment of the compatibility Specifically, the bird protection area "Western of the FEP with protected Pomeranian Bay", the FFH and bird protection species area "Plantagenetgrund", the FFH area "Darßer Schwelle", the bird protection area 6.3.1 Assessment of the compatibility of "Vorpommersche Boddenlandschaft und areas, surfaces, platforms and sea nördlicher Strelasund" and the FFH area cable systems with the protective "Greifswalder Boddenrandschwelle und Teile purpose of the nature conservation der Pommerschen Bucht" in the coastal sea of area "Pomeranian Bay - Rönnebank Mecklenburg-Vorpommern are taken into account. In the adjacent areas of the 6.3.1.1 Assessment of the compatibility of neighbouring states, the FFH areas "Adler the FEP with protected bird Grund og Rønne Banke" and "Klinteskov species kalkgrund" in Danish waters, the Swedish FFH area "Sydvästskånes utsjövatte", the Polish bird 6.3.1.2 Testing the compatibility of the sanctuary "Zatoka Pomorska" and the Polish FEP with marine mammals FFH area "Ostoja na Zatoce Pomorskiej" were 6.3.2 Assessment of the compatibility of taken into account. areas, sites, platforms and sea cable The protection and conservation objectives for systems with the protective purpose the Natura 2000 sites outside the EEZ are set of the "Fehmarnbelt" nature out in the following documents: conservation area  Western Pomeranian Bay Bird 6.3.3 Assessment of the compatibility of Sanctuary (territorial sea M-V, DE1649 areas, surfaces, platforms and sea 401): EUNIS factsheet cable systems with the protective purpose of the "Kadetrinne" nature (https://eunis.eea.europa.eu/sites/DE16 conservation area 49401)  FFH and bird protection area 6.4 Natura2000 sites outside the "Plantagenetgrund" (coastal sea M-V, German EEZ DE 1343 301/ DE 1343 401): FFH area The impact assessment also takes into account the remote effects of the FEP's provisions on https://www.lung.mv- the protected areas in the adjacent 12-mile regierung.de/dateien/de_1343_301.pdf, zone and in the adjacent waters of bird protection area neighbouring countries. This also applies to the assessment and consideration of functional https://eunis.eea.europa.eu/sites/DE134 relationships between the individual protected 3401 areas and the coherence of the network of  FFH area "Darßer Schwelle" (coastal protected areas pursuant to Article 56 (2) of the Federal Nature Conservation Act, since the sea M-V, DE 1540 302): habitat of some target species (e.g. avifauna, Assessment of the implications 43 https://www.lung.mv-  Polish FFH area "Ostoja na Zatoce regierung.de/dateien/de_1540_302.pdf Pomorskiej" (PLH 990002): EUNIS  Bird protection area "Vorpommersche Factsheet Boddenlandschaft und nördlicher (https://eunis.eea.europa.eu/sites/PLH990002). Strelasund" (coastal sea M-V, DE 1542 In addition, according to Art. 12 of the Habitats 401): EUNIS factsheet Directive, EU Member States shall take the (https://eunis.eea.europa.eu/sites/DE15 necessary measures in and outside protected areas for species listed in Annex IV of the 42401) Habitats Directive in order to establish a strict  FFH area "Greifswalder system of protection for the above species in Boddenrandschwelle and parts of the their natural range. According to the Habitats Pomeranian Bay" (coastal sea M-V, DE Directive, this includes all whale species. The FFH areas are intended to preserve parts of the 1749-302): EUNIS factsheet feeding habitat. (http://eunis.eea.europa.eu/sites/DE174 In addition to the effects of the plan within the 9302) EEZ, the present impact assessment explicitly  Danish FFH area "Adler Grund og examines only possible remote effects of the areas, sites, platforms and sea cableways Rønne Banke" (DK 00VA 261): EUNIS planned within the EEZ on protected areas in Factsheet adjacent areas. The planned areas, sites, (http://eunis.eea.europa.eu/sites/DK00V platforms and sea cable routes are at a sufficient distance from the protected areas in A261) the territorial sea, so that no significant effects  Danish FFH area "Klinteskov kalkgrund" on these protected areas can be assumed. (DK 00VA 306): EUNIS factsheet However, this consideration is not made with regard to the routes in the territorial sea which (http://eunis.eea.europa.eu/sites/DK00V connect to the border corridors provided for in A306) the FEP. This examination is the subject of the  Swedish FFH site "Sydvästskånes environmental reports of the coastal countries utsjövatte" (SE 0430187): EUNIS on the respective spatial development plans or subordinate procedures. In addition, no new Factsheet impact assessment will be carried out with (https://eunis.eea.europa.eu/sites/SE04 regard to the areas and test sites in the 30187) territorial sea, as this was already carried out when the RDP M-V was drawn up.  Polish bird sanctuary "Zatoka The results of the impact assessment of the Pomorska" (PLB 990003): EUNIS FEP with regard to protected marine mammals factsheet and protected bird species with the (http://eunis.eea.europa.eu/sites/PLB99 conservation objectives of the nature reserve "Pomeranian Bay - Rönnebank" apply to the 0003) nearest nature reserve "Greifswalder Boddenrandschwelle und Teile der 44 Overall plan evaluation Pommerschen Bucht" in the German territorial prevented by implementing the sites, areas and sea and to the FFH- Area "Adler Grund og platforms. Rønne Banke" in the Danish EEZ and the The site O-2.2 as well as the other energy Habitats Area "Ostoja na Zatoce Pomorskiej" in production area SEO-1 (south of area O-2) are the Polish EEZ accordingly. under examination in the current FEP draft. The conclusion was that the plan, either This requires a discussion and clarification of individually or in combination with other plans issues that cannot yet be conclusively and projects, does not compromise the assessed, such as bird migration and the conservation and restoration objectives of the associated species protection prohibitions (§ 44 above-mentioned protected areas. BNatSchG), so that the definition of site O-2.2 and the other energy production area SEO-1 6.5 Outcome of the impact will be further examined within the framework of assessment the continuation of the FEP. As a result, a significant impairment of the The laying of sea cable systems can be made protection purposes of the nature conservation as eco-friendly as possible by preventing areas under review can be ruled out with the protected areas and biotopes and by choosing necessary certainty by implementing the plan a laying method that is as unobtrusive as and taking into account avoidance and possible. The planning principle for sediment mitigation measures. This applies both to the warming should ensure that significant negative nature conservation areas examined within the effects of cable heating on benthic communities German EEZ and to Natura 2000 sites outside are prevented. Preventing crossings between the German EEZ. No new impact assessment sea cable systems as far as possible also will be carried out with regard to the areas and serves to prevent negative effects on the test sites in the territorial sea, as this was marine environment, in particular on the factors already carried out when the LEP M-V was soil, benthos and biotopes. Given the above drawn up. descriptions and assessments, the Strategic Environmental Assessment concludes that, with Based on current knowledge, a significant regard to possible interrelationships, no impairment of the FFH habitat type "reefs" and significant effects on the marine environment "sandbanks with only weak permanent within the investigation area are to be expected inundation by seawater" can be ruled out even from the planned specifications on the basis of if the plan and existing projects for the nature current knowledge and the comparatively conservation areas under review are abstract level of sectoral planning. The potential considered cumulatively. effects are frequently small-scale and mostly 7 Overall plan evaluation short-term, as they are limited to the construction phase. In summary, with regard to the planned areas and sites, platforms and sea cable routes, the A large part of the areas and sites are within the effects on the marine environment will be wind energy priority areas of the Spatial Plan minimised as far as possible by means of for the Baltic Sea EEZ. Sufficient knowledge is orderly, coordinated overall planning of the Site available for these regions. To date, sufficient Development Plan. By adhering strictly to scientific knowledge and consistent evaluation prevention and mitigation measures, in methods are lacking for cumulative assessment particular for noise mitigation during the of the effects on individual factors such as bird construction phase, considerable effects can be migration and bat migration. Therefore, these Overall plan evaluation 45 effects cannot be assessed conclusively within the framework of the present SEA or are subject to uncertainties and need to be assessed more closely within the framework of subsequent planning stages. Measures to prevent, mitigate and offset significant negative effects of the Site Development 46 Plan on the marine environment 8 Measures to prevent, While individual prevention, mitigation and compensation measures may begin even at the mitigate and offset planning level, others only come into play at the significant negative effects specific implementation stage and are regulated there in the individual approval procedure of the Site Development according to the project and location. With Plan on the marine regard to planning prevention and mitigation measures, the Site Development Plan defines environment spatial and textual specifications which, according to the environmental protection 8.1 Introduction objectives set out in chapter 1.4, serve to According to section 40 subsection 2 UVPG, prevent or mitigate significant negative effects the environmental report includes a description in the marine environment due to of the planned measures to prevent, mitigate implementation of the Site Development Plan. and, as far as possible, compensate for This mainly concerns significant adverse environmental effects  consideration of nature conservation areas resulting from implementation of the plan. In and legally protected biotopes principle, the Site Development Plan will take marine environment concerns into account  Exclusion effect of wind turbines in more effectively when expanding power Natura 2000 areas, generation by means of offshore wind turbines  Exclusion effect of platforms in and the corresponding connecting lines. Natura2000 areas The specifications of the Site Development Plan will prevent negative effects on the  the principle of laying subsea cable development of the state of the environment of systems outside these areas as far as the Baltic Sea EEZ. This is due in particular to possible, the fact that there is always a need to expand  as little land usage as possible, ensured by offshore wind energy and the corresponding the planning principles connecting lines and that the corresponding infrastructure (wind farms, platforms and  economic area use when arranging wind subsea cable systems) would have to be turbines created even without an Site Development Plan  maximum possible bundling of subsea (see chapter 3). If the plan were not cable routes in the sense of parallel implemented, however, the uses would develop routing, without the space-saving and resource- conserving steering and coordination effect of  prevention of cable and pipeline the Site Development Plan. crossings, Moreover, the specifications of the Site  the planning principle for noise mitigation, Development Plan are subject to a continuous  the planning principle for sediment warming, optimisation process, as the knowledge obtained on a rolling basis within the framework  reduction of scour protection measures to a of the SEA and the consultation process is minimum so as to prevent having to taken into account when the plan is compiled. introduce artificial hard substrate Measures to prevent, mitigate and offset significant negative effects of the Site Development 47 Plan on the marine environment  specifications for the dismantling of structural suitability of the measuring equipment is installations, and to be demonstrated by accreditation in accordance with  consideration of best environmental practice DIN EN ISO/IEC 17025 with regard to in accordance with the OSPAR Convention ISO 18406:2017 and DIN SPEC and the state of the art. 45653:2017. The measures listed below serve to prevent  Noise mitigation measures: use of the and mitigate insignificant and significant relevant best available method negative effects in the specific implementation according to the state of the art in of the Site Development Plan. These mitigation science and technology in order to and prevention measures are specified and reduce the level of underwater noise so ordered by the competent licensing authority at as to comply with applicable noise project level for the planning, construction and protection specifications during the operation phases. installation of foundation piles, e.g. large bubble curtains, hydro silencers or 8.2 Areas and sites for offshore sheathing. These noise protection wind turbines measures must be specified in detail in The following measures to prevent and mitigate the individual approval procedures for significant and insignificant negative specific locations and installations. environmental effects must be taken into  Adaptation of the pile-driving process to account in the specific planning and location- and project-specific conditions construction of wind turbines: by control of the pile-driving energy and  When installing foundations, suitable impact frequency measures must be implemented to ensure that noise emissions (sound pressure SEL05) at a distance of 750 m does not exceed 160 decibels (dB re 1 μPa²s) and the peak sound pressure level does not exceed 190 decibels (dB re 1 μPa).  Adherence to pile-driving times, including aversive conditioning measures, of no more than 180 minutes during the insertion of monopiles and no more than 140 minutes per pile for jacket structures.  Monitoring activities during the construction phase, in particular by recording the underwater noise level during the installation of foundations. Monitoring of noise level and compliance with limits must be carried out by an accredited facility. The Measures to prevent, mitigate and offset significant negative effects of the Site Development 48 Plan on the marine environment  Noise prevention measures: use  Lighting that is as compatible as appropriate methods to prevent killing possible with nature during operation of and injuring fauna near the pile-driving the installations in order to reduce site: attraction as far as possible, taking into account the requirements of safe  Use of suitable deterrent devices shipping and air traffic and occupational such as the FaunaGuard system safety, e.g. switching obstruction lighting or, in special cases, "pingers" on and off as required, selection of and "seal scarers" suitable lighting intensities and spectra  "Soft-start procedure": delaying or lighting intervals the increase of pile-driving  Restriction of the introduction of hard energy should allow fauna in the substrate to a minimum vicinity of the pile-driving site to move away from the construction  Use of low-pollution paints site.  Use of traffic safety vehicles during the  Coordination of pile-driving work for construction and commissioning phases various projects in order to minimise in order to prevent collisions overall noise output times  Correct disposal of oil residues from  Consideration of the noise protection machinery, faeces, packaging, waste concept of the Federal Ministry for the and wastewater on land. Preparation of Environment, Nature Conservation and a "waste concept" for construction and Nuclear Safety (2013) operation  Assessment of alternative, low-noise  Compilation of emergency plans, foundation forms, such as suction including for accidents involving water- buckets or gravity foundations. The polluting substances during the environmental impact of alternative construction and operation phases forms of foundation must always be  Monitoring of possible effects on the assessed with regard to any additional marine environment due to the significant effects on the marine construction or operation of the environment, in particular due to the installations by means of mandatory introduction of continuous noise. ecological monitoring during the  Reduction of shipping traffic for construction and operation phase in construction and operation of accordance with StUK 4 installations and the associated acoustic  If, during planning or installation of and visual impairments to a minimum, plants, so far undiscovered ordnance is by optimum construction and time found on the seabed, corresponding planning protective measures must be taken.  Ensuring that no preventable emissions The above-mentioned avoidance and of pollutants, noise or light occur during reduction measures for areas and sites the construction or operation of the apply accordingly to other energy installation in accordance with the state production areas. of the art Measures to prevent, mitigate and offset significant negative effects of the Site Development 49 Plan on the marine environment 8.3 Platforms measures must be specified in detail in the individual approval procedures for The following measures to prevent and mitigate specific locations and installations. significant and insignificant negative environmental effects must be taken into  Adaptation of the pile-driving process to account in the specific planning and location- and project-specific conditions construction of platforms: by control of the pile-driving energy and impact frequency  When installing foundations, suitable measures must be implemented to  Noise prevention measures: use ensure that noise emissions (sound appropriate methods to prevent killing pressure SEL05) at a distance of 750 m and injuring fauna near the pile-driving does not exceed 160 decibels (dB re 1 site: μPa²s) and the peak sound pressure  Use of suitable deterrent devices level does not exceed 190 decibels such as the FaunaGuard system (dB re 1 μPa). or, in special cases, "pingers"  Adherence to pile-driving times, and "seal scarers" including aversive conditioning  "Soft-start procedure": delaying measures, of no more than 180 minutes the increase of pile-driving during the insertion of monopiles and no energy should allow fauna in the more than 140 minutes per pile for vicinity of the pile-driving site to jacket structures. move away from the construction  Monitoring activities during the site. construction phase, in particular by  Coordination of pile-driving work for recording the underwater noise level various projects in order to minimise during the installation of foundations. overall noise output times Monitoring of noise level and compliance with limits must be carried  Consideration of the noise protection out by an accredited facility. The concept of the Federal Ministry for the suitability of the measuring equipment is Environment, Nature Conservation and to be demonstrated by accreditation in Nuclear Safety (2013) accordance with  Assessment of alternative, low-noise DIN EN ISO/IEC 17025 with regard to foundation forms, such as suction ISO 18406:2017 and DIN SPEC buckets or gravity foundations. The 45653:2017. environmental impact of alternative  Noise mitigation measures: use of the forms of foundation must always be relevant best available method assessed with regard to any additional according to the state of the art in significant effects on the marine science and technology in order to environment, in particular due to the reduce the level of underwater noise so introduction of continuous noise. as to comply with applicable noise  Reduction of shipping traffic for protection specifications during the construction and operation of platforms, installation of foundation piles, e.g. large and the associated acoustic and visual bubble curtains, hydro silencers or sheathing. These noise protection Measures to prevent, mitigate and offset significant negative effects of the Site Development 50 Plan on the marine environment impairments, to a minimum by optimal magnetic field development of the cable construction and time planning systems is kept to a minimum due to the cable configurations specified in the Site  Ensuring that no preventable emissions Development Plan in accordance with the state of pollutants, noise or light occur during of the art. The planning principle for sediment the construction or operation of warming should ensure compliance with the "2K platforms in accordance with the state of criterion", i.e. a maximum permissible the art temperature increase of 2 K at a sediment  Lighting that is as compatible as depth of 20 cm. possible with nature during operation of Moreover, the following measures that help to the platforms in order to reduce prevent and mitigate environmental effects are attraction as far as possible, taking into to be implemented in the specific account the requirements of safe implementation of the individual projects: shipping and air traffic and occupational  Selection of the shortest possible route safety, e.g. switching obstruction lighting  Optimisation of route selection within the on and off as required, selection of framework of fine routing in order to suitable lighting intensities and light prevent and not effect known spectra or lighting intervals occurrences of particularly sensitive  Restriction of the introduction of hard biotopes as far as possible substrate to a minimum in accordance with section 30 of the Federal Nature Conservation Act  Use of low-pollution paints  Use of laying methods that protect the  Use of traffic safety vehicles during the soil as much as possible for installation construction and commissioning phases of the cable systems, depending on in order to prevent collisions sediment conditions and water depths  Correct disposal of oil residues from and taking into account the required machinery, faeces, packaging, waste minimum coverage and wastewater on land; preparation of  Use of cable types that develop electric a "waste concept" for construction and and magnetic fields that are as low as operation possible  Compilation of emergency plans,  Use of materials in cable systems that including for accidents involving water- are as eco-friendly as possible polluting substances during the construction and operation phases  Reduction of intersections to the required minimum  If, during planning or installation of the platforms, so far undiscovered ordnance  Use of inert, natural materials for filling is found on the seabed, corresponding and intersections that become protective measures must be taken. necessary  If, during planning or installation of 8.4 Sea cable systems subsea cable systems, so far Measures for prevention and mitigation must be undiscovered ordnance is found on the taken into account as early as the route seabed, corresponding protective planning and technical design stages. The measures must be taken. Measures to prevent, mitigate and offset significant negative effects of the Site Development 51 Plan on the marine environment The aim is to implement the following measures with a view to achieving the most eco-friendly design possible:  Investigation and presentation of the effects of platforms and subsea cable systems on the marine environment within the scope of a monitoring operation, including monitoring of coverage during the operating phase of the cables;  Evaluation of the monitoring results in respect of cumulative effects or interrelationships of various uses; Consideration of the monitoring results within the framework of the update, i.e. experience from implementation of the projects is used to continuously improve mitigation and prevention measures. 52 Investigated alternatives 9 Investigated alternatives projects. Conceptual/strategic design, the spatial location and technical alternatives In accordance with Art. 5 subsection 1 sentence therefore play a part at the planning level. 1 of the SEA Directive in conjunction with the In principle, it should be noted that preliminary criteria in Annex I of the SEA Directive and examination of possible and conceivable section 40 subsection 2 no. 8 UVPG, the alternatives is already inherent in all environmental report contains a brief specifications in the form of standardised description of the reasons for the choice of technical and planning principles. As can be reasonable alternatives examined. The seen from the justification of the individual reasonable alternatives under consideration are planning principles, in particular those relating explained below. Essentially, different types of to the environment – such as, for example, alternatives can be considered for an avoidance of threats to the marine environment, assessment of alternatives; in particular respect for protected areas, routing that is as strategic, spatial or technical alternatives. The bundled as possible and implementation that is prerequisite is always that these are reasonable as free from crossings as possible – the or can be seriously considered. principle in question is already based on Thus not all conceivable alternatives need to be consideration of possible public concerns and assessed. However, it is no longer sufficient to legal positions, so that a "preliminary identify, describe and evaluate only those assessment" of possible alternatives has alternatives that "seriously offer" or "impose" already been carried out. There are already a themselves. The obligation to investigate thus large number of different uses and legally extends to all alternatives that "are not protected concerns in the EEZ. There is also obviously ... remote" (Landmann/Rohmer, a "Regulation on Regional Planning in the 2018). Assessment of alternatives does not German EEZ in the Baltic Sea" of 10 December explicitly require the development and 2009, which defines objectives and principles, assessment of particularly eco-friendly to regulate the usage interests within the Baltic alternatives. Rather, the "reasonable" Sea EEZ. An overall assessment of the uses alternatives in the above sense should be and functions in the EEZ has already been presented in a comparative manner with regard carried out as part of the preparation of the to their environmental effects, so that Spatial Plan. The objectives and principles of consideration of environmental concerns the Spatial Plan have largely been adopted in becomes transparent when deciding on the the Spatial Plan and are being reviewed and alternative to be pursued (Stefan Balla, 2009). weighed against the specific regulatory issues At the same time, the effort required to identify of the concerns and rights presented in this and assess the alternatives under consideration procedure. must be reasonable. This means that the greater the expected environmental effects and Possible reasonable alternatives in detail: hence the need for planning conflict resolution, the more likely it is that comprehensive or detailed investigations will be required. By way of example, Annex 4 no. 2 UVPG refers to the assessment of alternatives with regard to the design, technology, location, size and scope of the project, but explicitly refers only to Investigated alternatives 53 The spatial location of the gates results from 9.1 Zero alternative the regional planning specifications and other planning considerations in the coastal states 9.2 Strategic alternatives adjoining the plans of the EEZ. In turn, the plans of the coastal states are based on the 9.3 Spatial alternatives routing to suitable high-voltage and ultra-high- As far as assessment of spatial alternatives is voltage grid connection points on land. On the concerned, the Site Development Plan defines other hand, a route at right angles or parallel to both spatial and textual specifications in the existing pipelines is chosen to cross the traffic form of planning principles and standardised separation areas. Since anchorage prohibition technical principles for areas and sites, subsea zones have already been established next to cable systems and platforms in the German the pipelines, few additional disturbances for Baltic Sea EEZ. To a large extent, these shipping are to be expected here. Under these requirements serve to ensure that uses are given conditions, there are no spatial designed to be as eco-friendly as possible and alternatives to the selected border corridors to that the different concerns and legal positions the territorial sea, since in the area between the are balanced in a manner that is in line with the traffic separation areas there is no more room various interests. Taking into account the for manoeuvre due to wind farms and pipelines above-mentioned existing uses and rights of that have already been consolidated or use, only a few feasible alternatives to these approved under planning law. The following specifications are apparent which, in an applies to the individual border corridors: objectively plausible manner, can be expected Border corridors N-I (Ems), N-II (Norderney) to have significantly lower environmental and N-IV (Büsum) have been taken over from effects. The spatial specifications of the Spatial the spatial development plan or the regional Plan fit in with the existing uses such as planning of the coastal states and have been shipping traffic, military usage, marine research, coordinated accordingly. For the border corridor etc. and the area designations defined for the N-III (Europipe 2), a state planning statement Baltic Sea EEZ within the framework of the by the state of Lower Saxony is available for the Spatial Plan and the BFO-N. This means that cross-border submarine cable system "NorGer". the planning of regions and sites, but also of platforms and routes, is limited from the outset. 9.3.1 Assessment of alternatives for areas Areas, sites and platforms are specified With regard to the assessment of alternatives according to the planning principles, taking into for areas, reference is made to the comments in account nature conservation sites and legally the FEP on the definition of the individual areas protected biotopes, as well as economic area (Chapter 5.1). There are no seriously use and distance regulations. considered alternatives to areas N-1 to N-13 The cable routes are planned to cover the based on the provisions of the current spatial shortest possible route in accordance with the development plan for the North Sea EEZ or planning principles, with a view to minimising conflicts with other uses, such as nature environmental impact, as long as there are no conservation areas or military training areas. overriding concerns to the contrary. The cable Areas north-west of the shipping route 10 as systems are also predominantly planned in defined by the spatial planning plan are not parallel with infrastructures (pipelines, cables, seriously considered as alternatives to the wind farms) applied for/approved/constructed areas designated in the FEP. With the so as not to slice up any additional spaces. designated areas N-1 to N-13 (areas N-4 and 54 Investigated alternatives N-5 are under consideration for possible decisive for the decision on the definition of the subsequent use) in the North Sea, there is on areas, among other things with regard to the one hand a coherent planning area, and on conflicts with other uses. In addition to the the other hand the areas northwest of shipping explanations in the FEP, possible conflicts are route 10 are significantly further from the coast. examined in detail here from a nature This results in a significant extension of the conservation perspective. respective necessary connection systems and The following criteria are used for the nature thus in any case in a greater impact on the conservation area comparison: seabed. In addition, the available data and information basis for the area northwest of  Distance to the nearest protected area shipping route 10 is considerably worse than for in km (differentiated according to FFH the area of the areas designated in the FEP and bird sanctuary) due to the lack of project-related monitoring data.  Location within/ outside the main In the Baltic Sea EEZ, too, no reasonable concentration area of loons alternatives to the areas O-1 to O-3 can be  Location inside / outside the main identified due to the provisions of the current distribution area of harbour porpoises spatial development plan for the Baltic Sea EEZ. In the territorial sea of Mecklenburg-  Affection of biotopes protected under Vorpommern, areas O-4, O-5 (area under section 30 BNatSchG and suspected consideration) and O-6 and a test site are areas on the site designated by administrative agreement. For these areas, reference is made to the SEA  Route of the connecting pipeline through assessments for the State Spatial Development a nature conservation area (EEZ) in km Programme Mecklenburg Pomerania  Route of the connecting pipeline through 9.3.2 Comparison of the sites with each § 30 biotope / § 30 suspected areas other (EEZ) in km Within the framework of the FEP (Chapter  Significance of the area for the 5.2.2), a comparison is made between the sites individual objects of protection (textual). designated in the FEP and those under examination with regard to the criteria that are Table 5. Site comparison using nature conservation criteria. Site Minimum distance Site inside the Site within the Affection of § Connection Connection (km) to the nearest main main porpoise 30 line through § 30 protected area concentration distribution biotopes/suspe through biotope / after area of loons area cted areas conservatio suspected areas FFH-Dir | VS-Dir n area (EEZ (share of EEZ share, km) route, km) N-3.7 26 21 No No Not known No No N-3.8 20 22 No No Not known No No O-1.3 9 13 - - Suspected area No No not confirmed N-7.2 28 58 No No Not known No Yes, 2 km suspected area Investigated alternatives 55 N-3.5 14 18 No No Not known No No N-3.6 11 21 No No Not known No No N-6.6 27 6 No No Not known No Ja, ca. 10 km* N-6.7 40 33 No No Not known No Ja, ca. 10 km* N-9.1 48 30 No No Not known No No N-9.2 48 50 No No Not known No No N-9.3 51 28 No No Not known No Ja, ca. 10 km* N-9.4 50 43 No No Not known No Ja, ca. 10 km* N-10.1 29 70 No No Not known No No N-10.2 34 66 No No Not known No No O-2.2 (in 12 23 - - Not known No No Prüfung) N-5.4 (in 5 17 Yes Yes Yes Yes, 157 km Yes, approx. 3 km den FEP- (Chap. sandbank + 13 km Entwürfen 9.3.3) suspected area 2019 in (Chap. 9.3.3) Prüfung) *compare Chapter. 9.3.4. 56 Investigated alternatives In detail: medium importance for harbour porpoises (cf. Ch. 2.8.3.1) and sea and resting birds (Ch. North Sea 2.9.3.1). This area is most frequently used by The designated sites N-3.7, N-3.8, N-3.5 and N- species of seabirds which are widespread 3.6 in area N-3 are located at a distance of throughout the North Sea. Disturbance- more than 10 km from the nearest nature sensitive species such as loons occur only reserve "Borkum Riffgrund". The smallest briefly in the areas in search of food and during distance to the main concentration area of the main migration periods. Due to the loons is around 40 km, and the main distribution occurrence of species of burrowing bottom area of harbour porpoises is at least 34 km megafauna, the benthic community is assigned away from the individual areas. According to average to above-average importance in the current knowledge, the areas are considered to area of the designated site N-7.2 (section be of medium importance for resting and 2.6.3.1). Based on current knowledge, the foraging birds (cf. 2.9.3.1). For harbour occurrence of legally protected biotopes is not porpoises, the importance of the areas in area to be expected in the N-7.2 site (Section N-3 is currently assumed to be medium to - 2.5.3.1). The connecting pipeline for the N-7.2 seasonally in spring - high. Monitoring results area runs outside nature conservation areas in for the area N-1 to N-3 show a significantly the EEZ at all events, but over a length of higher occurrence in the protected area around 2 km the pipeline crosses suspected "Borkum Riffgrund" with decreasing densities in areas of "species-rich gravel, coarse sand and an easterly direction (section 2.8.3.1). No schill". Based on the current state of occurrences of protected biotopes are known in knowledge, this means that at best only the area of the designated sites N-3.5, N-3.6, potential small-scale conflicts can be identified N-3.7 and N-3.8. Due to the only slight overlap with regard to the route of the connecting of the N-3 area with the "Borkum Riffgrund" pipeline. sandbank and the otherwise predominantly Sites N-6.6 and N-6.7 are also located far from homogeneous, fine to medium-sand nature conservation areas (min. 25 km) and at sedimentary conditions, the N-3 area as a a considerable distance from the main whole is accorded a low, and in the southwest concentration area of loons and the main sub-area average, importance with regard to distribution area of harbour porpoises (more the protected biotope types. than 55 km in each case). The areas are The connecting pipelines for all four areas run considered to be of medium importance both for in the EEZ outside nature reserves and outside harbour porpoises and for sea and resting known occurrences of legally protected birds. Due to the occurrence and ecological biotopes. Thus, according to current importance of the burrowing ground knowledge, no significant nature conservation megafauna, the benthic biocoenosis in the conflicts are discernible for the areas designated areas of area N-6 is attributed designated in area N-3. average to above-average importance (section Site N-7.2 is located at a considerable distance 2.6.3.1). Based on current knowledge, the from nature conservation areas (min. 28 km). designated sites N-6.6 and N-6.7 are not The main concentration area of loons and the expected to contain any legally protected main distribution area of harbour porpoises are biotopes (2.5.3.1). The connecting pipelines for both more than 50 km away from N-7.2. both areas in area N-6 run completely outside According to current knowledge, area N-7 is of nature conservation areas in the EEZ, and the routes cross the protected sandbank biotope Investigated alternatives 57 type over a length of around 10 km. Based on ground megafauna, benthos on these areas is current knowledge, potential conflicts are of average to above-average importance therefore conceivable with regard to the route of overall. The occurrence of legally protected the connecting pipeline, but less so with regard biotopes on the sites can be ruled out on the to the areas themselves. Reference is made to basis of the available information. Despite the the examination of alternatives to bypassing the occurrence of sediments, some of which have a sandbank in Section 9.3.4. high proportion of silt, and species of digging soil megafauna (Section 2.6.3.1), the absence The sites N-9.1 to N-9.4 are at a distance of at of sea feathers means that the legally protected least 28 km from the nearest protected area. biotope type "silt beds with digging soil The distance to the main distribution area of megafauna" can be ruled out. harbour porpoises is around 50 km, and even 54 km to the main concentration area of loons. The site N-5.4 described in the (preliminary) Overall, the areas are of medium importance for drafts of the FEP 2019 under review is at a the protected species of marine mammals and minimum distance of 5 km from the "Sylt Outer sea and resting birds. For the benthic species Reef - Eastern German Bight" nature protected, the areas are assigned average to conservation area; the distance to the nearest above-average importance due to the presence "Eastern German Bight" bird sanctuary is of species of digging bottom megafauna. The around 17 km. The area lies both within the occurrence of legally protected biotopes on the main concentration area of loons and in the sites can be ruled out on the basis of the main distribution area of harbour porpoises. available information. Despite the occurrence of Due to the partly extensive occurrence of the sediments, some with a high proportion of silt, biotopes "Sublittoral sandbank", "reefs" and and species of digging soil megafauna (Section "species-rich gravel, coarse sand and schill 2.6.3.1), the absence of sea feathers means beds", the site N-5.4, which is currently being that the legally protected biotope type "silt beds examined in the (preliminary) drafts of FEP with digging soil megafauna" can be ruled out. 2019, is of great importance with regard to the The connecting pipeline NOR-9-2 runs for just protected asset biotope types. In view of the under 10 km through the protected sandbank relatively high species diversity and the high biotope type, but in the EEZ it runs completely structural heterogeneity, the benthic community outside protected areas. Based on the current can be regarded as above average for the area state of knowledge, potential conflicts could as a whole. According to the current state of thus arise with regard to the route of the knowledge, the surroundings of area N-5.4, connecting pipeline (cf. also the assessment of which is currently under review in the alternatives to bypassing the sandbank in (preliminary) drafts of FEP 2019, are of great Chapter 9.3.4). importance to harbour porpoises and represent the core area of the identified main distribution Sites N-10.1 and N-10.2 are at a distance of at range of harbour porpoise in the German North least 29 km from the nearest protected area. Sea (BMU, 2013; cf. 2.8.3.1). For the protection The distance to the main distribution area of of sea and resting birds, the very high harbour porpoises is 30 km and to the main importance of the area surrounding the entire concentration area of loons 35 km. Overall, the N-5 area for the black-throated and black- areas are of medium importance for the throated divers listed in Annex I of the Birds protected species of marine mammals and sea Directive must be emphasised (cf. 2.9.3.1). and resting birds. Due to the ecological importance of the proven species of burrowing 58 Investigated alternatives Research and monitoring results unanimously possible decrease in migratory intensity with show that the avoidance behaviour of divers increasing distance from the coast. towards offshore wind farms and the associated Consequently, migratory birds are no longer habitat loss is much more pronounced than taken into account when comparing the areas in originally assumed. Current results from the the North Sea that have been designated and wind farm projects in area N-5 show significant are under examination. The same applies to mean avoidance distances of around 15 km in fish, for which the importance of the areas and the western sub-area (cf. Chapter 5.2.2.1). In sites can only be described in general terms on accordance with the precautionary principle and the basis of the available catch data and in order to exclude with the necessary certainty methods. The overview of species records by any hazard to the marine environment within area did not show any particular significance of the meaning of Article 5 (3) WindSeeG and any a specific area for the constant, common significant disturbance within the meaning of character species. Article 44 (1) No. 2 BNatSchG, the FEP - also The result shows that the sites N-9.1 to N-9.4 against the background of a further study on as well as N-10.1 and N-10.2 represent a divers now available - continues to refrain from reasonable alternative to the area N-5.4 designating site N-5.4, which is currently under examined in the (preliminary) drafts of the FEP review in the (preliminary) drafts of FEP 2019 2019, at least in terms of the nature (see Chapters 8.4 and 8.5 of the draft FEP). conservation issues examined here. The required connecting pipeline for the area N- Baltic Sea 5.4, which is currently being examined in the (preliminary) drafts of FEP 2019, runs in the The site O-1.3 in the Baltic Sea is located at a EEZ over a distance of 157 km and thus almost distance of almost 10 km from the nearest completely through the nature reserve "Sylt protected area "Pomeranian Bay - Rönnebank". Outer Reef - Eastern German Bight". It crosses According to the current state of knowledge, the known occurrences of the FFH-LRT benthic biocoenosis in the area of Area O-1.3 is "Sandbank" over a length of around 3 km and of medium importance overall (Section 2.6.3.1 over a distance of around 13 km of suspected Baltic Sea Environmental Information). In the areas of the § 30 biotope "Species-rich gravel, north-eastern area of site O-1.3, a residual coarse sand and schill grounds". In the sediment area with coarser sediments and procedure for the parallel connection system deposits of overgrown stones was identified. SylWin1, it became apparent that bypassing This suspected reef area was not confirmed in these KGS occurrences was problematic. From the course of the suitability test. For harbour a nature conservation point of view, this results porpoises, the area of site O-1.3 is of medium in considerable conflicts with regard to the site to seasonal importance in the winter months. N-5.4, which is being examined in the The importance results from the possible use (preliminary) drafts of the FEP 2019. by individuals of the Baltic Sea's separate and highly endangered harbour porpoise population. For migratory birds, the individual marine areas However, the area is used irregularly by in the area of N-1 to N-13 are of average to harbour porpoises for crossing, staying and as above-average importance overall. The current a source of food (section 2.8.3.1 Baltic Sea state of knowledge does not indicate any Baltic Sea Baltic Sea Unit). For seabirds, all significant differences between the individual findings to date indicate that the area O-1.3 is areas and zones. It is also not possible at of medium importance. Area O-1, in which the present to draw any final conclusion about a site is located, has a medium overall seabird Investigated alternatives 59 occurrence and also only a medium occurrence importance for harbour porpoises. The of endangered species and species requiring seasonally high importance of the area is due to special protection (section 2.9.3.1 Baltic Sea the potential use of the separate and highly Terminal). With regard to migratory birds, the endangered Baltic Sea population of harbour area of the O-1.3 site is of average importance porpoise by individuals during the winter for migrating waterfowl, and of average to months (section 2.8.3.1 Baltic Sea BU). All above-average importance for night migrators. findings to date indicate that the O-2 area is of A differentiated consideration is required for minor importance for seabirds. The area has a migratory birds. Known main migration routes low occurrence of endangered species and are undoubtedly of above-average importance. species requiring special protection (section The neighbouring areas of these main migration 2.9.3.1 Baltic Sea disaster area). Overall, the routes such as the area O-1.3 are probably of area of site O-2.2 under review is of average to average to above-average importance above-average importance for migrating depending on wind force and direction. In waterbirds. In particular, the baseline survey of strong westerly winds, cranes may drift from the the site south of O-2.2 revealed a high number main migration route into the area O-1 (Chapter of common scoter individuals. Thus, 8174 2.10.3.3 Baltic Sea sub-area). The route animals were counted in 2011. This means that connecting area O-1.3 runs in the EEZ outside approx. 1.5% of the biogeographic population protected areas and outside known passed through area O-2, which is of above- occurrences of protected biotopes. There are average importance for the Common Scoter indications of possible conflicts with bird migration. Most of the nocturnal bird migration migration in the O-1.3 site, and the suitability of takes place across a wide front across the the O-1.3 site is currently being reviewed. Baltic Sea. Due to the very high numbers of Based on the results of the SEA within the expected individuals and the significant framework of the suitability test, the need for proportion of endangered species, site O-2.2 is the establishment of guidelines to avoid a of average to above-average importance for significantly increased risk of collision for night migration. certain types of migratory birds is seen. A differentiated observation is necessary for The site under examination O-2.2 is located at crane migration. A total of 1231 migrating a distance of 12 km from the nearest nature cranes were recorded in area O-2 during reserve. The route connecting the area also autumn migration in 2008, which corresponds runs in the EEZ outside nature reserves and to about 3.1% of the resting population of outside known occurrences of protected Western Pomerania or 1.37% of the biotopes. The site O-2.2 has a low structural biogeographic population. The majority of these richness overall. No legally protected biotopes birds may have been displaced by north- are expected to occur in this site (Section westerly winds from a flight path from southern 2.5.4.1 Baltic Sea Environmental Report). The Sweden to south-eastern Rügen. The area O- area is of little significance for benthos. The 2.2 is located close to known main migration predominant benthic species are predominantly routes and is therefore probably of average to composed of species that regenerate rapidly above-average importance for bird migration, (Section 2.6.3.1 Baltic Sea BU). According to depending on wind strength and direction current knowledge, the area is used by harbour (Chapter 2.10.3.3 Baltic Sea Bird Area). Thus, porpoises as a transit area. On the basis of in relation to migratory birds as a protected available information, it is currently possible to asset, especially when viewed cumulatively, deduce that the O-2 area is of medium to high nature conservation conflicts are discernible in 60 Investigated alternatives the O-2.2 site. Questions which cannot yet be 9.4 Technical alternatives conclusively assessed need to be discussed It is the task of the FEP to define the necessary and clarified, for example on the issue of bird routes and locations for the entire network migration and species protection prohibitions topology in the German EEZ up to the border of (Article 44 of the Federal Nature Conservation the 12 sm zone within the framework of the Act), so that the definition of the O-2.2 site will existing framework conditions in terms of space be further examined within the framework of the and time with regard to the calendar years of continuation of the FEP.Alternative routes for commissioning. gates N-IV and N-V The TSO obliged to connect the offshore wind Alternative routes to Lower Saxony for gate N-II farms in the Baltic Sea to the grid has so far (Norderney) were assessed for the NOR-7-2 pursued a connection concept based on three- system, in addition to the route proposed in the phase current technology. When three-phase plan for gate N-IV/N-V. These are solely spatial technology is used, offshore wind farms are variants as they do not represent an alternative connected to the grid by combining the in temporal terms. Please see the alternative electricity generated by the individual wind assessment of NOR-3-2 and NOR-6-3 for NOR- turbines of one or more farms on a transformer 7-2 in the draft Site Development Plan in platform and from here via a three-phase chapter 5.5.2. submarine cable system directly onshore and In BFO-N 2016/2017, instead of NOR-7-2, the further to the grid connection point. In contrast connecting line NOR-5-2 led to boundary to the standard concept in the North Sea corridor (HVDC transmission), no separate converter N-V. Therefore, an alternative consideration of platform is required for the grid connection NOR-7-2 and NOR-5-2 for boundary corridor N- itself, thus saving space. However, in order to V is given here (see Fehler! Verweisquelle dissipate a given power output, a higher konnte nicht gefunden werden.). It should be number of cable systems is necessary when noted that the specification of region N-5 and using three-phase technology due to the lower site N-5.4 is still being assessed (see chapter transmission capacity of three-phase submarine Fehler! Verweisquelle konnte nicht cable systems. gefunden werden.). Due to the low wind farm capacity in the Compared with the NOR-7-2 and NOR-5-2 German Baltic Sea EEZ expected for routes for boundary corridor N-V, a significantly commissioning from 2026 compared to the higher number of crossings is required with capacity of an HVDC transmission system, a existing or planned cables or pipelines for the connection by means of a DC system would NOR-7-2 route. However, it also appears that probably lead to permanent vacancies. the route from NOR-5-2 to gate N-V, at a The transmission system operator plans, builds distance of 159 km, would be almost 70% and operates the transformer platform of the longer than the NOR-7-2 route (94 km). grid connection system. A separate platform of Moreover, NOR-5-2 would run almost entirely the offshore wind farm is unlikely to be within the nature conservation area and, in necessary due to its proximity to the coast and places, within or in the immediate vicinity of the transformer platform may also be used in known section 30 biotope occurrences. Overall, coordination with the TSO. In this way, the therefore, the proposed NOR-7-2 alternative is costs incurred by an additional platform for the expected to have less impact on the marine grid user as well as the associated additional environment than the route of NOR-5-2. Measures envisaged for monitoring the environmental impacts 61 space requirements and environmental impacts unforeseen adverse effects at an early stage during construction, operation and dismantling and take appropriate remedial action. can be avoided. Accordingly, in accordance with section 40 The offshore connection lines in the Baltic Sea subsection 2 no. 9 UVPG, the environmental are therefore basically designed similarly to the report is to specify the measures envisaged for connection concept known from the BFO-O monitoring the significant environmental effects based on three-phase current technology, of implementation of the plan. Monitoring is the whereby the responsibility for planning, responsibility of the Federal Maritime and construction and operation of the transformer Hydrographic Agency, which is the authority platform has been shifted to the transmission responsible for the Strategic Environmental system operator. Assessment (see section 45 subsection 2 UVPG). As intended by Art. 10 subsection 2 of Two of the grid connection systems already the SEA Directive and section 45 subsection 5 implemented by the TSO in the Baltic Sea area of the UVPG, existing monitoring mechanisms to connect offshore wind energy projects in the may be used to prevent duplication of O-3 area of the FEP and in the territorial sea monitoring work. According to section 45 are based on a transmission voltage of 150 kV. subsection 4 UVPG, the results of the For the other three systems currently being monitoring activities are to be taken into implemented to connect offshore wind farm account in the updating of the Site projects in the O-1 area, an increase of the Development Plan. transmission voltage to 220 kV has been implemented. By designing for a voltage level of With regard to the planned monitoring activities, 220 kV, the highest possible transmission it should be noted that the actual monitoring of capacity per cable system - for the three-phase the potential effects on the marine environment connection - can be realised and the can only begin when the Site Development Plan transmission task can be fulfilled with as few is implemented, i.e. when the decisions made cable systems as possible. Using a lower within the framework of the plan are transmission voltage would therefore lead to a implemented. Nevertheless, the natural higher number of cable systems and thus be development of the marine environment, less environmentally friendly. including climate change, should not be disregarded when assessing the results of A possible further increase of the voltage level monitoring activities. However, general is not necessary for the connection systems in research cannot be carried out within the the Baltic Sea EEZ due to the limited power to framework of monitoring. Therefore, project- be transmitted. Furthermore, an increase would related monitoring of the effects of the uses not lead to a reduction in the number of cable regulated in the plan is of particular importance. systems required. The main function of plan monitoring is to bring 10 Measures envisaged for together and evaluate the results of different monitoring the phases of monitoring at the level of individual projects or clusters of projects developed in a environmental impacts spatial and temporal context. The assessment The potential significant effects on the will also cover the unforeseen significant effects environment resulting from the implementation of the implementation of the plan, the marine of the plan are to be monitored in accordance environment and the review of the forecasts in with section 45 UVPG. The aim is to identify the environmental report. In this context, in 62 Measures envisaged for monitoring the environmental impacts accordance with section 45 subsection 3  Evaluation of measures to prevent and UVPG, the Federal Maritime and Hydrographic mitigate significant effects on the marine Agency will ask the competent authorities for environment, the monitoring results available there; these are  Development of norms and standards. required for implementation of the monitoring activities. The following data and information are required in order to assess the possible effects of the Results from existing national and international plan: monitoring programmes must also be taken into account, also with a view to preventing 1. Data and information available to the duplication of work. The monitoring of the Federal Maritime and Hydrographic Agency conservation status of certain species and within the scope of its responsibility: habitats required pursuant to Art. 11 of the  Data resources from previous EISs and Habitats Directive must also be included, as monitoring activities of offshore projects must the investigations to be carried out in the that are available to the Federal context of the management plans for the nature Maritime and Hydrographic Agency for conservation area "Pommeranian Bight – review (according to the Offshore Rönnebank". It will also provide links with the Installations Ordinance), measures provided in the Marine Strategy Framework Directive and the Water Framework  Data resources from the right of Directive. subrogation (according to WindSeeG), In summary, the planned measures for  Data resources from the preliminary monitoring the potential effects of the plan can investigations (according to WindSeeG), be summarised as follows:  Data resources from the construction  The collection of data and information that and operation monitoring of offshore can be used to describe and assess the wind farms and other uses, status of areas, factors and potential effects  Data from national monitoring, collected of the development of individual projects, by the Federal Maritime and  Development of suitable procedures and Hydrographic Agency or by the Leibniz criteria for evaluation of the results from Institute for Baltic Sea Research on effect monitoring of individual projects, behalf of the Agency,  Development of procedures and criteria for  Data from Federal Maritime and evaluation of cumulative effects, Hydrographic Agency research projects.  Development of procedures and criteria for 2. Data and information from the areas of forecasting possible effects of the plan in a responsibility of other Federal and State spatial and temporal context, authorities (on request):  Development of procedures and criteria for evaluating the plan and adapting or, where  Data from national monitoring of the appropriate, optimising it as part of the North Sea and the Baltic Sea (formerly update, BLMP),  Data from monitoring activities as part of the implementation of the Marine Strategy Framework Directive, Measures envisaged for monitoring the environmental impacts 63  Data from the monitoring of Natura 2000 When combining and evaluating the results sites, from monitoring at project level and from other national and international monitoring  Data provided by States from monitoring programmes, and from the accompanying activities in coastal waters, research, it will be necessary to review the gaps  Data from other authorities responsible in knowledge and uncertain forecasts presented for the authorisation of uses at sea in the environmental report. This applies in according to other legal bases, e.g. the particular to forecasts concerning assessment Federal Mining Act, maritime traffic of significant effects on the marine environment monitoring (AIS), fisheries monitoring from the uses regulated in the Site (VMS) Development Plan. The cumulative effects of defined uses are to be assessed regionally and 3. Data and information from Federal and supraregionally. State research projects, e.g.: 10.1 Monitoring of potential effects of  HELBIRD / DIVER, areas and sites for offshore wind  Sediment EEZ turbines The investigation of the potential environmental 4. Data and information from evaluations effects of areas and sites for offshore wind carried out within the scope of international energy is to be carried out at project level on committees and conventions the basis of the standard "Investigation of  HELCOM impacts of offshore wind turbines (StUK4)" and in coordination with the Federal Maritime and  ASCOBANS Hydrographic Agency. The results from the  AEWA investigations of the offshore wind farm projects are to be used as a basis for assessment of the  BirdLife International. locations with regard to the biological factors. For reasons of practicability and appropriate Monitoring during construction of foundations implementation of requirements from the by means of pile-driving work involves strategic environmental assessment, the measuring underwater noise and acoustic Federal Maritime and Hydrographic Agency will recordings of the effects of pile-driving noise on pursue an approach focusing on the marine mammals using POD measuring interdisciplinary compilation of information on instruments. Additional monitoring measures the marine environment that is as ecosystem- are also planned in order to assess the effects oriented as possible when monitoring the of the stratification of the water under certain possible effects of the plan. hydrographic conditions on the propagation of To be able to assess the causes of planned pile-driving noise in the Baltic Sea, and to allow changes in parts or individual elements of an further measures to be implemented if ecosystem, the anthropogenic variables from necessary. These measures may include spatial observation (e.g. technical information additional noise measurements coupled with on shipping traffic from AIS data resources) CTD measurements at different water depths in must also be considered and included in the order to detect possible changes in noise assessment. propagation attenuation due to stratification of the water body. 64 Measures envisaged for monitoring the environmental impacts Investigations are required for all factors in o ProBird, forecast of migratory bird accordance with the requirements of StUK4 for activity, the entire duration of the construction phase o ERa, field report on pile-driving noise, and for a period of between three and five years. o Schall [Noise] I and II, development No special monitoring is required during the of a specialist information system for operating phase. underwater noise, The Federal Maritime and Hydrographic o Schall [Noise] I and II, evaluation of Agency implements a whole range of projects underwater noise measurements. as part of its accompanying research into the The measures implemented to date include possible impacts of offshore wind turbines on development of measurement regulations for the marine environment. measuring underwater noise (2011), The Federal Maritime and Hydrographic development of measurement regulations for Agency's research projects directly related to determining the effectiveness of noise the possible effects on factors and the mitigation systems (2013), and cooperation on development of norms and standards include the development of ISO 18406:17 and DIN the following: SPEC 45653.  Project ANKER "Approaches to cost The results from ongoing Federal Maritime and reduction in the surveying of monitoring data Hydrographic Agency projects will be directly for offshore wind farms", FKZ 0325921, with incorporated into the further development of funding from the Federal Ministry for standards, such as the development of StUK5. Economic Affairs and Energy/PtJ, 10.2 Monitoring of potential effects of  R&D study BeMo "Evaluation approaches for platforms underwater noise monitoring in connection with offshore licensing procedures, regional The same monitoring measures as stated in development and the Marine Strategy 10.1 are to be applied to the platforms provided Framework Directive", with funding from the for in the Site Development Plan. Federal Ministry of Transport and Digital Infrastructure/Federal Maritime and 10.3 Monitoring of the potential Hydrographic Agency, effects of sea cables  R&D project "Sound mapping", with funding As for submarine cable systems, the potential from the Federal Ministry of Transport and impact on the marine environment can only be Digital Infrastructure/Federal Maritime and assessed in the specific project. For the first Hydrographic Agency, time, StUK4 (standard examination concept 4) also contains minimum requirements for the  R&D cooperation, NavES "Eco-friendly investigation of submarine cable routes with offshore developments", with funding from regard to benthos, biotope structure and the departmental research plan of the biotope types during the baseline survey and Federal Ministry for the Environment, Nature the operational phase of the submarine cable Conservation and Nuclear Safety; several systems. For example, during the baseline sub-projects belong to NavES: survey, each biotope structure determined by o MultiBird, investigation of the collision sediment investigations along the cable route risk of migratory birds, must be covered by at least three cross- Measures envisaged for monitoring the environmental impacts 65 transects for the benthos investigations. In in the EEZ. The pooling of information leads to addition, one cross-transect each must be an increasingly solid basis for impact placed at the start and end points of the route. forecasting. Each cross-transect in turn consists of five The general intention is to keep data from stations. Identified suspected areas of biotopes research, projects and monitoring consistent protected according to § 30 BNatSchG are to and to make it available for competent be additionally investigated for spatial evaluation. In particular, the creation of joint delimitation according to the current mapping overview products for the verification of the instructions of the BfN. plan's impacts is to be aimed at here. The After the cable system has been laid, its spatial data infrastructure already in place at location has to be verified to the licensing the BSH, with data from physics, chemistry, authority in accordance with current licensing geology and biology, as well as use of the sea, practice in the first five years of operation by at will be used as a basis for the compilation and least one survey per year. The number of evaluation of ecologically relevant data and will surveys in the following years is determined by be further developed accordingly. the licensing authority on a case-by-case basis. With regard to the compilation and archiving of The surveys with regard to the marine ecologically relevant data from project-related environment are to be performed in monitoring and accompanying research, it is coordination with the licensing authority on a planned in detail that data collected in the project-specific basis. As far as possible, the course of accompanying ecological research investigation methods shall be described as will also be compiled in the BSH and archived described in the "Standard - Investigation of the in the long term. The data on biological assets Impacts of Offshore Wind Turbines on the from baseline surveys of offshore wind energy Marine Environment (StUK4)". One year after projects and from monitoring of the construction commissioning of the submarine cable systems, and operating phases are already being investigations of the benthic biotic communities collected and archived at the BSH in a on the same transects as in the baseline survey specialist information network for environmental are to be carried out to verify possible impacts assessments, known as MARLIN (MarineLife of the construction and operation phase. Investigator).. To monitor the implementation of the plan, measures are also planned which will help to verify the forecasts made with regard to significant impacts of offshore wind energy and, if necessary, to adjust utilisation strategies and planned avoidance and mitigation measures or to review evaluation criteria, in particular with regard to cumulative effects. Within the framework of the SEA for the plan, new findings from the environmental impact studies and from the joint evaluation of research and EIA data are used (cf. Chapter 2). A joint evaluation of research and EIA data also produces products that provide a better overview of the distribution of biological assets 66 Non-technical summary 11 Non-technical summary purposes of the plan. The FEP has the character of a sectoral plan. §§ Under Sections 4 et seq. of the Wind Energy As an important control instrument, the sectoral at Sea Act (WindSeeG), the BSH prepares a plan is designed to plan the use of offshore site development plan (FEP) in agreement with wind energy in a targeted and as optimal as the Federal Network Agency (BNetzA) and in possible by defining areas and sites as well as coordination with the Federal Agency for Nature locations, route and route corridors for grid Conservation (BfN), the Directorate-General for connections or for cross-border submarine Waterways and Shipping (GDWS) and the cable systems. coastal Länder. The FEP contains provisions for the expansion The FEP was first drawn up in 2018 and 2019 of offshore wind energy plants and the offshore and was published on 28 June 2019 and is connection lines required for this purpose for currently being updated. When the FEP was the period from 2026 to at least 2030 with the drawn up, a detailed environmental assessment aim of was carried out in accordance with the Environmental Impact Assessment Act (UVPG),  to achieve the expansion target under § 4 the so-called Strategic Environmental No. 2b of the EEG, Assessment (SEA). The environmental reports  expand electricity generation from offshore were also published on 28.06.2019. The wind turbines in a spatially ordered and performance of a Strategic Environmental space-saving manner, and Assessment with the preparation of an  to ensure the orderly and efficient use and environmental report is based on § 35 para. 1 utilisation of offshore connecting lines and no. 1 UVPG in conjunction with No. 1.17 of to plan, construct, commission and use Annex 5, as site development plans are subject offshore connecting lines in parallel with to the SEA obligation under Article 5 the expansion of electricity generation from WindSeeG. In principle, this also applies if the wind turbines at sea. FEP is updated or amended. Within the framework of the central model, the The SEA for the FEP 2019 does not formally FEP is the control instrument for the orderly include new areas and the definition of new expansion of offshore wind energy in a staged areas or other energy production areas. Thus, a planning process. The FEP SEA is linked to strategic environmental assessment must be upstream and downstream environmental carried out for the definitions that have not yet assessments. The FEP classifies itself as been reviewed, as it is in any case not possible sectoral planning in accordance with the higher- to rule out the possibility of anticipated level regional planning. In the next step, the significant environmental impacts. Insofar as areas for offshore wind energy plants defined in new findings on existing provisions are the FEP are pre-examined. If the suitability of a available and relevant, these will also be taken site for the use of offshore wind energy is into account. established, the site is put out to tender and the The main document of the SEA is the present winning bidder can submit an application for environmental report. It identifies, describes approval (planning approval or planning and assesses the likely significant effects that permission) for the construction and operation the implementation of the FEP will have on the of wind energy plants on the site. There is no environment and possible alternative planning preliminary investigation for the defined options, taking into account the essential platform sites and cable routes. Non-technical summary 67 With regard to the character of the FEP as a the specifications in terms of time as the controlling planning instrument, the scope of the chronological order of the call for tenders or the assessment of presumably significant calendar years of commissioning that are environmental impacts is characterised by a relevant here, since these do not cause any larger scope of investigation and, in principle, a further environmental impacts compared to the smaller depth of investigation. Just as with the spatial specifications. Although some planning instrument of maritime spatial planning, the and engineering principles serve, among other focus of the assessment is on the evaluation of things, to reduce environmental impacts, they cumulative effects and the examination of may also lead to impacts themselves, so that alternatives. an assessment is required. The establishment, updating and amendment of The assessment of the likely significant the FEP and the implementation of the SEA will environmental effects of the implementation of be carried out with due regard for the objectives the FEP includes secondary, cumulative, of environmental protection. These provide synergistic, short-, medium- and long-term, information on the environmental status that is permanent and temporary, positive and to be achieved in the future (environmental negative effects in terms of the goods to be quality objectives). The objectives of protected. environmental protection can be seen in an The basis for assessing potential impacts is a overall view of the international, Community detailed description and assessment of the and national conventions and regulations which environmental status. The SEA has been deal with marine environmental protection and carried out with regard to the following objects on the basis of which the Federal Republic of of protection: Germany has committed itself to certain principles and objectives.  Area Strategic Environmental Assessment  Floor methodology  Water In the present environmental report, the  Plankton methodology of the SEA of the Federal Sectoral Plans Offshore (BFO), which has already been  Biotope types used as a basis, is built on and further  Benthos developed with a view to the additional  Fish specifications made in the FEP that go beyond the BFO.  Marine mammals The methodology is based primarily on the  Avifauna provisions of the plan to be examined. Within  bats the framework of this SEA, it is determined,  Biological diversity described and evaluated for each of the specifications whether the specifications are  Air likely to have significant impacts on the objects  Climate of protection concerned. The subject matter of the environmental report corresponds to the  Landscape specifications of the FEP as listed in Article 5  cultural heritage and other tangible assets para 1 WindSeeG. However, it is not so much 68 Non-technical summary the consideration of the protected areas. In  people, in particular human health order to depict the spectrum of possible  Interactions between protected goods (realistic) developments, the assessment is essentially based on a range of individual The description and assessment of the likely parameters. This enables the most significant environmental impacts is carried out comprehensive possible description and separately for areas and land, platforms and assessment of the current planning status with submarine cable systems. Furthermore, where regard to the protected interests. necessary, a differentiation is made according Regarding the areas, irrespective of the to different technical designs. The description concrete definition in the plan and the and assessment of the probable significant probability of implementation in the Baltic Sea impacts of the implementation of the FEP on EEZ, a total of 3 areas are assumed in the the marine environment also refers to the sense of a worst-case consideration. In protected assets described. All plan contents accordance with § 5 para. 1 no. 5 WindSeeG, which may potentially have significant the expected capacity of offshore wind energy environmental impacts are examined. plants to be installed is to be specified in the The effects of construction and dismantling as FEP for the areas or specifically for the areas. well as the effects of plant and operating Although one or more layouts for offshore wind conditions are considered. In addition, effects farm planning are not taken as a basis for that may arise in the course of maintenance determining the expected installed capacity, and repair work are also taken into account. certain parameters such as number of turbines, This is followed by a description of possible hub height, height of the lower rotor tip, rotor interactions, a consideration of possible diameter, total height, diameter of foundation cumulative effects and potential cross-border types and scour protection are assumed in this impacts. SEA for a consideration related to the An assessment of the impacts caused by the protection of the environment. FEP's specifications is carried out on the basis Also, when examining the sites for platforms, of the status description and status assessment certain parameters are taken as a basis, such and the function and significance of the as the number of platforms or the length of the individual areas, sites and routes for the park's internal cabling. When determining individual objects of protection on the one hand, routes and route corridors for submarine cable and the impacts emanating from these systems, certain widths of the cable trench and specifications and the resulting potential the number and area of the crossing structures impacts on the other. A forecast of the project- and platforms are assumed. related impacts when the FEP is implemented According to § 5 Para. 2a WindSeeG, the FEP is based on the criteria of intensity, scope and can also make specifications for "other energy duration of the effects. production areas" for a total of 40 to 70 km². Within the framework of the impact prognosis, Pursuant to § 3 No. 8 WindSeeG, another specific framework parameters for areas and energy production area is an area outside areas sites, for platform locations and for cable routes where offshore wind energy turbines and other are used as a basis for evaluation. Although no energy production facilities can be erected in a wind farm layouts are specified in the FEP to spatial context. The installations may not be determine the expected installed capacity, connected to the public grid. Within the certain parameters are assumed in the SEA for framework of the strategic environmental Non-technical summary 69 assessment, a "classic" offshore wind farm is these impairments will probably only have a assumed on the basis of the knowledge gained small-scale effect and are limited in time. Due to date with regard to electricity generation. to the nature of the plant, changes in the Environmental impacts beyond this are strongly species composition may occur as a result of dependent on the respective use variant and local land sealing and the introduction of hard are therefore comprehensively examined at the substrates in the immediate vicinity of the approval level. In this respect, the SEA for the building. As the colonisation of the artificial hard other areas of energy generation is carried out substrates is associated with an accumulation in the same way as the assessment of areas for of organic material, a local lack of oxygen may offshore wind energy. occur due to the biological degradation process. In the Baltic Sea EEZ, the current draft FEP The laying of the submarine cable systems is proposes SEO-1 as a possible other energy also only expected to cause small-scale production area. The other energy production disturbances of the benthos by sediment area SEO-1 is under examination due to upheavals and turbidity plumes in the area of possible conflicts of use with regard to nature the cable route. Possible effects on the benthos conservation issues, in particular bird migration. depend on the installation methods used and the geological and hydrographic conditions. Benthos With the comparatively gentle installation using The inventory of species in the Baltic Sea EEZ, the flushing method, only minor disturbances of with its approximately 250 macrozoobenthos the benthos in the area of the cable route are to species, can be regarded as average. The be expected. Local sediment shifts and turbidity benthic communities are also typical for the plumes are to be expected during the laying of Baltic Sea EEZ and for the most part do not the submarine cable systems. In more cohesive exhibit any special features. According to the soils, the cable systems are milled in or laid currently available studies, the with a heavy plough. These procedures are macrozoobenthos of the Baltic Sea EEZ is also also associated with disturbance of the considered average due to the proven number sediment and benthic fauna and sediment of Red List species. Investigations of turbulence. macrozoobenthos in the context of the licensing In areas with a lower proportion of fine grains, procedures for offshore wind farms and grid most of the released sediment will settle connections from 2002 to 2015 have confirmed relatively quickly in the immediate vicinity of the this assessment. The species inventory found cable route. In areas with soft sediments and and the number of Red List species indicate an correspondingly high fine-grain content, the average importance of the study area for near-bottom currents are relatively low, so that benthic organisms. only temporary, local effects can be expected Deep foundations of wind turbines and for these areas as well. In the short term, platforms cause small-scale and short-term pollutants and nutrients may be released from disturbances of the seabed, sediment the sediment into the soil water. The potential upheavals and the formation of turbidity release of pollutants from the sandy sediment is plumes. The resuspension of sediment and the negligible. In the area of silty and clayey subsequent sedimentation can lead to an seabeds, a significant release of pollutants from impairment or damage of the benthos in the the sediment into the bottom water can occur. immediate vicinity of the foundations for the The pollutants generally adhere to sinking duration of construction activities. However, particles which, due to the low currents in the 70 Non-technical summary Baltic Sea basins, hardly drift over long released during construction, and potential distances and remain in their original habitat changes. Direct claiming of nature environment. In the medium term, this conservation areas is generally not permitted remobilised material is deposited again in the for wind turbines and platforms. In accordance silty basins. with the planning principles of the FEP, known occurrences of protected biotopes are to be Benthic habitats are directly overbuilt in the avoided as far as possible in accordance area of necessary rock fills for cable crossings with Article 30 BNatSchG, or treated with or where it is locally necessary to lay cable particular importance in the specific approval sections on the seabed. The resulting habitat procedure. In addition, the planned route of the loss is permanent but small-scale. The result is pipeline bypasses the currently known a non-native hard substrate that can cause occurrences of reefs and suspected reef areas. changes in species composition on a small scale. Owing to the predominant sediment composition in areas where occurrences of Due to operational conditions, the uppermost protected biotope types are to be expected, sediment layer of the seabed directly above the impairments due to overburdening are likely to cable system may become warmer, which may be small-scale, as the released sediment will lead to impairments of benthic communities. settle quickly. Due to the prevailing low ground- With the planning principle for sediment level currents, even in areas with soft warming, the FEP stipulates that the 2 K sediments, turbidity plumes which clearly criterion must be met. According to BfN's exceed natural suspended sediment maxima assessment, this precautionary value ensures can only be expected up to a distance of about with sufficient probability, based on current 500 m. The released material remains in the knowledge, that significant negative impacts of water column long enough to be distributed cable heating on the marine environment are over a large area, so that due to the avoided. comparatively low volumes, hardly any As things stand at present, the planned detectable thickness of the deposited material transformer or collection platforms and can be expected. Simulations show that the submarine cable routes are not expected to released sediment will have settled again after have any significant impacts on the protected max. 12 hours. Thus, according to the current resource benthos if the 2 K criterion is met. state of knowledge, the impairments will Only very small-scale areas outside of generally remain small-scale and temporary. protected areas will be used. Due to the usually Permanent habitat changes are limited to the rapid regenerative capacity of the existing immediate vicinity of foundations and rock fills, populations of benthic organisms with short which are required in the case of cable laying generation cycles and their widespread on the seabed and cable crossings. Stone distribution in the German Baltic Sea, rapid rubble permanently represents a hard substrate recolonisation is very likely. that is foreign to the site. This provides new Biotope types habitats for benthic organisms and can lead to Possible impacts of wind turbines, platforms a change in the species composition. These and submarine cable systems on the protected small-scale areas are not expected to have any asset biotope types can result from direct use of significant impact on the protected biotope protected biotopes, possible covering by types. In addition, the risk of a negative impact sedimentation of construction-related material on the benthic soft soil community by species Non-technical summary 71 untypical of the area is low, since it is highly construction phase, fish may be temporarily likely that the species will be recruited from frightened away by noise and vibrations. Noise natural hard substrate habitats. during the construction phase must be reduced by appropriate measures. Further local impacts Fish on the fish fauna may be caused by the According to current knowledge, the fish additional hard substrates introduced as a communities typical of the habitat occur in the result of possible changes in benthos. Sediment German EEZ. The pelagic fish community, warming and magnetic fields that could represented by herring, sprat, salmon and sea emanate from submarine cables are also not trout, has been identified, as has the demersal expected to have any lasting effects on mobile fish community, consisting of large fish species fish fauna. such as cod, plaice, flounder and dab. Due to Marine mammals the habitat-typical fish communities, the fish fauna is of average importance with regard to The areas and zones defined in the FEP in the its specificity. In the eastern part of the EEZ, a Baltic Sea EEZ are part of the harbour porpoise total of 45 fish species have been identified in habitat, as is the whole of the Western Baltic various studies, including 6 Red List species. Sea. According to current knowledge, these According to current knowledge, the planned areas are used by harbour porpoises as transit sites do not represent a preferred habitat for areas. There is currently no evidence that the any of the protected fish species. As a result, areas and sites have any particular function as the fish stock in the planning area is not feeding grounds or breeding grounds for ecologically significant compared to harbour porpoises. Seals and grey seals only neighbouring marine areas. According to sporadically use the three areas O-1 to O-3 as current knowledge, the planned construction of transit areas. On the basis of the findings from wind farms and the associated platforms and the monitoring of Natura 2000 areas and from sea cable routes are not expected to have a studies for offshore wind farms, it can currently significant impact on the protected fish species. be deduced that areas O-1 and O-2 are of The effects on the fish fauna during the medium to seasonal importance for harbour construction of the wind farms, platforms and porpoises. The seasonally high importance of submarine cable systems are limited in space the area results from the possible use by and time. During the construction phase of the individuals of the separate and highly foundations, the platforms and the laying of the endangered Baltic Sea population of harbour submarine cable systems, the fish fauna may porpoise during the winter months. For harbour be temporarily affected in small areas by seals and grey seals these areas are of no sediment turbulence and the formation of particular importance. turbidity plumes. Due to the prevailing sediment Hazards to marine mammals can be caused by and current conditions, the turbidity of the water noise emissions during the installation of the is expected to decrease again quickly. Based foundations of transformer or collection on the current state of knowledge,the platforms. Without the use of noise-reducing impairments will therefore remain small-scale measures, considerable disturbance to marine and temporary. Overall, small-scale impacts on mammals during pile driving in individual adult fish can be expected to be minimal. In subspaces cannot be ruled out. In the specific addition, the fish fauna is adapted to the natural approval procedure, therefore, the driving of sediment turbulence caused by storms that is piles of the transformer or collection platforms typical for this area. Furthermore, during the will only be permitted with the use of effective 72 Non-technical summary noise abatement measures. For this purpose, habitats of the Pomeranian Bay and the Adler the FEP will stipulate the principle of noise Ground. Overall, the area has a medium reduction in the text. seabird occurrence and a medium occurrence of endangered and particularly worthy of This states that the installation of the protection species. According to current foundations is only to be carried out in knowledge, areas O-2 and O-3 are of minor compliance with strict noise reduction importance as feeding and resting habitats for measures. In the specific approval procedure, seabirds. Both areas have a low occurrence of extensive noise reduction measures and endangered species and species requiring monitoring measures are ordered to ensure special protection. They do not belong to the compliance with applicable noise protection main resting, feeding and wintering habitats of values (sound event level (SEL) of 160 dB re species listed in Annex I of the directive. Due to 1µPa²s and peak level of 190 dB re 1µPa at a the depth of the water and the composition of distance of 750 m around the pile driving or the ground, all three areas are of limited placement site). Suitable measures are to be importance as feeding grounds for diving sea taken to ensure that no marine mammals are ducks. Like divers, they use the areas mainly as present in the vicinity of the pile-driving site. transit areas. Due to the distance to the coastal According to current knowledge, significant breeding colonies, the areas are of no particular impacts on marine mammals caused by the importance as feeding grounds for breeding operation of the transformer or collection birds. platforms can be excluded. In the first place, disturbances for sea birds and The exclusion of the construction of transformer resting birds during the construction phase are and assembly platforms in Natura 2000 sites caused by light emissions and visual contributes to reducing the risk to harbour disturbance. These can cause different species- porpoises in key feeding and breeding areas. specific chasing and barrier effects. Direct The construction and operation of the planned disturbances in the construction phase are to transformer or collection platforms is not be expected locally and for a limited period of expected to have any significant adverse time. Due to the high mobility of birds, effects on marine mammals at present, significant effects can be ruled out with a high following implementation of the mitigation degree of certainty. During the construction measures to be ordered in individual phase, which is limited in time, no significant procedures in accordance with the planning impacts on sea birds or resting birds are to be principle and corresponding compliance with expected, either through the construction of the applicable noise protection values. Nor are any planned wind energy plants and platforms or significant impacts on marine mammals to be through the laying of the planned submarine expected from the laying and operation of cable systems. Construction-related scare submarine cable systems. effects are local and do not go beyond the Seabirds and resting birds disturbances generally associated with slow The individual areas for offshore wind energy in ship movements. the Baltic Sea EEZ have different importance For certain bird species, wind farms and for sea birds and resting birds. Overall, area O- platforms will have a permanent but, according 1 is expected to be of medium importance for to current knowledge, not significant disturbing seabirds. The area touches the southern and and chasing effect. A possible collision risk for south-eastern edges of the extensive resting species at risk of collision can be excluded with Non-technical summary 73 the necessary safety through species-specific Potential cumulative effects caused by the wind behaviour and possible plant configurations. turbines, transformer and collection platforms in Due to the exclusionary effect of wind farms conjunction with other planned offshore wind and platforms in Natura 2000 areas, habitat farms are dealt with in the section on losses in important habitats are reduced. cumulative effects. As a result, significant impacts caused by the During the construction phase, which is limited construction or relocation of platforms, wind in time, no significant impacts on migratory energy plants and submarine cable systems as birds are to be expected from the erection of well as by the respective operation on the the planned wind turbines, transformer or protected property of sea and resting birds can collection platforms or from the laying of the be excluded with the necessary safety. planned submarine cable systems, according to current knowledge. Construction-related Migratory birds deterrent effects are local and do not go beyond The EEZ of the Baltic Sea is of average to the disturbances generally associated with slow above average importance for bird migration. ship movements. Up to one billion birds migrate across the Baltic bats Sea every year. The Baltic Sea is an important transit area for sea ducks and geese from Migration movements of bats across the Baltic Northern Europe and Russia (as far as Western Sea have been documented in various ways, Siberia), with much of the migration in autumn but concrete information on migratory species, taking place in an east-west direction close to migration corridors, migration heights and the coast. The western Baltic Sea is flown over migration concentrations is still missing. by several species requiring special protection Previous findings only confirm that bats, (e.g. White-cheeked Goose, Whooper Swan, especially long-distance migratory species, Eider, Scoter and Velvet Scoter) at sometimes migrate across the Baltic Sea. Based on high intensities. Thermal gliders and other observations to date, it is assumed that bats tagging land birds prefer to migrate along the tend to migrate across the sea in "bird flight line" (islands of Fehmarn, Falster, concentrations (swarms), probably at Møn and Seeland, Falsterbo). East of this main considerable flight altitudes and on regularly route, these birds migrate at a much lower used migration routes. density. The western Baltic Sea is of above- Hazards can be caused to bats during the average importance for crane migration. operational phase of wind turbines and Possible effects of the planned wind farms and platforms. The sensitivity of bats to structures transformer or collection platforms for migratory on land and the associated risk of collisions is birds may be that they represent a barrier or a well known, as is the risk of collision with wind risk of collision. In the clear weather conditions turbines. Furthermore, possible barrier effects preferred by birds for their migration, the as well as habitat or attraction effects on land probability of collision with a wind turbine, are also known. However, the effects of transformer or collection platform is low. Poor offshore structures are largely unknown. weather conditions increase the risk. It can be A cumulative consideration of the hazard risk is assumed that any negative impacts can be currently not possible due to a lack of reliable reduced by ensuring that lighting is as data. compatible as possible during operation of wind turbines, transformer or collection platforms. Air quality 74 Non-technical summary The construction and operation of the platforms to a small-scale change in the food supply. and the laying of submarine cable systems as Furthermore, the areas and land included in the part of the implementation of the FEP will have FEP are not considered to be of particular no measurable impact on air quality. importance for protected goods at the higher food web level. Biological diversity Due to the variability of the habitat, interactions Biological diversity encompasses the diversity can only be described in a very imprecise of habitats and biotic communities, the diversity manner overall. In principle, it can be stated of species and genetic diversity within species that, according to the current state of (Art. 2 Convention on Biological Diversity, knowledge, no interactions are discernible that 1992). The public focus is on species diversity. could result in a threat to the marine With regard to the current state of biodiversity in environment. the Baltic Sea, it should be noted that there are Cumulative effects countless indications of changes in biodiversity and species structure at all systematic and Soil, benthos and biotope types trophic levels in the Baltic Sea. These are A substantial part of the environmental impacts mainly due to human activities, such as fishing caused by the areas and surfaces, platforms and marine pollution, or to climate change. Red and submarine cable systems on soil, benthos lists of endangered animal and plant species and biotopes will occur exclusively during the have an important monitoring and warning construction period (formation of turbidity function in this context, as they show the status plumes, sediment shifting, etc.) and on a of the populations of species and biotopes in a spatially narrowly defined area. Particularly due region. Possible impacts on biodiversity are to the gradual implementation of the dealt with in the environmental report in construction projects, construction-related connection with the individual objects of cumulative environmental impacts are not very protection. In summary, according to current likely. knowledge, the planned expansion of offshore wind energy and the associated grid expansion Possible cumulative impacts on the seabed, are not expected to have any significant impact which could also have a direct impact on the on biodiversity. benthos and specially protected biotope types to be protected, result from the permanent Interactions direct land use of the foundations of the wind In general, impacts on a protected good lead to turbines and platforms and from the cable various consequences and interactions systems laid. The individual impacts are between the protected goods. The essential basically small-scale and local. interdependence of the biotic objects of To estimate direct land use, a rough calculation protection exists via the food chains. Possible is made on the basis of the areas/areas, interactions during the construction phase result platforms and submarine cable systems from sediment rearrangements and turbidity planned in the RDP in conjunction with existing plumes, as well as noise emissions. However, installations and planning under the transitional these interactions occur only very briefly and system. The calculated land use is based on are limited to a few days or weeks. ecological aspects, i.e. the calculation is based Plant-related interactions, e.g. through the on the direct ecological loss of function or the introduction of hard substrate, are permanent, possible structural change in the area caused but only locally to be expected. This could lead by the installation of foundations and cable Non-technical summary 75 systems. In the area of the cable trench, be significantly affected by the fact that, if pile- however, the impact on sediment and benthic driving takes place simultaneously at different organisms will be essentially temporary. In the locations within the EEZ, there may not be case of crossing particularly sensitive biotope sufficient space to evade and retreat. So far, types such as reefs, a permanent impairment there is a lack of sufficient experience regarding would have to be assumed. the temporal and spatial overlap in the propagation of ramming noise. On the basis of a model assumption, the planning of the FEP and the transitional system, However, it is clear from the presentations of as well as the actual stock of wind energy the FEP that the individual offshore wind farms plants, submarine cables, rockfill and platforms, and the grid connection systems will be built occupy a total of approx. 90 ha of land or, in the gradually, i.e. in stages, over the coming years, case of submarine cables, temporarily impair it. rather than simultaneously. This is a share of well below 0.2‰ of the total Seabirds EEZ area. In comparison, about 55% of the Baltic Sea EEZ is protected. Since the Vertical structures such as platforms or offshore construction of wind turbines and platforms in wind turbines can have different effects on nature reserves is generally not permitted, the resting birds, such as loss of habitat, an spatial use of the protected areas is limited to increased risk of collision or a chasing and submarine cable routes. Due to the lack of a barrier effect. For resting birds, the loss of reliable scientific basis, no statement can be habitat due to the construction of several made at present about the use of specially structures can be particularly significant. protected biotope types under Article 30 In particular, endangered and disturbance- BNatSchG. An area-wide sediment and biotope sensitive seabird species such as loons need to mapping of the EEZ currently being carried out be taken into account with regard to cumulative will lead to more reliable information in future. effects. For disturbance-sensitive species, In addition to the direct use of the seabed and impacts from shipping traffic (including thus of the habitat of the organisms that have maintenance and operation of cable systems settled there, the foundations and crossing and platforms) must be taken into account in structures lead to an additional supply of hard addition to offshore wind farms and platforms. substrate. The hard substrate introduced also Since all the information available to date on means that the benthic fauna adapted to soft the areas and sites included in the FEP soils loses habitat. However, since both the grid indicates that they are of minor importance for connection systems and the wind farms will use species listed in Annex I of the Directive, there up the area of ‰, according to current are no apparent obstacles to the enforceability knowledge no significant impairments are to be of the plan. Due to the distance of the areas expected in the accumulation which would from the "Pomeranian Bay - Rönnebank" nature endanger the marine environment with regard conservation area, disturbance to wintering to the seabed and benthos. birds in the conservation area itself can be ruled Marine mammals out. This also applies to any disturbance by shipping traffic in connection with the operation Cumulative effects on marine mammals, in and maintenance of the submarine cable particular harbour porpoises, may occur mainly systems, platforms and wind turbines. As the due to noise exposure during pile driving of the Baltic Sea is intensively used for shipping, no foundations. For example, these assets could additional disturbance to sensitive species is to 76 Non-technical summary be expected as a result of increased shipping geese using a rangefinder was commissioned traffic during the construction phase or for within the scope of the preliminary area repair and maintenance purposes. By avoiding investigation of area O-1.3. The findings from the use of Natura 2000 areas, significant these investigations and the further knowledge disturbances within the nature reserve can be available resulted in the need to include species excluded. and group of species-specific legal requirements for the determination of the Migratory birds suitability of area O-1.3. For Area O-2.2, the A potential hazard for migratory birds results on findings from the investigations on Area O-1.3 the one hand from the risk of collision with the provide valuable information. Due to the transformer platform and the individual offshore location of area O-2.2 further west and thus wind turbines, and on the other hand from closer to the central area of the crane migration adverse effects due to forced changes in the corridor between Rügen and Skåne, the flight path. findings from the planning approval procedure Under normal migratory conditions favoured by for the neighbouring project "Baltic Eagle" are migratory bird species, no evidence has been essential. The area O-2.2 remains under found so far for any species that the birds investigation. The other energy production area typically migrate in the danger zone of the SEO-1 south of area O-2 is also under installations and/or do not recognise and avoid examination due to questions on bird migration these obstacles. Under the clear weather which cannot yet be conclusively assessed. conditions preferred by birds for their migration, In order to avoid or minimise the risk, the the probability of collision with wind turbines or installations shall be designed in such a way the transformer or collection platforms is that light emissions are avoided as far as therefore very low. Surprisingly occurring fog possible during construction and operation, and rain, which lead to poor visibility and low unless such emissions are required and flight altitudes, represent a potential hazard unavoidable by safety requirements of shipping situation. A particular problem is the and air traffic as well as requirements of coincidence of bad weather conditions with so- occupational safety. called mass train events, which are rare due to The cumulative effects of the wind energy the short train routes or train times across the plants, transformer or collection platforms and Baltic Sea. The risk of collision for sea and adjacent wind farms provided for in the FEP water birds migrating during the day is generally and in the territorial sea of Mecklenburg- considered to be low. They orient themselves Western Pomerania could, in addition to the risk visually and are usually able to land on the of bird strikes, also lead to an extension of the water. The risk of collision is also currently migratory route for migrating birds. If migratory considered to be low for day- migrating land birds migrate within the effective range of wind birds (e.g. cranes and birds of prey), as these farms (up to a height of approx. 300 m), they also orient themselves visually and avoid the are forced to fly around or over the installations wind turbines. However, cumulative effects can by taking evasive action. This distracts them lead to an increased risk of collision for some from their migration route to a greater or lesser areas. extent. It is known that wind farms are avoided In order to verify the state of knowledge, an by birds, i.e. they are flown around or over additional monitoring of the migrating land birds horizontally. In addition to observations on land, with the main focus on cranes, birds of prey and this behaviour has also been demonstrated in Non-technical summary 77 offshore areas (e.g. KAHLERT et al. 2004). areas is not likely to have a significant negative Lateral avoidance reactions are apparently the effect on the further development of the most common reaction (HORCH & KELLER populations. 2004). The transformer or collection platforms In this context, it has to be taken into account are part of the individual wind farms or are that, according to the present state of the art in directly spatially related. In this context, science and technology, this forecast is made avoiding the transformer or collection platforms under premises that are not yet suitable to is negligible, as they do not develop their own ensure the basis for the protected property in a barrier effect due to their immediate spatial satisfactory manner. Gaps in knowledge exist in proximity to a wind farm and do not reinforce particular with regard to the species-specific that of the wind farm. migratory behaviour. This applies in particular For birds migrating in an east-west direction, to poor weather conditions (rain, fog). These which would have to fly around areas O-1 to O- gaps in knowledge could not be closed despite 4, a maximum diversion of about 70 km would extensive research activities carried out in the be possible. For birds with a strong coastal North Sea and Baltic Sea EEZ as part of the orientation (e.g. Common Scoter), the diversion accompanying ecological research, including could be longer as they would still have to fly test field research on bird migration at the around areas O-5 and O-6. When considering "alpha ventus" offshore pilot park, evaluation of the north-south migration direction, the possible the data continuously collected on "FINO1" barrier effect is of a similar order of magnitude. (2008-2011), recording of bird collisions using The spatial distance between the individual the VARS system and recording of evasive clusters is large enough to leave sufficient movements of migratory birds using pencil space to fly around them. Taking into account beam radar. that the non-stop flight performance of the Due to the gaps in knowledge mentioned majority of migratory bird species, including above, a final cumulative consideration of all small bird species, is in the order of magnitude offshore wind farms to be considered, including of over 1000 km (BERTHOLD 2000), no projects in areas where no valid permits or significant effects on the energy budget of planning approval decisions have yet been migratory birds are to be expected. For issued as a result of the implementation of an example, a diversion of a maximum of 70 km in EIA, is not possible at this stage. This concerns relation to the migratory distances caused by the projects in Area 2 and the projects in Area 1 the barrier effect of the wind farms should not outside the priority area as well as other endanger bird migration, as distractions may offshore wind farms outside the German EEZ. also occur due to weather conditions. The EIAs available for the projects in Area 2 do Based on the available knowledge about the not indicate any particular importance of these migratory behaviour of the different bird areas for bird migration, such as a migratory species, the usual flight altitudes and the corridor that is elevated above the surrounding distribution of bird migration over the day, it can area. However, an increase in crane migration be concluded that, on the basis of current was observed at times, for example during the knowledge, even cumulative effects on bird baseline surveys for the projects in Area 2. The migration are unlikely to be significant as a experts attribute this to drifting birds due to result of the implementation of the projects unfavourable changes in winds during the Baltic already approved in the priority areas. At this Sea crossing. On the basis of these stage, a possible circumvention of the priority observations, and particularly in view of the fact 78 Non-technical summary that a concentration of bird migration, especially example, the installation of the foundations of for narrow-fronted migratory birds such as wind turbines and platforms in the specific cranes, is to be expected in the area between licensing procedure is only permitted with the Rügen and Skåne (cf. BFN 2006), significant use of effective noise abatement measures (cf. cumulative effects cannot be ruled out at this e.g. planning principle 4.4.1.7 FEP). Against the time. background of the special endangerment of the separate Baltic Sea population of harbour Transboundary effects porpoise, intensive monitoring measures are to The present SEA concludes that, as things be carried out as part of enforcement and, if stand at present, the provisions of the FEP do necessary, the noise abatement measures are not have a significant impact on the areas of the to be adapted or the construction work neighbouring countries bordering the German coordinated in order to exclude any cumulative Baltic Sea EEZ. effects. Significant transboundary impacts can be ruled For migratory birds, the wind turbines and out in principle for the following protected platforms erected on the FEP sites may assets: soil and water, plankton, benthos, constitute a barrier or a risk of collision. The risk biotope types, landscape, material assets and of collision needs to be minimised by taking humans, including human health. Possible appropriate measures to avoid attracting birds significant transboundary impacts could at best by lighting. With regard to the barrier effect, a arise from a cumulative view in the area of the conclusive cumulative consideration is not German Baltic Sea for the highly mobile possible with the current state of knowledge. biological assets fish, marine mammals, sea A cumulative assessment of the hazard risk for birds and resting birds, as well as migratory the bat migration is also not possible at this birds and bats. stage, as sufficient information on migration With regard to fish as a protected asset, the routes, migration heights and migration SEA comes to the conclusion that, according to intensities is still lacking. It can generally be the current state of knowledge, no significant assumed that any significant transboundary transboundary impacts on the protected asset impacts will be prevented by the provisions of are to be expected as a result of the the FEP in the same way that appropriate implementation of the FEP, since on the one avoidance or minimisation measures are hand the areas for which the FEP makes applied to bird migration. stipulations do not have a prominent function Species protection law examination for the fish fauna and on the other hand the recognisable and predictable effects are of a The environmental report also contains an small-scale and temporary nature. examination under species protection law in accordance with Article 44 (1) of the Federal This also applies to the protected species Nature Conservation Act. At the more abstract marine mammals and sea and resting birds. level of sectoral planning, this comes to the These use the areas mainly as transit areas. conclusion that, according to the current state There is unlikely to be any significant loss of of knowledge and in strict compliance with habitat for strictly protected marine and resting avoidance and mitigation measures, the areas bird species. Based on current knowledge and and sites, platform sites and submarine cable taking into account impact-reducing and routes defined in the FEP will not have any damage-limiting measures, significant significant negative impacts that would trigger transboundary impacts can be excluded. For Non-technical summary 79 any species protection prohibitions. A detailed the Habitats Directive, e.g. the harbour examination of species protection legislation is porpoise, must be strictly protected everywhere, the responsibility of the individual approval including outside the established protected procedure. areas. Impact assessment Within the framework of the FEP, individual definitions are planned in the spatial vicinity of Under the present SEA, the areas, sites, the nature reserves "Pomeranian Bay - platforms and submarine cable routes planned Rönnebank" and "Kadetrinne". Thus the in the FEP will be subject to a separate compatibility assessment in the EEZ area is assessment of their compatibility with the limited to these protected areas. The impact conservation purposes of the nature reserves. assessment will also take into account the The German Baltic Sea EEZ includes the remote effects of the provisions adopted within nature reserves "Pomeranian Bay - the EEZ on the protected areas in the adjacent Rönnebank", "Fehmarn Belt" and "Kadet 12-mile zone and in the adjacent waters of Trench", which were established by decree on neighbouring countries. 22 September 2017. Compatibility in assessment of the compatibility of the areas accordance with the BNatSchG is to be and sites and of the planned platforms investigated in line with the assessment previously carried out for the Fauna-Flora- According to the current state of knowledge, Habitat areas (FFH areas). disturbance to resting and migratory birds in the nature reserves under consideration is not to be §§ Sections 34 and 36 of the Federal Nature expected as a result of the construction and Conservation Act (BNatSchG) stipulate that operation of wind turbines and platforms in the plans or projects which, individually or in areas defined in the FEP. conjunction with other plans or projects, may significantly affect a Habitats and EU Bird According to the current state of knowledge and Protection Area and which do not directly serve on the basis of the findings from the monitoring the management of the area, must be assessed of the erection and operation of the wind farms for their compatibility with the protection and "Viking" and "Arkona Basin South-East" in area conservation objectives of a Natura 2000 site. O-1, an impairment of the protection purposes This also applies to projects outside the site of the nature conservation areas examined can which, either individually or in combination with be excluded with certainty, taking into account other projects or plans, are likely to significantly strict impact-minimising and damage-limiting affect the site's conservation objectives. measures. To this end, the FEP is making textual stipulations, particularly with regard to The protected habitat types are the habitat noise reduction. types "reefs" and "sandbanks" listed in Annex I of the Habitats Directive, certain fish species The construction and operation of wind turbines and marine mammals listed in Annex II of the and platforms are not expected to have any Directive (sturgeon, black scoter, porpoise, grey significant impacts on the habitat types "reef" seal) and various bird species listed in Annex I and "sandbank" with their characteristic and of the Birds Directive (red-throated diver, black- endangered communities and species, due to throated diver, eared grebe, red-necked grebe, the small-scale nature of the impacts, which are yellow-billed diver, long-tailed duck, scoter, particularly relevant for reefs, such as sediment velvet scoter, Common gull, guillemot, razorbill, drift and sediment rearrangement of the black guillemot). Species listed in Annex IV of released material during the construction 80 Non-technical summary phase, and the location outside nature Based on the current state of knowledge, the conservation areas. BSH assumes that when the plan is implemented, either individually or in Examination of the compatibility of the planned conjunction with other projects, a significant cable routes impairment of the protective purposes of the Possible effects of submarine cable systems nature conservation areas under consideration are usually limited to the laying phase and are can be ruled out with certainty. A new impact therefore limited in time and space. Impacts on assessment of the areas and test sites in the nature conservation areas in their components territorial sea will not be carried out, as this was relevant to the conservation objectives or the already carried out when the LEP M-V was protection purpose are only to be expected if drawn up. the cable routes run in the immediate vicinity or measures to prevent, reduce and offset within the protected areas; remote impacts on significant negative impacts of the land-use legally protected biotopes or FFH habitat types plan on the marine environment cannot be assumed on the basis of current knowledge. In accordance with the requirements of the SEA Directive, the measures planned to prevent, In particular because of the small size and short reduce and as far as possible offset significant duration of the relocation, a significant impact negative environmental impacts resulting from on marine mammals can be excluded. With the implementation of the FEP are presented. regard to possible operational impacts, no significant effects are expected on the basis of In principle, the FEP's stipulations will avoid the cable configurations defined in the FEP and negative impacts on the development of the the planning principle for sediment cover. environmental status of the Baltic Sea EEZ. In Possible significant impairments of bird the event of non-implementation of the plan, the sanctuaries in their components relevant to the uses would develop without the FEP's space- protection purpose by the laying and operation saving and resource-conserving steering and of the submarine cable systems are also to be coordination effect. excluded. The cable-laying work only takes a Specifically, the FEP lays down spatial and few days and is only associated with noise and textual specifications which, in accordance with chasing effects typical of ships. Based on the environmental protection objectives set out current knowledge, significant adverse effects in Chapter 1.4of the environmental report, serve due to sediment drift during the construction to avoid or reduce significant negative impacts phase are excluded. Known occurrences of of the implementation of the FEP on the marine legally protected biotope types and FFH habitat environment. This mainly concerns textual types in the protected areas lie outside the drift specifications on space-saving planning, on distances discussed in the technical literature. avoiding the use of protected areas and Based on current knowledge, significant structures pursuant to Article 30 of the Federal impairment of the Habitats Directive habitat Nature Conservation Act, on noise reduction, types "reefs" and "sandbanks with only weak on compliance with the 2C criterion, on the permanent inundation by seawater" can thus be dismantling of structures, and on the ruled out, even if the plan and existing projects consideration of best environmental practice for the nature conservation areas under review and the respective state of the art. are considered cumulatively. Reduction and avoidance measures are specified and ordered by the competent Non-technical summary 81 licensing authority at project level for the Measures planned to monitor the planning, construction and operation phases. environmental impact of implementing the With regard to the planned areas for wind site development plan energy plants and platforms and for other The potential significant impacts on the energy generation areas, this concerns in environment resulting from the implementation particular noise reduction and noise prevention of the FEP must be monitored in accordance measures as well as environmentally with Article 45 (1) UVPG. This is intended to compatible lighting during the operation of the enable unforeseen negative impacts to be structures. Measures to avoid and reduce the identified at an early stage and suitable possible effects of submarine cable systems remedial measures to be taken. The monitoring must be taken into account in route planning also serves to verify the gaps in knowledge or and technical design. In order to avoid the forecasts with uncertainties as presented in significant negative effects of cable heating on the environmental report. According to Article benthos, the FEP contains a planning principle 45 para. 4 UVPG, the results of the monitoring for sediment heating. are to be taken into account in the updating of Alternative testing the FEP. The actual monitoring of potential impacts on the marine environment can only In accordance with Art. 5 para. 1 sentence 1 of begin once the uses regulated under the plan the SEA Directive in conjunction with the criteria have been realised. Therefore, project-related in Annex I of the SEA Directive and Art. 40 monitoring of the impacts of offshore wind para. 2 no. 8 UVPG, the environmental report farms, platforms and submarine cable systems contains a brief description of the reasons for is of particular importance. The main task of the choice of the reasonable alternatives monitoring is to bring together and evaluate the examined. At the plan level, the findings of the various monitoring results at conceptual/strategic design, spatial and project level. In addition, existing national and technical alternatives play a major role. international monitoring programmes must be In principle, it should be noted that all taken into account, also to avoid duplication of specifications in the form of standardised work. technology and planning principles already The investigation of the potential environmental involve a preliminary examination of possible impacts of areas and sites for offshore wind and conceivable alternatives. As can be seen energy as well as of platforms has to be carried from the justification of the individual planning out at project level in accordance with the principles, in particular those relating to the standard "Untersuchung von Auswirkungen von environment - e.g. route design that is as Offshore-Windenergieanlagen (StUK4)" bundled as possible, implementation with as (Investigation of the impacts of offshore wind few intersections as possible - the respective energy plants) and in coordination with the principle is already based on a weighing up of BSH. The monitoring during the construction of possible public interests and legal positions foundations by means of pile driving includes affected, so that a "preliminary examination" of measurements of underwater noise and possible alternatives has already taken place. acoustic recordings of the impact of pile driving In addition to the zero alternative, this on marine mammals using POD measuring environmental report examines in particular instruments. In addition, additional monitoring spatial and technical alternatives. measures are planned to record the effects of the stratification of the water under certain 82 Non-technical summary hydrographic conditions on the propagation of impact noise in the Baltic Sea and to be able to take further measures if necessary. The BSH is carrying out a whole series of projects as part of the accompanying research into the possible effects of offshore wind turbines on the marine environment. These include the ANKER project "Approaches to cost reduction in the collection of monitoring data for offshore wind farms", the R&D study BeMo "Evaluation approaches for underwater noise monitoring in connection with offshore licensing procedures, regional planning and MSRL" and various sub-projects within the R&D network NavES "Nature-compatible developments at sea". The results of the BSH's current projects will be directly incorporated into the further development of standards and norms, such as the development of the StUK5. For the first time, StUK4 also contains monitoring requirements for the investigation of sea-ca-bed routes with regard to benthos, biotope structure and biotope types during the baseline survey and the operational phase. Identified suspected areas of biotope types protected under Article 30 of the Federal Nature Conservation Act (BNatSchG) must also be investigated in accordance with the current mapping instructions of the Federal Agency for Nature Conservation (BfN). After the cable system has been laid, its location must be checked by operational monitoring measures. One year after commissioning of the submarine cable systems, investigations of the benthic biocoenoses must be carried out on the same transects as in the baseline survey. The pooling of information creates an increasingly solid basis for impact forecasting. The research projects serve the continuous further development of a uniform, quality- assured basis of marine environmental information for the assessment of possible impacts of offshore installations and form an important basis for updating the FEP. Vastavalt nimekirjale Meie 23.10.2020 nr 6-6/20/4634-2 Saksamaa meretuulepargialade arendamise planeerimisdokumendi muutmise piiriülene keskkonnamõju hindamine Saksamaa on teavitanud Eestit sellest, et Saksamaal on käimas meretuulepargialade arendamise planeerimisdokumendi täiendamine ning ajakohastamine. Saksamaa Föderaalne Merendusamet on 2018. a ning 2019. a koostanud meretuulepargialade arendamise planeerimisdokumendi, millele on korraldatud ka keskkonnamõju strateegiline hindamine (KSH). Tegemist on valdkondliku dokumendiga, mis käsitleb meretuuleparkide ja võrguühenduste arendamist (laiendamist) Saksamaa majandusvööndis Põhjameres ning Läänemeres, teatud tingimustel ka territoriaalvetes. Dokumendi peamiseks sihiks on meretuuleenergeetika eesmärkide saavutamine 2030. aastaks. Eelkõige tulenevalt otsusest suurendada meretuuleenergia mahte on vajalik täiendada ning ajakohastada 2019. a planeerimisdokumenti. Praeguseks on valminud meretuulepargialade arendamise planeerimisdokumendi eelnõu koos Põhjamere ja Läänemere piirkondade KSH aruannete eelnõudega. Nimetatud ingliskeelsed materjalid on lisatud kirjale. Kui Te soovite esitada ettepanekuid või märkuseid kõnealuste materjalide kohta, palume need saata Keskkonnaministeeriumile hiljemalt 23. novembriks 2020. Lugupidamisega (allkirjastatud digitaalselt) Kaupo Heinma asekantsler Lisad: Lisa 1 – planeerimisdokumendi eelnõu; Lisa 2 – Põhjamere piirkonna KSH aruande eelnõu; Lisa 3 – Läänemere piirkonna KSH aruande eelnõu. Rainer Persidski, 626 2973 [email protected] Narva maantee 7a/ Tallinn 15172/ 626 2802/ [email protected]/ www.envir.ee/ Registrikood 70001231 Draft Site Development Plan 2020 for the German North Sea and Baltic Sea Hamburg, 4 September 2020 2 Introduction Content 1 Introduction 4 The central model 4 Legal basis of the land-based network development plan 5 Purpose and objectives of the site development plan 5 Object of the site development plan 5 2 Process for the expansion of offshore wind energy 7 Site development plan 8 2.1.1 Competence 8 2.1.2 Initial installation 8 2.1.3 Updating/modification 8 2.1.4 Voting requirements 9 2.1.5 Requirement for agreement 9 Investigation of sites 9 Call for tenders 10 Plan approval of offshore wind energy installations connected to the grid 11 Interfaces with other instruments of network planning 12 2.5.1 Scenario framework 12 2.5.2 Network development plan 12 2.5.3 Federal requirements plan 13 2.5.4 Ten-Year Network Development Plan 13 2.5.5 Further interfaces with network planning instruments 13 Existing spatial planning and planning 14 2.6.1 Exclusive Economic Zone 14 2.6.2 Lower Saxony 16 2.6.3 Schleswig-Holstein 16 2.6.4 Mecklenburg-Western Pomerania 16 3 Starting Position 16 Current status of expansion 16 Statutory expansion path for offshore wind energy 19 Introduction 3 4 Guidelines and basic principles 19 Introduction 19 Connection concepts 20 4.2.1 Standard concept North Sea: Direct current system 20 4.2.2 Standard concept Baltic Sea: three-phase system 20 Standard technical principles 20 4.3.1 Direct current system North Sea 20 4.3.2 Three-phase system Baltic Sea 21 4.3.3 Cross-border submarine cable systems 21 Planning Principles 21 4.4.1 General principles 21 4.4.2 Sites and wind turbines at sea 23 4.4.3 Platforms 24 4.4.4 Submarine cable systems 25 Possibilities deviations 26 4.5.1 Standardised technology principles 26 4.5.2 Planning principles 26 Planning horizon 26 Determination of the expected generation capacity 26 4.7.1 Aim of the generation capacity determination 26 4.7.2 Methodology of generation capacity determination 26 4.7.3 Power density in zone 3 27 Criteria for determining the site and the chronological order of their tendering 29 4.8.1 Methodology of applying the criteria 29 4.8.2 Description of the criteria to be applied 29 5 Rules 30 Areas for the installation and operation of offshore wind turbines 30 5.1.1 Definition of areas and sectoral planning framework 32 5.1.2 The areas in detail 33 Sites for the construction and operation of offshore wind turbines 37 5.2.1 Determination of sites 37 4 Introduction 5.2.3 Relevant criteria for deciding against the establishment of an site 41 Expected generation capacity 41 5.3.1 Plausibility check of the expected generation capacity 41 Specifications for the territorial sea 42 5.4.1 Need for an administrative agreement 42 5.4.2 Areas for the installation and operation of offshore wind energy turbines 42 5.4.3 Sites for the installation and operation of offshore wind energy turbines 42 5.4.4 Specifications on the test site 42 Chronological sequence of tenders for the sites 43 5.5.1 Chronological sequence of tenders for the sites 43 5.5.2 Representation of the review of the time sequence based on references to offshore connecting cables, grid connection points and the network43 Calendar year of commissioning for offshore wind turbines and connecting lines 44 Locations of converter platforms, collection platforms and substations 44 Routes or route corridors for offshore connecting lines 44 Gates to coastal waters 45 5.9.1 Current status 45 5.9.2 Definition of border corridors to the territorial sea 45 Routes and route corridors for cross-border power lines 46 5.10.1 Current status 46 5.10.2 Definition of routes and corridors for cross-border electricity lines 46 Routes and route corridors for connections between installations 51 6 Rules for pilot offshore wind turbines 51 Available grid connection capacities 51 Spatial requirements 51 Technical conditions and requirements for grid connection 51 7 Areas for other forms of energy generation 52 Call for tenders for other forms of energy generation 52 Planning approval of other forms of energy generation plants 52 Introduction 5 Definition of areas for other forms of energy generation 52 8 Conformity of the rules with private and public concerns 55 Legal grounds for exclusion 55 8.1.1 Compliance with spatial planning requirements 55 8.1.2 No hrisk to the marine environment 56 8.1.3 No negative impact on safety or ease of traffic 56 8.1.4 No impairment of the security of national and Alliance defence 57 8.1.5 No location in a legally designated protected area 57 8.1.6 No location outside the areas and sites designated in BFO clusters or by coastal states 57 Other public and private interests 58 Admissibility of the specification of areas 60 Admissibility of specification of the sites 61 Admissibility of further designations 62 9 Summary consideration 63 10 Summary environmental declaration and monitoring measures 63 11 Bibliography 64 12 Annex: Maps (information purposes) 68 13 Annex: Informational illustration of a long-term development path (scenario framework 2021-2035) 74 6 Introduction List of figures Figure 8: Areas in the German North Sea EEZ ............................................................................. 31 Figure 9: Areas in the German Baltic Sea EEZ ............................................................................. 31 Figure 10: Areas and sites in the German North Sea EEZ ............................................................ 39 Figure 11: Sites in areas N-3, N-6, N-7, N-9 and N-10 in the German North Sea EEZ .................. 39 Figure 12: Areas and sites in the German Baltic Sea EEZ ............................................................ 40 Introduction 7 List of tables Table 4: Overview of areas for offshore wind energy .................................................................... 30 Table 5: Summary overview of the areas in the FEP 2019 ............................................................ 37 Table 6: Overview of areas and sites for offshore wind energy ..................................................... 37 Table 7: Overview of the relevant criteria for the decision against a zoning................................... 41 Table 8: Overview of the power expected to be installed on the sites for offshore wind turbines ... 41 Table 10: Overview of the chronological order of sites to be tendered using criteria 1 to 8............ 43 Table 11: Overview of calendar years of commissioning for offshore connecting lines, taking into account the notes listed in Chapter 5.5 ......................................................................................... 44 Table 12: Overview of train paths defined in the FEP for connections between installations ......... 51 BKG EEA 2 Introduction List of abbreviations AC alternating current BfN Federal Agency for Nature Conservation BFO Federal Offshore Grid Plan BFO-N Federal Offshore Grid Plan North See BFO-O Federal Offshore Grid Plan Baltic Sea BGBl Federal Law Gazette BKG Federal Agency for Cartography and Geodesy BMIE Federal Ministry of the Interior, for Building and Community BMVBS Federal Ministry of Transport, Building and Urban Affairs BNatSchG Act on nature conservation and landscape management (Federal Nature Conservation Act) BNetzA Federal Network Agency für Electricity, Gas, Telecommunications, Post and Railway BSH Federal Maritime and Hydrographic Agency DC direct current EEA European Environmental Agency EEG Act for the expansion of renewable energies (Renewable Energy Sources Act) EEZ Exclusive Economic Zone EnWG Act on the supply of electricity and gas (Energy Industry Act) FEP Site Development Plan GDWS General Directorate for Waterways and Shipping GW gigawatt kV kilovolt MW megawatt NEP Network Development Plan nm nautical mile NVP grid connection point O-NEP Offshore Network Development Plan OWP offshore wind farm PlanSiG Act to ensure proper planning and approval procedures during the COVID 19 pandemic ROG Spatial Planning Act Introduction 3 SRÜ United Nations Convention on the Law of the Sea TSO Transmission System Operator UVPG Act on Environmental Impact Assessment VDE A ssociation for Electrical, Electronic & Information Technologies VSC voltage sourced converter WindSeeG Act for the development and promotion of offshore wind energy WindSeeG-E Draft of a law amending the Wind Energy at Sea Act and other regulations WTG wind turbine 4 Introduction 1 Introduction According to the agreement signed on 11 May 2020 between the Federal Government, the Following the publication of the Site coastal federal states and the transmission Development Plan 2019 (FEP 2019) on 28 June system operators 50Hertz, Amprion and TenneT 2019 in accordance with the provisions of the for the implementation of 20 GW of offshore wind German Act on the Development and Promotion energy by 2030, it is considered necessary to of Offshore1 Wind Energy (WindSeeG), a new continue the FEP until the end of 2020, taking site development plan (FEP) has been drawn up into account the spatial plans for the exclusive on the basis of the plan approved by the Cabinet economic zone, which are currently being on 3 June 2019. On the basis of the Draft Act updated, and the spatial plans of the coastal amending the Offshore Wind Energy Act and states (Bundesministerium für Wirtschaft und other provisions adopted by the Cabinet on 3 Energie, 2020). June 2020,2 and in particular due to the As far as the legal framework conditions are increased expansion path of 20 gigawatts available, the process is to be completed by the (section 1 para. 2 WindSeeG Draft (hereinafter end of 2020. WindSeeG-E)3 Offshore Wind Energy by 2030 provided for therein, it is necessary to update The central model and amend FEP 2019. The draft act (section 1 subsection 2 WindSeeG-E) also provides for a The year 2017 marks a system change in the long-term target of 40 GW by 2040. field of offshore wind energy. On the basis of the Act on the Development and Promotion of Wind In the context of this update of the FEP, it is Energy at Sea (Wind Energy at Sea Act - expected that areas up to and including zone 3 WindSeeG), the Federal Maritime and of the exclusive economic zone will be defined. Hydrographic Agency (BSH) is responsible for It is planned to define sites for the the central development and, on behalf of the implementation of 20 GW by 2030. The definition Federal Network Agency (BNetzA), for the of areas and land will ensure a sufficient, preliminary investigation of areas for the plannable expansion path until around 2035 and construction and operation of offshore wind at the same time will make it possible to turbines. incorporate the results of the current parallel process of updating the spatial plans for the The central model describes a staged planning exclusive economic zone. and tendering process. In the first step, spatial and temporal specifications for offshore wind On 9 October 2019, the Federal Cabinet had energy sites are defined in the Site Development already adopted the detailed Climate Protection Plan (FEP). The next step is the preliminary Programme 2030 for the implementation of the investigation of the sites defined in the FEP. Climate Protection Plan 2050, with the aim of After the preliminary investigation has been increasing the expansion of offshore wind carried out, the sites will be auctioned off in a energy to 20 GW in 2030. competitive procedure in which the information 1 eines-gesetzes-zur-aenderung-des-windenergie-auf-see- Act of 13 October 2016, Federal Law Gazette I p. 2258, 2310, last amended by Article 2 of the Act of 25 May 2020, gesetzes.pdf?__blob=publicationFile&v=6 Federal Law Gazette I p. 1071. 3 Act of 13 October 2016, Federal Law Gazette I p. 2258, 2 Available at 2310, last amended by Article 2 of the Act of 25 May 2020, https://www.bmwi.de/Redaktion/DE/Downloads/E/entwurf- Federal Law Gazette I p. 1071. Introduction 5 from the preliminary investigation will be made Government, represented by the BSH, and the available to the bidders. competent state, the FEP may also make planning specifications for the territorial sea. The successful bidder will be able to erect wind turbines on the site after the approval procedure, § Section 4 para. 2 WindSeeG stipulates that the is entitled to the market premium and may use FEP shall make specifications for the the connection capacity. development of offshore wind turbines and the offshore connecting pipelines required for this The central model applies to the commissioning purpose, of offshore WTGs from 2026 onwards. - to achieve the expansion targets in accordance In the central model, the FEP is thus the with section 1 (2) sentence 1 WindSeeG-E, controlling planning instrument for the whereby the installed capacity may exceed 20 synchronous expansion of wind energy and its gigawatts by 2030 (section 4 (2) no. 1 grid connections at sea. WindSeeG-E), The previous Federal Offshore Grid Plan (BFO) - expand electricity generation from offshore of the BSH for the Exclusive Economic Zone wind turbines in a spatially ordered and space- (EEZ) of the North Sea and Baltic Sea and parts saving manner, and of the previous Offshore Grid Development Plan (O-NEP) confirmed by the BNetzA are - to ensure the orderly and efficient use and incorporated into the FEP. The need for offshore capacity utilisation of the offshore connecting connecting lines will be determined on the basis lines and to plan, construct, commission and use of the FEP's specifications in the onshore offshore connecting lines in parallel with the network development plan (NEP). expansion of electricity generation from wind turbines at sea. Legal basis of the land-based According to section 4 subsection 3 WindSeeG, network development plan the FEP can make specifications for offshore According to §§ 4ff. WindSeeG, the BSH wind turbines and other energy generation prepares an FEP in agreement with the Federal plants which are not connected to the grid with Network Agency (BNetzA) and in coordination the aim of enabling the practical testing and with the Federal Agency for Nature Conservation implementation of innovative concepts for other (BfN), the Directorate General for Waterways energy generation not connected to the grid in a and Shipping (GDWS) and the coastal states. spatially ordered and space-saving manner. In addition, the provisions of the Renewable The FEP primarily serves to implement the Energy Sources Act (EEG 2017) and the purpose of the WindSeeG. Environmental Impact Assessment Act (UVPG) With regard to the expansion of offshore wind apply. energy, the objective under section 1 subsection (2) WindSeeG-E is to increase the installed Purpose and objectives of the capacity of offshore wind turbines connected to site development plan the grid from 2021 to a total of 20 gigawatts by According to § 4 para. 1 WindSeeG, the purpose 2030 and to a total of 40 gigawatts by 2040, of the FEP is to make sectoral planning whereby the capacity installed by 2030 may specifications for the EEZ of the Federal exceed 20 gigawatts. Republic of Germany. In accordance with an administrative agreement between the Federal Object of the site development 6 Introduction plan 9. corridors for cross-border electricity In accordance with the legal mandate of § 5 lines, para. 1 WindSeeG, the FEP contains provisions 10. corridors for possible connections for the period from 2026 to at least 2030 for the between the installations mentioned in German EEZ and in accordance with the points 1, 2, 6, 7 and 9, and following provisions for the territorial sea: 11. Standardised technology principles 1. areas; in territorial waters, areas can and planning principles only be defined if the competent state has designated the areas as a The FEP may also determine the following possible subject of the FEP pursuant to section 5 para. 2 WindSeeG: 2. sites in the areas defined in - test sites near the coast outside areas for a total accordance with point 1; in territorial of no more than 40 square kilometres; test sites waters, sites can only be defined if the can only be defined in territorial waters if the competent state has identified the country has designated the area as a possible sites as a possible subject of the FEP subject of the FEP and at least partially for test purposes; if a test site is actually not used or is 3. the chronological order in which the only used to an insignificant extent, a defined sites are to be put up for subsequent FEP may lift the definition of the test tender pursuant to Part 3 Section 2 site and define areas and sites instead, WindSeeG, including the designation of the respective calendar years - the calendar years in which pilot wind turbines at sea and the corresponding test site 4. the calendar years, including the connection line are to be commissioned for the quarter in the respective calendar first time on the defined test sites, and year (WindSeeG-E), in which the subsidised offshore wind turbines and - the capacity of the corresponding test field the corresponding offshore connection line; connection line are to be - show grid connection capacities available for commissioned on the defined sites, areas in the exclusive economic zone and in 5. the expected capacity of offshore territorial waters on existing offshore connecting WTGs to be installed in the defined lines or on offshore connecting lines to be areas and on the defined sites, completed in the following years which can be allocated to pilot offshore wind energy 6. locations of converter platforms, installations in accordance with section 70(2). collection platforms and, where possible, substations, In addition, under section 5 (2a) sentence 1 WindSeeG-E, other energy production areas 7. routes or route corridors for offshore outside of areas for a total of 25 to 70 square connecting pipelines, kilometres may be defined and spatial and 8. places where the offshore connecting technical specifications for other energy lines cross the boundary between the production installations for lines or cables which exclusive economic zone and the carry energy or energy sources from them may territorial sea be made or, in the event of a shortage of routes, such lines or cables may be excluded. Process for the expansion of offshore wind energy 7 According to section 4 subsection (1) sentence 2 Process for the expansion 2 WindSeeG, sectoral planning specifications for the territorial sea may be made for areas, sites, of offshore wind energy the chronological order of calls for tenders for the With the WindSeeG, a new procedure for the sites, the calendar years of commissioning and expansion of offshore wind energy has been the expected output to be installed, as well as for introduced for offshore wind turbines that will be test sites and other energy production areas. In commissioned from 2026. Various cascades accordance with an administrative agreement have to be passed from the overall development between the Federal Government, represented of the sites to the approval procedure for the by the Federal Maritime and Hydrographic wind turbines and connecting pipelines. Agency, and the competent Land, the individual specifications for the territorial sea are defined in First of all, the FEP will be responsible for the more detail. development of the offshore wind farm in accordance with § 4 ff. WindSeeG for the expansion of offshore wind turbines and offshore connecting pipelines in the EEZ. The aim of determining the chronological order of realisation of the sites is that from 2026 onwards, offshore wind turbines will be commissioned on these areas and at the same time the offshore connecting lines required to connect these sites will be completed so that the existing offshore connecting lines are used efficiently and at full capacity. At the next stage, the areas under §§ 9 ff. WindSeeG. This concerns investigations of the marine environment, preliminary exploration of the subsoil and the wind and oceanographic conditions for the site to be investigated. This is intended to speed up the subsequent planning approval procedure for offshore wind turbines on these sites. Based on the results of the preliminary investigation, the suitability of the sites for the tender will then be examined. If the suitability is determined, the information including the results of the investigation and the specification of the capacity to be installed will be determined by statutory order and forwarded to the BNetzA. The BNetzA then invites tenders for the site for the competitive determination of the market premium and publishes the results of the 8 Process for the expansion of offshore wind energy investigations and information determined in the 2.1.2 Initial installation course of the preliminary investigations (cf. §§ 14 In 2018 and 2019, the BSH established the FEP ff. WindSeeG). Only the successful bidder can for the first time and carried out a Strategic later submit an application for planning approval Environmental Assessment. The FEP 2019 was for the construction and operation of offshore publicly announced on 28 June 2019. wind farms on the respective site. The acceptance of the bid is also associated with a 2.1.3 Updating/modification claim to the connection of the wind turbines to Pursuant to section 8 subsection 1 WindSeeG, the offshore connection line specified in the FEP the FEP may be amended or updated on the and the allocated grid connection capacity on the basis of a proposal by the BSH or the BNetzA, connection line. whereby the decision on the time and scope of a After the contract has been awarded in the procedure for amendment or update shall be tender procedure, the successful bidder or the taken by mutual agreement between the BSH correspondingly entitled party can submit an and the BNetzA. application for planning approval in accordance The FEP shall be amended or updated in with §§ 44 ff. WindSeeG. At this level of the accordance with § 5 WindSeeG if the objectives planning cascade, the BSH examines whether a under § 4 WindSeeG require the definition of specific project is eligible for approval. If all other or additional areas and sites or a change prerequisites are met and the result of the in the chronological order of the preliminary examination is positive, the procedure concludes investigation of the sites, for example because with the issue of the planning approval decision. sites investigated were found to be unsuitable. However, it shall be updated at least every four years (cf. section 8 subsection (2) sentence 1 WindSeeG). The following summary presents the individual procedural steps in the updating of the FEP. Overview of the process steps  Notification of initiation, expected scope Figure 1: The site development plan in the overall system of the central model for the German North Sea and Baltic Sea EEZ and conclusion of the procedure With regard to the coastal sea, reference is  Preparation of the preliminary draft and scope of the environmental assessment made to Chapter 5.4.  Participation of authorities and the public Site development plan  Notification of the North and Baltic Sea § Section 6 WindSeeG regulates the procedure countries for setting up the FEP from the announcement of  Delivery of the joint opinion of the TSOs the initiation of the procedure to the  Hearing date, if necessary according to § announcement of the completed plan. 5 para. 6 PlanSiG 2.1.1 Competence  Definition of the scope of the environmental assessment According to § 6 WindSeeG, the BSH is responsible for preparing the FEP. Process for the expansion of offshore wind energy 9 In the case of site in territorial waters, the  Preparation of the draft FEP and draft environmental report (SEA) BNetzA shall have the preliminary investigations carried out by the competent authority under  Participation of authorities and public Land law in accordance with section 11 (1) (national and international) sentence 2 no. 2 WindSeeG on behalf of the  Discussion date, if necessary in BSH in accordance with an administrative accordance with § 5 para. 1 PlanSiG agreement.  Review of the environmental report (SEA) The preliminary investigation of sites is carried in the light of national and international comments out with the aim of ensuring that the BNetzA selects suitable sites in accordance with  Consideration of the review in the draft sections 16 et seq. WindSeeG. The successful FEP bidder must then undergo a planning approval  Coordination with the BfN, the GDWS and procedure for the construction and operation of the coastal countries offshore wind turbines pursuant to Articles 44 et  Establishing agreement with the BNetzA seq. WindSeeG at the BSH.  Publication of the FEP and the In accordance with section 9 para. 1 WindSeeG, environmental report by the end of 2020 the preliminary investigation is carried out with  Sending a summary statement to the the aim of North and Baltic Sea countries involved - to provide bidders with the information enabling them to determine the market premium in 2.1.4 Voting requirements accordance with § 22d EEG on a competitive basis and According to § 6 para. 7 WindSeeG, the FEP is prepared in coordination with the BfN, the - determine the suitability of the sites and GDWS and the coastal states. - to examine individual objects of investigation in advance in order to accelerate the subsequent 2.1.5 Requirement for agreement planning approval procedure on these sites. The The FEP is established and updated in procedure for carrying out the preliminary accordance with section 6 para 7 WindSeeG in investigation, including the suitability test of site agreement with the BNetzA. defined in the FEP, is governed by § 12 WindSeeG. Investigation of sites A Strategic Environmental Assessment (SEA) According to § 11 (1) sentence 1 WindSeeG, the must also be carried out. BNetzA is responsible for the preliminary investigation of site. The BNetzA shall have the According to § 9 Para. 3 WindSeeG-E, the preliminary investigation of sites in the EEZ preliminary examination of sites is to be carried carried out by order of the BSH in accordance out in such a way that the preliminary with the administrative agreement of March 2017 examination of at least those sites which are to and pursuant to section 11 para. 1 sentence 2 be put out to tender according to the FEP in this no. 1 Wind-SeeG. The BSH thus performs the calendar year is completed before the invitation tasks of the body responsible for the preliminary to tender is announced. As far as possible, the investigation within the meaning of the Act on preliminary investigation of those areas which sites in the German EEZ in accordance with are to be put out to tender in the following section 11 para. 2 sentence 1 WindSeeG. calendar year according to FEP should also be 10 Process for the expansion of offshore wind energy completed before the announcement of the is distributed over the sites examined in advance invitation to tender in a calendar year according which are to be put out to tender in the respective to § 19. Insofar as this is necessary for calendar year according to the FEP, provided compliance with the requirements, the that several sites are planned in the FEP for preliminary examination of sites may already be tendering in one year and the power expected to commenced on the basis of a draft of the FEP in be installed on them together form the tender accordance with section 6 (4) sentence (section volume. The share of an aite in the tender 9 (3) sentence 2 WindSeeG-E). volume is determined according to the FEP and the power to be installed on the sites determined In detail, the following steps are provided for by in the preliminary investigation. law: Six months before the bidding date, the BNetzA Summary of the procedural steps shall publish the invitation to tender pursuant to - Notification of the opening of the procedure section 19 WindSeeG, including the respective information and documents to be provided by the - Consultation meeting BSH pursuant to section 10 (1) WindSeeG, - Definition of the scope of the investigation together with the other information required by law, on its website. - Preparation of information on the marine environment, preliminary exploration of the The Federal Network Agency shall award the subsoil and wind and oceanographic contract to the bidder with the lowest bidding conditions value or, in the case of the dynamic bidding procedure pursuant to section 23a (4) - Suitability test and determination of the WindSeeG-E, to the bidder agreeing to the power to be installed highest bidding level for each site put out to - Determination of suitability by a statutory tender. The value to be invested is the bid value instrument of the bid awarded or, in the case of the dynamic - Interpretation of the documents pursuant to § bidding procedure, the bid at the level of the 44 (2) UVPG bidding level. - Transmission of information to the BNetzA With the award of the contract in accordance with § 23 or § 23a WindSeeG-E, the successful bidder has the exclusive right to carry out a planning approval procedure on the respective Call for tenders site, whereby the information and the suitability For sites that have been determined to be determination of the preliminary investigation will suitable, the BNetzA determines the value to be benefit the successful bidder. applied for the market premium and the Furthermore, he is entitled to the market respective beneficiary for this in a tender. For premium pursuant to § 19 of the EEG to the this purpose, the BNetzA is responsible under §§ extent of the knocked down bid quantity on the 16 ff. WindSeeG is responsible for this. respective site, as long as and to the extent that In accordance with § 17 sentence 1 WindSeeG, the further conditions for the claim pursuant to § the BNetzA will issue a call for tenders annually 19 of the EEG are fulfilled. In addition, the bidder on the bidding date of 1 September from 2021 is entitled to the connection of the WTGs on the onwards. No more than the quantities specified respective site to the offshore connecting line in the FEP may be tendered. The tender volume specified in the FEP from the binding completion Process for the expansion of offshore wind energy 11 date and the allocated grid connection capacity planned locations of converter platforms or on the offshore connecting line specified in the transformer stations, the obligation pursuant to FEP from the binding completion date in section 66 subsection (2) WindSeeG has been accordance with § 17d (2) sentence 9 of the effectively declared and other requirements Energy Industry Act (EnWG). under the WindSeeG and other provisions under public law are complied with. Plan approval of offshore wind A planning approval or planning permit for a wind energy installations connected energy installation at sea is granted for a limited to the grid period of 25 years. A subsequent extension of Reference is made to Chapter 2.4 of the FEP the time limit by a maximum of five years is 2019. A revision is made in the draft of the FEP possible on a one-time basis if the FEP does not 2020. provide for an immediate subsequent use in accordance with section 8 subsection (3) Once the BNetzA has been awarded the contract WindSeeG (cf. section 48 subsection (7) from the calls for tenders, applications for WindSeeG). planning approval can be submitted for the site to which the plan relates in accordance with The plan approval or plan permit requires the section 46(1) WindSeeG. According to section consent of the Waterways and Shipping 45 subsection (2) WindSeeG, the BSH is the Administration (§ 50 WindSeeG-E). competent authority for the hearing, plan If the plan approval or plan permit becomes approval and plan licensing procedure. ineffective, the installations pursuant to § 58 para In addition to the legal requirements of Section 1 WindSeeG shall be removed to the extent 73 para. 1 sentence 2 of the Administrative required by the above-mentioned concerns. Procedure Act (VwVfG), the plan must include In accordance with WindSeeG-E, awarded the information contained in Section 47 para. 1 bidders must of the Wind-SeeG. - submit to the BSH, within 12 months of the Pursuant to Section 48 para. 3 WindSeeG-E, the award of the contract, the documents required BSH may, in the plan-approval decision, for the consultation procedure on the plan, determine measures and specify deadlines by the expiration of which the measures must be - provide the BNetzA with proof of existing completed in order to ensure the expeditious financing for the construction of WTGs to the construction and commissioning of the project, extent of the bidding volume at least 30 months taking into account the time schedule and plan before the binding completion date, of measures submitted by the project owner. - at the latest six months before the binding The plan may only be adopted under certain completion date, provide the BNetzA with proof conditions listed in section 48 subsection 4 that construction of the wind turbines has begun, WindSeeG. These include that the marine - within six months of the binding completion environment is not endangered, the safety and date, provide the BNetzA with proof that at least ease of traffic is not impaired, the security of one wind turbine has been made technically national and alliance defence is not ready for operation, compromised, the plan is compatible with priority - and, within 12 months of the binding completion mining activities, it is compatible with existing date, provide proof to the BNetzA that technical and planned cable, offshore connection, pipe and other lines, it is compatible with existing and 12 Process for the expansion of offshore wind energy operational readiness has been achieved overall Article 12b EnWG to the regulatory authority for (cf. section 59 subsection (2) WindSeeG-E). confirmation in each even calendar year, which must contain, among other things, all effective In principle, a financial penalty must be imposed measures for demand-based optimisation, in the event of a breach of the deadlines. reinforcement and expansion of the grid which Interfaces with other are necessary for secure and reliable grid operation at the latest by the end of the period instruments of network planning under consideration within the meaning of the The changeover to renewable energies and thus scenario framework pursuant to Article 12a (1) also the expansion of offshore wind energy is sentence 2 EnWG. associated with a nationwide necessary The NEP takes into account the Community- expansion of the grid. In order to determine the wide network development plan (Ten-Year need for grid expansion, the nationwide need for Network Development Plan, TYNDP for short, expansion of transmission grids is examined and see Chapter 2.5.4). determined in a legally established procedure consisting of several instruments with the Starting with the submission of the first draft of participation of the public. the NEP in 2019, it also contains all effective measures for the demand-oriented optimisation, In the following, the interfaces with the other reinforcement and expansion of the offshore instruments of network planning are presented connecting lines in the exclusive economic zone with reference to the FEP. and in the territorial sea, including the grid 2.5.1 Scenario framework connection points on land, which are necessary for a gradual, demand-oriented and economic Under Article 12a of the Energy Industry Act, the expansion as well as for the safe and reliable TSOs draw up a common scenario framework operation of the offshore connecting lines and every two years, in each even calendar year, the onward transport of the electricity generated which describes the probable developments of at sea by the end of the period under the German electricity supply system. The consideration pursuant to section 12a (1) scenario framework comprises at least three sentence 2 EnWG. Based on the specifications development paths (so-called scenarios) which of the last published FEP, the NEP also provides cover the range of probable developments within information on the planned date of completion for the framework of the medium- and long-term these measures. energy policy objectives of the Federal Government for the next ten and 15 years at According to Article 12c (4) EnWG, the BNetzA least. One of the scenarios must represent the should confirm the NEP by 31 December of each probable development for the next 15 and 20 odd calendar year at the latest, taking into years at least. The scenario framework is the account the results of the participation of the basis for the preparation of the NEP pursuant to authorities and the public. Article 12b EnWG for determining the expansion From 1 January 2019, the TSOs are required requirement in the transmission grid and is under section 17d (1) EnWG to construct and approved by the BNetzA after a consultation and operate the offshore transmission lines in review pursuant to Article 12a (3) EnWG. accordance with the specifications of the NEP and the FEP. The TSOs have to start 2.5.2 Network development plan implementing the grid connections of offshore On the basis of the scenario framework, the WTGs in accordance with the specifications of TSOs submit a joint national NEP pursuant to Process for the expansion of offshore wind energy 13 the NEP and the FEP and to rapidly advance the 2.5.3 Federal requirements plan construction of the grid connections of offshore WTGs. 2.5.4 Ten-Year Network Development Plan According to Article 8 (3 b) of Regulation (EC) In the context of the establishment of the FEP 2019, some comments requested that the O- No 714/2009 of the European Parliament and of NEP approved by the BNetzA on 22 December the Council of 13 July 2009 on conditions for 2017 be taken into account. On the one hand, access to the network for cross-border exchanges in electricity and repealing reference is made to Section 17c (1) sentence 2 EnWG, according to which the confirmation of Regulation (EC) No 1228/2003, the European the O-NEP for offshore connecting lines whose Transmission System Operators for Electricity planned date of completion is after 2025 is (ENTSO-E) shall adopt a non-binding subject to the corresponding specification of the Community-wide ten-year network development plan ("Community-wide network development respective offshore connecting line in the FEP. Accordingly, the confirmation of O-NEP 2017- plan") including a European generation 2030 and the commissioning of the connection adequacy outlook every two years. systems confirmed there is subject to the In this context, on 28 November 2018, the corresponding confirmation in NEP 2019-2030 European TSOs ENTSO-E submitted a so- on the basis of the specifications of the FEP in called Ten-Year Network Development Plan accordance with section 12c (4) sentence 1 (TYNDP 2018) in the consulted and final version EnWG in conjunction with section 12b (1) to the Agency for the Cooperation of Energy sentence 4 no. 7 EnWG. This reservation shall Regulators (ACER) and published it. no longer apply to the confirmation and This plan contains supra-regional and commissioning of the connection systems OST- international expansion measures which are 2-1, OST-2-2 and OST-2-3, since at least one important for cross-border European electricity existing wind farm project in accordance with transmission. The results developed at national section 37 subsection (1) No. 2 WindSeeG has level in the NEP are included in the relevant been awarded capacity on the respective TYNDP.Bundesnetzplan connection system by way of a bidding procedure within the framework of the second 2.5.5 Further interfaces with network bidding deadline pursuant to section 26 planning instruments subsection (1) WindSeeG. On the other hand, it Furthermore, the following interfaces with is pointed out that the criteria of the O-NEP for network planning instruments are pointed out: the chronological sequence of the implementation of the offshore connecting lines - EU Regulation 2016/631 on the establishment in accordance with § 17b para. 2 sentence 3 of a grid code with grid connection provisions for EnWG differ from the criteria of the FEP for the electricity producers determination of the sites and the chronological - EU Regulation 2016/1447 establishing a grid sequence of their tendering in accordance with § code setting out grid connection rules for high- 5 para. 4 sentence 2 WindSeeG and also refer voltage direct current transmission systems and to different definitions, so that the completion non-synchronous power generation systems dates for offshore connecting lines may differ in with direct current connection principle. Consequently, the confirmation of O- NEP 2017-2030 in the FEP for offshore - VDE application regulation VDE-AR-N 4130, connecting lines after 2025 cannot be taken into "Technical rules for the connection of customer account. 14 Process for the expansion of offshore wind energy installations to the extra-high voltage grid and details for the respective sector, taking into their operation". account the requirements of regional planning. - VDE application regulation VDE-AR-N 4131, 2.6.1 Exclusive Economic Zone "Technical rules for the connection of HVDC transmission systems and generating plants In the EEZ, the legal basis for the preparation of connected via HVDC transmission systems". maritime spatial planning plans has been in place since 2004 (see Chapter 2.6.1.2). Existing spatial planning and In the wake of the resolutions on the energy planning system transformation in June 2011 and the In Germany there is a tiered planning system of associated changes in legislation, the BSH was spatial planning through the Federal Spatial given the task of drawing up and regularly Planning Act (Bundesraumordnung) as well as updating a sectoral plan for offshore electricity state and regional planning to coordinate all grids in the German EEZ, the Federal Offshore spatial requirements and concerns arising in a Grid Plan (see Section 2.6.1.1). given area. According to § 1 (1) sentence 2 of 2.6.1.1 Federal Offshore Grid Plans the Spatial Planning Act (Raumordnungsgesetz, ROG), this system is used to coordinate different The task of federal sectoral planning is now spatial requirements in order to balance out performed by the FEP with additional tasks, conflicts arising at the respective planning level particularly with regard to the determination of and to make provisions for individual uses and the chronological order of realisation of areas for functions of the space. offshore wind turbines and offshore connecting lines. Reference is made to Chapters 2.1 and The tiered system means that the plans are 2.5. further specified by the subsequent planning levels. According to Article 1 para. 3 ROG, the The first Federal Offshore Sectoral Plan for the development, organisation and safeguarding of North Sea EEZ 2012 was published on 22 the subspaces should be integrated into the February 2013. The first Federal Offshore conditions and requirements of the overall area, sectoral plan for the Baltic Sea EEZ 2013 and the development, organisation and followed on 7 March 2014. Both plans were last safeguarding of the overall area should take into updated for the years 2016/2017. The provisions account the conditions and requirements of its of both plans apply to projects in the so-called subspaces. transitional system. These are projects with WTGs which will be in operation until 2026 and The Federal Ministry of the Interior, for Building which, in accordance with the provisions of the and Community (BMI) is now responsible for WindSeeG, have been awarded a contract in the regional planning at federal level in the EEZ. framework of tenders for existing projects. In contrast, the respective federal state is responsible for state planning for the entire area 2.6.1.2 Spatial plans of the state, including the respective coastal sea. For sustainable spatial development in the Regional planning is the responsibility of the German EEZ of the North and Baltic Seas, the individual federal states. BSH is carrying out the preparatory steps for the updating of the spatial plans on behalf of the In addition to regional planning for the respective BMIB. As early as 2009, the BSH drew up the areas of responsibility, there are sectoral plans spatial plans for the German North Sea and based on sectoral laws for certain specific Baltic Sea EEZs on behalf of the then Federal planning areas. Sectoral plans serve to define Process for the expansion of offshore wind energy 15 Ministry of Transport, Building and Urban Affairs relevant. With regard to offshore wind energy, (BMVBS). both spatial plans contain, among other things, the objectives and principles of spatial planning The BMVBS regulation on spatial planning in the for offshore wind energy (3.5) and submarine German EEZ in the North Sea of 21 September cables (3.3). 2009 (BGBl. I p. 3107) came into force on 26 September 2009. On 19 December 2009, the In the process of preparing the spatial plans, a BMVBS regulation on spatial planning in the Strategic Environmental Assessment was also German EEZ in the Baltic Sea of 10 December carried out to identify, describe and evaluate the 2009 (BGBl I p. 3861) came into force. mainly significant environmental impacts on the protected assets. In marine spatial planning, the international provisions of the United Nations Convention on The existing plans are currently in the process of the Law of the Sea (UNCLOS) must be observed being updated (see background information in particular. In addition to the scientific and below). economic use of the oceans, the interests of shipping and nature conservation are particularly background information: Status of the updating procedure of the spatial plans for the German EEZ in the North and Baltic Sea The updating of the spatial plans for the German EEZ in the North Sea and Baltic Sea began in summer 2019 when the Federal Ministry of the Interior, Building and Community informed the public and the public bodies concerned about the updating of the spatial plans in accordance with § 9 para. 1 ROG. Public authorities had the opportunity to provide information on the plans and measures they intend to implement or have already implemented, as well as on their timing, and to make relevant information available. Technical discussions and workshops on relevant sectors and protection interests followed in autumn 2019. In January 2020, the concept for the further development of the spatial plans was published, which set out conceivable solutions through three planning options with different priorities. This was intended to facilitate early participation and exchange on requirements, possible conflicts, but also synergies and approaches to solutions - as a basis for the preparation of a comprehensive draft plan. The publication of the first draft of the spatial plan is scheduled for september 2020. Completion of the revision procedure is planned for 2021. Due to the parallelism of the updating procedures of the spatial plans and the FEP, the processes are interlinked in order to ensure the consistency of the definitions of the respective plan within the respective framework. Essential contents of the concept for the revision and further development of the spatial plans:  Definition of priority areas for offshore wind energy, at least 20 GW  Definition of reserved areas for offshore wind energy for medium to long-term expansion  Adjustment of the priority and reserved area shipping (shipping route 10) to the real shipping traffic, thereby extending the areas N-9 to N-13 in a north-western direction by about 7.5 km to about 8.5 km. This extension is reflected in all three planning options and is accordingly also reflected in this preliminary draft of the FEP. 16 Starting Position  Establishment of nature conservation areas as priority or reserved areas and, in some cases, the main distribution area divers and porpoises as reserved areas Further information can be found on the BSH website.4 these, twelve connecting lines are located in the 2.6.2 Lower Saxony North Sea and five in the Baltic Sea. 2.6.3 Schleswig-Holstein The status of the expansion of offshore connection lines shown in Table 1 includes all 2.6.4 Mecklenburg-Western Pomerania grid connection systems for OWP projects commissioned to meet an individual claim for grid connection by a wind farm operator. 3 Starting Position By the end of 2025, 15 connecting lines will be Current status of expansion built in the North Sea and eight in the Baltic Sea. In addition, the confirmation of the NEP 2019- Since 2009, OWPs and the associated 2030 from December 2019 lists the test field grid connecting lines have been constructed and connection OST-7-1, which was confirmed with operated in the German territorial sea and in the reservations, with a planned completion in 2024. German exclusive economic zone of the North Reference is made to the statements in the Sea and Baltic Sea. confirmation of NEP 2019-2030. As of the end of 2019, offshore wind energy The spatial proximity to the coast is important for plants with a total capacity of approx. 7.1 GW various FEP specifications. As a basis for the have been erected and commissioned. assessment of the spatial proximity to the coast, The expansion of offshore wind energy was and the procedure in the O-NEP for the areas of the is closely linked to the respective framework North Sea and Baltic Sea - a division into conditions. According to current planning, OWP distance zones - is adopted. The zones have a projects with a capacity of around 7.7 GW will be spatial depth of about 50 to 100 km. The on the grid by the end of 2020 and around 10.8 territorial sea and the German EEZ of the North GW by the end of 2025. These projects have Sea are divided into five zones. The spatial either unconditional grid connection depth of zone 1 in the North Sea and the Baltic commitments under the old legal framework Sea is consistent with each other in such a way (under section 118 (12) EnWG old), capacity that when the spatial extent of zone 1 of the allocations (under section 17d (3) or section 118 North Sea is transferred, the entire area of the (19) EnWG) or surcharges (under section 34 territorial sea and the Baltic EEZ will be covered. WindSeeG) by the BNetzA. As a result, the territorial sea and the German By the end of 2019, connecting lines of OWP EEZ of the Baltic Sea lie entirely within distance projects with a transmission capacity of approx. zone 1 of the O-NEP (see Figure 2 and Figure 8.2 GW had been constructed and operated. Of 3). 4 See https://www.bsh.de/DE/THEMEN/Offshore/Meeresraumplanung/Fortschreibung/fortschreibung- raumordnung_node.html Starting Position 17 Table 1 Overview of offshore connecting lines until the end of 2025 and connected offshore wind farm projects Connecting lines by the Transmission Offshore wind farms connected by the end of 2025 end of 2025 capacity Northsea NOR-0-1 (Riffgat) 113 MW Riffgat NOR-0-2 (Nordergründe) 111 MW Nordergründe NOR-1-1 (DolWin5/epsilon) 900 MW Borkum Riffgrund West II, OWP West, Borkum Riffgrund West I NOR-2-1 (alpha ventus) 62 MW alpha ventus NOR-2-2 (DolWin1/alpha) 800 MW Borkum Riffgrund 1, Trianel Windpark Borkum NOR-2-3 (DolWin3/gamma) 900 MW Borkum Riffgrund 2, Merkur Offshore NOR-3-1 (DolWin2/beta) 916 MW Gode Wind 01, Gode Wind 02, Nordsee One NOR-3-3 (DolWin6/kappa) 900 MW Gode Wind III, Gode Wind 04 NOR-4-1 (HelWin1/alpha) 576 MW Meerwind Süd/Ost, Nordsee Ost NOR-4-2 (HelWin2/beta) 690 MW Amrumbank West, KASKASI II NOR-5-1 (SylWin1/alpha) 864 MW Butendiek, Dan Tysk, Sandbank NOR-6-1 (BorWin1/alpha) 400 MW BARD Offshore 1 NOR-6-2 (BorWin2/beta) 800 MW Albatros, Deutsche Bucht, Veja Mate NOR-7-1 (BorWin5/epsilon) 900 MW EnBW He Dreiht NOR-8-1 (BorWin3/gamma) 900 MW EnBW Hohe See, Global Tech I Baltic Sea OST-3-1 (Baltic1)5 51 MW EnBW Baltic1, EnBW Baltic 2, GICON-SOF OST-3-2 (Baltic2)8 339 MW OST-1-1 (Ostwind 1) 250 MW Arkona-Becken Südost, Wikinger, Wikinger Süd OST-1-2 (Ostwind 1) 250 MW OST-1-3 (Ostwind 1) 250 MW OST-2-1 (Ostwind 2) 250 MW ARCADIS Ost I OST-2-2 (Ostwind 2) 250 MW Baltic Eagle OST-2-3 (Ostwind 2) 250 MW 5 The connection system OST-3-2 is based on the connection system OST-3-1 so that the stated transmission capacity of 339 MW comprises the total transmission capacity of both connection systems (see O-NEP 2030, version 2017, p. 30, footnote 16). 18 Starting Position Figure 2: Offshore wind farms in the German North Sea EEZ expected to be operational by the end of 2025 as well as border corridors to the territorial sea and the zoning of the O-NEP for the North Sea. Figure 3: Offshore wind farms in the German EEZ of the Baltic Sea, which are expected to be in operation by the end of 2025, as well as border corridors to the territorial sea and the zoning of the O-NEP for the Baltic Sea Guidelines and basic principles 19 4 Guidelines and basic Statutory expansion path for offshore wind energy principles Offshore wind energy was already of particular Introduction importance after the German government's climate protection strategy for the expansion of The strategic planning of the expansion of offshore wind energy use in 2002. offshore wind energy and the associated grid topology for the transmission of electricity is of The draft law to amend the Wind Energy at Sea enormous importance for the supply of Act and other provisions adopted by the Federal renewable energy. With the increase of different Cabinet on 3 June 2020 provides for an uses in the German EEZ, the space available for increased expansion path of 20 gigawatts by future uses and infrastructures is becoming 2030 and a long-term target of 40 GW by 2040 increasingly scarce. (section 1(2) WindSeeG-E) for offshore wind energy. As the draft law has already been In the interests of systematic and efficient adopted by the Federal Government and is thus planning, the BSH was given the statutory in a broad stage of preparation, it will form the mandate to designate areas and sites for basis for the FEP 2020. Otherwise, new offshore wind energy, as well as corresponding consultations or a further update might be routes and locations for the necessary network necessary after its adoption. topology. As a result of this coordinated process, the measures in the German EEZ are defined in a spatially and temporally binding manner. The definition of planning principles and standardised technology principles for the North Sea and Baltic Sea EEZs is a mandatory prerequisite for the concrete determination of the space requirements of the entire network topology within the FEP. The aim of establishing standardised technology principles and planning principles is to create a basis for systematic and coordinated overall planning. Otherwise, it would not be possible to determine the required space requirement with the necessary precision for the most space-saving planning possible. In addition to determining the space requirement as precisely as possible, standardised technical principles also serve to ensure cost efficiency and the demand-oriented expansion of connecting lines, which is in the interests of the national economy. The starting point for defining the standardized technical principles (4.3) is the technical grid connection concept, the further details of which are described in Section 4.2 20 Guidelines and basic principles The planning principles build on the objectives Summary and principles of the spatial plans for the North Sea and Baltic Sea EEZs. An overall  Definition of the 66 kV connection assessment of the uses of the areas has already concept as the standard for the North Sea EEZ been carried out when the 2009 spatial plans were drawn up. For the current status of the  Deviation from the standard concept is update of the spatial plans in the German EEZ, possible in case of spatial requirements in please refer to Section 2.6. The relevant an area objectives and principles at the level of spatial  If deviation is necessary, specification of planning are predominantly adopted as planning the connection concept of BFO-N 16/17 principles in the FEP and are checked, with a transmission voltage of 220 kV concretised and weighted among themselves in  Cable termination of the 66 kV submarine their significance with regard to their applicability cable systems serves as an interface to the regulatory issues addressed in the FEP on between the transmission system the basis of the concerns and rights presented. operator and the OWP project developer The definition of standardised technology principles and planning principles is already 4.2.2 Standard concept Baltic Sea: three- based on a consideration of possibly affected phase system public interests and legal positions (cf. 4.2.2.1 Three-phase system: Connection explanatory memorandum on the individual between transformer platform and specifications and principles), so that the offshore wind farms: standard definition of standardised technology principles concept 66 kV and planning principles also includes a "preliminary examination" of possible 4.2.2.2 Three-phase system: interface alternatives. between TSO and OWP Connection concepts Summary 4.2.1 Standard concept North Sea: Direct  Definition of the three-phase current connection concept as standard for the current system Baltic Sea EEZ 4.2.1.1 DC system: Connection between  Responsibility for planning, construction converter platform and offshore and operation of the transformer platform wind farms: Standard concept 66 and submarine cable system at the transmission system operator kV  Gas Insulated Switchgear (GIS) serves as 4.2.1.2 Direct current system: Connection an interface between TSO and OWP between converter platform and developer offshore wind farms: Alternative  Voltage level of the submarine cable concept 220 kV systems within the park 66 kV 4.2.1.3 DC system: interface between TSO and OWP Standard technical principles 4.3.1 Direct current system North Sea Guidelines and basic principles 21 4.3.1.1 Direct current system: self-  Connection of offshore wind turbines to commutated technology the converter platform in 66 kV three- phase current technology 4.3.1.2 DC system: transmission voltage +/- 320 kV for zones 1 and 2; transmission voltage +/- 525 kV for 4.3.2 Three-phase system Baltic Sea zone 3 4.3.2.1 Three-phase system: transmission 4.3.1.3 Direct current system: standard voltage 220 kV power 900 MW for zones 1 and 2; standard power 2,000 MW for zone 4.3.2.2 Three-phase system: Standard 3 power 300 MW 4.3.1.4 Direct current system +/- 525 kV: Version with metallic return Summary conductor  Standard transmission voltage 220 kV 4.3.1.5 Direct current system +/- 525 kV:  Standard transmission capacity 300 MW Requirements for connections between each other / switch panels 4.3.3 Cross-border submarine cable to be provided systems 4.3.1.6 Direct current system: 66 kV direct 4.3.3.1 Bundled direct current submarine connection concept cable system Summary 4.3.3.2 Consideration of overall system  Design of the HVDC transmission systems in self-commutated VSC Planning Principles technology In accordance with § 5 Para. 1 No. 11  Standard transmission voltage: +/-320 kV WindSeeG, the FEP contains provisions on in zones 1 and 2; +/- 525 kV in zone 3 planning principles.  Standard transmission capacity: 900 MW The planning principles apply to the area of the in zones 1 and 2; 2,000 MW in zone 3 German EEZ and are based on the objectives  Design of the direct current systems +/- and principles of the BFO. 525 kV with metallic return conductor In the following, general planning principles are  Direct current system +/- 525 kV: first of all defined. Provision of 12 switchgear panels and J- Tubes per 1,000 MW OWP connected load 4.4.1 General principles In the following, planning principles for offshore  Direct current system +/- 525 kV: Create conditions for connections between each wind turbines, platforms and submarine cable other by providing two switch panels per systems are listed. platform Summary 22 Guidelines and basic principles 4.4.1.3 No impairment of the safety and  Overall coordination of the construction ease of air traffic and linstallation work The construction, operation and dismantling  Safety and ease of navigation must not be of wind turbines at sea, platforms and compromised submarine cables must not compromise the  The safety and ease of air transport must safety and ease of air transport. not be compromised 4.4.1.4 No impairment of national and  security of national and alliance defence alliance defence security must not be compromised The installation and operation of wind energy  Obligation to dismantle and safety deposit plants at sea, platforms and submarine cable systems must not impair the security of  Consideration of all existing, approved and national and alliance defence. defined uses  Consideration of cultural goods 4.4.1.5 Dismantling obligation and security  Sound reduction After wind turbines at sea, platforms and  Minimisation of scour and cable protection submarine cable systems are to be measures dismantled. Reference is made to § 58 paras  Consideration of official standards, 1 and 2 WindSeeG. In the case of specifications and concepts dismantling, the components are to be reused, if possible, prior to recycling and this  emission reduction prior to energy recovery or otherwise their -  taking into account the location of demonstrably - proper disposal on land is to explosive ordnance be implemented. In order to ensure that the dismantling obligation is fulfilled, a security  Installation of sonar transponders deposit is to be provided prior to the start of construction and until the final dismantling 4.4.1.1 Overall temporal coordination of of the facilities. the construction and installation 4.4.1.6 Consideration of all existing, work authorised and specified uses In order to avoid or reduce cumulative Due regard shall be paid to existing and effects, an overall time coordination of the approved pipelines as well as to existing construction and installation work is to be submarine cables, offshore wind farms, planned, taking into account the project- offshore platforms and other structures, specific framework conditions. approved and defined in the framework of 4.4.1.2 No impairment of safety and ease this plan, by regularly maintaining a distance of navigation of 500 m, unless ground conditions require greater distances. The concrete choice of The installation and operation of wind sites for offshore wind turbines and turbines at sea, platforms and submarine platforms and the routing of submarine cable cables must not impair the safety and ease of systems shall take into account existing and navigation. approved uses, rights of use and other interests worthy of protection. Guidelines and basic principles 23 The planning, erection and operation of respective applicable version shall be taken offshore wind energy plants, platforms and into account. submarine cable systems are to be carried out in close coordination between the 4.4.1.11 Emission reduction transmission grid operator and the offshore Emissions shall be avoided or, where wind farm developers. unavoidable, reduced. 4.4.1.7 Consideration of cultural assets 4.4.1.12 Consideration of explosive Known sites where cultural assets have been ordnance sites found should be taken into account when Known sites where explosive ordnance was selecting a site or route. If, during the found should be taken into account when planning or construction of wind energy selecting the site or route. If during the plants, platforms or submarine cable planning or erection of the wind energy systems, previously unknown cultural assets plants, platforms or submarine cable located on the seabed are found, appropriate systems, previously unknown explosive measures must be taken to secure the ordnance is found on the seabed, cultural assets. appropriate protective measures must be taken. 4.4.1.8 Sound reduction To reduce noise, the use of alternative, low- 4.4.1.13 Installation of sonar transponders noise forms of foundation should be Sonar transponders must be installed at considered. If wind turbines or platforms with suitable corner positions of the wind farms pile foundations are installed, the use of an and platforms. effective technical noise abatement system must be provided during the driving of the 4.4.2 Sites and wind turbines at sea foundations. The noise protection concept of In the following, planning principles for sites, a planned project must be integrated at an primarily for the construction and operation of early stage in the design of the foundation offshore wind turbines, are listed. Reference is structure. The noise protection concept made to Chapter 4.4.3, which defines planning North Sea of BMU has to be taken into principles for platforms as well as for transformer account. and residential platforms. 4.4.1.9 Minimisation of scour and cable Summary protection measures  Observance of nature reserves and Scour and cable protection measures must consideration of legally protected biotopes be reduced to a minimum.  Economical use of land 4.4.1.10 Consideration of official  Distances between surfaces to each other standards, specifications or and to WTGs concepts For the planning, erection and operation of  Deviation of the actually installed capacity wind energy plants, platforms and submarine from the allocated grid connection capacity cable systems, official standards, specifications and concepts in their 4.4.2.1 Consideration of nature conservation areas and 24 Guidelines and basic principles consideration of legally protected  Space requirements and additional biotopes manoeuvring space The erection of offshore wind turbines in nature conservation areas pursuant to  design of platforms to take into account the Article 57 BNatSchG is not permitted. need for temporary accommodation; no use beyond three years Known occurrences of legally protected biotopes under section 30 BNatSchG shall be avoided when erecting wind turbines. 4.4.3.1 Consideration of nature conservation areas and Reference is made to Article 45a of the consideration of legally protected Federal Water Act (Gesetz zur Ordnung des biotopes Wasserhaushalts (WHG)) that best environmental practice in accordance with The construction of platforms in nature the Helsinki and OSPAR Conventions and the reserves is not permitted. respective state of the art must be taken into Known occurrences of legally protected account and specified in the individual biotopes pursuant to § 30 BNatSchG must be procedure. avoided when constructing platforms. 4.4.2.2 Economical land use Reference is made to Article 45a of the Federal Water Act (WHG) that best The individual wind turbines are to be environmental practice in accordance with arranged in the most space-saving way the Helsinki and OSPAR Conventions and the possible. respective state of the art must be taken into 4.4.2.3 Distances between surfaces and account and specified in the individual between surfaces and wind procedure. turbines 4.4.3.2 Land requirements Wind turbines must be kept at a distance of An area of 100 m x 200 m shall be provided at least five times the rotor diameter from for a converter platform of the voltage level wind turbines in neighbouring sites. 320 kV, and an area of 150 m x 250 m for 4.4.2.4 Deviation of the actually installed platforms of the voltage level 525 kV. An area capacity from the allocated grid of 100 m x 100 m shall be provided for the connection capacity transformer platform. Additional manoeuvring space must be provided for 4.4.3 Platforms platforms arranged side by side. Sufficient Planning principles for platforms are listed space must be provided around the below. Platforms include converter platforms, platforms for the approach and retraction of collection platforms, transformer platforms and the cable systems. residential platforms. 4.4.3.3 Accommodation on platforms Summary Accommodation of personnel on platforms should take place in accommodation already  Observance of nature reserves and provided for this purpose when the platform consideration of legally protected biotopes was planned: When planning and designing the platform, particular attention shall be Guidelines and basic principles 25 paid to structural safety, supply and 4.4.4.2 Distance for parallel laying disposal, including the provision of drinking When laying submarine cable systems in water and waste water treatment, as well as parallel, a distance of 100 m must be occupational health and safety issues, maintained between the individual systems. including rescue routes and equipment. A distance of 200 m must be maintained after every second cable system. Here, especially 4.4.4 Submarine cable systems in the Baltic Sea, the concrete ground The following are planning principles for conditions must be taken into account. submarine cable systems, which for the purposes of this plan include power cable 4.4.4.3 Routing through border corridors systems such as offshore transmission lines, Submarine cable systems which land in cross-border submarine cable systems and Germany must in principle pass through the interconnections. The following planning border corridors N-I to N-V and O-I to O-V principles 4.4.4.5, 4.4.4.6, 4.4.4.8 and 4.4.4.9 respectively, which are defined at the border apply to submarine cable systems for in-park of the EEZ and the 12 sm zone. cabling Cross-border submarine cable systems must Summary also pass through the border corridors N-VI to N-XV and O-I to O-XIII defined at the border  Highest possible bundling in the sense of to the EEZ and the 12 sm zone. parallel guidance Cross-border submarine cable systems  Distance for parallel laying: 100 m; 200 m which do not land in Germany should not be after every second cable system routed through the border corridors N-I to N-  Guided tour of border corridors V due to the very limited available routes in the territorial sea.  Right-angled intersection of priority and reserved areas Shipping 4.4.4.4 Crossing of priority and reserved  Avoid crossings, if absolutely necessary, areas shipping then at right angles; Priority and reserved areas defined for navigation in the EEZ spatial plan should be  Gentle laying method crossed by submarine cable systems by the  Coverage shortest possible route, if parallel routing to existing structures is not possible.  Reduction of sediment warming (compliance with 2 K criterion) 4.4.4.5 Crossings  Consideration of nature reserves and Intersections of submarine cable systems legally protected biotopes should be avoided as far as possible, both among themselves and with other existing pipelines and submarine cables existing or 4.4.4.1 Bundling defined under this plan. If intersections When laying submarine cable systems, the cannot be avoided, they shall be constructed aim is to achieve the greatest possible in accordance with the state of the art and as bundling in the sense of parallel routing. In perpendicular as possible. addition, the route should be as parallel as possible to existing structures. 4.4.4.6 Gentle laying procedure 26 Guidelines and basic principles In order to protect the marine environment, a Deviations from non-variable planning method of laying submarine cable systems principles must be applied for in the should be chosen that is as gentle as respective individual approval procedure. possible. Each deviation must be justified in the individual approval procedure for each 4.4.4.7 Coverage planning principle in a comprehensible and In determining the permanent coverage of plausible manner. Compliance with the legal submarine cable systems, particular requirements in the individual approval attention will be paid to the protection of the procedure must be demonstrated. In marine environment, shipping, defence, particular, the following shall be presented fisheries and system security. and submitted for review: 4.4.4.8 Sediment warming - Justification of each deviation for each When laying submarine cable systems, planning principle and demonstration of potential adverse effects on the marine compliance with the legal requirements environment caused by cable-induced - Presentation of possible implications for sediment warming are to be reduced as far as public and private interests and concerns possible. The so-called "2 K criterion", which - Consideration of the economical and defines a maximum tolerable temperature sparing use of the area within the meaning of increase of the sediment by 2 degrees § 4 para. 2 WindSeeG (Kelvin) at a sediment depth of 20 cm, is to be observed as a precautionary value for nature conservation. Planning horizon 4.4.4.9 Consideration of nature Determination of the expected conservation areas and legally protected biotopes generation capacity When laying submarine cable systems, 4.7.1 Aim of the generation capacity possible adverse effects on the marine determination environment should be minimised. To this end, the submarine cable systems should be 4.7.2 Methodology of generation capacity laid outside nature conservation areas determination wherever possible. The power density of a wind farm (expressed in Known occurrences of legally protected MW/km²) results from the ratio of the nominal biotopes pursuant to Article 30 BNatSchG power of the WTG to its base site, which is are to be avoided when laying submarine spanned by the external WTGs. The power cable systems. density is therefore the determining parameter for determining the generation capacity in Possibilities deviations advance on any given site. The distance of the individual WTGs from each other is the main 4.5.1 Standardised technology principles factor influencing the power density. In the Figure 1 the methodology of the power 4.5.2 Planning principles determination, which is further described in the following, is shown schematically. The Guidelines and basic principles 27 methodology is equally applicable to the North Calculation of the buffer distance x Sea and Baltic Sea EEZs. 1 Site = ∙ ∙ ∙ ∗ 4 Determination of the corrected power density p* Rotor diameter in m Determining the corrected area A* specific output of the WTG in Watt / m² rotor area Calculation of the expected output to be installed ∗ corrected power density in MW/km² Plausibility check Figure 1: Schematic representation of the methodology of the generation capacity determination Table 2: Input parameters for calculating the corrected site Parameters Value 4.7.2.1 Determination of the corrected Corrected power density site-specific power density Rotor diameter 220 m Specific power of the WTG 400 W/m² 4.7.2.4 Plausibility check of the expected generation capacity 4.7.3 Power density in zone 3 Table 3: Power density to be applied Site category Power density to be applied (corrected) [MW/km²]. Figure 2: Representation of the corrected site A* in relation to the Sites in zones 1 and 2 10 nominal site A (Prognosis, 2019) In case of strong shading by 9,5 surrounding wind farms 4.7.2.2 Power density in zones 1 and 2 Sites in zone 3 8 4.7.2.3 Determination of the corrected site 28 Guidelines and basic principles background information: Trailing effects of offshore wind farms What are lag effects? The capacity utilisation of a wind farm (usually measured in full load hours) depends not only on the wind conditions but also on various factors, e.g. the technical design of the wind turbine (ratio of rotor area to rated power), the availability of the turbines or the operating concept. The wind turbine extracts kinetic energy from the air flow during power generation and also ensures that the air layers are swirled in the wake of the turbine. These so-called wake effects ensure that less kinetic energy is available to a leeward plant - thus reducing the utilization of the plant. The kinetic energy is regenerated by an exchange of flow with neighbouring air layers. These effects have been the subject of scientific studies for some time and are already being taken into account in the planning of offshore wind farms. Calculation models used so far are well suited to calculate the internal shading losses within a wind farm and assume that the complete kinetic regeneration of the air flow up to a maximum of 30 km in the wake of a wind turbine has taken place. However, current findings from research projects based on measurements of wind speeds in the German Bight show that in individual situations there are wake patterns of wind farm clusters with a range of 50 km and more (Platis, et al., 2018). Apparently, the prevailing flow conditions, especially the stability of the wind flow, have a significant influence on the range of the wake effects. What new findings are there? Current research projects aim to improve the calculation models in order to enable these long- range wake effects to be taken into account when planning offshore wind farms. As there is little experience with the large-scale expansion of offshore wind energy to date, this makes it difficult to reliably quantify the possible losses in future wind farms. In various research projects, including (Platis, et al., 2018), (Snowman, Rott, Dörenkämper, Steinfeld, & Kühn, 2020) and (Agora Energiewende et al., 2020) the effects of long-range wake effects on the efficiency of offshore wind farms were investigated using measurement campaigns and various calculation models. Among other things, a clear correlation between power density and the expected losses due to wake effects was shown. Within the scope of the measurement campaigns, long-range wake effects were proven, but these were always individual situations. Within the scope of these measurement campaigns, significantly shorter wake effects were also recorded under similar wind conditions. Further research is needed for a reliable estimation of the influence of long-range wake effects on the energy yield. What influence does the size of the wind farm have on efficiency? There is a significant correlation between the amount of yield losses due to wake effects and the size of the wind farm and the distance between the turbines. The larger the area or its power density (i.e. the number of turbines per unit area), the greater the amount of kinetic energy that is extracted from the air flow and the lower the kinetic energy available to the turbines in the wake. What does this mean for determining the expected generation capacity in zone 3? As explained in Section 4.7.2.1 when determining the expected installed capacity, the objectives of increasing installed capacity and cost efficiency mentioned there must be weighed up against each other while ensuring the efficient use and capacity utilisation of interconnectors. For this purpose, in the following section a determination of areas and grid connections with a power Guidelines and basic principles 29 density of 9 MW/km² to be applied analogous to the FEP 2019 and a power density of 8 MW/km² to be applied will be carried out as an example and these determinations will be reviewed with regard to the mentioned objectives. Name Year of Available Criteria for determining the site commissionin transmissio and the chronological order of g n capacity their tendering Nordsee NOR-3-3 2023 658,25 MW For the determination of the sites in the FEP and (DolWin6/kappa the chronological order of their tendering, the ) WindSeeG specifies criteria to be applied in § 5 Ostsee Para. 4. The overall objective of the -- specifications is to ensure that the expansion of offshore wind turbines and the associated connection systems on these sites is carried out 4.8.2.2 Criterion 2: Orderly and efficient in parallel and that the existing connecting lines planning, construction, are used efficiently and at full capacity. This will commissioning, use and utilisation ensure that all offshore wind turbines are of the offshore connecting lines connected in time and vacancies on the with commissioning from 2026 connecting lines are avoided. In this way, the expansion of the use of wind energy is to be 4.8.2.3 Criterion 3: Proximity to the coast carried out as cost-efficiently as possible. When 4.8.2.4 Criterion 4: Conflicts of use on a applying the criteria specified in section 5 para 4 site sentence 2 WindSeeG, this objective and the general objective of the Act to ensure a steady 4.8.2.5 Criterion 5: Expected actual and cost-efficient expansion of the use of buildability of a site offshore wind energy must always be taken into account. The list in sentence 2 is not exhaustive. 4.8.2.6 Criterion 6: Expected generation capacity to be installed 4.8.1 Methodology of applying the criteria 4.8.2.7 Criterion 7: Balanced expansion 4.8.2 Description of the criteria to be between North Sea and Baltic Sea applied 4.8.2.8 Additional criterion coastal sea: 4.8.2.1 Criterion 1: Efficient use and Actual availability of site utilisation of the offshore connecting lines with commissioning by the end of 2025 Table 4: Existing network connection systems or those confirmed unconditionally in the O-NEP with commissioning by the end of 2025 and available transmission capacity 30 Rules 5 Rules located in zone 2, while the areas N-9 to N-13, which are located in zone 3 of the O-NEP, have been extended in a north-western direction in Areas for the installation and accordance with the concept for the revision and operation of offshore wind further development of the spatial plans. The turbines concept provides for an adaptation of the priority According to § 5 para. 1 no. 1 WindSeeG, the and reserved area shipping (shipping route 10) FEP contains definitions of areas for the to the real shipping traffic. This extension is construction and operation of offshore wind reflected in all three planning options (A - C) and turbines. is accordingly also reflected in this preliminary draft of the FEP. Accordingly, in this draft, the A total of 13 areas in the North Sea EEZ and areas are extended in a north-western direction three areas in the Baltic Sea EEZ for offshore by about 7.5 km to about 8.5 km. Reference is WTGs are currently identified in this plan, with made to chapter 2.6.1.2 areas N-4 and N-5 under consideration for possible subsequent use. The areas are Table 1: Overview of areas for offshore wind energy numbered N and O for the North Sea and the Area Size Zone Baltic Sea respectively and 1 to 13 for clarity. [km²] classification of the O-NEP The definition and delimitation of the areas is North Sea based in particular on the provisions of spatial N-1 approx. 79 1 planning and the consideration of other public N-2 approx. 223 1 and private interests. With regard to spatial N-3 approx. 311 1 planning, in addition to the valid 2009 spatial N-4 approx. 152 1 plan, the changes resulting from the concept for N-5 approx. 125 2 updating the spatial plans published and N-6 approx. 249 2 consulted in January 2020 were also taken as a N-7 approx. 163 2 basis. Further information can be found in N-8 approx. 124 2 chapter 2.6.1.2). N-9 approx. 454 3 N-10 about 197 3 Overviews of approved uses and protected N-11 approx. 355 3 areas as well as areas defined by spatial N-12 approx. 494 3 planning can be found in BFO-N 16/17 (Chapter N-13 approx. 270 3 12) and BFO-O 16/17 (Chapter 11). Reference Baltic Sea is made to Chapter 8 of the FEP 2019. The O-1 approx. 134 1 definition of the areas was largely taken over O-2 approx. 83 1 from the O-NEP or the BFO. The areas N-1 to N- O-3 approx. 30 1 4 and all areas of the Baltic Sea are located in zone 1 of the O-NEP. The areas N-5 to N-8 are Rules 31 Figure 1: Areas in the German North Sea EEZ Figure 2: Areas in the German Baltic Sea EEZ 32 Rules utilisation of offshore connecting lines, and to 5.1.1 Definition of areas and sectoral plan, construct, commission and use offshore planning framework connecting lines in parallel with the expansion of In principle, the existing spatial plans for the electricity generation from offshore wind EEZs set the framework mainly for the definition turbines. of areas. The spatial plan for the North Sea EEZ is based on the spatial plan adopted by the Pursuant to section 5 subsection (3) sentence 3 Regulation of 21 September 2009 (see Figure WindSeeG, the admissibility of an area is initially 27). For the Baltic Sea EEZ, the spatial plan assumed if the area is located in a cluster adopted by the Regulation of 10 December 2009 defined by the BFO under section 17a EnWG or applies (see Figure 28). The priority and in a priority, reserved or suitable area of a reserved areas for shipping, lines, research and regional development plan under section 17 wind energy were taken into account in the subsection (1) sentence 1 ROG. This means that selection and definition of the 13 areas in the the permissibility of the designation of areas for North Sea EEZ and the three areas in the Baltic offshore wind energy only has to be reviewed if Sea EEZ. In accordance with the requirements additional or other significant aspects are of the spatial plan, no areas for wind energy in identified or if the review needs to be updated nature conservation areas or naval exercise and deepened. areas were defined (see Figure 31 and Figure According to section 5 subsection (3) sentence 32). In addition to the valid 2009 spatial plan, the 2 no. 5b WindSeeG, the designation of areas or changes resulting from the concept for updating surfaces outside of clusters 1 to 8 in the North the spatial plans published and consulted in Sea and clusters 1 to 3 in the Baltic Sea of the January 2020 were also taken as a basis. More BFO or areas or surfaces in territorial waters detailed information can be found in Chapter designated by a coastal state is inadmissible. 2.6.1.2. This does not apply under section 5 (3) sentence Furthermore, the definition of the areas is based 2 no. 5b WindSeeG if insufficient areas and sites on the clusters defined in the BFP, which cannot be established in these clusters, areas essentially continue to apply. The BFO-N 2012 and sites in territorial waters to achieve the already identified 13 clusters for offshore wind expansion target under section 4 no. 2b EEG. energy and described the reasons why other However, it should be noted that the WindseeG- areas are not eligible for offshore wind energy E adopted by the Cabinet on 3 June 2020 use, cf. Chapter 4.2 BFO-N 2012. This was provides for an increased expansion path for further elaborated in BFO-N 13/14. Reference is offshore wind energy of 20 gigawatts by 2030 made in this context to the explanations in and 40 GW by 2040 (section 1(2) WindSeeG-E). Chapter 4.2 BFO-N 13/14. In the course of the identification and In addition to the spatial planning framework assessment of the areas, the following conditions, the statutory objectives under Article comments on the individual areas have 4 (2) WindSeeG-E also play a decisive role in the essentially either revealed no new findings location and selection of areas. These objectives compared with the clusters identified in the BFO, are to achieve the expansion targets under so that there is nothing to prevent their section 1 (2) sentence 1 WindseeG-E (20 GW by identification in the FEP on the basis of the 2030 and 40 GW by 2040), to expand electricity information currently available, or additional generation from offshore wind turbines in a significant identifiable aspects or updates and spatially ordered and space-saving manner, to more detailed assessments have confirmed the ensure the orderly and efficient use and capacity identification of the clusters in the BFO. Rules 33 With regard to areas N-4 and N-5, reference is Furthermore, the definition of areas for achieving made to the following, to chapters 4.12.4, 5.2 the expansion path of 20 GW by 2030 (§ 1 (2) and 6.3.2.2 of the draft North Sea Environmental WindSeeG-E) is currently not necessary and it is Report and to FEP 2019. not apparent that the definition of areas north- east of shipping route 10 would lead to fewer Although the criteria set out in section 5 (4) conflicts of use than the definitions made since sentence 2 nos. 1 to 7 WindSeeG, such as the the BFO 2012. orderly and efficient planning, construction, commissioning, use and capacity utilisation of 5.1.2 The areas in detail the offshore connecting lines still to be Area N-1 is located between the traffic completed, the spatial proximity to the coast and conflicts of use according to the wording of the separation areas "German Bight Western Act are to be applied to the definition of areas Approach" and "Terschelling German Bight". Bordering the area to the south is the nature and the order in which they are put out to tender, but since the areas are located within the areas, reserve "Borkum Riffgrund", to the east is the the areas are already defined in terms of their priority area 3 for shipping, which is defined by purpose with regard to the criteria to be applied spatial planning. On the western side of the area runs the EEZ border with the Netherlands. The to areas or are examined not only for additional or other significant identifiable aspects and for area lies in the spatially defined priority area for updates and deepening, but also, in particular, wind energy "North of Borkum". The area is with regard to the spatial proximity to the coast expected to be fully developed by the end of (criterion 3) and the existence of conflicts of use 2025. (criterion 4). Area N-2 lies directly north-east of the nature With a view to the cost-efficient development of reserve "Borkum Riffgrund" and is bordered in wind energy, the development of areas close to the north-eastern area by the pipeline "Norpipe". the coast should be started and the distance to It is bordered to the south and north by the the coast should be gradually increased. The shipping areas parallel to the traffic separation areas. The same applies to the eastern side. The zoning of the oceans according to the O-NEP (cf. Figure 2 and Figure 3) is used as a benchmark area is located in the priority area for wind for the distance to the coast. If zone 4 in the energy "North of Borkum", which has been North Sea EEZ develops, the crossing of defined by regional planning. The area is expected to be fully developed by the end of shipping route 10 will result in a significant extension of the necessary connection systems. 2025. In addition, the area northwest of shipping route Area N-3 is also located between the two traffic 10 would have to be examined with regard to its separation areas to the west of the priority area suitability for wind energy. The available data for pipelines "Europipe 2" defined by regional and information basis for this area of the outer planning. The western half of the area is located EEZ is significantly poorer than for the area of in the priority area for wind energy "North of the FEP designated areas. The current AIS data Borkum" as defined by regional planning. The evaluations show possible conflicts with shipping "Europipe 1" pipeline runs through the area in a even outside the shipping route defined by north-easterly direction and is secured by spatial planning. In this respect, reference is corresponding priority and reserve areas for made to the update of the spatial plan for the pipelines. The area is expected to be partially North Sea EEZ. However, conflicts with shipping developed by the end of 2025, see Figure 11. in this area cannot be ruled out at this stage. 34 Rules Area N-4 is located north of Helgoland. On the conservation area. The area lies entirely within eastern side, it borders on the bird sanctuary the main concentration area of divers. "Eastern German Bight" and on Area II of the The N-5 area has been reduced in size nature reserve "Sylt Outer Reef - Eastern compared to the designation of cluster 5 in the German Bight". The area corresponds to the BFO, as the "Butendiek" wind farm project in priority area for wind energy "Süd-lich operation is located in the "Sylt Outer Reef - Amrumbank" as defined in the regional Eastern German Bight" nature reserve. The development plan. The area is largely located in designation of this eastern part of cluster 5 as an the main concentration area of divers and is area would be impermissible with regard to almost completely built-up. It is expected that the possible subsequent use under § 5 (3) sentence area will be fully developed by the end of 2025. 2 no. 5a WindSeeG. This also results from According to current knowledge, the N-4 area is Objective 3.5.1 (3) of the North Sea EEZ ROV. seasonally important for divers. Therefore, the The "Butendiek" project is presented for N-4 area will not be defined and will be reviewed information. for subsequent use. In addition, the area now exclusively comprises The analysis and assessment of cumulative the operational projects "Dan Tysk" and impacts of offshore wind farms on divers showed "Sandbank" compared to the designation of that the avoidance effects and thus habitat loss cluster 5 in BFO-N 2012-17. The area is under for divers are far more pronounced (GARTHE et review for possible subsequent use due to its al. 2018, BioConsult SH et al. 2020) than great importance for divers. Reference is made originally assumed in the decisions on individual to the implementation in the environmental approval procedures of the BSH and in the report chapter 4.6 and 5.2. Environmental position paper of BMU (2009). Report North Sea. A concrete statement on the approved operating The reason for the area's need for examination life of the OWP projects in operation in area N-4 with regard to possible subsequent use is that, or possible measures within the framework of pursuant to § 8 (3) WindSeeG, provisions on implementation is not associated with the subsequent use can be made within the presentation of area N-4 under review with framework of a continuation of the FEP beyond regard to a possible subsequent use, but is 2030. According to the explanatory reserved for the respective procedure. The same memorandum to the Act, it can only be applies to the project which falls under the determined whether the project areas of the wind provisions of the transitional regime. The farms in operation which become free at that treatment of this issue is reserved for the time are either to be used for the generation of approval procedure. electricity from wind energy at sea and a new invitation to tender is to be issued for this area or Reference is made to Chapters 4.12.4, 5.2 and whether these areas are no longer to be used for 6.3.2.2 of the draft North Sea Environmental this purpose. A statement on the approved Report and to the comments on Area N-5 and operating period of the OWP projects in FEP 2019. operation in area N-5 or any measures within the In addition, reference is made to the following framework of implementation is not associated comments on Area N-5. with the presentation of area N-5 under Area N-5 lies west of Sylt in or on the edge of the examination with regard to a possible "Sylt Outer Reef - Eastern German Bight" nature subsequent use, but is reserved for the respective procedure. Rules 35 Area N-6 is located north of the traffic separation Area N-11 is bordered by shipping routes 4, 5 area "German Bight Western Approach". In the and 6, the cross-border sea cable system eastern direction, the area is bounded by the "NorNed" and the nature conservation area reserved area Shipping 12 and in the northern "Sylter Außenriff - Östliche Deutsche Bucht". direction by the shipping route 6. The EEZ Area N-12 is delimited by shipping routes 4 and border with the Netherlands runs west of the 10 and the cross-border sea cable system area. The area is expected to be partially "NorNed". For navigation route 10 (see developed by the end of 2025, see Figure 11. background information in chapter 2.6.1.2), the Area N-7 is located north of the VTG "German situation from the published and consulted Bight Western Approach". It is bordered to the concept for updating the spatial plans is taken as west by the shipping area 12 and to the north- a basis. east by the pipeline area ("Norpipe"). The area is Area N-13 is 6limited by shipping route 10 and expected to be partially developed by the end of the nature reserve "Sylter Außenriff - Östliche 2025, see Figure 11. Deutsche Bucht" as well as the main distribution Area N-8 lies within the priority area "Östlich area divers. For shipping route 10 (see Austerngrund" wind energy, as defined in the background information in chapter 2.6.1.2), the regional development plan. To the south-west situation from the published and consulted the area is bounded by the area reserved for concept for updating the spatial plans is used as pipelines ("Europipe 1"), to the east by shipping a basis. route 5. To the north the area is bounded by the Area O-1 ("Westlich Adlergrund") is located existing wind farms. In the northern part of the northeast of the island of Rügen on the border area, the area is bounded to the west along the with the Danish EEZ. The area is located north NorNed interconnector. The area is completely of the nature reserve "Pomeranian Bay - built-up, see Figure 11. Rönnebank" and north of priority area 21 for Area N-9 is delimited by shipping routes 6 and shipping. To the west of the area is priority area 10 and the area reserved for pipelines 20 for shipping, and on the eastern side runs the ('Norpipe'). For navigation route 10 (see EEZ border with Denmark. The area includes the background information in chapter 2.6.1.2) the priority area "Westlich Adlergund", which has situation from the published and consulted been defined by regional planning. The area is concept for the updating of the spatial planning expected to be partially developed by the end of is used as a basis. 2025, see Figure 3 and Figure 12. Area N-10 is located between shipping routes 4, Area O-2 ("Lake Arkona") is located northeast of 6 and 10 and the reserved area of the pipeline the island of Rügen. The area is bordered to the ('Europipe 1'). For shipping route 10 (see north and east by priority areas 19 and 20 for background information in chapter 2.6.1.2), the shipping. The southern boundary of the area situation from the published and consulted results from the route of the data cable "Baltica concept for updating the spatial plans is taken as Segment 3". In the west, the area is bordered by a basis. a priority area for research. The area is expected to be partially developed by the end of 2025, see 6 To protect the divers, the distance to the main distribution area corresponds to the habitat loss of 5.5 km. 36 Rules Figure 3 and Figure 12. For further information, Priority Area 19 for shipping and to the east by please refer to Chapter 5.2.2. NATO submarine search areas. This area encloses the priority area for wind energy Area O-3 ("Kriegers Flak") is located northwest "Kriegers Flak" and is fully developed. Reference of the island of Rügen. The area is bordered to is also made to the admissibility check in the north by the Swedish EEZ border, to the west Chapter 8.3. by the Danish EEZ border, to the south by Rules 37 Table 2: Summary overview of the areas in the FEP 2019 [A revision is made in the draft of the FEP 2020]. Area Cluster At present, additional considerable recognizable aspects compared to designation the designation of clusters in the BFO (§ 5 para. 3 sentence 3 in the BFO WindSeeG) Currently discernible conflicts of use North Sea N-1 Yes No N-2 Yes No N-3 Yes No N-4 Yes Location in the main distribution area divers. (re-use under Location in the main distribution area of harbour porpoises. examination) N-5 (re-use Yes Reduction of the designated Cluster 5 to the operating OWPs "Dan Tysk" and under "Sandbank". The "Butendiek" project is presented for information purposes as a examination ) wind farm due to its location within the protected area. Location in the main distribution area divers. Location in the main distribution area of harbour porpoises. N-6 Yes No N-7 Yes No N-8 Yes No N-9 Yes No N-10* Yes No N-11 Yes No N-12* Yes No N-13* Yes Location in the main distribution area of harbour porpoises. Baltic Sea O-1 Yes Bird migration O-2 Yes Bird migration Conflicts of use with research areas. O-3 Yes Area has been reduced in size compared to the designated cluster. Bird migration * The areas have been enlarged to the north-west compared to the designated clusters. N-3.6 approx. 33 66 kV Sites for the construction and N-3.7 approx. 17 155 kV1) operation of offshore wind N-3.8 approx. 23 155 kV1) turbines N-42) - - - N-52) - - - 5.2.1 Determination of sites N-6 N-6.6 approx. 44 66 kV Table 3: Overview of areas and sites for offshore wind energy N-6.7 approx. 16 66 kV N-7 N-7.2 approx. 58 66 kV Area Site Size of Connection N-8 - - - site [km²] concept N-9 N-9.1 approx. 100 66 kV North Sea N-9.2 approx. 105 66 kV N-1 - - - N-9.3 approx. 105 66 kV N-2 - - - N-9.4 approx. 101 66 kV N-3 N-3.5 approx. 29 66 kV N-10 N-10.1 approx. 96 66 kV 38 Rules N-10.24) approx. 93 66 kV 2023 and will therefore be connected using the 155 kV Baltic Sea connection concept. 2) Sites N-4 and N-5 are under consideration for possible O-1 O-1.3 approx. 25 66 kV subsequent use. Reference is made to chapter 5.1 O-2 O-2.25) approx. 20 - 4) The sites N-10.2 is not fully required to achieve 20 GW. O-3 - - - 5) The determination of the site O-2.2 is questionable. 1) Sites N-3.7 and N-3.8 will be connected to the NOR-3-3 Reference is made to chapter5.1.2,5.2.2 and 8 connection system, which will go into operation as early as Rules 39 North Sea Figure 3: Areas and sites in the German North Sea EEZ Figure 4: Sites in areas N-3, N-6, N-7, N-9 and N-10 in the German North Sea EEZ 40 Rules Baltic Sea Figure 5: Areas and sites in the German Baltic Sea EEZ Rules 41 5.2.3 Relevant criteria for deciding against Expected generation capacity the establishment of an site Table 5: Overview of the power expected to be installed on the Table 4: Overview of the relevant criteria for the decision against a sites for offshore wind turbines zoning Area Site Expected Area Site Decisive criteria for the generation decision against a capacity [MW] determination of a site North Sea North Sea N-3.5 420 N-5 - Criterion 4 N-3.6 480 N-8 - Criterion 2 N-3 N-3.7 225 Baltic Sea O-11) - Criteria 4 and 6 N-3.8 433 O-21) O-2.2 Criteria 2, 4 and 6 N-6.6 630 N-6 1) Reference is made to Chapter 6, which shows available N-6.7 270 grid connection capacities for pilot wind turbines in areas O- N-7 N-7.2 930 1 and O-2. For information on possible conflicts of use, N-9.1 1.000 please refer to chapter 8, the draft of the environmental N-9.2 1.000 reports and FEP 2019 and its environmental reports. N-9 Whether and where exactly the construction and operation N-9.3 1.000 of pilot offshore wind energy turbines is permitted will be N-9.4 1.000 decided solely by the approval procedure for pilot offshore N-10.1 1.000 wind energy turbines to be carried out later. N-10 N-10.21) 1.0001) Baltic Sea O-1 O-1.3 300 1) The N-10.2 site is not fully required for 20 GW. 5.3.1 Plausibility check of the expected generation capacity 42 Rules Specifications for the territorial sea Figure 13: Areas submitted by Mecklenburg-Vorpommern for possible designation and the test site in the territorial sea 5.4.1 Need for an administrative agreement 5.4.2 Areas for the installation and operation of offshore wind energy turbines 5.4.3 Sites for the installation and operation of offshore wind energy turbines 5.4.4 Specifications on the test site Rules 43 Chronological sequence of tenders for the sites 5.5.1 Chronological sequence of tenders for the sites Table 6: Overview of the chronological order of sites to be tendered using criteria 1 to 8 Calendar year Calendar year Site Network Expected Total expected Tender including the designation connection generation generation capacity quarter of system capacity [MW] commissioning [MW] N-3.7 NOR-3-31) 225 2021 QX 2026 N-3.8 NOR-3-31) 433 958 O-1.3 OST-1-41) 300 2022 QX 2027 N-7.2 NOR-7-21) 930 930 N-3.5 NOR-3-21) 420 2023 QX 2028 900 N-3.6 NOR-3-21) 480 N-6.6 NOR-6-31) 630 N-6.7 NOR-6-31) 270 2024 QX 2029 2.900 N-9.1 NOR-9-11) 1.000 N-9.2 NOR-9-11) 1.000 N-9.3 NOR-9-21) 1.000 N-9.4 NOR-9-21) 1.000 2025 QX 2030 4.000 N-10.1 NOR-10-11) 1.000 N-10.22) NOR-10-11) 1.000 Total target system 9.688 Expected stock 2025 10.800 Projected stock in 2030 20.488 1) Reference is made to the confirmation of the network development plan 2019-2030 and to the preparation, review and confirmation of the network development plan 2021-2035 2) The N-10.2 site is not fully required for 20 GW. 5.5.2 Representation of the review of the time sequence based on references to offshore connecting cables, grid connection points and the network 44 Rules Calendar year of commissioning for offshore wind turbines and connecting lines Table 7: Overview of calendar years of commissioning for offshore connecting lines, taking into account the notes listed in Chapter 5.5 Name Calendar year Transmission including capacity [MW] quarter of the commissioning year OST-1-4 QX 2026 300 NOR-7-2 QX 2027 9301) NOR-3-2 QX 2028 900 NOR-6-3 QX 2029 900 NOR-9-1 QX 2029 2.000 NOR-9-22) QX 2030 2.000 NOR-10-12) QX 2030 2.000 1) It should be noted that for the transmission capacity for the NOR-7-2 offshore connection line, it is assumed that, with an expansion target of 20 GW, there is no limitation by a statutory expansion path of 700 to 900 MW per tender year. (see Chapter 5.2) 2) It is noted that the NEP 2019-2030 has confirmed two connecting lines (NOR-10-1 and NOR-12-1) for the German North Sea EEZ for the calendar year of commissioning 2030, subject to future consideration of the sites to be developed in an update of the FEP. However, since sites in the extended areas N-9 and N-10 are to be defined, the connecting lines NOR-9-2 and NOR-10-1 would be necessary. Reference is made to the preparation, examination and confirmation of the NEP 2021-2035. Locations of converter platforms, collection platforms and substations Routes or route corridors for offshore connecting lines Rules 45 Gates to coastal waters 5.9.1 Current status 5.9.2 Definition of border corridors to the territorial sea Table 13: Overview of the use of the border corridors Border Sea cable system corridor N-I (1) NOR-1-1/DolWin5 (2) NOR-8-1/BorWin3 (3) NOR-2-3/DolWin3 (4) COBRAcable N-II (1) NOR-7-1/BorWin5 (2) NOR-3-1/DolWin2 (3) NOR-2-2/DolWin1 (4) NOR-2-1 (alpha ventus) (5) NOR-6-1/BorWin1 (6) NOR-6-2/BorWin2 (7) NOR-3-3/DolWin6 (8) NOR-3-2 (9) NOR-6-3 (10) NOR-9-2 N-II (1) NOR-9-1 (2) NOR-10-1 (1) Sea cable system to Norway (2) Sea cable system to UK (3) Sea cable system to UK N-V (1) NOR-7-2 N-IV (1) NOR-4-2/HelWin2 (2) NOR-4-1/HelWin1 (3) NOR-5-1/SylWin1 (4) NordLink O-I (1) OST-1-1 / Ostwind 1 (2) OST-1-2 / Ostwind 1 (3) OST-1-3 / Ostwind 1 (4) OST-2-1 / Ostwind 2 (5) OST-2-2 / Ostwind 2 (6) OST-2-3 / Ostwind 2 (7) OST-1-4 (8) OST-2-4 (under examination) (9) Sea cable system to Denmark (10) Sea cable system to Denmark (11) Sea cable system for the development of other energy production areas SEO-1 O-II (1) OST-2-1 O-III (1) OST-3-1 (2) OST-3-2 (3) Sea cable system to Schweden 46 Rules (4) Sea cable system to Schweden (5) Sea cable system to Denmark O-IV (1) Kontek (2) Sea cable system to Danmark O-V (1) Sea cable system to Danmark O-XIII (1) Sea cable system to Danmark overall system, i.e. in particular with regard to the Routes and route corridors for connecting lines for OWPs. cross-border power lines On the basis of TYNDP 2018 (cf. Chapter 2.5.4) For the purposes of this plan, cross-border and the ENTSO-E System Needs Report on power lines are submarine cable systems which TYNDP 2018 (ENTSO-E AISBL, 2018), routes or run through at least two countries bordering the route corridors are to be spatially secured for the North Sea or the Baltic Sea. following possible cross-border power lines. 5.10.1 Current status Under this plan, nine additional cross-border Several cross-border power lines run through power lines will be identified in the North Sea the German North Sea EEZ. On the one hand, EEZ. Three of them are planned to connect to a there is an operational cross-border submarine landing in Germany. All three of them start on the cable system called "NorNed", which connects border corridor N-III in Lower Saxony. Norway and the Netherlands. Furthermore, the The submarine cross-border cable system to "COBRAcable" project linking the Netherlands Norway, which starts at border corridor N-III, and Denmark is in operation. In addition, the runs parallel to "Europipe 2", shipping route 4 to NordLink project, a link between Norway and shipping route 10 and from there, at the border Germany, is in operation in the German EEZ. of areas N12 and N13, to border corridor N-VI. The "Viking Link" project linking Denmark to the UK was approved. The other two cross-border submarine cable systems arriving in Germany lead to Great The German EEZ of the Baltic Sea is also Britain. Both routes start at border corridor N-III crossed by cross-border power lines in and then run parallel to "Europipe 2" in a operation: "Kontek" (linking Denmark and northerly direction to the southern edge of Germany) and "Baltic Cable" (linking Sweden shipping route 2. The two routes separate here. and Germany). Furthermore, the cross-border From there, one route runs west to the crossing submarine cable system called "Kriegers Flak of "Europipe 1" and then parallel to the "Norpipe" Combined Grid Solution" is in operation. This pipeline or along the western EEZ border to project links Denmark and Germany by border corridor N-XI. The other route runs north connecting a Danish OWP project with a of the N-1, N-2 and N-3 areas and continues German OWP project. west to border corridor N-XV. 5.10.2 Definition of routes and corridors for A cross-border system is planned to connect the cross-border electricity lines converter platform in area N-1 with neighbouring OWPs in the Netherlands. This leads from the This plan is intended to secure the spatial converter platform in area N-1 westwards integrity of routes or route corridors for possible through border corridor N-XV. cross-border power lines in order to ensure that in future the existing and planned cross-border In addition, four other cross-border submarine submarine cable systems fit into a coordinated cable systems are planned which can only cross Rules 47 the German EEZ and connect the Netherlands with a reduced distance of 350 m and 450 m to with Denmark or Norway. Three routes run on the wind farm respectively, in order to minimise both sides of the shipping route 10 and connect interference with the overlaying submarine the border corridors N-VI and N-XIV as well as diving area. From border corridor O-I, two cross- N-VII and N-XIII. One system is planned in border undersea cable systems are also planned parallel to "Viking Link". Another system will in the direction of Bornholm, which will run connect the border corridors N-X and N-XIII, parallel to the existing connection lines to border which will run largely parallel to the Norpipe and corridors O-X and O-XI. With regard to border then run along the EEZ border to the border corridor O-X, it is pointed out that it is located on corridor N-XIII. the edge of a submarine diving area and that, for reasons of national and Alliance defence In the Baltic Sea EEZ, eight routes for cross- security, a route should also be taken in the border submarine cable systems will be laid out, Danish area outside this NATO exercise area. connecting the German territorial sea with the Danish and Swedish EEZs. One system each is A further system is planned parallel to planned in the area of the Fehmarn Belt crossing "NordStream 1" or between "NordStream 1" and (O-V to O-VI) and parallel to "Kontek" (O-IV to O- "Nord-Stream 2" and connects the border VII). Another system to Denmark leads from corridors O-XII and O-XIII. border corridor O-III to border corridor O-VIII. A route from Poland to Denmark does not seem Also in border corridor O-III, two systems possible at the moment due to existing towards Sweden start, which lead to border restrictions within the German EEZ. corridor O-IX parallel to the "EnBW Windpark Baltic 2" wind farm. These are planned in the area of the "EnBW Windpark Baltic 2" wind farm 48 Rules Figure 21: Cross-border submarine cable systems in the German North Sea EEZ Figure 22: Cross-border submarine cable systems in the German Baltic Sea EEZ 8.4.3 Definition of border corridors for border corridors. It also does not indicate cross-border electricity lines whether a conflict-free route in all directions is The routes planned in the FEP must be able to possible in foreign areas. be sensibly routed through the territorial sea or Therefore, the border corridors in this plan are the EEZs of neighbouring countries to the NVPs. defined in close coordination with the coastal The border corridors serve as places where the countries and neighbouring states. In those connecting pipelines cross the border between areas in which it is possible according to the the EEZ and the territorial sea or with current state of knowledge, border corridors are neighbouring countries. For the area of the North defined in the transition area to the coastal sea Sea EEZ, this concerns the territorial sea of for the bundling of submarine cable systems, Lower Saxony and Schleswig-Holstein and the through which all submarine cable systems EEZs of the Netherlands, Great Britain and landing in Germany are to be routed. In this way, Denmark. In the Baltic Sea, this applies to the the cable systems are to be concentrated at territorial sea of Schleswig-Holstein and these points as far as possible and bundled for Mecklenburg-Western Pomerania and the EEZs further diversion towards the NVP. With regard of Denmark, Sweden and Poland. The border to the designation of the border corridors to the corridors are defined with a standard width of 1 territorial sea, reference is made to Chapter 5.9. km, unless existing restrictions lead to different Reference is made to planning principle 4.4.4.3. dimensions. This width does not indicate whether, when and how many submarine cable The border corridors N-VI to N-XV and O-VI to systems are to be routed through the respective O-XIII at the outer border of the EEZ serve the Rules 49 purpose of bundling possible cross-border In border corridors O-IX and O-X, interference submarine cable systems which are not yet with the submarine diving areas Bravo 2-5 used known in terms of their specific route, in or by NATO must be reduced as far as possible. A through the German EEZ. The border corridors route outside these areas is to be aimed for. are based on existing plans for cross-border Further co-ordination of the border corridors N- submarine cable systems and wind farms as well VI to N-XV and O-VI to O-XIII for cross-border as on the pipelines and data cables already laid. submarine cable systems with the riparian states In defining the border corridors, the known plans is to take place within the framework of updates for OWPs in neighbouring countries were also of the FEP, the respective regional development taken into account in order to enable the plans or the respective approval procedures. development of a sea-wide network. Border corridor N-XV was extended to the extent that Reference is made to Figure 21 and Figure 22. submarine cables north of the Dutch wind farms can be routed to the border corridor. 50 Rules Table 14: Overview of border corridors and routes for cross-border power lines identified in the FEP Cross border corridor Cross border corridor Country A Country B A B Nordsee N-III N-VI Germany Norway N-III N-XI Germany UK N-III N-XV Germany UK N-VI N-XIV Denmark / Norway Netherlands N-VII N-XIII Denmark / Norway Netherlands N-VIII N-XII Denmark UK N-X N-XIII Norway Netherlands NOR-1-1 N-XV Germany, Area N-1 Netherlands Ostsee O-V O-VI Germany Denmark O-IV O-VII Germany Denmark O-III O-VIII Germany Denmark O-III O-IX Germany Schweden O-III O-IX Germany Schweden O-I O-X Germany Denmark O-I O-XI Germany Denmark O-XIII O-XII Germany n.n. Rules for pilot offshore wind turbines 51 Routes and route corridors for Spatial requirements connections between Summary installations Table 8: Overview of train paths defined in the FEP for - installation of pilot wind turbines only in areas connections between installations defined under 5.1 Platform A Platform B - Compliance with the planning principles North Sea NOR-9-1 NOR-9-2 Baltic Sea Technical conditions and - - requirements for grid connection Summary 6 Rules for pilot offshore - Agreement or consent with or from affected wind turbines third parties, e.g. - OWP projects for the use of the Available grid connection transformer platform and for the spatial capacities and technical integration in its projects Table 16: Grid connection capacities available - Neighbouring OWP projects for pilot wind turbines - Responsible TSO, e.g. to check that Connecting line Available grid the connecting line is operated in connection capacities conformity with the approval (e.g. for pilot wind turbines compliance with 2K criteria) and to North Sea distribute the power in case of several NOR-2-2 88 MW three-phase submarine cable systems /DolWin1/alpha NOR-2-3 50 MW - Interface agreement with OWP promoter or /DolWin3/gamma TSO for connection to the platform NOR-3-3 ca. 58,25 MW /DolWin6/kappa NOR-4-2 /HelWin2/beta 15 MW 1) NOR-6-2 /BorWin2/beta 14,4 MW Baltic Sea OST-1-3 5 MW OST-2-1 3 MW OST-2-3 23,75 MW 1) As the 62 MW capacity available on the NOR-4-2 connection system (HelWin2/beta) is partly released for the NOR-7-2 connection system to be built at the Büttel grid connection point, the grid connection capacity available for pilot wind turbines in area N-4 is reduced to 15 MW. 52 Areas for other forms of energy generation 7 Areas for other forms of examined whether it is also possible to designate additional areas, e.g. in zones 4 and 5 (cf. energy generation background information in Chapter 2.6.1.2). Due to the limited space in the EEZ, competition Call for tenders for other forms between grid-bound and off-grid energy of energy generation production may arise. For a better overview, the areas for other forms Planning approval of other forms of energy generation are designated with the of energy generation plants letters SEN or SEO for other energy generation areas in the North Sea and Baltic Sea and Definition of areas for other numbered consecutively. forms of energy generation The area for other forms of energy generation Two other areas for other forms of energy SEO-1 is under review due to possible conflicts generation are identified under this plan. These of use with regard to nature conservation issues, are areas which are too small to be connected to in particular bird migration. Reference is made to the grid. Due to the proximity of the coast, the the comments on area O-2 in Section 5.2.2. areas in distance zones 1 to 3 should initially be Name Position Size Distance reserved for grid-bound energy production. to shore EEZ North In this preliminary draft, two areas in zones 1 and SEN-1 Sea ca. 28,8 km² Zone 2 2 are therefore put up for discussion. SEO-1 (under EEZ Baltic In the longer term and taking into account the ca. 7,8 km² Zone 1 examination Sea continuation of spatial planning, it can be ) Areas for other forms of energy generation 53 North sea Figure 23: Areas for other forms of energy generation in the North Sea EEZ SEN-1 borders northeast on the offshore wind option from a geographical point of view in farms "EnBW Hohe See", "Albatros" and "Global relation to the capacity of a standard connection Tech 1". The "NorNed" interconnector also runs in the North Sea with 2 GW transmission roughly through the middle of the area. To the capacity. This is particularly true in view of the west, north and east, the area is also bordered limited number of possible route corridors in the by shipping routes. North Sea when crossing the territorial sea. In order to achieve the medium- and long-term The construction of own cables and pipelines to expansion targets for offshore wind energy, the transport energy or energy sources from another available corridors, especially in the North Sea, energy production area in the German North Sea should be reserved for grid-bound wind energy. EEZ is excluded for the other energy production This also applies to a greater extent to the area SEN-1 defined here. One of the reasons for construction of a private pipeline with this is that the possibility to construct a separate comparatively low transmission capacity, which power cable, e.g. to connect a land-based would require even more space due to the electrolysis plant to the area for other forms of greater distances involved. energy generation, is an inefficient connection 54 Areas for other forms of energy generation Baltic Sea Figure 24: Areas for other forms of energy generation in the Baltic Sea EEZ SEO-1 (under review) is bounded to the north by operator of the area. Consistency of the the "Baltica Segment 3" data cable, to the east specifications with private and public interests by the OST-2-4 connection system under review, to the south by a shipping route and to the west by a research reserve area. The area for other forms of energy generation SEO-1 is under examination due to possible conflicts of use with regard to nature conservation issues, in particular bird migration. Reference is made to the comments on area O- 2 in Chapter 5.2.2. In the event that the SEO-1 (under review) is to be connected by a submarine cable system, a possible route for the development of the area will be spatially secured on the basis of the consultation of the preliminary draft. This would have to be constructed and operated in accordance with the legal requirements by the Conformity of the rules with private and public concerns 55 8 Conformity of the rules The admissibility of the specifications was examined by the state of Mecklenburg-Western with private and public Pomerania for the coastal waters of concerns Mecklenburg-Western Pomerania. Please see the environmental report of the Mecklenburg- According to section 5 subsection 3 of the Western Pomerania spatial development WindSeeG, spatial specifications are programme (LEP-MV) with regard to the threat inadmissible if there are overriding opposing to the marine environment. public or private interests. A catalogue lists the particular concerns involved. If any of these Legal grounds for exclusion reasons for exclusion exists, a specification is inadmissible in any case. The list of concerns is 8.1.1 Compliance with spatial planning not exhaustive.7 Individual concerns must be requirements weighed against each other where there is Any provisions that fail to comply with spatial competition between them. planning requirements according to section 17 For the specification of sites and areas according subsection 3 of the Federal Spatial Planning Act to section 5 subsection 1 nos. 1 and 2 of the are inadmissible. This will then involve the land WindSeeG which are located in a cluster defined use aspects of the specifications according to by the Spatial Offshore Grid Plan (BFO) under regional criteria. According to section 3 section 17a of the Energy Industry Act, or in a subsection 1 No. 1 of the Federal Spatial priority, reserved or designated area of a Spatial Planning Act, the requirements of spatial Plan according to section 17 subsection 3 planning represent the generic term for spatial sentence 1 of the Federal Spatial planning Act, planning objectives, principles and other the admissibility of the specification need only be requirements of spatial planning. According to examined if additional or other significant section 4 subsection 1 No. 1 of the Federal aspects are discernible or if updates and in- Spatial Planning Act, the spatial planning depth examinations are required (cf. section 5 objectives must be observed in regionally subsection 3 sentence 3 of the WindSeeG). significant planning operations and measures, and other requirements of spatial planning must The background to this is that when examining be taken into account in balancing or the specifications of the clusters in the Spatial discretionary decisions. Offshore Grid Plan and priority, reserved or designated sites in the Spatial Plans for the The Spatial Plans for the German Exclusive North Sea and Baltic Sea EEZs, a balancing Economic Zone in the North and Baltic Sea decision was already made in accordance with EEZs8 for the first time specify spatial planning the applicable provisions in which the concerns objectives and principles for this region with were weighed against and among one another. regard to economic and scientific use, ensuring the safety and ease of shipping traffic and 7 Cf. BT DrS 18/8860 of 21 July 2016, draft bill of the 8 Appendix volume to Federal Law Gazette I No. 61 of 25 CDU/CSU and SPD parliamentary groups, draft bill on the September 2009, annex to the Ordinance on Spatial introduction of calls for tenders relating to renewable Planning in the German Exclusive Economic Zone in the energies and further amendments to the law on renewable North Sea; appendix volume to the Federal Law Gazette I energies, p. 273. No. 78 of 18 December 2009, annex to the Ordinance on Spatial Planning in the German Exclusive Economic Zone in the Baltic Sea. 56 Conformity of the rules with private and public concerns protection of the marine environment. Guidelines Landscape planning) were extended to the area for spatial development are formulated and of the German EEZ and the continental shelf in objectives and principles are defined, in accordance with section 56 subsection 1 of the particular areas for uses and functions. The Federal Nature Conservation Act. This means Spatial Plan defines coordinated specifications that in particular, the requirements of statutory for the individual uses and functions of shipping, biotope conservation (section 30 of the Federal extraction of raw materials, pipelines and subsea Nature Conservation Act), European cables, scientific marine research, wind power conservation of natural habitats (section 34 of generation, fisheries and mariculture, and the Federal Nature Conservation Act) and protection of the marine environment. special wildlife conservation (sections 44 ff. of the Federal Nature Conservation Act) must be The specifications of the draft were reviewed to observed. The corresponding examinations ensure that they are compliant with the spatial were carried out as part of the Strategic planning objectives and principles. Environmental Assessment and presented in the The spatial plans for the exclusive economic environmental reports. For assessment of the zone are being updated. The first draft plan is risk to the marine environment, reference is expected to be published by the end of made to chapters 7.3 to 7.6, the environmental September 2020. The stipulations made in this reports and, for specifications based on previous context will be observed and taken into account sectoral plans, the environmental reports for the in the updating of the FEP, see also Chapter Spatial Offshore Grid Plan, in particular the 2.6.1.2. environmental report on the Spatial Offshore Grid Plan for EEZ 2016/17. 8.1.2 No hrisk to the marine environment According to section 5 subsection 3 sentence 2 8.1.3 No negative impact on safety or ease no. 2 of the WindSeeG, specifications that of traffic endanger the marine environment are Specifications that effect the safety and ease of inadmissible. traffic are also inadmissible according to section In this context, the existing provisions of specific 5 subsection 3 sentence 2 no. 3 WindSeeG. legislation, i.e. above all those relating to wildlife In defining the areas, the requirements of the conservation and conservation of natural spatial plans were observed and taken into habitats, as well as the assessments with regard account. Changes to the areas defined in the to likely significant environmental effects within BFO result primarily from the published and the scope of the Strategic Environmental consulted concept for updating the spatial plans Assessment, establish the fact of the threat to and are based on the shipping route 10 defined the marine environment. therein. As matters related to navigation were Reference is made to the maps in chapter 0 for otherwise already examined within the the representation of the area. framework of the preparation and updating of the BFO, a renewed examination of the areas and Under Art. 1 of the Federal Nature Conservation sites pursuant to section 5 para. 3 sentence 3 Act (BNatSchG),9 all instruments of nature WindSeeG is generally not necessary or is not conservation (with the exception of chapter 2: 9 Act dated 29 July 2009, Federal Law Gazette. I No. 51 p. 2542, last amended by article 1 of the Act dated 15 September 2017, Federal Law Gazette I p. 3434. Conformity of the rules with private and public concerns 57 required in accordance with the following and Baltic Sea. Therefore, areas and sites are explanations, except for the definition of areas N- not specified in nature conservation sites. 9 to N-13 and individual definitions. 8.1.6 No location outside the areas and For the examination of the spatially modified sites designated in BFO clusters or areas N-9 to N-13, reference is made to Chapter by coastal states 8.5, 2.6.1 and to the procedure for updating the spatial plans for the EEZ. The specification of areas or sites outside clusters 1 to 8 in the North Sea and clusters 1 to 8.1.4 No impairment of the security of 3 in the Baltic Sea of the BFO, or the areas or national and Alliance defence sites designated by a coastal state in coastal waters, are inadmissible according to section 5 According to section 5 section 3 subsection 4 subsection 3 sentence 2 no. 5b WindSeeG. This WindSeeG, the security of national and Alliance does not apply if sufficient areas and sites defence must not be impaired by any cannot be defined in these clusters, areas and specifications. sites in order to achieve the expansion target The definitions of the areas in the North Sea and according to section 4 no. 2b of the Renewable Baltic Sea were largely adopted from the clusters Energy Sources Act (15 GW in 2030). Since the already defined in the BFO for the North Sea and first sentence of Article 1 (2) WindSeeG-E plans Baltic Sea. Area O-3 was reduced to the actual to increase the expansion targets to 20 GW by built-up area due to national and alliance 2030 and to a total of 40 GW by 2040, these defence concerns. The routing of submarine expansion targets are taken as a basis. cable systems in submerged submarine areas With this regulation, connection of the new will be avoided as far as possible. In the case of system to previous sectoral planning with the border corridor O-IX, the planned routing will be BFO is ensured. In particular, expansion of the carried out with reduced distances in the area of use of offshore wind energy should initially take the wind farm's safety zone. Issues related to place in the clusters already examined in more national and alliance defence have already been detail and in the coastal area designated by a examined within the framework of the country. The opening clause ensures that preparation and updating of the BFO, so that a planning can go beyond the stated BFO clusters renewed examination of the areas and sites and areas and sites in coastal waters if this is according to § 5 para. 3 sentence 3 WindSeeG necessary in order to achieve the expansion will probably not be necessary for the time being, objective. except for isolated specifications. 8.1.5 No location in a legally designated protected area Section 5 subsection 3 sentence 2 no. 5 WindSeeG stipulates that specifications of areas or sites in protected sites designated in accordance with section 57 of the Federal Nature Conservation Act are inadmissible. The specifications of the areas in the North Sea and Baltic Sea were largely taken from the clusters already defined in the BFOs for the North Sea 58 Conformity of the rules with private and public concerns Other public and private memorandum – were a private interest, there is interests no right to specify a site or a certain site layout. In addition to the reasons for exclusion expressly Insofar as the conditions for the right of entry listed in section 5 subsection 3 sentence 2 according to §§ 39 ff. WindSeeG, it is relevant WindSeeG, a number of other concerns are that the right of entry in accordance with § 39 relevant within the framework of the review of the WindSeeG can be assigned a predominant Site Development Plan specifications according share (at least 50 %) for the subsequent exercise to section 5 subsection 3 sentence 1 WindSeeG. of the right of entry. This means that within the These include, among others, other uses such framework of the FEP it is relevant whether the as planned and existing data cables, pipelines existing project overlaps more than 50 % with the and mining activities, the concerns of the fishing area defined in the FEP. If this is the case, the industry, health and safety at work, cultural later right of entry - if the prerequisites are met - heritage, disaster control, the economic costs of exists for the entire site. constructing and operating wind farms, and the In the event that several existing projects have a economic costs of constructing and operating right of entry - assuming the conditions are met - offshore connecting lines. only the one which overlaps more than 50% of The latter is also taken into account in the the FEP site has the right of entry. If this is the specification of the sites and the chronological case, the later right of entry - assuming the order of their tendering via criterion 1 of efficient conditions are met - applies to the entire site. use and utilisation of the connecting lines and In the event that an site is not defined in the FEP, criterion 2 of efficient planning, construction and even though the prerequisites for a right of entry use of the connecting lines still to be completed in accordance with §§ 39ff. WindSeeG may in accordance with section 5 subsection 4 exist, reference is made to Chapter 8.9 of FEP sentence 2 nos. 1 and 2 WindSeeG. This also 2019. applies to the geographical proximity to the coast according to section 5 subsection 4 sentence 3 As a basis, planning principles were introduced no. 3 WindSeeG, which influences the costs of in order to prevent hazards to the marine the offshore connecting line. The operational environment, impairments to safety and ease of costs are included in the specifications of the traffic, and impairments to safety and ease of draft via the criteria of geographical proximity to national and Alliance defence, and to mitigate the coast, the expected actual these to such an extent that there are no impairments or hazards. Besides the general The interests of existing projects that have not principles, the planning principles also been awarded contracts in the tendering specifically concern areas and sites, platforms procedures are not private or public interests and subsea cable systems (see chapter 4.4). which preclude specification.10 This is indicated by the wording of section 5 subsection 3 The requirements of spatial planning are taken sentence 2 WindSeeG, which lists the concerns up by the following planning principles in the with a potential degree of involvement and does FEP: not mention the right of subrogation. Even if the right of subrogation – contrary to the explanatory 10 Cf. BT DrS 18/8860 of 21 June 2016, draft bill of the introduction of tenders from renewable energies and further CDU/CSU and SPD parliamentary groups, draft bill on the amendments to the law on renewable energies, p. 273. Conformity of the rules with private and public concerns 59 - Consideration of regulatory standards, specifications and concepts - Emission mitigation - the principle of overall coordination of construction and laying work over time - Economic area use - the objective of respecting nature - Bundling of subsea cable systems conservation areas and taking legally - Bundling of subsea cable systems in the protected biotopes into account sense of parallel routing - the objective or principle stating that the - Careful installation safety and efficiency of shipping must not be compromised - Covering - the objective of dismantling wind turbines, - Mitigation of sediment heating (compliance subsea cables and pipelines with 2 K criteria) - the objective of taking into account all The following planning principles serve to existing and authorised uses prevent impairments to the safety and efficiency of shipping: - the principle of taking into account locations where cultural assets have been found - Overall chronological coordination of installation works - the principle of economic area use - No negative impact on safety and efficiency - the principle of bundling of subsea cable of shipping systems - Dismantling of wind turbines, subsea cables - the objective of crossing the priority areas by and pipelines the shortest route - Bundling of subsea cable systems in the - the objective of ensuring that shipping traffic sense of parallel routing crosses priority and reservation areas by the shortest possible route - Ensuring that shipping traffic crosses priority and reservation areas by the shortest - the principle of least intrusive laying possible route procedures - Consideration of regulatory standards, The following planning principles concern specifications and concepts threats to the marine environment: - Perpendicular crossing of shipping priority - Overall chronological coordination of and shipping reservation areas installation works - Preventing crossings; any crossings should - Consideration of nature conservation areas be as perpendicular as possible and regard to legally protected biotopes - Accessibility of platforms with ships - Dismantling of wind turbines, subsea cables and pipelines - Careful installation - Consideration of locations of cultural assets - Covering - Noise mitigation As regards air traffic, a planning principle has been introduced stating that the safety and ease - Minimisation of scour and cable protection of air traffic must not be compromised. 60 Conformity of the rules with private and public concerns The following planning principles serve to With regard to military training areas, there are prevent impairment of the safety and ease of overlaps with specifications of areas in the draft. national and Alliance defence Thus areas N-3, N-4, O-1, O-2 and large parts of O-3 are located within military training areas. As - No interference with the security of national the areas have already been defined as clusters and alliance defence with the BFO North Sea and Baltic Sea, and - Consideration of all existing and approved partly as priority areas for wind energy in the usages Spatial Plan for the North Sea, and no additional, - Dismantling of wind turbines, subsea cables other significant or new aspects are discernible, and pipelines admissibility according to section 5 subsection 3 sentence 3 of the WindSeeG does not need to - Covering be re-examined for the time being. - Installation of sonar transponders For the N-4 area, data are available, particularly With regard to other public and private concerns, from the monitoring results of the OWPs health and safety at work concerns are included operated and from research projects, which call via the planning principle of compliance with into question the designation of the N-4 area for official standards; as are data cables and possible subsequent use, so that the area is pipelines via the planning principle that involves under review in this respect. taking existing and approved uses into For details, please refer to Chapter 5.1.2. consideration. In area N-5, the existing wind farm "Butendiek" Admissibility of the specification is presented for information. Pursuant to section of areas 5 (3) sentence 2 no. 5a WindSeeG, designation as an area or surface would be impermissible The specifications of areas in the North Sea and with regard to any subsequent use, as this area Baltic Sea were largely taken from the clusters is located in the "Sylt Outer Reef - Eastern already defined in the BFOs for the North Sea German Bight" nature conservation area. This and Baltic Sea. As related issues have already also results from Objective 3.5.1 (3) of the North been examined within the framework of the Sea EEZ ROV. In addition, compared to the preparation and updating of the BFO, re- designation of cluster 5 in BFO-N 2012 - 17, the examination according to section 5 subsection 3 area now only includes projects in operation, as sentence 3 WindSeeG is generally not required. additional significant aspects have become Updating or consolidation of the examination is apparent in accordance with section 5 (3) probably not necessary beyond the aspects sentence 3 WindSeeG. described below, due to the last update which took place as recently as the end of 2017. For reasons of nature conservation and environmental law, the area N-5 is under review This applies, in particular, to the designation of with regard to a possible subsequent use for areas N-9 to N-13 in accordance with the offshore wind energy. For details, please refer to explanations given in Chapter 5.1 and 2.6.1.2. section 5.1.2. The designated areas are in any case outside Furthermore, the definition of the areas is not the priority and reservation areas for shipping impermissible under section 5 (3) sentence 2 no. traffic and outside nature conservation areas. 5b WindSeeG, which stipulates that areas and sites must be located within clusters 1 to 8 of the North Sea and 1 to 3 of the Baltic Sea as defined Conformity of the rules with private and public concerns 61 by the BFO. The definition of areas and sites in area of divers corresponds to 5.5 km of habitat the North Sea and Baltic Sea was largely loss due to aversive activities, in order to protect adopted from the clusters already defined in the grebes. For this reason, no threat to the marine BFO for the North Sea and Baltic Sea. This also environment is initially assumed (see does not apply if these clusters, areas and land Environmental Report Chapters 4.5.1, 4.6.1, cannot be sufficiently defined in order to achieve 5.1.2, 5.2.2 and 6). the expansion targets of 20 GW by 2030 and a In order to counteract a threat to national and total of 40 gigawatts by 2040 pursuant to section alliance defence due to a military exercise area 1(2) sentence 1 WindSeeG-E. located in the eastern part of Area O-3, Area O- Although areas N-9 and N-10 lie outside clusters 3 was reduced in the eastern part to the area of 1 to 8 of the BFO for the North Sea, a designation the existing "Baltic 2" wind farm. of areas in areas N-9 and N-10 with areas N-9.1, N-9.2, N-9.3, N-9.4, N-10.1 and N-10.2 is Admissibility of specification of necessary to ensure that the expansion target the sites pursuant to section 1 (2) sentence 1 WindSeeG- The specified sites are outside the priority and E is achieved (cf. Chapter 8.1.6) reserved areas for shipping and outside nature The areas N-11, N-12 and N-13 listed in the reserves. Please refer to Section 8.3 for the Annex for an enhanced expansion path until location of individual areas in military training 2035 are also located outside of clusters 1 to 8. areas. They would be necessary to achieve an With regard to the permissibility of defining site enhanced expansion target. N-3.7, reference is made to FEP 2019 (Chapter As regards the identification of areas N-11 and 7.4). N-13, concerns were expressed in the context of According to the current state of knowledge, an the establishment of the FEP 2019 and were extension of area N-5 for the use of offshore repeated during the consultation on the 2020 wind energy beyond the OWPs "Butendiek", draft. In their comments during the consultation "Dan Tysk" and "Sandbank" in operation at the on the draft FEP 2019, BMU and BfN recently time of this review and specifically with regard to pointed out that clusters 13 and 11 are also of the site N-5.4 described in the drafts of FEP great importance for harbour porpoises (main 2019 under review is not compatible with the distribution area of harbour porpoises from May prohibition under Section 44 para. 1 no. 2 of the to August) and for sea and resting birds as a Federal Nature Conservation Act. The exclusion resting and feeding habitat as well as a wintering of site N-5.4 is based on the extent of the habitat. If necessary at all, clusters 9 and 10 cumulative adverse impacts of OWPs already should be developed by OWPs first, followed by identified from the area of the main concentration cluster 12 (cf. BMU statement of 25 June 2018 of divers in the German North Sea EEZ. The and BfN statement of 14 June 2018). observed loss of 19% of the food and resting As the development of the areas in zone 3 will habitat within the main concentration area, which be necessary to implement the expansion path, is valuable for the conservation of the local grebe this was taken into account in the FEP update / population, in connection with the statistically amendment by initially defining areas only for significant decrease in the abundance of grebes, areas N-9 and N-10. The N-13 area has been prohibits a possible increase of the area of adjusted compared to the FEP 2019 in such a intervention for reasons of species protection of way that the distance to the main concentration the grebe species. 62 Conformity of the rules with private and public concerns This also applies against the background of the issues has become apparent, which makes independent study on divers in the German other areas (e.g. areas in area 9) more suitable North Sea now available, commissioned by the for the expansion of offshore wind energy. For German Offshore Wind Energy Association details, reference is made to the explanations in (BIOCONSULT SH et al., 2020). The study Chapters 5.1.2, 5.2.2 of the FEP and Chapters confirms the findings from research and 4.12.4, 5.2.2.1 and 6.3.2.2 of the draft North Sea monitoring on the functional importance of the Environmental Report, as well as to the FEP main concentration area and the extent of the 2019 and the corresponding environmental avoidance effects on divers caused by offshore reports. wind farm projects (GARTHE et al. 2018), on With regard to the area O-1.3, concerns were which the FEP 2019 was based. In addition, expressed by GDWS in its statement on FEP calculated numbers and developments of the 2019 and the draft FEP 2020 regarding a stock are qualitatively and quantitatively possible hazard to shipping. These can be comparable to the stock calculations of the FTZ clarified by further investigations, not only by a (SCHWEMMER H, 2019). As a result, the risk analysis but also by nautical, traffic and species protection assessment of the area N-5.4 shipping police investigations. This will be from the environmental report of the FEP 2019 presented and evaluated within the scope of the remains valid. suitability test. The definition of the area O-2.2 is In accordance with the precautionary principle currently still being examined. The background under Article 3 UVPG, and in order to exclude a to this is the concerns about the risks to shipping significant disturbance within the meaning of and the marine environment due to bird Article 44 para. 1 No. 2 BNatSchG with the migration (see Chapter 5.2.2 and Environmental necessary degree of certainty, further Report for the Baltic Sea Chapters 4.12.5 and cumulative effects from the construction of 5.2.2.1). further offshore wind turbines in area N-5 must be avoided. Admissibility of further Due to the considerable cumulative effects on designations the stock of divers resulting from the realisation The locations of platforms, routes and route of further wind farm projects in the main corridors for offshore connecting lines, as well as concentration area, which cannot be excluded, for cross-border power lines, for possible there is already a threat to the marine connections between or among the turbines, environment within the meaning of Article 5 para. locations where the connecting lines cross the 3 sentence 2 no. 2 WindSeeG - irrespective of boundary between the EEZ and coastal waters, the question of admissibility under species and standardised technical and planning protection law. One of the reasons for this is that principles are also examined with regard to the main concentration area is an important whether they are admissible under section 5 functional component of the marine environment subsection 3 sentence 2 WindSeeG. with regard to seabirds and resting birds. For this According to BfN reports, the grid connections reason, the designation of area N-5.4 is not leading through border corridor N-I run on a permitted. sandbank, which is a legally protected biotope In addition, a conflict of use in accordance with under Article 30 BNatSchG. This does not cause section 5 (4) sentence 2 no. 4 WindSeeG any significant impairment of the biotope. In area between the use of offshore wind energy and N-2 there are available grid connection nature conservation and environmental law capacities for pilot wind energy plants. According Summary consideration 63 to BfN reports, the southern part of area N-2 is Assessment has shown that this is not likely to also on the sandbank. The determination of have any significant environmental impacts (see available grid connection capacities is not a Chapter 6.5.1 of the Environmental Report for subject of the inadmissibility review according to the North Sea and Baltic Sea). the list of § 5 (3) sentence 1 WindSeeG. Apart With regard to the test site, Land M-V confirmed from this, however, the specification would not that all public and private interests were cause any significant impairment of the biotope comprehensively examined in the procedure for (see North Sea Environmental Report, Chapter the adoption of the Land spatial development 6.2.1). Whether and where exactly the programme. construction and operation of pilot wind energy plants at sea is permissible is solely decided by The other energy generation area SEO-1 is the approval procedure for pilot wind energy under examination with regard to nature plants at sea to be carried out later. conservation issues, in particular bird migration The route for the NOR-7-2 connection system is 9 Summary consideration currently only up to the border corridor N-V. Depending on the route in the territorial sea, [will be executed after consultation] intersections of existing connection systems 10 Summary environmental north of border corridor N-IV in the EEZ may be necessary. The route in this area is currently declaration and monitoring being coordinated. measures Two cross-border submarine cable systems [will be executed after consultation] cross the "Doggerbank" nature reserve from border corridor N-XI to border corridor N-XIV and from border corridor N-XII to N-III. In the Baltic Sea, cross-border undersea cable systems run from border corridor O-XII to border corridor O- XIII through the "Pomeranian Bay - Rönnebank" nature reserve and from border corridor O-V to border corridor O-VI through the "Fehmarn Belt" nature reserve. The Strategic Environmental 64 Bibliography 11 Bibliography Agora Energiewende et al. (2020). Making the Most of Offshore wind: re-Evaluating the Potential of Offshore Wind in the German North Sea. Berthold, P. (2000). Bird migration - A current general overview. Darmstadt: Scientific Book Society. BioConsult SH GmbH & Co. KG. (2020). Divers (Gavia spp.) in the German North Sea: Changes in Abundance and Effects of Offshore Wind Farms. Husum. BIOCONSULT SH GMBH & CO.KG. (2017). OWP "Butendiek" 1st year of investigation of the operational phase resting birds. Reporting period: July 2015 to June 2016. Husum: Unpublished expert report commissioned by Deutsche Windtechnik AG,. BIOCONSULT SH GMBH & CO.KG. (2018). 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Platis, A., Siedersleben, S. K., Bange, J., Lampert, A., Bärfuss, K., Hankers, R., . . . Emeis, S. (01. Februar 2018). First in situ evidence of wakes in the far field behind offshore wind farms. Nature Scientific Reports. Prognosis. (2019). Support for the establishment and continuation of the FEP: Future framework conditions for the design of offshore wind farms and their grid connection systems - 2nd interim report. Pipey, K. (2018). Wind Energy Report Germany 2017. Fraunhofer Institute for Energy Economics and Energy System Technology IEE. Schmälter, A. (2017). Commentary on the Offshore Installations Ordinance. In Danner/Theobald, Energy Law (p. § 7 SeeAnlV). Munich: C.H.Beck. Schneemann, J., Rott, A., Dörenkämper, M., Steinfeld, G., & Kühn, M. (2020). Cluster wakes impact on a far-distant offshore wind farm's power. Wind Energy Science(5), S. 29-49. doi:https://doi.org/10.5194/wes-5-29-2020 Skov, H., & Prins, E. (2001). Impact of estuarine fronts on the dispersal of piscivorous birds in the German Bight. Marine Ecology Progress Series 214, S. 279 – 287. Bibliography 67 Transmission system operators. (19 December 2018). Common position of the transmission system operators on the draft area development plan. Berlin, Dortmund, Bayreuth, Stuttgart. Welcker, J., & Nehls, G. (2016). Displacement of seabirds by an offshore wind farm in the North Sea. Marine Ecology Progress Series, S. 554: 173−182. Wolf, R. (2004). Legal problems in the connection of offshore wind farms in the EEZ to the grid. ZUR, 65-74. 68 Annex: Maps (information purposes) 12 Annex: Maps (information purposes) Figure 25: Shipping routes of the North Sea EEZ Spatial plan 2009 [will be updated in the final version taking into account the ongoing update procedure of the spatial plans]. Figure 26: Shipping routes of the Baltic Sea EEZ Spatial plan 2009 [will be updated in the final version taking into account the ongoing update procedure of the spatial plans]. Annex: Maps (information purposes) 69 Figure 27: North Sea EEZ Spatial plan 2009 [will be updated in the final version taking into account the ongoing process of updating the spatial plans]. Figure 28: Baltic Sea EEZ Spatial plan 2009 [will be updated in the final version taking into account the current update procedure for the spatial plans]. 70 Annex: Maps (information purposes) Annex: Maps (information purposes) 71 Figure 29: Designations submarine cables, pipelines, traffic separation areas (North Sea) Figure 30: Designations submarine cables, pipelines, traffic separation areas (Baltic Sea) 72 Annex: Maps (information purposes) Figure 31: National defence areas (North Sea) Figure 32: National defence areas (Baltic Sea) Annex: Maps (information purposes) 73 Figure 33: Areas for the erection and operation of offshore wind energy plants in the German North Sea EEZ and nature conservation areas. Figure 34: Areas for the erection and operation of offshore wind energy plants in the German Baltic Sea EEZ and nature conservation areas. 74 Annex: Informational illustration of a long-term development path (scenario framework 2021-2035) 13 Annex: Informational areas against the background of the effects of long-range wake effects. In addition, an illustration of a long-term assessment of the spatial outline of the areas development path requires the completion of the currently ongoing update procedure of the spatial plans for the (scenario framework 2021- German EEZ. In the context of this informative 2035) presentation, a range of 8 to 10 GW is therefore initially assumed for the expected installed The scenario framework for NEP 2021-2035 capacity for the areas N-11 to N-13. To connect approved by the BNetzA on 26 June 2020 the corresponding areas, four to five additional contains three probable paths (so-called grid connection systems would be required. scenarios) for a development of the expansion of Although Table 17 does not provide any offshore wind energy The scenario framework is information on the chronological order, it would the basis for the preparation of the NEP pursuant probably start with areas in area N-12 before N- to Article 12b EnWG for determining the 11 and N-13. expansion requirement in the transmission grid and is approved by the BNetzA after a To illustrate the scenario framework of NEP consultation and review pursuant to Article 12a 2021-2035, additional areas and surfaces would (3) EnWG. therefore be required in areas N-11 to N-13, depending on the amount of power expected to The middle scenario B 2035 of the scenario be installed. With regard to further potential framework 2021-2035 envisages an expansion areas in zones 4 and 5, reference is made to the of offshore wind energy of 30 GW by 2035. With update of the spatial plans for the German North scenario B 2040, the scenario framework Sea and Baltic Sea EEZ. contains an outlook beyond 2035 until 2040, with the scenario being based on scenario B 2035 Reference is made to the challenges and with regard to expansion until 2035. Scenario B prerequisites for the implementation of the 2040 envisages an expansion of offshore wind scenarios listed in FEP 2019. energy of 40 GW by 2040. Furthermore, reference is made to the In the procedure of the FEP 2019, it was preparation, review and confirmation of the NEP requested with reference to the scenario 2021-2035. framework 2019-2030 that the FEP should present a corresponding scenario even before a legal adaptation. In order to comply with this requirement in the FEP update and for the purpose of long-term planning, a long-term scenario is presented here for information purposes only, which gives an outlook on the areas available in the N-11 to N-13 areas after the target year 2030, without, however, specifying concrete tender or commissioning years. As shown in Chapter 4.7.3, there is still a need for further investigation to determine the expected installed capacity for the N-11 to N-13 Annex: Informational illustration of a long-term development path (scenario framework 2021- 75 2035) Table 17: Informative presentation of the sites potentially available in zones 1-3 beyond 2030 based on the scenario framework 2021- 2035 (30 GW by 2035) Calender year Calender year Site Connection Expected Total expected tender commissioning system installed power installed power [MW] [MW] N-12.1/N-12.2 NOR-12-1 2.000 N-12.3/N-12.4 NOR-12-2 2.000 after 2025 after 2030 N-11.1/N-11.2 NOR-11-1 2.000 8.000-10.000 N-13.1/N-13.2 NOR-13-1 2.000 ggf. N-11.3/N-12.5/N-13.3 ggf. NOR-11-2 ggf. 2.000 ca. 28.400- Expected total potential in zones 1-3 30.4001) 1) Additional potential could result from the development of open spaces in area O-6. However, this is subject to the actual availability of the land. Draft environmental report for the draft Site Development Plan 2020 for the German North Sea Exclusive Economic Zone Hamburg, 4 September 2020 II Inhalt Content 1 Introduction 1 Legal basis and tasks of the environmental assessment 1 Brief description of the content and most important objectives of the Site Development Plan 1 Relationship with other relevant plans, programmes and policies 1 Presentation and consideration of environmental protection objectives 7 1.4.1 International conventions on the protection of the marine environment 7 1.4.2 Environmental and nature conservation requirements at EU level 8 1.4.3 Environmental and nature conservation requirements at national level 8 1.4.4 The Federal Government's energy and climate conservation aims 8 Strategic Environmental Assessment methodology 9 1.5.1 Introduction 9 1.5.2 Area of investigation 10 1.5.3 Carrying out the environmental assessment 11 1.5.4 Criteria for status description and assessment 14 1.5.5 Assumptions for discription and assessment of likely significant environmental effects 14 1.5.6 Cumulative assessment 15 1.5.7 Interrelationships 16 1.5.8 Specific assumptions for the assessment of likely significant environmental impacts 16 Data sources and indications of difficulties in compiling the documents 20 1.6.1 Overview of data source 21 1.6.2 Indications of difficulties in compiling the documents 21 2 Description and assessment of state of the environment 25 Introduction 25 Soil/Area 25 2.2.1 Data availability 25 2.2.2 Geomorphology 25 2.2.3 Sediment distribution on the seabed 25 Inhalt III 2.2.4 Geological structure of the near-surface subsoil 25 2.2.5 Distribution of pollutants in the sediment 25 2.2.6 Status assessment 25 Water 25 2.3.1 Currents 25 2.3.2 Swell 25 2.3.3 Temperature, salinity and seasonal stratification 25 2.3.4 Ice conditions 25 2.3.5 Fronts 25 2.3.6 Suspended matter and turbidity 25 2.3.7 Status assessment with regard to nutrient and pollutant distribution 25 Plankton 26 2.4.1 Data availability 26 2.4.2 Spatial distribution and temporal variability of phytoplankton 26 2.4.3 Spatial distribution and temporal variability of zooplankton 26 2.4.4 Status assessment of plankton 26 Biotopes 26 2.5.1 Data availability 26 2.5.2 Legally protected marine biotopes according to section 30 of the Federal Nature Conservation Act and FFH habitat types 26 2.5.3 Status assessment 26 Benthos 26 2.6.1 Data availability 26 2.6.2 Spatial distribution and temporal variability 26 2.6.3 Status assessment of the factor Benthos 26 Fish 26 2.7.1 Data availability 26 2.7.2 Spatial distribution and temporal variability 26 2.7.3 Status assessment of the factor Fish 26 Marine mammals 26 2.8.1 Data availability 26 2.8.2 Spatial distribution and temporal variability 26 IV Inhalt 2.8.3 Status assessment of the factor Marine mammals 26 Seabirds and resting birds 27 2.9.1 Data availability 27 2.9.2 Spatial distribution and temporal variability 27 2.9.3 Status assessment of seabirds and resting birds 27 Migratory birds 27 2.10.1 Data availability 27 2.10.2 Spatial distribution and temporal variability of migratory birds 27 2.10.3 Status assessment of the factor Migratory birds 27 Bats and bat migration 27 2.11.1 Data availability 27 2.11.2 Spatial distribution and status assessment 27 Biodiversity 27 Air 27 Climate 27 Landscape 27 Material assets, cultural heritage (archaeology) 27 Human beings, including human health 27 Interrelationships between the factors 27 3 Expected development in the event of non-implementation of the plan 28 Soil/Area 29 Water 29 Plankton 29 Biotopes 29 Benthos 30 Fish 30 Marine mammals 30 Seabirds and resting birds 30 Migratory birds 30 Bats and bat migration 30 Biodiversity 30 Inhalt V Air 30 Climate 30 Landscape 30 Material assets, cultural heritage (archaeology) 30 Human beings, including human health 30 Interrelationships between the factors 30 4 Description and assessment of the likely significant effects of the implementation of the Site Development Plan on the marine environment 31 Soil/Areas 31 4.1.1 Areas, sites and platforms 31 4.1.2 Subsea cable systems 31 Benthos 31 4.2.1 Areas and sites 31 4.2.2 Platforms 31 4.2.3 Subsea cable systems 31 Biotopes 31 4.3.1 Areas and sites 31 4.3.2 Platforms 31 4.3.3 Subsea cable systems 32 Fish 32 4.4.1 Areas and sites 32 4.4.2 Platforms 32 4.4.3 Subsea cable systems 32 Marine mammals 32 4.5.1 Areas and sites 32 4.5.2 Platforms 32 4.5.3 Subsea cable systems 32 Seabirds and resting birds 32 4.6.1 Areas and sites 32 4.6.2 Platforms 32 4.6.3 Subsea cable systems 32 VI Inhalt Migratory birds 32 4.7.1 Areas and sites 32 4.7.2 Platforms 32 4.7.3 Subsea cable systems 32 Bats and bat migration 32 4.8.1 Areas and sites 32 4.8.2 Platforms 32 4.8.3 Subsea cable systems 32 Climate 32 Landscape 32 4.10.1 Areas and sites 32 4.10.2 Platforms 32 Interrelationships 32 Cumulative effects 32 4.12.1 Soil/area, benthos and biotopes 32 4.12.2 Fish 32 4.12.3 Marine mammals 32 4.12.4 Seabirds and resting birds 32 4.12.5 Migratory birds 32 Transboundary impacts 32 5 Assessment of wildlife conservation regulations 34 Marine mammals 34 5.1.1 Section 44 subsection 1 no. 1 of the Federal Nature Conservation Act (prohibition of killing and injury) 34 5.1.2 Section 44 subsection 1 no. 2 of the Federal Nature Conservation Act (prohibition of disturbance) 34 Avifauna (seabirds, resting birds and migratory birds) 34 5.2.1 Section 44 subsection 1 no. 1 of the Federal Nature Conservation Act (prohibition of killing and injury) 34 5.2.2 Section 44 subsection 1 no. 2 of the Federal Nature Conservation Act (prohibition of disturbance) 34 Bats 35 Inhalt VII 5.3.1 Section 44 subsection 1 nos. 1 and 2 of the Federal Nature Conservation Act 35 6 Assessment of the implications 36 Legal basis 36 Assessment of the compatibility of the FEP with protected species 38 6.2.1 Impact assessment pursuant to Article 34 para. 1 BNatSchG in conjunction with Article 6 (3) of the Habitats Directive and under Article 5 (6) of the Ordinance on the Establishment of the "Borkum Riffgrund" Nature Reserve 38 6.2.2 Impact assessment pursuant to Article 34 para. 1 BNatSchG in conjunction with Article 6 (3) of the Habitats Directive and Article 5 (6) of the Ordinance on the Establishment of the "Sylt Outer Reef - Eastern German Bight" Nature Reserve with regard to marine mammals and protected bird species 38 6.2.3 Impact assessment pursuant to Article 34 para. 1 BNatSchG in conjunction with Article 6 (3) of the Habitats Directive and Article 5 (7) of the Ordinance on the designation of the Doggerbank nature conservation area 39 Natura2000 sites outside the German EEZ 39 Results of the impact assessment 40 7 Overall plan evaluation 41 8 Measures to prevent, mitigate and offset significant negative effects of the Site Development Plan on the marine environment 42 Introduction 42 Areas and sites for offshore wind turbines 43 Platforms 44 Subsea cable systems (DC and AC cable systems) 45 9 Investigated alternatives 47 Zero alternative 48 Strategic alternatives 48 Spatial alternatives 48 9.3.1 Alternative assessment for areas 48 9.3.2 Comparison of the sites with each other 48 9.3.3 Bypass sandbank Borkum reef ground 54 VIII Inhalt Technical alternatives 57 10 Measures envisaged for monitoring the environmental impacts 59 Monitoring of the potential effects of the areas and sites for offshore wind turbines 61 Monitoring of potential effects of platforms 62 Monitoring of the potential effects of sea cables 62 11 Non-technical summary 64 12 References 83 Inhalt IX List of figures Figure 1: Overview of the staged planning and approval process in the central model. ................... 3 Figure 2: Overview of the protected assets in the environmental assessments. .............................. 4 Figure 3: Environmental assessments in the staged planning and approval process, with emphasis on the assessment in question. ....................................................................................................... 2 Figure 4: Object of the planning and approval procedures, with emphasis on environmental assessment..................................................................................................................................... 3 Figure 5: Overview of the priorities of environmental assessments in the planning and approval process ........................................................................................................................................... 6 Figure 6: Overview of the standards of the relevant legal acts for the SEA. .................................... 9 Figure 7: Definition of the area of investigation for the SEA for the Site Development Plan for the North Sea EEZ. ............................................................................................................................. 11 Figure 8: General methodology for assessing the likely significant environmental effects. ............ 13 Figure 9: Alternative routes for gates N-IV and N-V. ..................................................................... 54 Figure 10: Alternative routes for connecting sites N-6.6, N-6.7, N-9.3 und N-9.4........................... 56 X Inhalt List of figures Table 1 Project-related effects of implementing the site development plan. .................................. 14 Table 2: Parameters for the consideration of areas and sites. ....................................................... 18 Table 3: Parameters for the consideration of network connections and platforms ......................... 18 Table 4: Parameters for the consideration of sea cable systems................................................... 20 Table 5: Site comparison using nature conservation criteria. ........................................................ 49 Table 6: Comparison of the route lengths for the variants via the sandbank versus bypassing the Borkum Reef Ground sandbank. ................................................................................................... 56 Inhalt XI List of abbreviations AC Alternating current AIS Automatic Identification System (for ships) ASCOBANS Agreement on the Conservation of Small Cetaceans of the Baltic and North Seas AWI Alfred Wegener Institute for Polar and Marine Research BBergG Federal Mining Act BfN Federal Agency for Nature Conservation BFO Spatial Offshore Grid Plan BFO-N Spatial Offshore Grid Plan North Sea BFO-O Spatial Offshore Grid Plan Baltic Sea BGBI Federal Law Gazette BIAS Baltic Sea Information on the Acoustic Soundscape Directive 2009/147/EC of the European Parliament and of the Council of 30 No- Birds Directive vember 2009 on the conservation of wild birds Federal Ministry for the Environment, Nature Conservation, Construction and Nu- BMUB clear Safety Act concerning nature conservation and landscape management BNatSchG (Federal Nature Conservation Act) Federal Network Agency for Electricity, Gas, Telecommunications, BNetzA Post and Railway BSH Federal Maritime and Hydrographic Agency CMS Convention on the Conservation of Migratory Species of Wild Animals CTD Conductivity, Temperature, Depth Sensor DC Direct current DDT Dichlorodiphenyltrichloroethane DEPONS Disturbance Effects on the Harbour Porpoise Population in the North Sea EEZ Exclusive Economic Zone EIA Environmental impact assessment EIS Environmental impact study Recording of marine mammals and seabirds in the German North Sea EMSON and Baltic Sea EEZs EnWG Act concerning electricity and gas supply (German Energy Act) ERASNO Recording of resting birds in the German North Sea and Baltic Sea EEZs EUROBATS Agreement on the Conservation of Populations of European Bats FEP Site Development Plan FFH Flora Fauna Habitat Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habi- FFH-RL tats and of wild fauna and flora (Habitats Directive) Compatibility testing according to Art. 6 subsection 3 of the Habitats Directive or FFH-VP section 34 of the Federal Nature Conservation Act FPN North Sea Research Platform HELCOM Helsinki Convention XII Inhalt HCB Hexachlorobenzene IBA Important bird area ICES International Council for the Exploration of the Sea IfAÖ Institute for Applied Ecosystem Research IHC NMS Noise mitigation System from IHC IOW Leibniz Institute for Baltic Sea Research, Warnemünde IUCN International Union for Conservation of Nature and Natural Resources IWC International Whaling Commission K Kelvin CI Confidence interval kn Knots LRT Habitat type according to the Habitats Directive Automated monitoring network of stations in the German Bight and western Baltic MARNET Sea MARPOL International Convention for the Prevention of Pollution from Ships Marine warm-blooded animals in the North and Baltic Seas: Foundations for as- MINOS sessment of offshore wind farms Directive 2008/56/EC of the European Parliament and the Council dated 17 June MSRL 2008 for the establishment of a Framework for Community Action in the field of Marine Environment (Marine Strategy Framework Directive) NAO North Atlantic Oscillation n.m. Nautical mile NN Sea level O-NDP Offshore network development plan OSPAR Oslo-Paris Agreement OWP Offshore wind farm PAH Polycyclic aromatic hydrocarbons PCB Polychlorinated biphenyl POD Porpoise Click Detector PSU Practical Salinity Units R&D Research and Development RL Red List SAMBAH Static Acoustic Monitoring of the Baltic Sea Harbour Porpoise SCANS Small Cetacean Abundance in the North Sea and Adjacent Waters Ordinance concerning offshore installations for defining German coastal waters SeeAnlV (Offshore Installations Ordinance) SEL Sound event level SPA Special Protected Area Species of European Conservation Concern (important species for bird conserva- SPEC tion in Europe) SPLp-p Peak emission sound pressure level (peak-peak) StUK4 Standard "Investigation into the impacts of offshore wind turbines" "Accompanying ecological research at the alpha ventus offshore test area pro- StUKplus ject" SEA Strategic environmental assessment Inhalt XIII Directive 2001/42/EC of the European Parliament and of the Council of 27 June SEA Directive 2001 on the assessment of the effects of certain plans and programmes on the environment TFEU Treaty on the Functioning of the European Union TSO Transmission system operator TOC Total Organic Carbon UBA German Environment Agency UVPG Environmental Impact Assessment Act VARS Visual Automatic Recording System WEA Wind turbine Act concerning the development and promotion of offshore wind energy (Offshore WindSeeG Wind Energy Act - WindSeeG) Introduction 1 1 Introduction 2001/42/EC, the objective of strategic environ- mental assessment is to ensure a high level of environmental protection in order to promote Legal basis and tasks of the en- sustainable development, and thereby to con- vironmental assessment tribute to ensuring that environmental consider- In accordance with sections 4 et seq. of the Wind ations are taken into account in an appropriate Energy at Sea Act (WindSeeG), the BSH draws manner well in advance of concrete project plan- up a site development plan (FEP) in consultation ning, when the plans are compiled and adopted. with the Federal Network Agency (BNetz-A) and The Strategic Environmental Assessment has in agreement with the Federal Agency for Nature the task of identifying, describing and evaluating Conservation (BfN), the Directorate-General for the likely significant environmental effects of the Waterways and Shipping (GDWS) and the implementation of the plan. It serves as an effec- coastal Länder. The FEP was drawn up for the tive environmental precaution in accordance first time in 2018 and 2019 and published on 28 with the applicable laws and is implemented ac- June 2019 and is currently being updated. cording to consistent principles, and with public When the FEP was drawn up, a detailed environ- participation. All factors in accordance with sec- mental assessment was carried out in accord- tion 2 subsection 1 of the Environmental Impact ance with the law on environmental impact as- Assessment Act must be considered: sessment (UVPG), the so-called Strategic Envi-  Human beings, in particular human ronmental Assessment (SEA). The environmen- health, tal reports were also published on 28.06.2019.  Fauna, flora and biodiversity, The performance of a strategic environmental assessment and the preparation of an environ-  Area, soil, water, air, climate and land- scape, mental report is governed by Article 35 (1) No. 1 UVPG in conjunction with No. 1.17 of Appendix  Cultural heritage and other material as- 5, as site development plans are subject to the sets, and SEA obligation under Article 5 WindSeeG. In  Interrelationships between the above- principle, this also applies if the FEP is updated mentioned factors. or amended. The main content document of the Strategic En- The SEA for FEP 2019 does not formally include vironmental Assessment is this draft environ- new area layouts and the definition of new areas mental report. This identifies, describes and as- or other energy production areas. Thus, a strate- sesses the likely significant environmental im- gic environmental assessment must be carried pact of the implementation of the Site Develop- out for the specifications that have not yet been ment Plan, as well as possible planning alterna- reviewed, as it is not possible to exclude the pos- tives, taking into account the essential purposes sibility of significant environmental impacts. As of the plan. far as new findings on existing specifications are available and relevant, these will also be taken into account. Brief description of the content The SEA for updating the FEP is based on the and most important objectives of environmental reports from 2019 and will closely the Site Development Plan follow the existing SEA in terms of methodology and content. Relationship with other relevant According to Art. 1 of the SEA Directive plans, programmes and policies 2 Introduction The FEP is related to other plans and pro- claims. A strategic environmental assessment grammes within the EEZ, in adjacent areas, in must be carried out when the spatial develop- particular in the Coastal Sea, and to plans and ment plan is drawn up. projects at upstream and downstream planning The next stage is the FEP. Within the framework and licensing levels. of the so-called central model, the FEP is the 1.3.1 Regional development plans in adjacent control instrument for the orderly expansion of areas offshore wind energy and electricity grids in a phased planning process. The FEP has the char- In the interests of coherent planning, coordina- acter of a sectoral plan. The sectoral plan is de- tion processes with the plans of neighbouring signed to plan the use of offshore wind energy states and coastal federal states are advisable and the electricity grids in a targeted manner and and must be taken into account in the cumulative as optimally as possible under the given frame- assessment of impacts on the marine environ- work conditions - in particular the requirements ment. In particular, close coordination is required of regional planning - by defining areas and sites with the coastal federal states with regard to the as well as locations, routes and route corridors onshore connection of the offshore wind farms for grid connections or for cross-border subma- and the routing of the routes through the coastal rine cable systems. In principle, a strategic envi- sea. At present, the state spatial planning is be- ronmental assessment is carried out to accom- ing updated for both Lower Saxony and Schles- pany the establishment, updating and modifica- wig-Holstein. tion of the FEP. 1.3.1.1 Lower Saxony In the next step, the areas for offshore wind en- 1.3.1.2 Schleswig-Holstein ergy plants defined in the FEP will be pre-exam- 1.3.2 MSRL programme of measures ined. If the requirements of § 12 para 2 Wind- SeeG are met, the preliminary investigation is 1.3.3 Management plans for the North Sea followed by a determination of the suitability of EEZ nature reserves the site for the construction and operation of off- 1.3.4 Staged planning procedure for offshore shore wind energy plants. A strategic environ- wind energy and power lines (central model) mental assessment shall also be carried out to accompany the preliminary investigation. Within the framework of the central model, the FEP is the steering instrument for the orderly ex- If the suitability of a site for the use of offshore pansion of offshore wind energy in a staged wind energy is determined, the site is put out to planning process. The SEA for the FEP is related tender and the winning bidder or the correspond- to upstream and downstream environmental as- ingly entitled party can submit an application for sessments. approval (planning approval) for the construction and operation of wind energy plants on the site In an overall view of the central model, the plan- specified in the FEP. As part of the planning ap- ning process for the area of the EEZ is divided proval procedure, an environmental impact as- into several stages: sessment is carried out if the prerequisites are At the highest and superordinate level is the in- met. strument of maritime spatial planning. The spa- While the areas defined in the FEP are pre-ex- tial development plan is the forward-looking amined and put out to tender for the use of off- planning instrument which coordinates the most shore wind energy, this is not the case for de- diverse interests of users in the fields of industry, fined sites, routes and route corridors for grid science and research as well as protection connections or cross-border submarine cable Introduction 3 systems. Upon application, a planning approval Under Article 1 (4) UVPG, the UVPG also ap- procedure including environmental assessment plies if federal or Länder legislation does not will be carried out for the construction and oper- specify the environmental impact assessment in ation of grid connection lines in the Re-gel. The more detail or does not comply with the essential same applies to cross-border submarine cable requirements of the UVPG. systems. Figure 1: Overview of the staged planning and approval process in the central model. In the case of multi-stage planning and approval content and subject matter of the plan are to be processes, it follows from the relevant legislation taken into account. (e.g. Spatial Planning Act, Wind-SeeG and In the case of subsequent plans and subsequent BBergG) or, more generally, from Article 39 (3) approvals of projects for which the plan sets a UVPG that, in the case of plans, it should be de- framework, the environmental assessment pur- termined at the stage of defining the scope of the suant to Article 39 (3) sentence 3 UVPG shall be investigation at which certain environmental im- limited to additional or other significant environ- pacts are to be assessed in particular. In this mental impacts as well as to necessary updates way, multiple assessments are to be avoided. and further details. The nature and extent of the environmental im- pacts, technical requirements, as well as the 4 Introduction Within the framework of the staged planning and objects of protection. They serve to ensure effec- approval process, all reviews have in common tive environmental protection in accordance with that environmental impacts on the objects of pro- the applicable laws and are carried out according tection listed in § 2 para. 1 UVGP are consid- to uniform principles and with public participa- ered, including their interactions. tion. According to the definition in § 2 para. 2 UVPG, In the offshore sector, the following sub-catego- environmental impacts within the meaning of the ries of the legally protected assets: animals, UVPG are direct and indirect effects of a project plants and biological diversity have become es- or the implementation of a plan or programme on tablished as sub-categories of the legally pro- the protected assets. tected assets: avifauna: seabirds/resting and mi- gratory birds, benthos, biotope types, plankton, According to Article 3 UVPG, environmental im- marine mammals, fish and bats. pact assessments comprise the identification, description and assessment of the significant im- pacts of a project or a plan or programme on the Figure 2: Overview of the protected assets in the environmental assessments. Introduction 5 In detail, the staged planning process is as fol- procedure) for offshore wind tur- lows: bines 1.3.1.1 Maritime spatial planning (EEZ) 1.3.1.5 Approval procedure for grid con- nections (converter platforms and 1.3.1.2 Site Development Plan subsea cable systems) 1.3.1.3 Preliminary investigation 1.3.1.6 Cross-border cables 1.3.1.4 Approval procedure (planning ap- proval and planning permission 2 Introduction 1.3.1.7 Summary overviews of environmental assessments Figure 3: Environmental assessments in the staged planning and approval process, with emphasis on the assessment in question. Introduction 3 Figure 4: Object of the planning and approval procedures, with emphasis on environmental assessment 4 Introduction Spatial planning Site Development Plan Site investigation Approval process Approval process Suitability evaluation Cross-border cables Strategic environmental assessment (SEA) Strategic environmental assessment (Planning approval or planning permission) grid connections (SEA) Strategic environmental EA assessment (SEA) EA Strategic planning for the rules Strategic planning for the rules Strategic Environmental assessment Environmental assessment suitability evaluation for Application for Application for sites with wind turbines Rules and object of the assessment Priority and reservation areas  Areas for offshore wind turbines  Assessment of the suitability of the  Sites for offshore wind turbines, including the expected site for the erection and operation of  for ensuring the safety and ease of movement of shipping traffic generation capacity wind turbines, including the capacity  for further economic uses, especially offshore wind energy and to be installed pipelines  Based on the assigned and col-  for scientific uses and lected data (STUK) Protection and improvement of the marine environment Aims and principles  Platform locations  the erection and operation of platforms and con-  Routes and route corri- nection lines Use of the ecosystem approach dors for subsea cable  According to the specifications of spatial plan-  the erection and operation of cross-bor- systems ning and the Site Development Plan der cables (interconnectors)  Technical and planning approaches  according to the specifications of spatial planning and the Site Development Plan Analysis of environmental impacts Analyses (determines, describes and assesses) the expected con- Analyses (determines, describes and assesses) the ex- Analyses (determines, describes and Analyses (determines, describes and assesses the Analyses (determines, describes and as- siderable effects of the plan on the marine environment. pected considerable environmental impacts of the plan on assesses) the expected considerable environmental impacts of the actual project (where sesses) the environmental impacts of the the marine environment. environmental impacts of the erection applicable, platform and connection line). actual project. and operation of wind turbines, which can be assessed independently of the subsequent design of the project. Aim Aimed at the optimisation of overall planning solutions, Deals with the fundamental issues for the use of offshore Deals with the fundamental issues for Handles question about the actual design ('how') of Handles question about the actual design i.e. a comprehensive package of measures. wind energy according to the use of wind turbines according to a project (technical equipment, construction work). ('how') of a project (technical equipment,  requirement and/or legal aims  suitability of the site construction work). Consideration of a wide spectrum of uses.  purpose Assesses the environmental impact of the project  technology Makes available information about the and formulates corresponding stipulations. Assesses the environmental impact of the project  capacities site which is legally regulated for the bid Used at the beginning of the planning process for clarification of fun- and formulates corresponding stipulations.  locating of sites for platforms and cabling routes. submission. damental strategic issues, i.e. at an early point in time while there is still plenty of room for manoeuvre. Searches for environmentally appropriate groups of actions, Searches for environmentally appropri- without assessing the absolute environmental impact of the ate groups of actions without assessing planning. the environmental impact of the actual project. Functions essentially as a controlling planning instrument of the plan- Functions primarily as a controlling planning instrument of Functions as an instrument between Functions primarily as a passive assessment in- Functions primarily as a passive assess- ning administration agency, to create an environmentally appropriate the planning administration agency, to create an environ- the Site Development Plan and ap- strument that reacts to the application ment instrument that reacts to the applica- framework for all uses. mentally appropriate framework for individual projects (wind proval process for wind turbines on an from the project developer. tion from the project developer. turbines and grid connections, cross-border subsea cables) actual site. Assessment depth Introduction 5 Characterised by greater examination width, i.e. a larger number of Characterised by greater examination width, i.e. a larger Characterised by a smaller-scale inves- Characterised by reduced examination width (lim- Characterised by reduced examination alternatives, and reduced investigation depth (no detailed analyses) number of alternatives and reduced investigation depth (no tigation area, greater investigation ited number of alternatives) and a greater investi- width (limited number of alternatives) and a detailed analyses) depth (detailed analyses). gation depth (detailed analyses). greater investigation depth (detailed anal- Includes regional, national and global impacts as well as secondary, yses). cumulative and synergetic effects in the sense of an overall assess- Includes local, national and global impacts as well as sec- The suitability evaluation may include Assesses the environmental impact of the project ment. ondary, cumulative and synergetic effects in the sense of an and formulates corresponding stipulations. Considers primarily local effects in the vi- specifications for the later project, in overall assessment. cinity of the project. particular the nature and extent of the Considers primarily local effects in the vicinity of the construction on the site and its location. project. Focus of the assessment Cumulative effects Cumulative effects Local effects relating to the site and its Environmental impacts caused by the system, its Environmental impacts caused by the sys- Overall plan assessment Overall plan assessment location. erection and operation tem, its erection and operation Strategic and extensive alternatives Strategic, technical and regional alternatives Possible transboundary impacts Possible transboundary impacts System dismantling Assessment based on the actual system design. Assessment based on the actual system design. Intervention, compensation and replace- Intervention, compensation and replacement ment measures. measures. Approval process (planning approval and/or planning permission) for wind turbines Environmental Impact Assessment Object of the assessment Assessment of the environmental impact upon application for  the erection and operation of wind turbines  on the previously investigated site specified in the Site Development Plan  according to the rules of the Site Development Plan and the requirements of the site investigation. Assessment of environmental impacts Analyses (determines, describes and assesses) the environmental impacts of the actual project (wind turbines, where applicable, platforms and cabling within the wind farm) The responsible authority draws up a summary in accordance with section 24 UVPG (Environmental Impact Assessment Act)  of the environmental impacts of the project,  the characteristics of the project and site, the effect of which is to exclude, mitigate or offset significant adverse environmental impacts,  the measures with which significant adverse environmental impacts are to be excluded, reduced or offset, as well as  the replacement measures for interventions in the natural environment and countryside (Note: Exception according to section 56 subsection 3 BNatSchG (Federal Nature Protection Law) Aim Handles the question about the actual design ('how') of a project (technical equipment, construction work) Functions primarily as a passive assessment instrument that reacts to the application of the successful tenderer/project developer. Assessment depth Characterised by reduced examination width (i.e. a limited number of alternatives) and a greater investigation depth (detailed analyses). Assesses the environmental impact of the project on the previously investigated site and formulates corresponding stipulations. Considers mainly local effects in the vicinity of the project. Focus of the assessment Environmental impacts caused by erection and operation. Assessment based on the actual system design. 6 Introduction System dismantling. Figure 5: Overview of the priorities of environmental assess- ments in the planning and approval process Introduction 7  Trilateral Wadden Sea Cooperation Presentation and consideration (1978) and Trilateral Monitoring and As- of environmental protection ob- sessment Programme, 1997 (TMAP) jectives  Agreement for cooperation in dealing The establishment, updating and amendment of with pollution of the North Sea by oil and the Site Development Plan and implementation other harmful substances, 1983 (Bonn of the SEA take into account the environmental Agreement) protection objectives. These provide information on what state of the environment is being sought  Convention for the Protection of the Ma- in the future (environmental quality targets). The rine Environment of the North-East Atlan- environmental protection objectives can be gath- tic, 1992 ered in an overall view from the international, (OSPAR Convention) common and national conventions and regula-  UNECE Convention on the EIA in a tions which deal with protection of the marine en- transboundary context (Espoo-Konven- vironment and on the basis of which the Federal tion1) Republic of Germany has committed itself to cer- tain principles and objectives.  UNECE-Protokoll on SEA to the conven- tion on EIA in a transboundary context 1.4.1 International conventions on the pro- (SEA-Protokoll) tection of the marine environment 1.4.1.3 Agreements specific to factors The Federal Republic of Germany is a party to all relevant international conventions on protec-  Convention on the Conservation of Euro- tion of the marine environment. pean Wildlife and Natural Habitats, 1979 (Bern Convention) 1.4.1.1 Conventions in force throughout  Convention on the Conservation of Mi- the world that serve to protect the gratory Species of Wild Animals, 1979 marine environment in whole or in (Bonn Convention) part Within the framework of the Bonn Convention,  International Convention for the Preven- regional agreements for the conservation of the tion of Pollution from Ships, 1973 as species listed in Annex II were concluded in ac- modified by the Protocol of 1978 (MAR- cordance with Art. 4 no. 3 of the Bonn Conven- POL 73/78) tion:  Convention on the Prevention of Marine  Agreement on the Conservation of Afri- Pollution by Dumping of Wastes and can-Eurasian Migratory Waterbirds, Other Matter (London, 1972) and Proto- 1995 (AEWA) col, 1996  Agreement on the Conservation of Small  United Nations Convention on the Law of Cetaceans of the Baltic and North Seas, the Sea dated 1982 1991 (ASCOBANS) 1.4.1.2 Regional conventions on the pro- tection of the marine environment 1 Convention from 25. 2. 1991 about the EIA in a trans- 2002, BGBl. 2002 II, S. 1406 ff. and the Second Espoo-Act boundary context, implemented by the Espoo-Act of 7. 6. from 17. 3. 2006, BGBl. 2006 II, S. 224 f 8 Introduction  Agreement on the Conservation of Seals 2001 on the assessment of the effects of in the Wadden Sea, 1991 certain plans and programmes on the en- vironment (Strategic Environmental As-  Agreement on the Conservation of Popu- sessment Directive, SEA Directive) lations of European Bats, 1991 (EURO- BATS)  Directive 2008/56/EC of the European Parliament and the Council dated 17  Convention on Biological Diversity, 1993 June 2008 for the establishment of a 1.4.2 Environmental and nature conserva- Framework for Community Action in the tion requirements at EU level field of Marine Environment (Marine Strategy Framework Directive, MSRL) The material scope of application of the TFEU2 and thus in principle also that of secondary law  Directive 2009/147/EC of the European is extended if the Member States experience an Parliament and of the Council on the con- increase in rights in an area outside their territory servation of wild birds (Birds Directive) which they have transferred to the EU (ECJ,  Richtlinie 2009/147/EG des Europäischen Commission/United Kingdom, 2005). In the field Parlaments und Rates über die Erhaltung of protection of the marine environment, nature der wildlebenden Vogelarten (V-RL) conservation or water protection, the applicabil- ity of the legal EU requirements is also valid for 1.4.3 Environmental and nature conserva- the EEZ. tion requirements at national level The relevant EU legislation is to be taken into ac- There are various legal provisions at a national count: level, too, and their specifications must be taken into account in the environmental report.  Council Directive 337/85/EEC of 27 June 1985 on the assessment of the effects of  Act for regulating water resources (WHG) certain public and private projects on the  Act concerning nature conservation and environment (Environmental Impact As- landscape management (Federal Nature sessment Directive, EIA Directive) Conservation Act - BNatSchG)  Council Directive 92/43/EEC of 21 May  Act concerning the environmental impact 1992 on the conservation of natural hab- assessment (UVPG) itats and of wild fauna and flora (Flora and Fauna Habitats Directive)3,  Act concerning the development and pro- motion of offshore wind energy (Offshore  Directive 2000/60/EC of the European Wind Energy Act - WindSeeG) Parliament and the Council dated 23 Oc- tober 2000 for the establishment of a  Protected region regulations Framework for Community Action in the field of Water Policy (Water Framework 1.4.4 The Federal Government's energy Directive, WRRL) and climate conservation aims  Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2 Treaty on the Functioning of the European Union, OJ EC 3 Council Directive 92/43/EEC of 21 May 1992 on the con- no. C 115, dated 09.05.2008, p. 47. servation of natural habitats and of wild fauna and flora, OJ L 206 dated 22.07.1992. Introduction 9 Figure 6: Overview of the standards of the relevant legal acts for the SEA. fects on the factors in question is identified, de- Strategic Environmental Assess- scribed and evaluated for the individual specifi- ment methodology cations. In accordance with section 1 subsection 4 of the Environmental Impact Assessment Act 1.5.1 Introduction in conjunction with section 40 subsection 3 of the When carrying out the Strategic Environmental Environmental Impact Assessment Act, in the Assessment, various approaches to the planning environmental report the competent authority status can be considered within the framework provisionally assesses the environmental effects of the methodology. This environmental report of the specifications with regard to effective en- builds on the methodology already used for the vironmental precautions in accordance with ap- Strategic Environmental Assessment of the plicable laws. According to the special legal 2019 Site Development Plan. standard of section 5 subsection 3 WindSeeG, The methodology is based primarily on the spec- the specifications must not endanger the marine ifications of the plan that are to be assessed. environment. Within the framework of this SEA, whether the The subject matter of the environmental report specifications are likely to have significant ef- corresponds to the provisions of the Site Devel- opment Plan as stated in section 5 subsection 1 10 Introduction WindSeeG (see 1.3). However, the relevant fac- 1.5.2 Area of investigation tors here are not so much the specifications in The description and assessment of the state of concrete temporal terms, as the chronological the environment relates primarily to the North order of the call for tenders or the calendar years Sea EEZ, for which the Site Development Plan of commissioning, as there are no further envi- essentially defines specifications. The SEA area ronmental effects in this regard compared with of investigation covers the German North Sea the environmental specifications. Although some EEZ (Fehler! Verweisquelle konnte nicht ge- planning and technical principles serve to miti- funden werden.). It should be noted that the gate environmental effects, they can also lead to data availability for the region up to shipping effects, making a review necessary. route 10 is significantly better than for the area The following specifications are each examined north-west of shipping route 10 due to the avail- with regard to their anticipated significant envi- able project-related monitoring data. ronmental effects relating to factors: For the area north-west of shipping route 10, the Site Development Plan makes statements on  Areas and sites for offshore wind en- possible routes, route corridors or gates for ergy, including specification of the an- cross-border cables. Based on the available ticipated capacity sediment data and findings from monitoring for  Routes and corridors, including gates the "Dogger Bank" protected area, it is also pos- sible to describe and assess the state of the en-  Locations for platforms (converter vironment and potential environmental effects in and collector platforms and trans- this area. former platforms) The adjacent coastal waters and the adjacent re-  Designation of other gions of the neighbouring states are not directly  Energy production areasRelevant covered by this plan, but they will be considered planning and technical principles in the cumulative and cross-border perspective of this SEA. Introduction 11 Figure 7: Definition of the area of investigation for the SEA for the Site Development Plan for the North Sea EEZ. tified significance" that cannot be considered in- 1.5.3 Carrying out the environmental as- dependently of the "specific characteristics of sessment plans or programmes" (SOMMER, 2005, 25 ff.). The assessment of the likely significant environ- In general, significant effects can be defined as mental effects of the implementation of the Site effects that are serious and significant in the con- Development Plan includes secondary, cumula- text being considered. tive, synergistic, short-, medium- and long-term, permanent and temporary, positive and negative According to the criteria in Annex 6 of the Envi- effects related to the factors. Secondary or indi- ronmental Impact Assessment Act that are sig- rect effects are those that are not immediate and nificant to the assessment of the likely significant therefore may only become effective after some environmental effects, the significance is deter- time and/or at other locations. Occasionally, mined by there is also reference to consequences or inter-  the probability, duration, frequency and re- relationships. versibility of the effects; Possible effects of the implementation of the  the cumulative nature of the effects; plan are described and evaluated in relation to  the transboundary nature of the effects; the factors. There is no common definition of "significance" as this involves "individually iden-  the risks to human health or the environment (e.g. due to accidents); 12 Introduction  the magnitude and spatial extent of the ef- the Site Development Plan on the marine envi- fects (geographical area and size of the pop- ronment also refer to the factors described. All ulation likely to be affected); plan contents that may potentially have signifi-  the value and vulnerability of the area likely to cant environmental effects are examined. be affected due to special natural character- The effects of construction and dismantling, as istics or cultural heritage, exceeded environ- mental quality standards or limit values, as well as system-related and operational factors, well as intensive land-use; are taken into account. Moreover, effects that may arise in the course of maintenance and re-  the effects on areas or landscapes which pair work are taken into account. This is followed have a recognised national, Community or in- ternational protection status". by a description of possible interrelationships and consideration of possible cumulative effects The characteristics of plans and programmes, and potential cross-border effects. having regard, in particular, to  "the degree to which the plan or programme The following factors are considered with regard sets a framework for projects and other activ- to assessment of the state of the environment: ities, either with regard to the location, nature, size and operating conditions or by allocating  Area resources;  Soil  the degree to which the plan or programme influences other plans and programmes in-  Water cluding those in a hierarchy;  Plankton  the relevance of the plan or programme for the integration of environmental considera-  Biotopes tions in particular with a view to promoting  Benthos sustainable development;  Fish  environmental problems relevant to the plan or programme;  Marine mammals  the relevance of the plan or programme for  Resting and migratory birds the implementation of Community legislation on the environment (e.g. plans and pro-  Bats grammes linked to waste-management or wa- ter protection) (Appendix II SEA Directive).  Biodiversity Specialist law provides further specifications as  Air to when an effect reaches the significance  Climate threshold. Threshold values were also compiled sub-legally so as to be able to make a distinction.  Landscape The potential environmental effects are de-  Material assets, cultural heritage scribed and assessed separately in relation to  Human beings, in particular human health the factors for areas and sites, platforms, subsea cable systems and other energy production  Interrelationships between factors sites, taking into account the assessment of the . status. Furthermore, where necessary, a differ- entiation is made according to different technical designs. The description and assessment of the likely significant effects of the implementation of Introduction 13 In general, the following methodological ap- • Assessments by experts / the specialist proaches are used in the environmental assess- community ment: The effects of the Site Development Plan speci- • Qualitative descriptions and evaluations fications are assessed on the basis of the de- scription and assessment of the condition and • Quantitative descriptions and evaluations the function and significance of the individual ar- • Evaluation of studies, technical literature eas, sites and routes for the individual factors on and reports the one hand, and the effects originating from • Visualisations these specifications and the resulting potential effects on the other. A forecast of the project-re- • Worst-case assumptions lated effects in the case of implementation of the • Trend estimates (e.g. on the state of the Site Development Plan is compiled as a function art of systems) of the criteria of intensity, scope and duration of the effects (see Figure 8). Figure 8: General methodology for assessing the likely significant environmental effects. 14 Introduction 1.5.4 Criteria for status description and as- for bird migration are considered as well as rar- sessment ity, vulnerability and pre-load. The status assessment of the individual factors 1.5.5 Assumptions for discription and as- is based on various criteria. For the factors sessment of likely significant envi- area/soil, benthos and fish, the assessment is ronmental effects based on the aspects of rarity and vulnerability, diversity and singularity, as well as pre-load. The The likely significant effects of the implementa- description and assessment of the protected as- tion of the Site Development Plan on the marine sets marine mammals and sea and resting birds environment are described and assessed in re- is based on the aspects listed in the figure. As lation to factors, based on the status assessment these are highly mo-bile species, it is not expe- as described above, separately for areas and dient to adopt a similar approach to the factors sites, platforms, subsea cable systems and other area/soil, benthos and fish. The criteria of pro- energy production sites. The following table sets tection status, assessment of the occurrence, out the potential environmental effects, based on assessment of territorial units and initial loads, significant factors, that form the basis for the as- are applied for seabirds, resting birds and marine sessment of the likely significant environmental mammals. The aspects of assessment of the oc- effects. The effects are differentiated according currence and large-scale significance of the area to whether they are due to construction, disman- tling or operation, or are caused by the system itself. Table 1 Project-related effects of implementing the site development plan. Object of Effect Potential impact Commis- (De)Con struction Turbine protection sioning Areas/ Sites and Platforms Soil Placement of hard substrate change of habitats X (foundations) permanent land use change of habitats X Scouring/sediment relocation change of habitats X Benthos formation of turbidity plumes Impact on benthic species X Resuspension of sediment Impairment or damage to benthic X and sedimentation species or communities Placement of hard substrate Change of habitats, habitat loss X Fish Sediment swirls and turbidity Physiological effects and frightening X plumes effects Noise emissions during pile Averting X driving Introduction 15 Land use Local habitat loss X Placement of hard substrate Attraction effects, increase in spe- X cies diversity Seabirds Visual unrest due to con- Local scaring and barrier effects X and struction activity resting birds Obstacle in airspace Scaring effects => habitat loss X Lightemissions Attraction effects X X Maintenance-related ship Scaring effects => habitat loss X traffic Migratory Obstacle in airspace Bird strike X birds Barrier effect Lightemissions Attraction effects => bird strike X X Marine Noise emission during pile Danger if no prevention and reduc- X mammals driving tion measures are taken Sea cable systems Soil Placement of hard substrate change of habitats X (Stone pile) Benthos Heat emissions Impairment/displacement of cold-wa- X ter loving species magnetic fields Impact on benthic species X formation of turbidity plumes Impact on benthic species X Insertion of hard substrate change of habitats, habitat loss X (cable crossing) Fish formation of turbidity plumes Physiological effects and frightening X effects magnetic fields Impairment of the orientation behav- X iour of individual migratory species Cumulative effects and interrelationships be- According to Art.5 (1) SEA Directive, the environ- tween factors are also assessed in addition to mental report also includes an assessment of cu- the effects on the individual factors. mulative effects. Cumulative effects arise from the interaction of various independent individual 1.5.6 Cumulative assessment effects which either add up as a result of their interaction (cumulative effects) or reinforce each other and thus generate more than the sum of 16 Introduction their individual effects (synergetic effects) (e.g. increasing the impact on one or more protected SCHOMERUS et al., 2006). Both cumulative assets. and synergetic effects can be caused both by The focus of the environmental report on the temporal and spatial coincidence of effects. Ef- FEP is on the cumulative consideration of similar fects of the construction phases are mainly of a uses, namely those for which the FEP makes short-term and temporary nature, while plant-re- stipulations. A cumulative consideration of differ- lated and operational effects can occur perma- ent uses, i.e. intersectoral, is carried out within nently. The impact can be intensified by similar the framework of the SEA at the higher level of uses or different uses with the same effect, thus the spatial development plan for the EEZ. Figure 9: Exemplary cumulative effect of similar uses (effects of energy on underwater sound and marine mammals). In order to examine the cumulative effects, it is 1.5.8 Specific assumptions for the assess- necessary to assess the extent to which the pro- ment of likely significant environmen- visions of the plan can be attributed a significant tal impacts adverse effect when taken together. An exami- nation of the areas is carried out at the level of In detail, the analysis and examination of the re- spective specifications is carried out as follows: this sectoral plan on the basis of the current state of knowledge within the meaning of Art. 5 para. Areas and sites, including the expected capacity 2 SEA Directive. An important basis for as- to be installed: sessing the impacts of habitat loss and underwa- Regarding the areas, a total of 13 areas are as- ter noise is provided by the position paper on the sumed in the sense of a worst-case considera- cumulative assessment of the loss of harbour- tion, irrespective of the concrete specification in root habitat in the German North Sea (BMU, the plan and the probability of implementation. 2009) and the BMUB's noise abatement concept According to Article 5 (1) No. 5 WindSeeG, the (2013). expected installed capacity of offshore wind en- 1.5.7 Interrelationships ergy plants is to be specified in the FEP for the areas. For this purpose, the sites within the ar- In general, effects on a factor lead to various eas are essentially assigned to two categories consequences and interrelationships between within the framework of the legal requirements the factors. The essential interdependence of on the basis of criteria such as area geometry, the biotic factors results from the food chains. In- wind speed, state of the art of offshore wind en- terrelationships can only be described very inac- ergy installations and grid connection capacity. curately due to the variability of the habitat Introduction 17 On the basis of these parameters and assump- that these are only partly estimation-based as- tions, the power density to be applied is deter- sumptions, as project-specific parameters are mined in megawatt/km² per area. not or cannot be checked at SEA level. To support the plausibility check of the method- In order to depict the spectrum of possible real- ology for the determination of the expected istic developments, the Strategic Environmental power to be installed on the respective areas, Assessment is essentially based on a range of wind farm plans are simulated in model form the above-mentioned model parameters. with, among others, wind energy plants that may In contrast to the approach used in the SEA for be available in the future. Although one or more the FEP 2019, the individual parameters are pre- layouts for offshore wind farm planning are not sented in the form of a possible bandwidth and used as a basis for determining the expected in- not, as in 2019, as separate model wind farms in stalled capacity, certain parameters are as- the form of two scenarios. This approach allows sumed in this SEA for a consideration of the pro- for greater flexibility in the subsequent assess- tected property. In detail, these are for example ment within the scope of the suitability test and the number of turbines, hub height [m], height of the approval procedures by more frequently the lower rotor tip [m], rotor diameter [m], total adopting "worst-case" considerations. The re- height [m] of the turbines, diameter of foundation spective worst-case scenario for the individual types [m] and diameter of scour protection [m]. objects of protection must be defined. For the The Strategic Environmental Assessment takes tender year 2021 (sites O-1-3, N-3.7 and N-3-8) particular account of these factors: the parameters from the investigation framework and the environmental report for the FEP 2019 - installations already in operation or in the li- are still valid. Due to the year of commissioning censing procedure (as reference and existing in 2026, an adjustment does not appear neces- load) sary. - Transfer of the average Parameter of the instal- Furthermore, the pa-rameters will be adapted to lations commissioned in the last 5 years to the the advancing state of the art. The current ap- areas to be planned in the central model proval procedures for OWPs show that a nomi- - Assumption that existing projects will be real- nal capacity of 10 MW can already be consid- ised on the basis of effective authorisation during ered state of the art for wind farms in the transi- the transition period (worst-case scenario) tional system. The parameters in the upper - Forecast of certain technical developments. range of the bandwidth are also being raised to take account of the advancing state of the art, The following tables provide an overview of the particularly in the later years of commissioning. parameters to be used. It should be noted here 18 Introduction Table 2: Parameters for the consideration of areas and sites. Range from to Power pro turbine [MW] 10 20 Hub Height [m] 125 200 Height lower rotor tip [m] 25 50 Rotor diameter [m] 200 300 Total height [m] 225 350 Diameter foundation [m]* 10 15 Diameter scour protection 50 75 [m] * The calculation of the land use is based on the assumption of a monopile foundation. However, it is assumed that monopile and jacket together have about the same total land use on the sea bed. Sites for platforms (transformer or residential parameters such as the number of platforms, platforms) length of the internal cabling [km], diameter of one or more foundations [m] and area for foun- A similar approach is followed for the assess- dations (including scour protection) [m²] are as- ment of the sites for platforms (transformer, con- sumed. verter or residential platforms). Here, too, certain Number trans- 0 2 0 Table 3: Parameters for the consideration of network former platform connections and platforms Number ac- 2 0 2 comodation 320 kV 525 kV platforms Network Diameter foun- ca. 2 x 10 ca. 2 x ca. 2 x connec- 66 kV 155 kV 66 kV dation [m]** 10 10 tion Area founda- ca. 160 ca. 160 ca. 160 converter tion excl. scour plat- protection [m2] forms, Diameter scour ca. 2 x 50 ca. 2 x ca. 2 x Trans- protection [m] 50 50 former / Area founda- ca. 4.000 ca. 4.000 ca. accomo- 4.000 tion incl. scour dation protection [m] plat- forms* specific length ca. 0,12 ca. 0,12 ca. 0,12 park internal cabling [km/MW] Number con- 1 1 1 verter plat- forms Area Founda- ca. 600 ca. 600 ca. 600 tion Converter platform [m²] Introduction 19 * The figures for transformer/residential platforms re- fer to the number of transformer/residential platforms Routing and route corridors for submarine cable per grid connection (only for completions from 2026) systems for the different connection concepts. Only the length The definition of route and route corridors for of the park-internal cabling depends on the expected submarine cable systems (connecting lines, installed capacity of the respective area and was de- termined on the basis of existing plans. cross-border submarine cable systems and in- terconnections) is based on the assumption of ** The calculation of the land use is based on the as- certain widths of the cable trench [m] and a cer- sumption of a monopile foundation. It is assumed that tain area of the crossings [m2]. In particular, the monopile and Jacket each have approximately the environmental effects of construction, operation same total land use on the sea bed. and repair are considered. 20 Introduction Table 4: Parameters for the consideration of sea cable systems Sea Cable Sys- tem Width cable trench [m] ca. 1 Area of intersection build- ca. 900 ings [m2] Other energy production areas also the subject of the environmental assess- ment of the BFO. Changes, for example in the For the definition of "other energy production ar- standard transmission capacity, will be exam- eas", the strategic environmental assessment is ined in the environmental report. based on the assumption of a "classic" offshore wind farm, based on the previous knowledge of Data sources and indications of electricity production. Environmental impacts go- ing beyond this are strongly dependent on the difficulties in compiling the doc- respective use variant and should therefore be uments comprehensively examined at the approval A description and assessment of the state of the level. In this respect, the SEA for other energy environment in the investigation area form the production areas is carried out in the same way basis for the SEA. All factors must be included. as for offshore wind energy areas and is based The data source forms the basis for the assess- on the same model parameters. ment of the likely significant environmental ef- Relevant planning and technical principles fects, assessment of natural habitat and wildlife conservation regulations and the alternative as- By regulating planning and technology principles sessment. in the FEP, the required land use can be mini- mised and the potential environmental impact re- According to section 39 subsection 2 sentence 2 duced to a minimum. The predominant number of the Environmental Impact Assessment Act, of planning principles serve to avoid or reduce the environmental report contains the infor- environmental impacts and are not expected to mation that can be obtained with reasonable ef- lead to significant effects. fort, taking into account the current state of knowledge and public statements known to the The FEP also contains some planning principles authority, generally accepted assessment meth- that do not relate to the reduction of environmen- ods, content and level of detail of the plan and its tal impacts. If these are based on regional plan- position in the decision-making process. ning objectives, they are to be observed to a lesser extent than the binding nature of the re- According to section 40 subsection 4 of the En- gional planning objectives. Remaining planning vironmental Impact Assessment Act, information principles are examined for probable significant available to the competent authority from other environmental impacts on protected assets. procedures or activities may be included in the environmental report if it is suitable for the in- With regard to the technical principles, a direct tended purpose and sufficiently up-to-date. current system as a self-commutated high-volt- age direct current transmission with a voltage The environmental report will be based on the level of +/- 320 kV was already defined within the environmental assessments that were carried framework of the North Sea BFO and was thus out when the FEP 2019 was established. Introduction 21 The draft environmental report will describe and ies and the construction and operation monitor- assess the current state of the environment and ing for the offshore wind farm projects and the present the likely development in the event of accompanying ecological research. non-implementation of the plan. On the other In general, the following data are used as a basis hand, it will forecast and assess the likely signif- for the environmental report: icant environmental impacts resulting from the implementation of the plan. - Data and findings from the operation of offshore wind farms A detailed description and assessment of the state of the environment is the basis for the as- - Data and findings from approval procedures for sessment of possible effects. The description offshore wind farms, submarine cable systems and assessment of the current state of the envi- - Results from the preliminary area survey ronment and the probable development in the event of non-implementation of the plan will be - Results of the monitoring of Natura 2000 sites carried out with regard to the following objects of - Mapping instructions for §30 biotope types protection - MSRL initial and progress evaluation  Area/Soil - OSPAR status reports  Water - Findings and results from R&D projects com- missioned by BfN and/or BSH and from accom-  Plankton panying ecological research  Biotopes - Results from EU cooperation projects, such as  Benthos Pan-Baltic Scope and SEANSE  Fish - Studies/ Technical literature  Marine mammals - Current red lists  Resting and migratory birds - Comments of the technical authorities  Air - Comments from the (specialist) public  Climate A detailed overview of the individual data and knowledge bases can be found in the Annex  Landscape (Chapter 8) of the framework study.  Cultural heritage, other material assets Since the data basis may vary depending on the  Human beings and human health protected property, the data basis is discussed at the beginning of Chapter 2.  Interrelationships between factors. 1.6.2 Indications of difficulties in compiling the documents 1.6.1 Overview of data source Indications of difficulties arising when compiling the data, such as technical gaps or lack of The data and knowledge situation has improved knowledge, are to be presented according to considerably in recent years, particularly as a re- section 40 subsection 2 no. 7 UVPG. The de- sult of the extensive data collection within the scription and evaluation of the individual factors framework of environmental compatibility stud- (chapter 2) make it clear that there are still gaps 22 Introduction in knowledge in places. Information gaps exist in 1.6.2.3 Fish particular with regard to the following points:  There is a lack of more detailed infor-  Long-term effects from the operation of mation on pelagic fish. offshore wind farms and associated sys-  Information on the reaction of fish to tems, such as converter platforms noise emissions is available only to a  Data for assessment of the state of the very limited extent. environment of the various factors in the  The likely effects of habitat change on the area of the outer EEZ. development of fish fauna due to the in- troduction of hard substrate are still 1.6.2.1 Soil/Area and biotopes largely unknown.  There has been no extensive, detailed mapping to date of sediment distribution 1.6.2.4 Seabirds and resting birds in the EEZ outside the nature conserva-  The species-specific risk of seabirds col- tion areas: the description and evaluation liding with offshore wind turbines can of environmental effects with regard to only be partially predicted and is currently the soil as a factor are based primarily on being recorded with the investigations the evaluation of selective data collec- according to StUK4 in the operating tion. In particular, there is no comprehen- phase, but also in ongoing research pro- sive sediment description for the detailed jects. In particular, suitable technology distribution of coarse sand/fine gravel for recording effects is being developed. sites and residual sediments in the form of gravel, stones and rocks.  Behavioural changes and habituation ef- fects among disturbance-sensitive spe- Detailed and extensive mapping of ma- cies in the German EEZ have only been rine biotopes in the EEZ is currently be- investigated since the commissioning of ing developed as part of R&D projects the first large, commercial wind farms, in- ongoing at the Federal Agency for Nature cluding the converter platforms. Operati- Conservation, with spatial emphasis on onal monitoring is still ongoing. nature conservation areas. There is no detailed mapping to date of the biotopes,  There is still insufficient knowledge of the including the legally protected biotopes effects of disturbances or habitat loss at according to section 30 of the Federal species population level, and these will Nature Conservation Act, in the EEZ out- only be investigated on the basis of the side the nature conservation areas data currently being collected.  Please see planning principle 4.4.4.8 for assessment of compliance with measures regarding temperature in- creases in the sediment. 1.6.2.2 Benthos  It is not possible to predict reliably the an- ticipated effects of the introduction of hard substrate on the development of benthic communities. Introduction 23 1.6.2.5 Migratory birds  There is a lack of knowledge about the  There is currently a lack of sufficient quality and quantity of migratory bat pop- knowledge of the effects of offshore con- ulations in the North Sea. struction in some areas. Knowledge from  There is currently a lack of sufficient coastal waters and on land is only trans- knowledge of the effects of offshore con- ferable to a very limited extent due to the struction. Knowledge from coastal waters different conditions. and on land is only transferable to a very  The species-specific risk of migratory limited extent due to the different condi- birds colliding with offshore wind turbines tions. is largely unknown.  The species-specific risk of bats colliding  Possible barrier impacts of offshore wind with offshore wind turbines is largely un- turbines on species-specific sea migra- known. tion routes are largely unexplored. 1.6.2.8 Summary  Whether the intensity of broad front mi- In principle, forecasts on the development of the gration of songbirds decreases accord- living marine environment after implementation ing to the distance from the coast is not of the Site Development Plan are subject to spe- clear for the bulk of songbirds that mi- cific uncertainties. Long-term data series or ana- grate at night. lytical methods are often lacking, e.g. for inter- section of extensive information on biotic and 1.6.2.6 Marine mammals abiotic factors so as to provide a better under-  The data availability can currently be de- standing of complex interrelationships in the ma- scribed as very good: the data is system- rine ecosystem. atically quality-assured and used for studies, so the current state of In particular, there is a lack of extensive, detailed knowledge on the occurrence of marine sediment and biotope mapping outside the na- mammals in German waters can also be ture conservation areas of the EEZ. As a result, classified as good. there is no scientific basis to permit assessment of the effects of the possible use of strictly pro-  The most comprehensive data source is tected biotope structures. Research and univer- provided by data from environmental im- sity institutions, and an environmental consul- pact studies and the monitoring of off- tancy, are currently carrying out sediment and bi- shore wind farms. Data is collected regu- otope mapping with spatial emphasis in the na- larly as part of the monitoring of nature ture conservation areas on behalf of the Federal conservation areas on behalf of the Fed- Agency for Nature Conservation and in cooper- eral Agency for Nature Conservation. Fi- ation with the Federal Maritime and Hydro- nally, research projects provide data on graphic Agency. specific issues. SCANS observations are providing information for the entire distri- Furthermore, there are no scientific assessment bution area of harbour porpoise so as to criteria for some factors, both with regard to the allow the abundance of the entire popu- assessment of their status and with regard to the lation of harbour porpoise to be as- effects of anthropogenic activities on the devel- sessed. opment of the living marine environment, to allow cumulative effects to be considered in both tem- 1.6.2.7 Bats poral and spatial terms. 24 Introduction Various R&D studies on assessment ap- proaches, including for underwater noise, are currently being developed on behalf of the Fed- eral Maritime and Hydrographic Agency. These projects are being used for continuous refine- ment of a consistent, quality-assured basis of in- formation on the marine environment for assess- ment of possible effects of offshore installations. Overall, the following recommendations can be made for the development of criteria for assess- ment of effects and the status of protected bio- logical assets:  Consolidation of results and evaluation of all existing data relating to factors,  Intersection of biological data with infor- mation from marine physics, marine chemistry, marine geology and marine meteorology,  Review of methods, in particular with re- gard to possible cumulative or trans- boundary impacts, for developing as- sessment criteria with regard to the con- dition of the living marine environment,  Evaluation of effect monitoring so as to be able to record possible effects on fac- tors. Description and assessment of state of the environment 25 2 Description and assess- 2.2.2 Geomorphology ment of state of the envi- 2.2.3 Sediment distribution on the seabed ronment 2.2.4 Geological structure of the near-sur- face subsoil Introduction According to section 40 subsection 2 no. 3 2.2.5 Distribution of pollutants in the sedi- UVPG, the environmental report includes a de- ment scription of the characteristics of the environ- ment and the current state of the environment in 2.2.5.1 Metals the SEA investigation area. The description of 2.2.5.2 Organic substances the current state of the environment is necessary in order to predict its change when the plan is 2.2.5.3 Radioactive substances (radionu- implemented. The survey considers the factors clides) listed in section 2 subsection 1 sentence 2 nos. 1 to 4 UVPG and interrelationships between 2.2.5.4 Inherited waste them. The information is presented in a problem- oriented fashion. Priority will therefore be given 2.2.6 Status assessment to potential initial loads, environmental elements that are particularly worthy of protection, and the 2.2.6.1 Natural factors factors on which the implementation of the plan will have a greater impact. In spatial terms, the 2.2.6.2 Anthropogenic factors description of the environment is based on the relevant environmental effects of the plan. De- Water pending on the type of impact and the factor in 2.3.1 Currents question, these will have differing extents and may go beyond the limits of the plan (Land- 2.3.2 Swell mann/Rohmer, 2018). As at July 2018, 38 offshore wind farms have 2.3.3 Temperature, salinity and seasonal been approved in the North Sea EEZ (five under stratification construction and 16 in trial operation), while ap- 2.3.4 Ice conditions plications have been submitted for an additional four offshore wind farms. The first offshore wind 2.3.5 Fronts farm to go into trial operation in 2010 was the "alpha ventus" offshore test field, with 12 wind 2.3.6 Suspended matter and turbidity turbines. There are currently 16 wind farms with 958 wind turbines in trial operation, and five wind 2.3.7 Status assessment with regard to nu- farms with 275 wind turbines are under construc- trient and pollutant distribution tion. 2.3.7.1 Nutrients Soil/Area 2.3.7.2 Metals 2.2.1 Data availability 2.3.7.3 Organic substances 26 Description and assessment of state of the environment 2.3.7.4 Radioactive substances (radionu- North Sea EEZ clides) 2.6.2.2 Red List species Plankton 2.6.2.3 Symbiotic communities 2.4.1 Data availability 2.6.3 Status assessment of the factor Ben- 2.4.2 Spatial distribution and temporal vari- thos ability of phytoplankton 2.6.3.1 Importance of areas and sites for 2.4.3 Spatial distribution and temporal vari- benthic communities ability of zooplankton Fish 2.4.4 Status assessment of plankton 2.7.1 Data availability Biotopes 2.7.2 Spatial distribution and temporal vari- 2.5.1 Data availability ability 2.5.2 Legally protected marine biotopes ac- 2.7.2.1 Red List species in the German cording to section 30 of the Federal North Sea area Nature Conservation Act and FFH habitat types 2.7.2.2 Typical regional fish communities in the EEZ 2.5.2.1 Reefs 2.7.3 Status assessment of the factor Fish 2.5.2.2 Sandbanks 2.7.3.1 Importance of areas and sites for 2.5.2.3 Species-rich gravel, coarse sand fish and shell layers in marine and coastal areas Marine mammals 2.5.2.4 Seapen and burrowing megafauna 2.8.1 Data availability communities 2.8.2 Spatial distribution and temporal vari- 2.5.3 Status assessment ability 2.5.3.1 Importance of areas and sites for 2.8.2.1 Harbour porpoise biotopes 2.8.2.2 Seals and grey seals Benthos 2.8.3 Status assessment of the factor Ma- 2.6.1 Data availability rine mammals 2.6.2 Spatial distribution and temporal vari- 2.8.3.1 Importance of areas and sites for ability marine mammals 2.6.2.1 Current species spectrum of the 2.8.3.2 Protection status Description and assessment of state of the environment 27 2.8.3.3 Hazards 2.10.3.2 Indirect losses Seabirds and resting birds 2.10.3.3 Climatic changes 2.9.1 Data availability 2.10.3.4 Importance of areas and sites for migratory birds 2.9.2 Spatial distribution and temporal vari- ability Bats and bat migration 2.9.2.1 Abundance of seabirds and resting 2.11.1 Data availability birds in the German North Sea 2.11.2 Spatial distribution and status asses- 2.9.2.2 Frequently occurring species and sment species of special importance for the nature conservation area "Sylt Biodiversity Outer Reef – Eastern German Bight" Air 2.9.2.3 Occurrence of seabirds and rest- Climate ing birds in the areas Landscape 2.9.3 Status assessment of seabirds and resting birds Material assets, cultural heritage 2.9.3.1 Importance of areas and sites for (archaeology) seabirds and resting birds Human beings, including human 2.9.3.2 Protection status health 2.9.3.3 Hazards Interrelationships between the factors Migratory birds 2.10.1 Data availability 2.10.2 Spatial distribution and temporal vari- ability of migratory birds 2.10.2.1 Bird migration over the German Bight 2.10.2.2 Species composition 2.10.3 Status assessment of the factor Mi- gratory birds 2.10.3.1 Anthropogenic influences on bird migration 28 Expected development in the event of non-implementation of the plan 3 Expected development in According to section 17d subsection 1 sentence 1 of the Energy Industry Act, the responsible the event of non-implemen- TSO must ensure the grid connection of offshore tation of the plan wind farms or, as of 1 January 2019, construct and operate this connection in accordance with Expansion of offshore wind energy plays a key the network development plan and the Site De- role in meeting the German government's cli- velopment Plan according to section 5 Wind- mate protection and energy policy objectives. SeeG. Section 6 WindSeeG gives the Federal Maritime It is absolutely necessary to lay the current-car- and Hydrographic Agency the task of compiling rying subsea cable systems up to the grid con- and updating a Site Development Plan for the nection points on land in order to allow the elec- EEZ under the conditions set out in section 4 ff. tricity generated at the offshore wind farms in the WindSeeG and, if an administrative agreement North Sea EEZ to be fed into the onshore high is concluded, also for coastal waters. The task of voltage grid. The need to connect offshore wind the plan, therefore, is to spatially define the ar- farms to the grid would exist even if the plan eas and sites for wind turbines, the expected were not implemented. This means that even if generation capacity there and the necessary the plan were not implemented, these uses routes and locations for the entire required grid would still be exercised in accordance with the infrastructure or grid topology in the North Sea applicable legal bases. EEZ. Furthermore, the plan also develops the temporal component of the expansion by deter- The TSO which is obliged to connect the off- mining the temporal sequence of the calls for shore wind farms in the North Sea to the grid, is tender for the sites for offshore wind turbines and pursuing a connection concept based on high- the calendar years of the commissioning of con- voltage direct current (HVDC) transmission due necting lines. to the required route lengths, which regularly ex- ceed 100 km for the EEZ area. When using the It is necessary to install offshore wind turbines in HVDC, due to the relatively high system power, order to meet the expansion targets laid down in offshore wind farms are connected as a collec- section 4 no. 2b of the Renewable Energy tive connection in which several offshore wind Sources Act. Even if the Site Development Plan farms can be connected to an HVDC grid con- were not to be implemented, further wind farms nection system consisting of a converter plat- would still be built and commissioned in accord- form and DC cable. This means that a signifi- ance with the applicable legal bases. The sec- cantly smaller number of cable systems is re- toral plan is used for spatially and temporally or- quired compared to a connection using three- dered, space-saving and efficient expansion of phase current technology, thereby reducing the offshore wind energy in order to implement frag- space required for the cable systems. As already mentation by further application outside the ar- explained, these sites are used for subsea cable eas, and hence to control land usage and systems and converter platforms independently thereby ensure minimal conflict in the develop- of the implementation of the Site Development ment of this technology. Therefore, the environ- Plan in the EEZ. Therefore, the environmental mental effects of the Site Development Plan's effects of the Site Development Plan's specifica- specifications do not go beyond the effects of the tions do not go beyond the effects of the zero al- zero alternative (non-implementation of the ternative (non-implementation of the plan), but in plan), but in fact can be reduced by the Site De- fact can be reduced by the Site Development velopment Plan on account of its steering effect. Plan by way of steering. Expected development in the event of non-implementation of the plan 29 The specification of the direct connection of wind probably be more difficult to ensure the protec- turbines to the converter platform as a standard tion of the individual factors if the Site Develop- concept also leads to savings in terms of space ment Plan were not implemented than if the plan required. This is due to the fact that transformer were implemented. platforms are no longer necessary and may be The grid connection of the individual sites pro- omitted, but a separate platform may be required vided for in the plan, staggered in terms of time, for maintenance and accommodation purposes has the potential to minimise disturbances to for offshore wind farms. There could also be sav- protected species in particular. Failure to imple- ings in terms of subsea cables, depending on the ment the plan would probably increase area use spatial location of the future converter platform. and the associated burden on the marine envi- The reservation in the draft of the Site Develop- ronment. Inadequate spatial coordination in the ment Plan is pointed out regarding the specifica- event of non-implementation of the plan could, tion of the 66 kV connection concept based on for example, lead to significantly more frag- the outstanding analysis of the costs of this con- mented wind farm areas and cable crossings cept. with corresponding effects – caused by intersec- The sites for the cabling within the wind farm will tions becoming necessary – on the factors in be used independently of the implementation of question. the Site Development Plan in the EEZ. The en- Although it is not possible to quantify in concrete vironmental impact of the specifications of the terms the number of additional land uses or Site Development Plan does not therefore go be- crossings and the associated additional land re- yond the effects of non-implementation of the quirements, it is clear from the specifications in plan. Rather, the Site Development Plan may the Site Development Plan - in particular the ar- serve to mitigate them due to its steering effect. eas for wind turbines, routing and gates - that the The aim of the Site Development Plan is to spec- planning of the TSO has already progressed to ify the expansion of offshore wind turbines and such an extent due to the earlier system charac- the grid topology, in particular with regard to grid terised by individual approvals and connections, connection of offshore wind farms in the EEZ, that complete overall coordination is no longer coordinated in spatial and temporal terms ac- possible due to existing constraints. Taking cording to the legal requirements in the sense of these constraints into account, a considerable a predictive and coordinated overall planning. If number of crossings could no longer be pre- the Site Development Plan were not to be imple- vented at this planning stage. For future projects, mented, the previously practised system of pro- the aim is to coordinate these and to plan ahead ject-specific individual planning and connection in accordance with the planning principles (see would remain in place; in other words, wind details in chapter 4 of the Site Development farms and their grid connections would be Plan). planned and implemented without systematic in- clusion of the entire area. The required space re- Soil/Area quirements can be minimised and the potential environmental impact can be reduced by regu- Water lating planning and technical principles in the Site Development Plan. As the plan makes nu- Plankton merous specifications relating to the most com- patible possible design of the uses, it would Biotopes 30 Expected development in the event of non-implementation of the plan Benthos Fish Marine mammals Seabirds and resting birds Migratory birds Bats and bat migration Biodiversity Air Climate Landscape Material assets, cultural heritage (archaeology) Human beings, including human health Interrelationships between the factors Description and assessment of the likely significant effects of the implementation of the Site 31 Development Plan on the marine environment 4 Description and assess- 13 of the Federal Nature Conservation Act are also covered in the assessment of the individual ment of the likely signifi- objects of protection. cant effects of the imple- Under Article 5 (2a) WindSeeG, the FEP can mentation of the Site Devel- also make specifications for "other energy pro- duction areas" for a total of 40 to 70 km². Accord- opment Plan on the marine ing to Section 3 No. 8 WindSeeG, another en- environment ergy production area is an area outside areas where offshore wind energy plants and other en- In the following, the description and evaluation of ergy production plants can be erected in spatial the environmental impacts concentrates on the proximity to each other. The installations may not objects of protection for which significant im- be connected to the public grid. In the North Sea pacts cannot be excluded from the outset by the EEZ, the former area N-8.4 is designated in the implementation of the FEP. FEP 2020 as an other energy production area According to Article 40 (1) UVPG, the likely sig- (SEN-1). Within the framework of the strategic nificant environmental impacts of the implemen- environmental assessment, a "classic" offshore tation of the plan must be assessed. According wind farm is assumed on the basis of previous to Article 40 (3) UVPG, the environmental im- findings with regard to electricity generation. En- pacts of the plan are provisionally assessed with vironmental impacts beyond this are strongly de- a view to effective environmental precautions. pendent on the respective variant of use and are According to Article 3, sentence 2 UVPG, the en- therefore comprehensively examined at the ap- vironmental assessment serves to ensure effec- proval level. In this respect, the SEA for the other tive environmental precautions in accordance energy production areas is carried out in the with the applicable laws. Within the framework of same way as the assessment of areas for off- the FEP and the provisions of §§ 4 ff. WindSeeG, shore wind energy. a hazard to the marine environment must be ex- cluded in the specifications contained in the plan Soil/Areas in accordance with Article 5 (3) WindSeeG. The marine environment includes the objects of pro- 4.1.1 Areas, sites and platforms tection and their habitat, including possible inter- 4.1.2 Subsea cable systems actions, described in this environmental report. Those objects of protection for which a signifi- Benthos cant impairment could already be excluded in the previous chapter 2 are not taken into account. 4.2.1 Areas and sites This applies to plankton, water, air, cultural her- itage and other material goods as well as to hu- 4.2.2 Platforms man beings, including human health. Possible 4.2.3 Subsea cable systems impacts on biological diversity are dealt with un- der the individual biological assets to be pro- Biotopes tected. All the objects of protection listed in Arti- cle 2 (1) of the UVPG are examined before the 4.3.1 Areas and sites species protection and site protection assess- ments are presented. Statements on the general 4.3.2 Platforms protection of nature and landscape under Article Description and assessment of the likely significant effects of the implementation of the Site Development 32 Plan on the marine environment 4.3.3 Subsea cable systems 4.10.2 Platforms Fish Interrelationships 4.4.1 Areas and sites Cumulative effects 4.4.2 Platforms 4.12.1 Soil/area, benthos and biotopes 4.4.3 Subsea cable systems 4.12.2 Fish Marine mammals 4.12.3 Marine mammals 4.5.1 Areas and sites 4.12.4 Seabirds and resting birds 4.5.2 Platforms 4.12.5 Migratory birds 4.5.3 Subsea cable systems Transboundary impacts The SEA concludes that, as things stand at pre- Seabirds and resting birds sent, the provisions of the FEP do not have a significant impact on the areas of the neighbour- 4.6.1 Areas and sites ing countries bordering the German North Sea 4.6.2 Platforms EEZ. This also applies with regard to the exten- sion of areas N-9, N-10, N-12 and N-13 in a 4.6.3 Subsea cable systems north-western direction and the designation of other energy production areas. Migratory birds Significant transboundary impacts can be ruled out in principle for the following assets to be pro- 4.7.1 Areas and sites tected: soil, water, plankton, benthos, biotope 4.7.2 Platforms types, landscape, cultural heritage and other material assets, and the human being and hu- 4.7.3 Subsea cable systems man health. Possible significant transboundary impacts could only arise if all the planned wind Bats and bat migration farm projects in the area of the German North Sea for the highly mobile objects of protection 4.8.1 Areas and sites fish, marine mammals, sea birds and resting birds as well as migratory birds and bats are 4.8.2 Platforms taken into account cumulatively. 4.8.3 Subsea cable systems For fish, the SEA comes to the conclusion that, according to the current state of knowledge, no Climate significant transboundary impacts on fish are to be expected as a result of the implementation of Landscape the FEP, since on the one hand the areas for which the FEP has been defined do not have a 4.10.1 Areas and sites prominent function for fish fauna and on the Description and assessment of the likely significant effects of the implementation of the Site 33 Development Plan on the marine environment other hand the recognisable and predictable ef- fects are of a small-scale and temporary nature. According to the current state of knowledge and taking into account impact-minimizing and dam- age-limiting measures, significant transboundary effects can also be ruled out for the protected marine mammal species. For example, the in- stallation of the foundations of wind turbines and converter platforms is only permitted in the spe- cific licensing procedure if effective noise reduc- tion measures are implemented (cf. 4.4.1.7 FEP). With regard to the protection of seabirds and resting birds, the Danish bird sanctuary "Sydlige Nordsø", which is directly adjacent to the German EEZ to the north and also has a high occurrence of seaweed, must be taken into ac- count when considering possible significant cross-border impacts. The non-designation of the N-5.4 area counteracts a possible impair- ment of the Danish bird sanctuary, including the presence of loons. For migratory birds, the wind turbines and plat- forms erected on the FEP sites may constitute a barrier or collision risk. However, as the plat- forms are individual structures in the immediate vicinity of offshore wind farms, no significant im- pairment of bird migration is to be expected from platforms alone. When considering the collision risk posed by wind turbines, the existing devel- opment of some areas in connection with future development with new types of larger turbines must be taken into account. The collision risk must therefore be assessed differently for each specific area. A final cumulative consideration of the effects on bird migration, taking into account all the offshore wind farms to be considered, is not possible at the present time due to a lack of information on the actual collision risk. 34 Assessment of wildlife conservation regulations 5 Assessment of wildlife con- takes place at the primary level of the sectoral plan. A detailed assessment of wildlife conserva- servation regulations tion regulations for the individual sites and pro- According to section 37 of the Federal Nature jects must be carried out as part of the assess- Conservation Act, general wildlife conservation ment of the suitability of specific sites or the indi- generally includes vidual approval procedure in question.  protection of wild species of fauna and Marine mammals flora and their communities from human interference, and safeguarding of their 5.1.1 Section 44 subsection 1 no. 1 of the other living conditions, Federal Nature Conservation Act  protection of habitats and biotopes of (prohibition of killing and injury) wild animal and plant species, and  reintroduction of fauna and flora of dis- 5.1.1.1 Areas and sites for offshore wind placed wild species in suitable biotopes turbines within their natural distribution area. 5.1.1.2 Platforms Special provisions with prohibitions are applica- ble to fauna of specially or strictly protected spe- 5.1.1.3 Subsea cable systems cies. According to section 44 subsection 1 no. 1 of the Federal Nature Conservation Act, wild 5.1.2 Section 44 subsection 1 no. 2 of the fauna of specially protected species must not be Federal Nature Conservation Act injured or killed. According to section 44 subsec- (prohibition of disturbance) tion 1 no. 2 of the Federal Nature Conservation 5.1.2.1 Areas and sites for offshore wind Act, wild fauna of strictly protected species and energy European bird species must not be significantly disturbed during reproduction, rearing, moulting, 5.1.2.2 Platforms hibernation and migration periods. Significant disturbance occurs when the conservation sta- 5.1.2.3 Subsea cable systems tus of the local population of a species deterio- rates as a result of the disturbance. Avifauna (seabirds, resting birds It does not matter whether a relevant injury or and migratory birds) disturbance is due to reasonable grounds; nor do reasons, motives or subjective tendencies play 5.2.1 Section 44 subsection 1 no. 1 of the any part in respect of compliance with the prohi- Federal Nature Conservation Act bitions (LANDMANN/ROHMER, 2018). (prohibition of killing and injury) Whether the Site Development Plan meets the 5.2.1.1 Areas and sites for offshore wind wildlife conservation requirements of section 44 turbines of the Federal Nature Conservation Act for spe- cially protected animal species is examined in 5.2.1.2 Platforms the context of this study on assessment of wild- life conservation regulations. It will examine in 5.2.1.3 Subsea cable systems particular whether the plan violates prohibitions under wildlife conservation regulations. This as- 5.2.2 Section 44 subsection 1 no. 2 of the sessment of wildlife conservation regulations Federal Nature Conservation Act Assessment of wildlife conservation regulations 35 (prohibition of disturbance) 5.2.2.1 Areas and sites for offshore wind turbines 5.2.2.2 Platforms 5.2.2.3 Subsea cable systems Bats 5.3.1 Section 44 subsection 1 nos. 1 and 2 of the Federal Nature Conservation Act 5.3.1.1 Areas and sites for offshore wind turbines 5.3.1.2 Platforms 5.3.1.3 Subsea cable systems 36 Assessment of the implications 6 Assessment of the implica- subsection 1 and section 5 subsection 6 of the Regulation on the designation of the nature con- tions servation area "Dogger Bank" (NSGDgbV)6). Within the framework of the present SEA, the ar- These projects and plans are to be examined for eas, sites, platforms and submarine cable routes their compatibility with the conservation objec- planned in the FEP will be examined separately tive of the relevant regulation. They are permis- for their compatibility with the protection pur- sible if, according to section 34 subsection 2 of poses of the nature reserves. The impact as- the Federal Nature Conservation Act, they can- sessment carried out here for areas and sites not lead to significant impairments of the compo- takes place at the planning level and does not nents of the nature conservation area significant replace the corresponding assessment at the for the conservation objective or if they meet the level of concrete projects, which is carried out as requirements according to section 34 subsec- part of the planning approval process. To this ex- tions 3 to 5 of the Federal Nature Conservation tent, further avoidance and mitigation measures Act (see section 7 subsection 2 of the NSGSylV, are to be expected if they are deemed necessary section 5 subsection 2 of the NSGBRgV and by the impact assessment within the framework section 5 subsection 2 of the NSGDgbV). Com- of planning approval procedures in order to ex- patibility according to the Federal Nature Con- clude any impairment of the conservation objec- servation Act has to be examined according to tives of the protected areas by use within or out- the assessment previously carried out for the side a nature conservation area. fauna-flora-habitat areas (FFH areas). By a de- cision made by the EU Commission dated Legal basis 12.11.2007, the nature conservation areas in the EEZ were previously included under European The German North Sea EEZ includes the nature law as FFH sites in the first updated list of sites conservation areas "Sylt Outer Reef – Eastern of Community importance in the Atlantic biogeo- German Bight", "Borkum Reef Ground" and graphical region according to Art. 4 subsection 2 "Dogger Bank", which were established by de- of the Habitats Directive (Official Journal of the cree on 22 September 2018. EU, 15.01.2008, L 12/1), so an FFH assessment Essentially, construction of artificial installations of the implications has already been carried out and buildings in nature conservation areas is within the framework of the Spatial Offshore Grid prohibited. However, this does not apply to pro- Plan. jects and plans for the generation of wind energy Sections 34 and 36 of the Federal Nature Con- and the laying or operation of subsea cables, servation Act stipulate that plans or projects subject to an admissibility check (see section 6 which, individually or in conjunction with other subsection 1 and section 7 subsection 6 of the plans or projects, may significantly effect an FFH Regulation on the designation of the nature con- and EU bird sanctuary and which do not directly servation area "Sylt Outer Reef – Eastern Ger- serve the administration of the site, must be as- man Bight" (NSGSylV)4; section 4 subsection 1 sessed for their compatibility with the protection and section 5 subsection 6 of the Regulation on and conservation objectives of a Natura 2000 the designation of the nature conservation area site. This is also applicable to projects outside "Borkum Reef Ground" (NSGBRgV)5; section 4 the site which, individually or in combination with 4 Regulation of 22.09.2017, Federal Law Gazette I, p. 3423. 6 Regulation of 22.09.2017, Federal Law Gazette I, p. 3400. 5 Regulation of 22.09.2017, Federal Law Gazette I, p. 3395. Assessment of the implications 37 other projects or plans, are likely to significantly specifications defined within the EEZ on the pro- undermine the conservation objectives of the tected areas in the adjacent 12 nautical mile sites. With the designation of the nature conser- zone and the adjacent waters of the neighbour- vation areas, this assessment now refers to the ing states. This also concerns assessment and conservation objective of these nature conserva- consideration of functional relationships be- tion areas. The assessment of the implications tween the individual protected areas and the co- under the Habitats Directive has a narrower herence of the network of protected areas under scope than the SEA as it is limited to reviewing section 56 subsection 2 of the Federal Nature the impact using the conservation objectives es- Conservation Act, since the habitats of some tar- tablished for the protected area. Other environ- get species (e.g. avifauna, marine mammals) mental effects do not need to be assessed. may extend over several protected areas due to their large range. Specifically, the protected ar- The total area of the three nature conservation eas "Lower Saxon Wadden Sea National Park" areas amounts to 7,947 km² (26.8% of the EEZ and the EU bird sanctuary "Lower Saxon Wad- zone of the North Sea), the nature conservation den Sea and adjacent coastal waters" in Lower site "Sylt Outer Reef – Eastern German Bight" Saxon coastal waters, the "Schleswig-Holstein covers an site of 5,603 km² (11.0%), the nature Wadden Sea National Park", the "Ramsar Area conservation site "Borkum Reef Ground" covers Schleswig-Holstein Wadden Sea and adjacent an site of 652 km2, and the nature conservation coastal areas", the FFH area "Steingrund" and site "Dogger Bank" covers 1,692 km2. the "Helgoland seabird sanctuary" in Schleswig- The factors as a whole are the habitat types Holstein coastal waters, as well as the Natura "reefs" and "sandbanks" according to Annex I of 2000 area "Southern North Sea" in the Danish the Habitats Directive, certain fish species and EEZ, are taken into account. marine mammals according to Annex II of the Apart from the effects within the EEZ, this as- Habitats Directive (mud lamprey, waite, harbour sessment of the implications explicitly examines porpoise, grey seal and seal), as well as various only possible remote effects of the areas and bird species according to Annex I of the Birds Di- sites, platforms and subsea cable routes that are rective (red-throated diver, black-throated diver, planned in the EEZ in protected sites in adjacent little gull, sandwich tern, common tern, Arctic areas. The planned areas and sites, platforms tern, fulmar, gannet, common scoter, great skua, and subsea cable routes are regularly located pomarine skua, common gull, lesser black- sufficiently far away from the protected sites in backed gull, kittiwake, guillemot, razorbill). Spe- coastal waters, so no significant effects on these cies listed in Annex IV of the Habitats Directive, protected sites can be assumed in this respect. e.g. the harbour porpoise, must be strictly pro- However, this consideration is not made with re- tected everywhere, including outside the defined gard to routes in coastal waters, which are con- protected areas. nected to the gates provided for in the Site De- Within the framework of the Site Development velopment Plan. This assessment is the subject Plan, individual areas and sites, platforms, sub- of the coastal states' environmental reports on sea cable routes and gates are planned in or Spatial Plans or secondary procedures. near the nature conservation sites "Borkum Reef Ground" and "Sylt Outer Reef – Eastern German Bight". In addition, the assessment of the implications also takes into account the remote effects of the 38 Assessment of the implications Assessment of the compatibility the protection purposes and con- of the FEP with protected spe- servation objectives of Area I of the nature reserve "Sylter Außen- cies riff - Östliche Deutsche Bucht" 6.2.1 Impact assessment pursuant to Arti- with regard to marine mammals cle 34 para. 1 BNatSchG in conjunc- 6.2.2.2 Assessment of the compatibility of tion with Article 6 (3) of the Habitats the FEP for areas N-4, N-5, N-11 Directive and under Article 5 (6) of and N-13 and associated areas and the Ordinance on the Establishment platforms with regard to marine of the "Borkum Riffgrund" Nature Re- mammals serve 6.2.2.3 Assessment of the compatibility of 6.2.1.1 Assessment of the compatibility of the FEP for areas N-1 to N-3, N-6 to the FEP for areas N-1 to N-3 and N-10 and N-12 and associated ar- associated areas and platforms eas and platforms with marine with marine mammals mammals 6.2.1.2 Assessment of the compatibility of 6.2.2.4 Testing the compatibility of the the FEP for areas N-4 to N-13 and FEP for submarine cable systems associated areas and platforms with marine mammals with marine mammals 6.2.2.5 Assessment of the plan's compati- 6.2.1.3 Testing the compatibility of the bility with the protection purposes FEP for submarine cable systems and conservation objectives of with marine mammals Area II of the nature reserve "Sylt 6.2.1.4 Assessment of the compatibility of Outer Reef - Eastern German the FEP for areas N-4 to N-13 and Bight" with regard to the Avifauna associated areas and platforms 6.2.2.6 Assessment of the compatibility of with marine mammals the FEP for the area N-4 and the 6.2.1.5 Testing the compatibility of the associated areas and platforms FEP for submarine cable systems with regard to protected bird spe- with marine mammals cies 6.2.2 Impact assessment pursuant to Arti- 6.2.2.7 Assessment of the compatibility of cle 34 para. 1 BNatSchG in conjunc- the FEP for the area N-5 and the tion with Article 6 (3) of the Habitats associated areas and platforms Directive and Article 5 (6) of the Ordi- with regard to protected bird spe- nance on the Establishment of the cies "Sylt Outer Reef - Eastern German 6.2.2.8 Assessment of the compatibility of Bight" Nature Reserve with regard to the FEP for the area N-5 and the marine mammals and protected bird associated areas and platforms species with regard to protected bird spe- 6.2.2.1 Assessment of compatibility with cies Assessment of the implications 39 6.2.2.9 Assessment of the compatibility of Adjacent Coastal Sea" are located in the coastal the FEP for areas N-1 to N-3, N-6 to sea of Lower Saxony, the "National Park Schles- N-10 and N-12 and the areas and wig-Holstein Wadden Sea", the "Ramsar Area platforms belonging to them with Schleswig-Holstein Wadden Sea and Adjacent regard to protected bird species Coastal Areas", the FFH area "Steingrund" and the "Seevo bird sanctuary Helgoland" in the 6.2.2.10 Testing the compatibility of the coastal sea of Schleswig-Holstein as well as the FEP for submarine cable systems Natu-ra2000 area "Sydlige Nordsø" in the Dan- with regard to protected bird spe- ish EEZ, the Dutch bird sanctuary "Friese Front" cies and the Dutch FFH area "Doggersbank". 6.2.3 Impact assessment pursuant to Arti- The protection and conservation objectives for cle 34 para. 1 BNatSchG in conjunc- the Natu-ra2000 sites outside the EEZ are taken tion with Article 6 (3) of the Habitats from the following documents: Directive and Article 5 (7) of the Ordi- - FFH area "Lower Saxony Wadden Sea Na- nance on the designation of the Dog- tional Park": § 2 in connection with Annex 5 Law gerbank nature conservation area on the "Lower Saxon Wadden Sea National Park" (NWattNPG) of 11 July 2001 6.2.3.1 Assessment of the compatibility of (http://www.lexsoft.de/cgi-bin/lexsoft/nieder- the FEP for areas, sites and asso- sachsen_recht.cgi?chosenIn- ciated platforms with regard to ma- dex=Dummy_nv_6&xid=173529,3) rine mammals - EU Bird Sanctuary "Lower Saxony Wadden 6.2.3.2 Testing the compatibility of the Sea and adjacent coastal sea": Natura 2000 FEP for submarine cable systems sites of the Tideweser in Lower Saxony and Bre- with marine mammals men (http://www.umwelt.bremen.de/sixcms/me- dia.php/13/Fachbeitrag- Natura2000 sites outside the 1_Natura%202000_Teil%203.pdf) German EEZ - FFH area "Schleswig-Holstein Wadden Sea The impact assessment also takes into account National Park and adjacent coastal areas": Con- the remote effects of the provisions adopted servation objectives for the FFH proposal area within the EEZ on the protected areas in the ad- DE-0916-391 "NTP S-H Wadden Sea and adja- jacent 12-mile zone and in the adjacent waters cent coastal areas" (http://www.umwelt- of neighbouring countries. This also applies to daten.landsh.de/public/natura/pdf/erhaltung- the assessment and consideration of functional sziele/DE-0916-391.pdf) relationships between the individual protected - EU Bird Sanctuary "Ramsar Area S-H Wadden areas and the coherence of the network of pro- Sea and adjacent coastal areas": Conservation tected areas pursuant to Article 56 (2) of the Fed- objectives for the DE- 0916-491 "Ramsar Area eral Nature Conservation Act, since the habitat S-H Wadden Sea and adjacent coastal areas" of some target species (e.g. avifauna, marine (http://www.umweltdaten.landsh.de/pub- mammals) may extend over several protected lic/natura/pdf/erhaltungsziele/DE-0916-491.pdf) areas due to their large radius of action. - "Seabird sanctuary Helgoland": conservation In detail, the protected areas "National Park objectives for the DE-1813-491 bird sanctuary Lower Saxony Wadden Sea" and the EU bird protection area "Lower Saxony Wadden Sea and 40 Assessment of the implications "Seabird sanctuary Helgo-land" (http://www.um- With regard to seabirds and resting birds, the weltdaten.landsh.de/pub- Danish bird sanctuary "Sydlige Nordsø", which is lic/natura/pdf/erhaltungsziele/DE-1813-491.pdf) directly adjacent to the German EEZ to the north and has a high concentration of loons, must be - FFH site "Steingrund": conservation objectives taken into account when considering possible for the site DE 714-391 "Steingrund", designated significant impacts on protected areas outside as a site of Community importance (www.um- the German EEZ. The non-designation of the N- weltdaten.landsh.de/pub- 5.4 area counteracts a possible deterioration of lic/natura/pdf/erhaltungsziele/DE-1714-391.pdf) the Danish bird sanctuary, including the pres- - Denmark: FFH and bird sanctuary "Sydlige ence of loons. Nordsø": EUNIS factsheet (http://eunis.eea.eu- ropa.eu/sites/DK00VA347) Results of the impact assess- - Netherlands: "Friese Front" bird sanctuary: ment EUNIS factsheet (https://eunis.eea.eu- As a result, a considerable impairment of the ropa.eu/sites/NL2016166) protection purposes of the nature conservation - The Netherlands: Habitats Area "Doggers- area "Borkum Riffgrund", the protection pur- bank": EUNIS Factsheet (https://eunis.eea.eu- poses of the nature conservation area "Sylter ropa.eu/sites/NL2008001). Außenriff - Östliche Deutsche Bucht" and the protection purposes of the nature conservation In addition, under Article 12 of the Habitats Di- area "Doggerbank" as well as on protected areas rective for species listed in Annex IV of the Hab- outside the German EEZ can be excluded with itats Directive, EU Member States shall take the the necessary certainty by implementing the necessary measures within and outside pro- FEP and taking into account avoidance and re- tected areas to establish a system of strict pro- duction measures for FFH habitat type, marine tection for the above species in their natural mammals, avifauna and other animal groups range. According to the Habitats Directive, this protected under the FFH. includes all whale species. The FFH areas are intended to preserve parts of the feeding habitat. It should be noted that the FFH impact assess- ment carried out here could not examine project- In addition to the effects of the plan within the specific properties which are only concretised EEZ, the present impact assessment explicitly and defined in the course of planning approval only examines possible remote effects of the ar- procedures by project developers. The impact eas, surfaces, platforms and submarine cable- assessment is therefore carried out as part of the ways planned within the EEZ on protected areas planning approval procedure for the project in in adjacent areas. The planned areas, sites, plat- question with the aim of deriving and defining the forms and submarine cableways are at a suffi- necessary avoidance and mitigation measures cient distance from the protected areas in the at project level. coastal sea so that no significant effects on these protected areas are to be expected. However, According to the current state of knowledge, a this consideration is not made with regard to the significant impairment of the FFH-LRT "Reefs" routes in the coastal sea, which are connected and "Sandbanks with only weak permanent in- to the border corridors provided for in the FEP. undation by seawater" can be ruled out, even if This examination is the subject of the environ- the plan and existing projects for the nature con- mental reports of the coastal countries on the re- servation areas "Borkum Riffgrund", "Sylt Outer spective regional development plans or subordi- Reef - Eastern German Bight" and "Doggerbank" nate procedures. are considered cumulatively. Overall plan evaluation 41 7 Overall plan evaluation conclusively within the framework of the present SEA or are subject to uncertainties and need to In summary, with regard to the planned areas be assessed more closely within the framework and sites, platforms and subsea cable routes of subsequent planning stages. and the designation of the orther energy produc- tion side SEN-1, the effects on the marine envi- ronment will be minimised as far as possible by means of orderly, coordinated overall planning of the Site Development Plan. By adhering strictly to prevention and mitigation measures, in partic- ular for noise mitigation during the construction phase, considerable effects can be prevented by implementing the planned sites, areas and plat- forms. No areas or sites have been defined in the nature conservation sites. From a precautionary point of view, no corresponding specifications have yet been included in the main concentration area for divers. The laying of subsea cable systems can be made as eco-friendly as possible, e.g. by by- passing nature conservation areas and pro- tected biotopes and by choosing a laying method that is as unobtrusive as possible. The planning principle for sediment warming should ensure that significant negative effects of cable heating on benthic communities are prevented. Prevent- ing crossings between subsea cable systems as far as possible also serves to prevent negative effects on the marine environment, in particular on the factors Soil, Benthos and Biotopes. Given the above descriptions and assessments, the Strategic Environmental Assessment concludes that, with regard to possible interrelationships, no significant effects on the marine environment within the investigation area are to be expected from the planned specifications on the basis of current knowledge and the comparatively ab- stract level of sectoral planning. The potential ef- fects are frequently small-scale and mostly short-term, as they are limited to the construction phase. To date, there is a lack of sufficient sci- entific knowledge and consistent evaluation methods for cumulative assessment of the ef- fects on individual factors such as bat migration. Therefore, these effects cannot be assessed Measures to prevent, mitigate and offset significant negative effects of the Site Development Plan 42 on the marine environment 8 Measures to prevent, miti- ning level, others only come into play at the spe- cific implementation stage and are regulated gate and offset significant there in the individual approval procedure ac- negative effects of the Site cording to the project and location. With regard to planning prevention and mitigation measures, Development Plan the Site Development Plan defines spatial and on the marine environment textual specifications which, according to the en- vironmental protection objectives set out in Introduction chapter Fehler! Verweisquelle konnte nicht gefunden werden., serve to prevent or mitigate According to section 40 subsection 2 UVPG, the significant negative effects in the marine envi- environmental report includes a description of ronment due to implementation of the Site De- the planned measures to prevent, mitigate and, velopment Plan. This mainly concerns as far as possible, compensate for significant ad- verse environmental effects resulting from imple-  Consideration of nature conservation areas mentation of the plan. In principle, the Site De- and legally protected biotopes velopment Plan will take marine environment  exclusion effect of wind turbines in nature concerns into account more effectively when ex- conservation areas,  exclusion effect of platforms in nature panding power generation by means of offshore conservation areas wind turbines and the corresponding connecting  the principle of laying subsea cable sys- lines. The specifications of the Site Development tems outside these areas as far as pos- Plan will prevent negative effects on the devel- sible, opment of the state of the environment of the  as little land usage as possible, ensured by North Sea EEZ. This is due in particular to the the planning principles fact that there is always a need to expand off-  economic area use when arranging wind shore wind energy and the corresponding con- turbines  maximum possible bundling of subsea necting lines and that the corresponding infra- cable routes in the sense of parallel rout- structure (wind farms, platforms and subsea ca- ing, ble systems) would have to be created even  prevention of cable and pipeline cross- without an Site Development Plan (see chapter ings, Fehler! Verweisquelle konnte nicht gefunden  the planning principle for noise mitigation, werden.). If the plan were not implemented,  the planning principle for sediment warming, however, the uses would develop without the  Reduction of scour protection measures to a space-saving and resource-conserving steering minimum so as to prevent having to introduce and coordination effect of the Site Development artificial hard substrate  specifications for the dismantling of structural Plan. installations, and Moreover, the specifications of the Site Develop-  consideration of best environmental practice ment Plan are subject to a continuous optimisa- in accordance with the OSPAR Convention tion process, as the knowledge obtained on a and the state of the art. The measures listed below serve to prevent and rolling basis within the framework of the SEA and mitigate insignificant and significant negative ef- the consultation process is taken into account fects in the specific implementation of the Site when the plan is compiled. Development Plan. These mitigation and pre- While individual prevention, mitigation and com- vention measures are specified and ordered by pensation measures may begin even at the plan- the competent licensing authority at project level Measures to prevent, mitigate and offset significant negative effects of the Site Development 43 Plan for the planning, construction and operation e.g. large bubble curtains, hydro silenc- phases. ers or sheathing. These noise protection measures must be specified in detail in Areas and sites for offshore the individual approval procedures for wind turbines specific locations and installations. The following measures to prevent and mitigate  Adaptation of the pile-driving process to significant and insignificant negative environ- location- and project-specific conditions mental effects must be taken into account in the by control of the pile-driving energy and specific planning and construction of wind tur- impact frequency bines:  Noise prevention measures: use appro-  When installing foundations, suitable priate methods to prevent killing and in- measures must be implemented to en- juring fauna near the pile-driving site: sure that noise emissions (sound pres-  Use of suitable deterrent devices sure SEL05) at a distance of 750 m does such as the FaunaGuard system not exceed 160 decibels (dB re 1 μPa²s) or, in special cases, "pingers" and and the peak sound pressure level does "seal scarers" not exceed 190 decibels  "Soft-start procedure": delaying (dB re 1 μPa). the increase of pile-driving en-  Adherence to pile-driving times, including ergy should allow fauna in the vi- aversive conditioning measures, of no cinity of the pile-driving site to move away from the construction more than 180 minutes during the inser- tion of monopiles and no more than 140 site. minutes per pile for jacket structures.  Coordination of pile-driving work for vari- ous projects in order to minimise overall  Monitoring activities during the construc- noise output times tion phase, in particular by recording the underwater noise level during the instal-  Consideration of the noise protection lation of foundations. Monitoring of noise concept of the Federal Ministry for the level and compliance with limits must be Environment, Nature Conservation and carried out by an accredited facility. The Nuclear Safety (2013) suitability of the measuring equipment is  Assessment of alternative, low-noise to be demonstrated by accreditation in foundation forms, such as "suction buck- accordance with ets". The environmental impact of alter- DIN EN ISO/IEC 17025 with regard to native forms of foundation must always ISO 18406:2017 and DIN SPEC be assessed with regard to any additional 45653:2017. significant effects on the marine environ-  Noise mitigation measures: use of the ment, in particular also from the introduc- relevant best available method according tion of continuous noise. to the state of the art in science and tech- nology in order to reduce the level of un-  Reduction of shipping traffic for construc- derwater noise so as to comply with ap- tion and operation of platforms, and the plicable noise protection specifications associated acoustic and visual impair- during the installation of foundation piles, ments, to a minimum by optimal con- struction and time planning Measures to prevent, mitigate and offset significant negative effects of the Site Development Plan 44 on the marine environment  Ensuring that no preventable emissions The following measures to prevent and mitigate of pollutants, noise or light occur during significant and insignificant negative environ- the construction or operation of the instal- mental effects must be taken into account in the lation in accordance with the state of the specific planning and construction of platforms art (converter platforms, collector platforms, trans-  Lighting that is as compatible as possible former platforms and residential platforms): with nature during operation of the instal-  When installing foundations, suitable lations in order to reduce attraction as far measures must be implemented to en- as possible, taking into account the re- sure that noise emissions (sound pres- quirements of safe shipping and air traffic sure SEL05) at a distance of 750 m does and occupational safety, e.g. switching not exceed 160 decibels (dB re 1 μPa²s) obstruction lighting on and off as re- and the peak sound pressure level does quired, selection of suitable lighting in- not exceed 190 decibels tensities and spectra or lighting intervals (dB re 1 μPa).  Restriction of the introduction of hard substrate to a minimum  Adherence to pile-driving times, including  Use of low-pollution paints aversive conditioning measures, of no  Use of traffic safety vehicles during the more than 180 minutes during the inser- construction and commissioning phases tion of monopiles and no more than 140 in order to prevent collisions minutes per pile for jacket structures.  Correct disposal of oil residues from ma-  Monitoring activities during the construc- chinery, faeces, packaging, waste and tion phase, in particular by recording the wastewater on land. Preparation of a underwater noise level during the instal- "waste concept" for construction and lation of foundations. Monitoring of noise operation level and compliance with limits must be  Compilation of emergency plans, includ- carried out by an accredited facility. The ing for accidents involving water-polluting suitability of the measuring equipment is substances during the construction and to be demonstrated by accreditation in operation phases accordance with  If, during planning or installation of DIN EN ISO/IEC 17025 with regard to plants, so far undiscovered ordnance is ISO 18406:2017 and DIN SPEC found on the seabed, corresponding pro- 45653:2017. tective measures must be taken.  Noise mitigation measures: use of the  Monitoring of possible effects on the relevant best available method according marine environment due to the construc- to the state of the art in science and tech- tion or operation of the installations by nology in order to reduce the level of un- means of mandatory ecological monitor- derwater noise so as to comply with ap- ing during the construction and opera- plicable noise protection specifications tion phase in accordance with StUK 4 during the installation of foundation piles, e.g. large bubble curtains, hydro silenc- The above-mentioned avoidance and reduction ers or sheathing. These noise protection measures for areas and land apply accordingly measures must be specified in detail in to other energy production areas. the individual approval procedures for specific locations and installations. Platforms Measures to prevent, mitigate and offset significant negative effects of the Site Development 45 Plan  Adaptation of the pile-driving process to the construction or operation of the instal- location- and project-specific conditions lation in accordance with the state of the by control of the pile-driving energy and art impact frequency  Lighting that is as compatible as possible  Noise prevention measures: use appro- with nature during operation of the plat- priate methods to prevent killing and in- forms in order to reduce attraction as far juring fauna near the pile-driving site: as possible, taking into account the re- quirements of safe shipping and air traffic  Use of suitable deterrent devices and occupational safety, e.g. switching such as the FaunaGuard system obstruction lighting on and off as re- or, in special cases, "pingers" and quired, selection of suitable lighting in- "seal scarers" tensities and spectra or lighting intervals  "Soft-start procedure": delaying  Restriction of the introduction of hard the increase of pile-driving en- substrate to a minimum ergy should allow fauna in the vi- cinity of the pile-driving site to  Use of low-pollution paints move away from the construction  Use of traffic safety vehicles during the site. construction and commissioning phases  Coordination of pile-driving work for vari- in order to prevent collisions ous projects in order to minimise overall  Correct disposal of oil residues from ma- noise output times chinery, faeces, packaging, waste and  Consideration of the noise protection wastewater on land. Preparation of a concept of the Federal Ministry for the "waste concept" for construction and Environment, Nature Conservation and operation Nuclear Safety (2013)  Compilation of emergency plans, includ-  Assessment of alternative, low-noise ing for accidents involving water-polluting foundation forms for platforms, such as substances during the construction and "suction buckets" or gravity foundations. operation phases The environmental impact of alternative  If, during planning or installation of plat- forms of foundation must always be as- forms, so far undiscovered ordnance is sessed with regard to any additional sig- found on the seabed, corresponding nificant effects on the marine environ- protective measures must be taken. ment, in particular due to the introduction of continuous noise.  Reduction of shipping traffic for construc- Subsea cable systems (DC and tion and operation of platforms, and the AC cable systems) associated acoustic and visual impair- ments, to a minimum by optimal con- Measures for prevention and mitigation must be struction and time planning taken into account as early as the route planning and technical design stages (see Fehler! Ver-  Ensuring that no preventable emissions weisquelle konnte nicht gefunden werden.). of pollutants, noise or light occur during The magnetic field development of the cable sys- tems is kept to a minimum by the use of HVDC Measures to prevent, mitigate and offset significant negative effects of the Site Development Plan 46 on the marine environment technology as specified in the Site Development ordnance is found on the seabed, corre- Plan and the cable configurations specified in ac- sponding protective measures must be cordance with the state of the art. The planning taken. principle for sediment warming should ensure The aim is to implement the following measures compliance with the "2K criterion", i.e. a maxi- with a view to achieving the most eco-friendly de- mum permissible temperature increase of 2 K at sign possible: a sediment depth of 20 cm.  Investigation and presentation of the ef- Moreover, the following measures that help to fects of platforms and subsea cable sys- prevent and mitigate environmental effects are tems on the marine environment within to be implemented in the specific implementation the scope of a monitoring operation, in- of the individual projects: cluding monitoring of coverage during the  Relocation outside nature conservation operating phase of the cables; areas and known occurrences of pro-  Evaluation of the monitoring results in re- tected biotope structures, if possible spect of cumulative effects or interrela-  Selection of the shortest possible route tionships of various uses;  Bundled cable laying  Consideration of the monitoring results within the framework of the update, i.e.  Optimisation of route selection within the experience from implementation of the framework of fine routing in order to pre- projects is used to continuously improve vent and not effect known occurrences of mitigation and prevention measures. particularly sensitive biotopes as far as possible in accordance with section 30 of the Federal Nature Conservation Act  Use of laying methods that protect the soil as much as possible for installation of the cable systems, depending on sed- iment conditions and water depths and taking into account the required minimum coverage  Use of cable types that develop electric and magnetic fields that are as low as possible  Use of materials in cable systems that are as eco-friendly as possible  Reduction of intersections to the required minimum  Use of inert, natural materials for filling and intersections that become necessary  If, during planning or installation of sub- sea cable systems, so far undiscovered Investigated alternatives 47 9 Investigated alternatives jects. Conceptual/strategic design, the spatial lo- cation and technical alternatives therefore play a In accordance with Art. 5 subsection 1 sentence part at the planning level. 1 of the SEA Directive in conjunction with the cri- In principle, it should be noted that preliminary teria in Annex I of the SEA Directive and section examination of possible and conceivable alter- 40 subsection 2 no. 8 UVPG, the environmental natives is already inherent in all specifications in report contains a brief description of the reasons the form of standardised technical and planning for the choice of reasonable alternatives exam- principles. As can be seen from the justification ined. The reasonable alternatives under consid- of the individual planning principles, in particular eration are explained below. Essentially, differ- those relating to the environment – such as, for ent types of alternatives can be considered for example, Avoiding threats to the marine environ- an assessment of alternatives; in particular stra- ment, respecting nature reserves, routing that is tegic, spatial or technical alternatives. The pre- as bundled as possible and implementation that requisite is always that these are reasonable or is as free from crossings as possible – the prin- can be seriously considered. ciple in question is already based on considera- Thus not all conceivable alternatives need to be tion of possible public concerns and legal posi- assessed. However, it is no longer sufficient to tions, so that a "preliminary assessment" of pos- identify, describe and evaluate only those alter- sible alternatives has already been carried out. natives that "seriously offer" or "impose" them- There are already a large number of different selves. The obligation to investigate thus ex- uses and legally protected concerns in the EEZ. tends to all alternatives that "are not obviously ... A "Regulation on Regional Planning in the Ger- remote" (Landmann/Rohmer, 2018). Assess- man EEZ in the North Sea" of 21 September ment of alternatives does not explicitly require 2009, which defines objectives and principles, the development and assessment of particularly also exists in order to regulate the usage inter- eco-friendly alternatives. Rather, the "reasona- ests within the North Sea EEZ. An overall as- ble" alternatives in the above sense should be sessment of the uses and functions in the EEZ presented in a comparative manner with regard has already been carried out as part of the prep- to their environmental effects, so that considera- aration of the Spatial Plan. The objectives and tion of environmental concerns becomes trans- principles of the Spatial Plan have largely been parent when deciding on the alternative to be adopted in the Spatial Plan and are being re- pursued (S. Balla, 2009). viewed and weighed against the specific regula- At the same time, the effort required to identify tory issues of the concerns and rights presented and assess the alternatives under consideration in this procedure. must be reasonable. This means that the greater Possible reasonable alternatives in detail: the expected environmental effects and hence the need for planning conflict resolution, the more likely it is that comprehensive or detailed investigations will be required. By way of example, Annex 4 no. 2 UVPG refers to the assessment of alternatives with regard to the design, technology, location, size and scope of the project, but explicitly refers only to pro- 48 Investigated alternatives Zero alternative 9.3.2 Comparison of the sites with each other Strategic alternatives Within the framework of the FEP (Chapter 5.2.2), a comparison is made between the areas identi- Spatial alternatives fied or examined below in the FEP with regard to the criteria that are decisive for the decision on 9.3.1 Alternative assessment for areas the definition of the areas, among other things With regard to the assessment of alternatives for with regard to conflicts with other uses. In addi- areas, reference is made to the comments in the tion to the FEP implementation, possible con- FEP on the definition of the individual areas flicts are examined in detail here from a nature (Chapter 5.1). There are no seriously considered conservation perspective. alternatives to areas N-1 to N-13 on the basis of The following criteria are used for the nature con- the provisions of the current regional develop- servation area comparison: ment plan for the North Sea EEZ or conflicts with other uses, such as nature conservation areas or - Distance to the nearest protected area military training areas. Areas north-west of the in km (FFH and bird sanctuary) shipping route 10, which has been defined by - Location within/ outside the main con- spatial planning, are not seriously considered as centration area of loons alternatives to the areas designated in the FEP. - Location inside / outside the main dis- With the designated areas N-1 to N-13 (areas N- tribution area of harbour porpoises 4 and N-5 are being examined for possible sub- - Affection of biotopes protected under sequent use) in the North Sea, there is on the Section 30 BNatSchG and suspected one hand a contiguous planning area and on the areas on the site other hand the areas northwest of shipping route - Route of the connecting pipeline 10 are significantly further from the coast. This through a nature reserve (EEZ) in km results in a significant extension of the respective - Route of the connecting pipeline necessary connection systems and thus in any through § 30 biotope / suspected areas case in a greater impact on the seabed. In addi- (EEZ) in km tion, the available data and information basis for - Significance of the area for the individ- the area northwest of shipping route 10 is con- ual objects of protection (textual). siderably worse than for the areas designated in the FEP due to the lack of project-related moni- toring data. In the Baltic Sea EEZ, too, no reasonable alter- natives to the areas O-1 to O-3 are discernible due to the provisions of the current spatial plan- ning plan for the Baltic Sea EEZ. In the territorial sea of Mecklenburg-Western Pomerania, areas O-4, O-5 (area under examination) and O-6 and a test field will be selected by means of an ad- ministrative agreement. For these areas, refer- ence is made to the SEA assessments of the State Spatial Development Programme Meck- lenburg-Pomerania. Investigated alternatives 49 Table 5: Site comparison using nature conservation criteria. Site Minimum distance Site inside the Site within the Affection of § Connection Connection (km) to the nearest main concen- main porpoise 30 bio- line through § 30 bio- protected area af- tration area of distribution topes/sus- through tope / suspected ter loons area pected areas conserva- areas (share of FFH-Dir | VS-Dir tion area EEZ route, km) (EEZ share, km) N-3.7 26 21 No No Not known No No N-3.8 20 22 No No Not known No No O-1.3 9 13 - - Suspected area No No not confirmed N-7.2 28 58 No No Not known No Yes, 2 km suspected area N-3.5 14 18 No No Not known No No N-3.6 11 21 No No Not known No No N-6.6 27 6 No No Not known No Ja, ca. 10 km* N-6.7 40 33 No No Not known No Ja, ca. 10 km* N-9.1 48 30 No No Not known No No N-9.2 48 50 No No Not known No No N-9.3 51 28 No No Not known No Ja, ca. 10 km* N-9.4 50 43 No No Not known No Ja, ca. 10 km* N-10.1 29 70 No No Not known No No N-10.2 34 66 No No Not known No No O-2.2 (in 12 23 - - Not known No No Prüfung) N-5.4 (in 5 17 Yes Yes Yes Yes, 157 km Yes, approx. 3 km den FEP- (Chap. sandbank + 13 km Entwürfen 9.3.3) suspected area 2019 in (Chap. 9.3.3) Prüfung) *compare Chapter. 9.3.4 In detail: be medium to - seasonally in spring - high. Mon- itoring results for the area N-1 to N-3 show a sig- North Sea nificantly higher occurrence in the "Borkum The designated sites N-3.7, N-3.8, N-3.5 and N- Riffgrund" conservation area with decreasing 3.6 in area N-3 are located at a distance of more densities in an easterly direction (section than 10 km from the nearest nature reserve 2.8.3.1). There are no known occurrences of pro- "Borkum Riffgrund". The shortest distance to the tected biotopes in the area of the designated main concentration area of loons is around 40 sites N-3.5, N-3.6, N-3.7 and N-3.8. Due to the km, and the main distribution area of harbour only slight overlap of the N-3 area with the porpoises is at least 34 km away from the indi- "Borkum Riff Ground" sandbank and the other- vidual areas. According to current knowledge, wise predominantly homogeneous, fine to me- the areas are considered to be of medium im- dium-sand sedimentary conditions, the N-3 area portance for resting and foraging birds (cf. is considered to be of only slight overall, and av- 2.9.3.1). For harbour porpoises, the importance erage, importance in the south-western sub-area of the areas in area N-3 is currently assumed to with regard to the protected biotope types. The 50 Investigated alternatives connecting pipelines for all four areas run in the and ecological importance of the burrowing meg- EEZ outside nature reserves and outside known afauna, the benthic community in the designated occurrences of legally protected biotopes. Thus, areas of the N-6 area is considered to be of av- according to the current state of knowledge, no erage to above-average importance (section significant nature conservation conflicts are dis- 2.6.3.1). Based on current knowledge, the des- cernible for the areas designated in area N-3. ignated sites N-6.6 and N-6.7 are not expected to contain any legally protected biotopes (Sec- The site N-7.2 is located at a considerable dis- tion 2.5.3.1). The connecting pipelines for both tance from nature reserves (min. 28 km). The areas in area N-6 run completely outside nature main concentration area of loons and the main conservation areas in the EEZ, and the routes distribution area of harbour porpoises are both cross the protected sandbank biotope type over more than 50 km away from N-7.2. According to a length of around 10 km. Based on current current knowledge, area N-7 is of medium im- knowledge, potential conflicts with regard to the portance for harbour porpoises (cf. 2.8.3.1) and route of the connecting pipeline are therefore sea and resting birds (cf. 2.9.3.1). This area is conceivable, but less so with regard to the areas most frequently used by species of seabirds themselves. Reference is made to the examina- which are widespread throughout the North Sea. tion of alternatives to bypassing the sandbank in Disturbance-sensitive species such as loons are Section 9.3.4. only found in the areas for short periods in search of food and during the main migration pe- The sites N-9.1 to N-9.4 are at a distance of at riods. Due to the occurrence of species of bur- least 28 km from the nearest protected area. The rowing bottom megafauna, the benthic commu- distance to the main distribution area of harbour nity is assigned average to above-average im- porpoises is around 50 km, and even 54 km to portance in the area of the N-7.2 site (section the main concentration area of loons. Overall, 2.6.3.1). Based on current knowledge, the occur- the areas are of medium importance for the pro- rence of legally protected biotopes in the site of tected species of marine mammals and sea and N-7.2 is not to be expected (Section 2.5.3.1). resting birds. The areas are of average to above- The connecting pipeline for the N-7.2 site runs average importance for the benthic species pro- outside of nature conservation areas in the EEZ tected due to the presence of species of digging at all events, but over a length of around 2 km bottom megafauna. The occurrence of legally the pipeline crosses suspected areas of "spe- protected biotopes on the sites can be ruled out cies-rich gravel, coarse sand and schill". Based on the basis of the available information. Despite on the current state of knowledge, this means the occurrence of sediments with a sometimes that any potential small-scale conflicts with re- high proportion of silt and types of digging soil gard to the route of the connecting pipeline can megafauna (Section 2.6.3.1), the absence of sea be identified. feathers means that the legally protected biotope type "silt beds with digging soil megafauna" can Sites N-6.6 and N-6.7 are also located far from be ruled out. The connecting pipeline NOR-9-2 nature conservation areas (min. 25 km) and at a runs for just under 10 km through the protected considerable distance from the main concentra- sandbank biotope type, although it is completely tion area of loons and the main distribution area outside protected areas in the EEZ. Based on of harbour porpoises (more than 55 km in each current knowledge, potential conflicts could thus case). The areas are considered to be of me- arise with regard to the route of the connecting dium importance both for harbour porpoises and pipeline (cf. also the assessment of alternatives for sea and resting birds. Due to the occurrence to bypassing the sandbank in Chapter 9.3.4). Investigated alternatives 51 The sites N-10.1 and N-10.2 are at a distance of 2.8.3.1). For the protection of sea and resting at least 29 km from the nearest protected area. birds, the very high importance of the surround- The distance to the main distribution area of har- ing area of the entire N-5 area for the black- bour porpoises is 30 km and to the main concen- throated and black-throated divers listed in An- tration area of loons 35 km. The areas are of me- nex I of the Birds Directive must be emphasised dium importance for the protected species of ma- (cf. 2.9.3.1). rine mammals and sea and resting birds. Due to Research and monitoring results unanimously the ecological importance of the proven species show that the avoidance behaviour of divers to- of the burrowing ground megafauna, the benthos wards offshore wind farms and the associated in these areas is of average to above-average habitat loss is much more pronounced than orig- importance overall. The existence of legally pro- inally assumed. Current results from the wind tected biotopes on the sites can be ruled out on farm projects in the N-5 area show significant the basis of the available information. Despite mean avoidance distances of about 15 km in the the occurrence of sediments with a sometimes western sub-area (cf. Chapter 5.2.2.1). In ac- high proportion of silt and species of digging soil cordance with the precautionary principle and in megafauna (Section 2.6.3.1), the absence of sea order to avoid endangering the marine environ- feathers means that the legally protected biotope ment within the meaning of Article 5 (3) Wind- type "silt beds with digging soil megafauna" can SeeG and causing a significant disturbance be ruled out. within the meaning of Article 44 (1) No. 2 The site N-5.4 shown in the (preliminary) drafts BNatSchG with the required degree of certainty, of the FEP 2019 under review is at a minimum the FEP continues to refrain from designating the distance of 5 km from the nature conservation site N-5.4, which is currently being examined in area "Sylt Outer Reef - Eastern German Bight"; the (preliminary) drafts of FEP 2019 (see Chap- the distance to the nearest bird sanctuary "East- ters 8.4 and 8.5 of the FEP draft). ern German Bight" is around 17 km. The area The required connecting pipeline for the site N- lies both within the main concentration area of 5.4, which is currently being examined in the loons and in the main distribution area of harbour (preliminary) drafts of the FEP 2019, runs in the porpoises. Due to the sometimes extensive oc- EEZ over a distance of 157 km and thus almost currence of the biotopes "Sublito-rale Sand- completely through the nature reserve "Sylt bank", "Reefs" and "Species-rich gravel, coarse Outer Reef - Eastern German Bight". This in- sand and schill beds", the site N-5.4, which is volves crossing known occurrences of the FFH- currently being examined in the (preliminary) LRT "Sandbank" over a length of around 3 km drafts of FEP 2019, is of great importance with and over a distance of around 13 km of sus- regard to the conservation value of biotope pected areas of the § 30 biotope "Species-rich types. In view of the relatively high species diver- gravel, coarse sand and schill grounds". In the sity and the high structural heterogeneity, the procedure for the parallel connection system benthic community can be regarded as above SylWin1 it became apparent that a bypass of average in terms of the area as a whole. Accord- these KGS deposits was problematic. From a ing to the current state of knowledge, the sur- nature conservation point of view, this results in roundings of the site N-5.4, which is currently un- considerable conflicts with regard to the area N- der review in the (preliminary) drafts of FEP 5.4, which is being examined in the (preliminary) 2019, are of great importance to harbour por- drafts of the FEP 2019. poises and represent the core area of the identi- fied main distribution range of harbour porpoise For migratory birds, the individual marine areas in the German North Sea (BMU, 2013; cf. in the area of areas N-1 to N-13 are of average 52 Investigated alternatives to above-average importance overall. The cur- 2.8.3.1 Baltic Sea Baltic Sea Baltic Sea Unit). rent state of knowledge does not indicate any For seabirds, all findings to date indicate that the significant differences between the individual site O-1.3 is of medium importance. Area O-1, in areas and zones. It is also not possible at which the area is located, has a medium overall present to draw any final conclusion about a pos- seabird occurrence and also only a medium oc- sible decrease in migratory intensity with increa- currence of endangered species and species re- sing distance from the coast. Consequently, the quiring special protection (section 2.9.3.1 Baltic protection status of migratory birds is no longer Sea Terminal). With regard to migratory birds, taken into account when comparing the areas in the area of the O-1.3 site is of average im- the North Sea that have been designated and portance for migrating waterfowl, and of average those under examination. The same applies to to above-average importance for night migra- fish, for which the importance of the areas and tors. A differentiated consideration is required for sites can only be described in general terms on migratory birds. Known main migration routes the basis of the available catch data and me- are undoubtedly of above-average importance. thods. The overview of species records by area The neighbouring areas of these main migration did not show any particular significance of a spe- routes such as the area O-1.3 are probably of cific area for the constant, common character average to above-average importance depen- species. ding on wind force and direction. In strong wes- terly winds, cranes may drift from the main mig- The result shows that the sites N-9.1 to N-9.4 as ration route into the area O-1 (Chapter 2.10.3.3 well as N-10.1 and N-10.2 represent a Baltic Sea sub-area). The route connecting site reasonable alternative to the area N-5.4 exa- O-1.3 runs in the EEZ outside protected areas mined in the (preliminary) drafts of the FEP and outside known occurrences of protected bi- 2019, at least in terms of the nature conservation otopes. There are indications of possible con- issues examined here. flicts with bird migration in the O-1.3 site, and the Baltic Sea suitability of the O-1.3 site is currently being re- The site O-1.3 in the Baltic Sea is located at a viewed. Based on the results of the SEA within distance of almost 10 km from the nearest pro- the framework of the suitability test, the need for tected area "Pomeranian Bay - Rönnebank". Ac- the establishment of guidelines to avoid a signi- cording to the current state of knowledge, the ficantly increased risk of collision for certain ty- benthic biocoenosis in the area of site O-1.3 is of pes of migratory birds is seen. medium importance overall (Section 2.6.3.1 Bal- The site under examination O-2.2 is located at a tic Sea Environmental Information). In the north- distance of 12 km from the nearest nature re- eastern area of site O-1.3, a residual sediment serve. The route connecting the area also runs area with coarser sediments and deposits of in the EEZ outside nature reserves and outside overgrown stones was identified. This suspected known occurrences of protected biotopes. The reef area was not confirmed in the course of the site O-2.2 has a low structural richness overall. suitability test. For harbour porpoises, the area No legally protected biotopes are expected to oc- of site O-1.3 is of medium to seasonal im- cur in this area (Section 2.5.4.1 Baltic Sea En- portance in the winter months. The importance vironmental Report). The area is of little signifi- results from the possible use by individuals of the cance for benthos. The predominant benthic Baltic Sea's separate and highly endangered species are predominantly composed of species harbour porpoise population. However, the area that regenerate rapidly (Section 2.6.3.1 Baltic is used irregularly by harbour porpoises for cros- Sea BU). According to current knowledge, the sing, staying and as a source of food (section area is used by harbour porpoises as a transit Investigated alternatives 53 area. On the basis of available information, it is site. Questions which cannot yet be conclusively currently possible to deduce that the O-2 area is assessed need to be discussed and clarified, for of medium to high importance for harbour por- example on the issue of bird migration and spe- poises. The seasonally high importance of the cies protection prohibitions (Article 44 of the Fe- area is due to the potential use of the separate deral Nature Conservation Act), so that the defi- and highly endangered Baltic Sea population of nition of the O-2.2 site will be further examined harbour porpoise by individuals during the winter within the framework of the continuation of the months (section 2.8.3.1 Baltic Sea BU). All fin- FEP.Alternative routes for gates N-IV and N-V dings to date indicate that the O-2 area is of mi- Alternative routes to Lower Saxony for gate N-II nor importance for seabirds. The area has a low (Norderney) were assessed for the NOR-7-2 occurrence of endangered species and species system, in addition to the route proposed in the requiring special protection (section 2.9.3.1 Bal- plan for gate N-IV/N-V. These are solely spatial tic Sea disaster area). Overall, the area of site O- variants as they do not represent an alternative 2.2 under review is of average to above-average in temporal terms. Please see the alternative as- importance for migrating waterbirds. In particu- sessment of NOR-3-2 and NOR-6-3 for NOR-7- lar, the baseline survey of the area south of O- 2 in the draft Site Development Plan in chap- 2.2 revealed a high number of common scoter ter 5.5.2. individuals. Thus, 8174 animals were counted in 2011. This means that approx. 1.5% of the bio- In BFO-N 2016/2017, instead of NOR-7-2, the geographic population passed through area O-2, connecting line NOR-5-2 led to boundary corri- which is of above-average importance for the dor Common Scoter migration. Most of the nocturnal N-V. Therefore, an alternative consideration of bird migration takes place across a wide front NOR-7-2 and NOR-5-2 for boundary corridor N- across the Baltic Sea. Due to the very high num- V is given here (see Fehler! Verweisquelle bers of expected individuals and the significant konnte nicht gefunden werden.). It should be proportion of endangered species, Area O-2.2 is noted that the specification of region N-5 and site of average to above-average importance for N-5.4 is still being assessed (see chapter Feh- night migration. ler! Verweisquelle konnte nicht gefunden werden.). A differentiated observation is necessary for crane migration. A total of 1231 migrating cranes Compared with the NOR-7-2 and NOR-5-2 were recorded in area O-2 during autumn migra- routes for boundary corridor N-V, a significantly tion in 2008, which corresponds to about 3.1% of higher number of crossings is required with ex- the resting population of Western Pomerania or isting or planned cables or pipelines for the 1.37% of the biogeographic population. The ma- NOR-7-2 route. However, it also appears that the jority of these birds may have been displaced by route from NOR-5-2 to gate N-V, at a distance of north-westerly winds from a flight path from 159 km, would be almost 70% longer than the southern Sweden to south-eastern Rügen. The NOR-7-2 route (94 km). Moreover, NOR-5-2 site O-2.2 is located close to known main migra- would run almost entirely within the nature con- tion routes and is therefore probably of average servation area and, in places, within or in the im- to above-average importance for bird migration, mediate vicinity of known section 30 biotope oc- depending on wind strength and direction (Chap- currences. Overall, therefore, the proposed ter 2.10.3.3 Baltic Sea Bird Area). Thus, in rela- NOR-7-2 alternative is expected to have less im- tion to migratory birds as a protected asset, es- pact on the marine environment than the route of pecially when viewed cumulatively, nature con- NOR-5-2. servation conflicts are discernible in the O-2.2 54 Figure 9: Alternative routes for gates N-IV and N-V. bypassing the sandbank. This concerns the ca- 9.3.3 Bypass sandbank Borkum reef ble routes of the NOR-6-3 and NOR-9-2. As only ground sites located west of gate N-II are connected via An alternative assessment is carried out for all the said cable routes, a route running west of cable systems running to boundary corridor N-II area N-2 via the sandbank is significantly shorter with regard to the routing of cables via the overall than a route running east of area N-2 (see Borkum Reef Ground sandbank, compared with 55 Table 6). type "reef" or outside known occurrences of the section 30 biotope type "Species-rich gravel, In the western route variant, the Borkum Reef coarse sand and shell layers" within the sand- Ground sandbank is crossed (see Figure 10: Al- bank. The routes in the Site Development Plan ternative routes for connecting sites ) – depend- west of area N-2 will be specified due to the sig- ing on the cable in question – over an average nificant additional length totalling 75 km when length of 10 km. However, the FFH habitat type bypassing the sandbank, and four additional "sandbank" is crossed outside the protected crossings required for the NOR-6-3 connection. area at the eastern spurs of the sandbank and outside known occurrences of the FFH habitat 56 Table 6: Comparison of the route lengths for the variants via the sandbank versus bypassing the Borkum Reef Ground sandbank. Variant via the sand- Variant bypassing the Difference bank sandbank Route length, EEZ NOR-6-3: 91 km NOR-6-3: 128 km NOR-6-3: 37 km NOR-9-2: 142 km NOR-9-2: 180 km NOR-9-2: 38 km Involvement of section yes No 30 biotopes (if known) Sandbank NOR-6-3: 10,0 km NOR-9-2: 9,2 km Figure 10: Alternative routes for connecting sites N-6.6, N-6.7, N-9.3 und N-9.4. 57 pole, which seems to be expedient with regard Technical alternatives to system stability at an increased transmission The standard concept for the connection in the power of 2,000 MW. If the design with metallic North Sea is a direct current system. The trans- return conductor is no longer planned within the mission voltage for the connection systems in framework of technical developments, this can zones 1 and 2 is 320 kV and for zone 3 525 kV. be introduced within the framework of an update Connection systems with a voltage of 525 kV of the FEP. have a standard transmission capacity of 2,000 For the connection of offshore wind farms via a MW. transformer platform to the converter platforms, In principle, the length of the line connecting an the 155 kV connection concept has so far been area or region to the grid connection point on provided for in the BFO-N. The definition of the land appears to be the decisive factor in the sel- 66 kV connection concept for the direct connec- ection of the appropriate transmission techno- tion of wind energy plants to the converter plat- logy for the grid connection of offshore wind form as a standard concept leads to savings of farms. For line lengths of more than 100 km, required space. This is due to the fact that trans- reactive power compensation facilities must be former platforms are no longer necessary and regularly provided for three-phase connections. can be saved, but a separate platform for main- The transmission losses also increase with the tenance and accommodation purposes of the length of the cable system. With HVDC transmis- offshore wind farms might be required. Depen- sion, these losses are significantly lower. For the ding on the spatial location of the future conver- North Sea EEZ, route lengths of more than 100 ter platform, there could also be a saving of sub- km are to be expected in the future, with increa- marine cables. sing distance from the coast also significantly The increase of the standard transmission vol- more. When using HVDC transmission, several tage of the HVDC transmission systems to 525 offshore wind farms or areas can be connected kV was consulted within the framework of the due to the relatively high system performance of FEP 2019 deployment procedure. On the basis the collective connection, in which an HVDC of the information now available, the availability transmission grid connection system - consisting of the technology (in particular submarine of a converter platform and a DC submarine cables) in 2029 can be estimated as realistic. Ac- cable system - is used. Compared to a connec- cording to the transmission system operators, tion using three-phase current technology, a sig- the space required for the transmission of 2,000 nificantly smaller number of cable systems is re- MW will increase and with it the size of the con- quired and the space required for the cable sys- verter platform, but only one instead of two plat- tems is thus reduced. Accordingly, the use of forms will be required to transmit the same three-phase current technology as transmission power. The significant increase in transmission technology in the North Sea EEZ is out of the capacity from 900 MW to 2,000 MW leads to a question. In the case of the direct current sub- significant reduction in the number of corridors marine cable systems with an increased trans- required. Against the background of the strong mission voltage of 525 kV, the bipolar version spatial restrictions on the routing of connecting with metallic return conductor is intended. In this lines on land, the increase in the standard trans- case, in addition to the two standard submarine mission capacity therefore appears sensible. DC cables, a third cable - the so-called metallic return conductor - must be installed in the The idea of a direct current grid is not yet techni- bundle. If one pole fails, such a design at least cally feasible. In this case, an alternating direc- allows continued operation with the remaining 58 tion in the offshore wind energy plants is dispen- sed with and a pure direct current grid at sea is established. With the help of DC-DC converters, the low DC voltage of the wind energy plants is raised to maximum voltage (e.g. 320 kV or 525 kV), e.g. on a platform for transport on land. Another concept to be considered would be the island like installation of several platforms to connect the wind farms in close proximity to each other in areas further away from the coast. This possibility has not currently reached a stage that justifies a more in-depth examination. This pos- sibility is therefore obviously still far away at present. Measures envisaged for monitoring the environmental impacts 59 10 Measures envisaged for phases of monitoring at the level of individual projects or clusters of projects developed in a monitoring the environ- spatial and temporal context. The assessment mental impacts will also cover the unforeseen significant effects of the implementation of the plan, the marine en- The potential significant effects on the environ- vironment and the review of the forecasts in the ment resulting from the implementation of the environmental report. In this context, in accord- plan are to be monitored in accordance with sec- ance with section 45 subsection 3 UVPG, the tion 45 UVPG. The aim is to identify unforeseen Federal Maritime and Hydrographic Agency will adverse effects at an early stage and take appro- ask the competent authorities for the monitoring priate remedial action. results available there; these are required for im- Accordingly, in accordance with section 40 sub- plementation of the monitoring activities. section 2 no. 9 UVPG, the environmental report Results from existing national and international is to specify the measures envisaged for moni- monitoring programmes must also be taken into toring the significant environmental effects of im- account, also with a view to preventing duplica- plementation of the plan. Monitoring is the re- tion of work. The monitoring of the conservation sponsibility of the Federal Maritime and Hydro- status of certain species and habitats required graphic Agency, which is the authority responsi- under Art. 11 of the Habitats Directive must also ble for strategic environmental assessment (see be included, as must the investigations to be car- section 45 subsection 2 UVPG). As intended by ried out in the context of the management plans Art. 10 subsection 2 of the SEA Directive and for the nature conservation areas "Sylt Outer section 45 subsection 5 UVPG, existing monitor- Reef – Eastern German Bight" and "Borkum ing mechanisms may be used to prevent dupli- Reef Ground". It will also provide links with the cation of monitoring work. According to section measures provided in the Marine Strategy 45 subsection 4 UVPG, the results of the moni- Framework Directive and the Water Framework toring activities are to be taken into account in Directive. the updating of the Site Development Plan. In summary, the planned measures for monitor- With regard to the planned monitoring activities, ing the potential effects of the plan can be sum- it should be noted that the actual monitoring of marised as follows: the potential effects on the marine environment can only begin when the Site Development Plan  Consolidation of data and information for the description and evaluation of the status of ar- is implemented, i.e. when the decisions made eas, factors and possible effects from the de- within the framework of the plan are imple- velopment of individual projects, mented. Nevertheless, the natural development  Development of suitable procedures and cri- of the marine environment, including climate teria for evaluation of the results from effect change, should not be disregarded when as- monitoring of individual projects, sessing the results of monitoring activities. How-  Development of procedures and criteria for ever, general research cannot be carried out evaluation of cumulative effects, within the framework of monitoring. Therefore,  Development of procedures and criteria for project-related monitoring of the effects of the forecasting possible effects of the plan in a uses regulated in the plan is of particular im- spatial and temporal context, portance.  Development of procedures and criteria for The main function of plan monitoring is to bring evaluating the plan and adapting or, where together and evaluate the results of different 60 Measures envisaged for monitoring the environmental impacts appropriate, optimising it as part of the up-  Data from monitoring activities as date, part of the implementation of the  Evaluation of measures to prevent and miti- Marine Strategy Framework Di- gate significant effects on the marine envi- rective, ronment,  Data from the monitoring of  Development of norms and standards. Natura 2000 sites,  Data provided by States from monitoring activities in coastal The following data and information are required waters, in order to assess the possible effects of the  Data from other authorities re- plan: sponsible for authorising uses at 1. Data and information available to the sea according to other legal ba- Federal Maritime and Hydrographic ses, such as the Federal Mining Agency within the scope of its responsi- Act, maritime traffic monitoring bility: (AIS), fisheries monitoring (VMS)  Data resources from previous EIS and monitoring of offshore pro- 3. Data and information from Federal and jects that are available to the Fed- State research projects, e.g.: eral Maritime and Hydrographic  HELBIRD / DIVER, Agency for review (according to the Offshore Installations Ordi-  Sediment EEZ nance), 4. Data and information from evaluations carried out within the scope of interna-  Data resources from the right of tional committees and conventions: subrogation (according to Wind- SeeG),  OSPAR  Data resources from the prelimi-  ASCOBANS nary investigations (according to  AEWA WindSeeG),  BirdLife International  Data resources from the con- struction and operation monitor- For reasons of practicability and appropriate im- ing of offshore wind farms and plementation of requirements from the strategic other uses environmental assessment, the Federal Mari-  Data from national monitoring, time and Hydrographic Agency will pursue an collected by or on behalf of the approach focusing on the interdisciplinary com- Federal Maritime and Hydro- pilation of information on the marine environ- graphic Agency, ment that is as ecosystem-oriented as possible  Data from Federal Maritime and when monitoring the possible effects of the plan. Hydrographic Agency research To be able to assess the causes of planned projects. changes in parts or individual elements of an ecosystem, the anthropogenic variables from 2. Data and information from the areas of spatial observation (e.g. technical information on responsibility of other Federal and State shipping traffic from AIS data resources) must authorities (on request): also be considered and included in the assess-  Data from national monitoring of ment. the North Sea and the Baltic Sea (formerly BLMP), Measures envisaged for monitoring the environmental impacts 61 When combining and evaluating the results from entire duration of the construction phase and for monitoring at project level and from other na- a period of between three and five years. No tional and international monitoring programmes, special monitoring is required during the operat- and from the accompanying research, it will be ing phase. necessary to review the gaps in knowledge and The Federal Maritime and Hydrographic Agency uncertain forecasts presented in the environ- implements many projects as part of its accom- mental report. This applies in particular to fore- panying research into the possible impacts of off- casts concerning assessment of significant ef- shore wind turbines on the marine environment. fects on the marine environment from the uses regulated in the Site Development Plan. The cu- The Federal Maritime and Hydrographic Agen- mulative effects of defined uses are to be as- cy's research projects directly related to the pos- sessed regionally and supraregionally. sible effects on factors and the development of norms and standards include the following: Monitoring of the potential ef-  Project ANKER "Approaches to cost re- fects of the areas and sites for duction in the surveying of monitoring offshore wind turbines data for offshore wind farms", FKZ The investigation of the potential environmental 0325921, with funding from the Federal effects of areas and sites for offshore wind en- Ministry for Economic Affairs and En- ergy is to be carried out at the secondary project ergy/PtJ, level, on the basis of the standard "Investigation  R&D study BeMo "Evaluation ap- of impacts of offshore wind turbines (StUK4)" proaches for underwater noise monitor- and in coordination with the Federal Maritime ing in connection with offshore licensing and Hydrographic Agency. The results from the procedures, regional development and investigations of the future offshore wind farm the Marine Strategy Framework Di- projects are to be used as a basis for assess- rective", with funding from the Federal ment of the locations with regard to the biological Ministry of Transport and Digital Infra- factors. Monitoring during construction of foun- structure/Federal Maritime and Hydro- dations by means of pile-driving work involves graphic Agency, measuring underwater noise and acoustic re-  R&D project "Sound mapping", with cordings of the effects of pile-driving noise on funding from the Federal Ministry of marine mammals using POD measuring instru- Transport and Digital Infrastructure/Fed- ments. Additional monitoring measures are also eral Maritime and Hydrographic Agency, planned in order to assess the effects of the  R&D cooperation, NavES "Eco-friendly stratification of the water under certain hydro- offshore developments", with funding graphic conditions on the propagation of pile- from the departmental research plan of driving noise in the Baltic Sea, and to allow fur- the Federal Ministry for the Environ- ther measures to be implemented if necessary. ment, Nature Conservation and Nuclear These measures may include additional noise Safety; several sub-projects belong to measurements coupled with CTD measure- NavES: ments at different water depths in order to detect o MultiBird, investigation of the col- possible changes in noise propagation attenua- lision risk of migratory birds, tion due to stratification of the water body. o ProBird, forecast of migratory bird activity, Investigations are required for all factors in ac- o ERa, field report on pile-driving cordance with the requirements of StUK4 for the noise, 62 Measures envisaged for monitoring the environmental impacts o Schall [Noise] I and II, develop- topes that are protected in accordance with sec- ment of a specialist information system tion 30 of the Federal Nature Conservation Act for underwater noise, must also be examined in terms of spatial delim- o Schall [Noise] I and II, evaluation itation in accordance with the current mapping of underwater noise measurements. instructions from the Federal Agency for Nature Conservation. The measures implemented to date include de- velopment of measurement regulations for After the cable system has been laid, its position measuring underwater noise (2011), develop- must be indicated annually to the licensing au- ment of measurement regulations for determin- thority during the first five years of operation, in ing the effectiveness of noise mitigation systems accordance with current licensing practice, by (2013), and cooperation on the development of implementing at least one survey of the depth of ISO 18406:17 and DIN SPEC 45653. the system. The number of surveys in subse- quent years is determined by the licensing au- The results from ongoing Federal Maritime and thority on a case-by-case basis. Investigations Hydrographic Agency projects will be directly in- with regard to the marine environment are to be corporated into the further development of carried out in coordination with the licensing au- standards, such as the development of StUK5. thority on a project-specific basis. The investiga- Monitoring of potential effects of tion methods are to be presented, as far as pos- sible, as described in the "Standard – Investiga- platforms tion of the impacts of offshore wind turbines on The same monitoring measures as stated in the marine environment (StUK4)". Investigations Fehler! Verweisquelle konnte nicht gefunden of the benthic communities on the same tran- werden. are to be applied to the platforms pro- sects as in the baseline survey are to be carried vided for in the Site Development Plan. out one year after commissioning of the subsea cable systems in order to examine possible ef- Monitoring of the potential ef- fects from the construction and operation fects of sea cables phases. The potential effects of subsea cable systems on In addition, measures are planned for monitoring the marine environment can only be assessed in the implementation of the plan. These will help specific projects. For the first time, StUK4 (stand- to verify established forecasts with regard to sig- ard examination concept 4) also includes mini- nificant effects of offshore wind energy and, mum requirements for investigation of subsea where necessary, to adapt utilisation strategies cable routes with regard to benthos, biotope and planned prevention and mitigation structure and biotopes during the baseline sur- measures, or to review assessment criteria, in vey and the operating phase of the subsea cable particular with regard to cumulative effects. systems. Thus, during the baseline survey, each biotope structure identified by sediment surveys New findings from the environmental impact along the cable route must be documented with studies and the joint evaluation of research and at least three transverse transects for the benthic EIS data will be used as part of the strategic en- surveys. Additional transverse transects must vironmental assessment for the plan (see chap- also be defined at the start and end points of the ter Fehler! Verweisquelle konnte nicht gefun- den werden.). Joint evaluation of research and route. In turn, each transverse transect consists of five stations. Identified suspected sites of bio- EIS data will also allow products to be developed that provide a better overview of the distribution of biological factors in the EEZ. Consolidation of Measures envisaged for monitoring the environmental impacts 63 information is leading to an increasingly solid ba- sis for impact forecasting. In general, the intention is to ensure that data from research, projects and monitoring is con- sistent and make this available for competent evaluation. In particular, attempts should be made to create common overview products in or- der to review the effects of the plan. The existing geodata infrastructure at the Federal Maritime and Hydrographic Agency, which includes data from physics, chemistry, geology, biology and uses of the sea, will be used as a basis for con- solidating and evaluating ecologically relevant data and will be further developed accordingly. With regard to the consolidation and archiving of ecologically relevant data from project-related monitoring activities and accompanying re- search, it is specifically provided that data col- lected within the scope of accompanying ecolog- ical research will also be consolidated at the Federal Maritime and Hydrographic Agency and archived on a long-term basis. The Federal Mar- itime and Hydrographic Agency is already col- lecting and archiving the data on biological fac- tors from the baseline surveys of offshore wind energy projects and the monitoring of construc- tion and operating phases in the MARLIN (MarineLife Investigator), a specialist information network for environmental assessments. 64 Non-technical summary 11 Non-technical summary The FEP has the character of a sectoral plan. As an important control instrument, the sectoral Subject and occasion plan is designed to plan the use of offshore wind In accordance with sections 4 et seq. of the Wind energy in a targeted and as optimal as possible Energy at Sea Act (WindSeeG), the BSH pre- by defining areas and sites as well as sites, route pares a site development plan (FEP) in agree- and route corridors for grid connections or for ment with the Federal Network Agency and in cross-border submarine cable systems. coordination with the Federal Agency for Nature The FEP contains provisions for the expansion Conservation, the Directorate-General for Wa- of offshore wind energy plants and the offshore terways and Shipping and the coastal Länder. connection lines required for this purpose for the The FEP was first drawn up in 2018 and 2019 period from 2026 to at least 2030 with the aim of and was published on 28 June 2019 and is cur-  to achieve the expansion target under § 4 rently being updated. When the FEP was drawn No. 2b of the EEG, up, a detailed environmental assessment was  expand electricity generation from offshore carried out in accordance with the Environmental wind turbines in a spatially ordered and Impact Assessment Act (UVPG), the so-called space-saving manner, and Strategic Environmental Assessment (SEA).  to ensure the orderly and efficient use and The environmental reports were also published utilisation of offshore connecting lines and to on 28.06.2019. The performance of a Strategic plan, construct, commission and use offs- Environmental Assessment with the preparation hore connecting lines in parallel with the ex- of an environmental report is based on § 35 para. pansion of electricity generation from wind 1 no. 1 UVPG in conjunction with No. 1.17 of An- turbines at sea. nex 5, as site development plans are subject to the SEA obligation under Article 5 WindSeeG. In Within the framework of the central model, the principle, this also applies if the FEP is updated FEP is the control instrument for the orderly ex- or amended. pansion of offshore wind energy in a staged planning process. The FEP SEA is linked to up- The SEA for the FEP 2019 does not formally in- stream and downstream environmental assess- clude new areas and the definition of new areas ments. The FEP is classified as sectoral plan- or other energy production areas. Thus, a strate- ning after the superordinate MRO. In the next gic environmental assessment must be carried step, the areas for offshore wind energy plants out for the definitions that have not yet been re- defined in the FEP are pre-examined. If the viewed, as it is in any case not possible to rule suitability of a site for the use of offshore wind out the possibility of anticipated significant en- energy is determined, the site is put out to tender vironmental impacts. Insofar as new findings on and the winning bidder can submit an application existing provisions are available and relevant, for approval (plan approval or plan permit) for the these will also be taken into account. construction and operation of wind energy plants The main document of the Strategic Environ- on the site. There is no preliminary investigation mental Assessment is the present Environmen- for the defined platform sites and cable routes. tal Report. It identifies, describes and assesses In view of the character of the FEP as a control- the likely significant effects that the implementa- ling planning instrument, the depth of the inves- tion of the FEP will have on the environment and tigation of presumably significant environmental possible planning alternatives, taking into ac- impacts is characterised by a greater investiga- count the essential purposes of the plan. tion breadth and, in principle, a lower investiga- tion depth. As with the MSP instrument, the Non-technical summary 65 focus of the assessment is on the evaluation of The assessment of the likely significant environ- cumulative effects and the examination of alter- mental effects of the implementation of the FEP natives. includes secondary, cumulative, synergistic, short-, medium- and long-term, permanent and The establishment, updating and amendment of temporary, positive and negative effects in terms the FEP and the implementation of the SEA will of the goods to be protected. A detailed descrip- be carried out with due regard for the objectives tion and assessment of the state of the environ- of environmental protection. These provide infor- ment is the basis for the assessment of possible mation on the environmental status that is to be effects. The SEA has been carried out with re- achieved in the future (environmental quality ob- gard to the following protected assets: jectives). The objectives of environmental pro- tection can be seen in an overall view of the in-  Area ternational, Community and national conven- tions and regulations which deal with marine en-  Floor vironmental protection and on the basis of which  Water the Federal Republic of Germany has committed itself to certain principles and objectives.  Plankton Strategic Environmental Assessment metho-  Biotope types dology  Benthos In the present environmental report, the metho-  Fish dology of the SEA of the Federal Sectoral Plans Offshore (BFO), which has already been used as  Marine mammals a basis, is built on and further developed with a  Avifauna view to the additional specifications made in the FEP that go beyond the BFO.  bats The methodology is based primarily on the pro-  Biological diversity visions of the plan to be examined. Within the  Air framework of this SEA, it is determined, descri- bed and evaluated for each of the specifications  Climate whether the specifications are likely to have sig-  Landscape nificant impacts on the objects of protection con- cerned. The subject matter of the environmental  cultural heritage and other tangible assets report corresponds to the specifications of the  people, in particular human health FEP as listed in Article 5 para 1 WindSeeG.  Interactions between protected goods However, it is not so much the specifications in terms of time as the chronological order of the call for tenders or the calendar years of commis- The description and assessment of the likely sig- sioning that are relevant here, since these do not nificant environmental impacts is carried out se- cause any further environmental impacts com- parately for areas and land, platforms and sub- pared to the spatial specifications. Although marine cable systems. Furthermore, where ne- some planning and engineering principles serve, cessary, a differentiation is made according to among other things, to reduce environmental im- different technical designs. The description and pacts, they may also lead to impacts themselves, assessment of the probable significant impacts so that an assessment is required. of the implementation of the FEP on the marine 66 Non-technical summary environment also refers to the protected assets of offshore wind energy installations to be instal- described. All plan contents which may potenti- led is to be specified in the FEP for the areas or ally have significant environmental impacts are specifically for the areas. Although one or more examined. layouts for offshore wind farm planning are not taken as a basis for determining the expected in- The effects of construction and dismantling as stalled capacity, certain parameters such as well as the effects of plant and operating conditi- number of turbines, hub height, height of the lo- ons are considered. In addition, effects that may wer rotor tip, rotor diameter, total height, diame- arise in the course of maintenance and repair ter of foundation types and scour protection are work are also taken into account. This is followed assumed in this SEA for a consideration related by a description of possible interactions, a to the protection of the environment. consideration of possible cumulative effects and potential cross-border impacts. Also, when examining the sites for platforms, certain parameters are taken as a basis, such as An assessment of the impacts caused by the FE- the number of platforms or the length of the P's specifications is carried out on the basis of park's internal cabling. When determining routes the status description and status assessment and route corridors for submarine cable systems, and the function and significance of the indivi- certain widths of the cable trench and the num- dual areas, sites and routes for the individual ob- ber and area of the crossing structures and con- jects of protection on the one hand, and the im- verter platforms are assumed. pacts emanating from these specifications and the resulting potential impacts on the other. A fo- According to § 5 Para. 2a WindSeeG, the FEP recast of the project-related impacts when the can also make specifications for "other energy FEP is implemented is based on the criteria of production areas" for a total of 40 to 70 km². Pur- intensity, scope and duration of the effects. suant to § 3 No. 8 WindSeeG, another energy production area is an area outside areas where Within the framework of the impact prognosis, offshore wind energy turbines and other energy specific framework parameters for areas and si- production facilities can be erected in a spatial tes, for platform locations and for cable routes context. The installations may not be connected are used as a basis for evaluation. Although no to the public grid. In the North Sea EEZ, the for- wind farm layouts are specified in the FEP to de- mer area N-8.4 is designated in the FEP 2020 as termine the expected installed capacity, certain another energy production area (SEN-1). In the parameters are assumed in the SEA for the framework of the Strategic Environmental As- consideration of the protected areas. In order to sessment, a "classical" offshore wind farm is as- depict the spectrum of possible (realistic) deve- sumed on the basis of the existing knowledge re- lopments, the assessment is essentially based garding electricity generation. Additional en- on a range of individual parameters. This enab- vironmental impacts are highly dependent on the les the most comprehensive possible description respective use variant and will therefore be com- and assessment of the current planning status prehensively assessed at approval level. In this with regard to the protected interests. respect, the SEA for the other areas of energy With regard to the areas, a total of 13 areas are generation is carried out in the same way as the assumed to be worst-case scenarios, irrespec- assessment of areas for offshore wind energy. tive of the concrete definition in the plan and the Benthos probability of realisation. In accordance with § 5 para. 1 no. 5 WindSeeG, the expected capacity The EEZ of the North Sea is not of major im- portance in terms of the species inventory of Non-technical summary 67 benthic organisms. Nor do the benthic communi- Benthic habitats are directly overbuilt in the area ties identified show any special features, as they of necessary stone fills for cable crossings. The are typical of the North Sea EEZ due to the pre- resulting habitat loss is permanent but small- dominant sediments. Investigations of macro- scale. A non-native hard substrate is created, zoobenthos within the framework of the licensing which can cause changes in the species compo- procedures for offshore wind farms and from sition on a small scale. AWI projects from 1997 to 2014 have revealed Due to operational conditions, a warming of the communities typical of the German North Sea. uppermost sediment layer of the seabed can oc- The species inventory found and the number of cur directly above the cable system. If the cable Red List species indicate an average importance is laid at sufficient depth and taking into account of the study area for benthic organisms. that the effects will occur on a small scale, no Deep foundations of wind turbines and platforms significant impacts on benthic communities are cause disturbances of the seabed, sediment tur- expected according to current knowledge. With bulence and the formation of turbidity plumes. the planning principle for sediment warming, the The resuspension of sediment and the subse- FEP stipulates that the 2 K criterion must be met. quent sedimentation can lead to an impairment According to the BfN, this precautionary value or damage of the benthos in the immediate vi- ensures with sufficient probability, based on cur- cinity of the foundations for the duration of rent knowledge, that significant negative impacts construction activities. However, due to the of cable heating on the marine environment will prevailing sediment composition, these impair- be avoided. ments will only have a small-scale effect and are As things stand at present, the planned conver- limited in time. As a rule, the concentration of the ter platforms and submarine cable routes are not suspended material decreases very quickly with expected to have any significant impacts on the removal. Depending on the plant, changes in benthic material to be protected if the 2 K crite- species composition may occur due to local land rion is met. The ecological impacts are small- sealing and the introduction of hard substrates in scale and mostly short-term. the immediate vicinity of the structures. Biotope types Due to the laying of the submarine cable sys- tems, only small-scale and short-term distur- Possible impacts of converter platforms and sub- bances of the benthos by sediment upheavals marine cables on protected biotopes may result and turbidity plumes in the area of the cable from direct use of these biotopes, their covering route are also to be expected. Possible effects by sedimentation of material released during on the benthos depend on the installation me- construction, or potential habitat changes. thods used. With the comparatively gentle instal- Due to the predominant sediment composition, lation using the flushing method, only minor dis- impairments caused by overburdening are likely turbances of the benthos in the area of the cable to be small-scale and temporary, as the released route are to be expected. Local sediment shifts sediment will settle quickly. Permanent habitat and turbidity plumes are to be expected for the changes are limited to the immediate area of duration of laying the submarine cable systems. foundations and crossing structures for cable Due to the predominant sediment composition in crossings. Required cable crossings are secured the North Sea EEZ, most of the sediment relea- with a stone fill which permanently represents a sed will settle directly at the construction site or hard substrate unfamiliar to the site. This provi- in its immediate vicinity. des new habitats for benthic organisms that love hard substrates and can lead to a change in the 68 Non-technical summary species composition. These small-scale habitat cable systems, the fish fauna may be temporarily changes are not expected to have any significant impaired in small areas by sediment turbulence impact on the protected habitat types. In addi- and the formation of turbidity plumes. Due to the tion, the risk of negative impacts on the benthic prevailing sediment and current conditions, the soft soil community by species untypical of the turbidity of the water is expected to decrease ra- area is low, since it is highly likely that the spe- pidly. Based on current knowledge, the impair- cies will be recruited from natural hard substrate ments will therefore remain small-scale and tem- habitats. porary. Overall, small-scale impacts on adult fish can be expected to be minimal. In addition, the Permanent habitat changes are limited to the im- fish fauna is adapted to the natural sediment up- mediate vicinity of foundations and rock fills, heavals caused by storms that are typical for this which are required in the case of cable laying on area. Furthermore, during the construction the seabed and cable crossings. Stone rubble phase, fish may be temporarily frightened away permanently represents a hard substrate that is by noise and vibrations. Noise during the foreign to the site. This provides new habitats for construction phase must be reduced by approp- benthic organisms and can lead to a change in riate measures. Further local impacts on the fish the species composition. These small-scale fauna may be caused by the additional hard sub- areas are not expected to have any significant strates introduced as a result of possible chan- impact on the protected biotope types. In addi- ges in benthos. Sediment warming and magnetic tion, the risk of a negative impact on the benthic fields that could emanate from submarine cables soft soil community by species untypical of the are also not expected to have any lasting effects area is low, since it is highly likely that the spe- on mobile fish fauna. cies will be recruited from natural hard substrate habitats. Marine mammals Fish According to the current state of knowledge, it can be assumed that the German EEZ is used The fish fauna shows a typical species composi- by harbour porpoises for traversing, staying and tion in the areas and areas, converter platforms also as a food and area-specific breeding and sea cable routes. In all areas, the demersal ground. On the basis of the available informa- fish community is dominated by flatfish, which is tion, it can be concluded that the EEZ is of me- typical for the German Bight. According to cur- dium to high importance for harbour porpoises in rent knowledge, the areas and sites do not re- certain areas. The use of the EEZ varies in the present a preferred habitat for any of the protec- various sub-areas. This also applies to harbour ted fish species. As a result, the fish stock in the seals and grey seals. Areas 1, 2 and 3 are of planning area is not ecologically significant in medium to high importance for harbour porpoi- comparison with neighbouring marine areas. Ac- ses (seasonally in spring) and low to medium im- cording to current knowledge, the planned portance for grey seals and harbour seals. Area construction of wind farms and the associated 4 is located in the identified main concentration converter platforms and submarine cable routes area of harbour porpoise in the German Bight is not expected to have a significant impact on during the summer months and is therefore of the protected fish species. The effects on the fish high importance. For harbour seals and grey se- fauna from the construction of the wind farms, als, Area 4 is of medium importance. The areas converter platforms and submarine cable sys- of Area 5 are located in a large area which is tems are limited in space and time. During the used both as a feeding and breeding area for construction phase of the foundations, the con- verter platforms and the laying of the submarine Non-technical summary 69 harbour porpoises - even though the main con- no marine mammals are present in the vicinity of centration area is located within Area I of the na- the pile-driving site. ture reserve "Sylt Outer Reef - Eastern German Current technical developments in the field of re- Bight". In general, it can be assumed that area 5 ducing underwater noise show that the effects of is of great importance for harbour porpoises. For noise input on marine mammals can be signifi- harbour seals and grey seals, Area 5 is of me- cantly reduced by the application of appropriate dium importance. Areas 6 to 11 are of medium measures. In addition, the BMUB noise abate- importance for harbour porpoises. However, ment concept has been in force since 2013. Ac- parts of area 11 and area 13 are intensively used cording to the noise abatement concept, pile dri- by harbour porpoises as a feeding ground in ving activities must be coordinated in such a way summer. They are located in the immediate vi- that sufficiently large areas, especially within the cinity of the contiguous main concentration area protected areas and the main distribution area of of harbour porpoise in the German Bight and are harbour porpoise in the summer months, are therefore of great importance for harbour porpoi- kept free of impacts caused by impact noise. Ac- ses in the summer months. For harbour seals cording to current knowledge, significant effects and grey seals, areas 6 to 13 are of minor im- on marine mammals caused by the operation of portance. This assessment of importance for offshore wind turbines and converter platforms marine mammals remains unchanged even if the can be excluded. plan as amended by the extension of areas N-9, N-10, N12 and N-13 is implemented. The FEP's exclusion of the construction of offs- hore wind turbines and converter platforms in Hazards to marine mammals can be caused by Natura 2000 sites contributes to reducing the risk noise emissions during pile driving of the foun- to harbour porpoises in important feeding and dations of offshore wind turbines and converter breeding areas. platforms. Without the use of noise abatement measures, significant disturbance to marine After implementation of the reduction measures mammals during pile driving could not be to be ordered in the individual procedure to com- excluded. In the specific approval procedure, ply with applicable noise protection values in ac- therefore, the driving of piles of offshore wind tur- cordance with the planning principle, no signifi- bines and converter platforms will only be per- cant adverse effects on marine mammals are mitted if effective noise-reduction measures are currently to be expected from the construction used. For this purpose, the FEP makes a textual and operation of the planned offshore wind turbi- stipulation with the principle of noise reduction. nes and converter platforms. No significant im- pacts on marine mammals are expected from the This states that the installation of the foundations laying and operation of submarine cable sys- must be carried out using effective noise reduc- tems. This impact assessment remains unchan- tion measures to comply with applicable noise ged for marine mammals even if the plan as protection values. In the specific approval proce- amended by the extension of areas N-9, N-10, dure, extensive noise reduction measures and N12 and N-13 is implemented, subject to the pre- monitoring measures are ordered to comply with vention and mitigation measures laid down in the applicable noise protection values (sound event downstream procedures. level (SEL) of 160 dB re 1µPa²s and maximum peak level of 190 dB re 1µPa at a distance of 750 Seabirds and resting birds m around the pile driving or placement site). Ap- The different areas for offshore wind energy in propriate measures must be taken to ensure that the North Sea EEZ are of different importance for sea birds and resting birds. For breeding 70 Non-technical summary birds, the areas have no particular importance the necessary safety. A possible collision risk due to the distance from the coast and the is- from construction vehicles can be classified as lands with breeding colonies as feeding grounds. very low due to the short-term nature of the Protected bird species listed in Annex I of the construction phase. Birds Directive are found in the vicinity of the si- Migratory birds tes in varying densities. All available information indicates that areas N-1, N-2 and N-3 are of me- The North Sea EEZ has an average to above dium importance for seabirds, including species average importance for bird migration. It is ex- listed in Annex I of the Directive. Although area pected that significant proportions of the song- N-4 is of medium importance for most species of birds breeding in northern Europe migrate seabirds and resting birds, loons occur in high across the North Sea. No specific migratory cor- densities in the north-west of the area in spring. ridors can be identified for any migratory bird Because of its location within the main concent- species in the area of the North Sea EEZ, as bird ration area of loons, the N-4 area is of high im- migration is either guideline-oriented and takes portance. Area N-5 has a high concentration of place close to the coast or in an unspecified seabird species, in particular protected species broad-fronted migration across the North Sea. of Annex I of the Directive, such as sturgeon- There are indications that the intensity of migra- sensitive loons. The N-5 area is located in the tion decreases with distance from the coast, but main distribution area of loons in the German this is not clear for the mass of songbirds migra- Bight and is therefore of great importance for se- ting at night. abirds (BMU 2009). The potential impact of the planned areas and The area of the N-6 to N-13 zones is outside the platforms on migratory birds may be that they concentrations of various bird species listed in constitute a barrier or a risk of collision. In the Annex I of the directive, such as loons, terns, clear weather conditions preferred by birds for little gulls and petrels. their migration, the probability of collision with a wind turbine or platform is low. Poor weather Direct disruptions during the construction phase conditions increase the risk. On the basis of cur- due to scare effects are to be expected at most rent knowledge, it is unlikely that there will be a locally and temporarily. Due to the high mobility significant impact on bird migration. It can be as- of the birds, significant effects can be ruled out sumed that any negative effects can be reduced with a high degree of certainty. Wind turbines will by lighting that is as compatible as possible have a permanent disturbing and chasing effect during operation. Potential cumulative effects on species sensitive to disturbance such as red- are dealt with in the chapter on "cumulative throated and black-throated divers. Current fin- effects". dings show a more pronounced avoidance beha- viour of loons towards existing wind farms than During the construction phase, which is limited in was originally anticipated. There are no findings time, no significant impacts on migratory birds on habituation effects to date. are to be expected either from the construction of the planned offshore wind turbines or conver- Due to the exclusionary effect of wind turbines ter platforms or from the laying of the planned and platforms in nature reserves, habitat losses submarine cable systems, according to current in important habitats will be reduced. knowledge. A possible collision risk from The effects of the planned submarine cable sys- construction vehicles can be classified as very tems on sea birds and resting birds due to instal- low due to the short-term nature of the construc- lation, plant and operation can be excluded with tion phase. Non-technical summary 71 bats in a region. Possible impacts on biodiversity are dealt with in the environmental report for the in- Migratory movements of bats across the North dividual protected assets. In summary, accord- Sea are still poorly documented and largely un- ing to current knowledge, the planned expansion explored. There is a lack of concrete information of offshore wind energy and the corresponding on migratory species, migration corridors, migra- grid connections is not expected to have a signi- tion heights and migration concentrations. Previ- ficant impact on biological diversity. ous findings merely confirm that bats, especially long-distance migratory species, fly over the Interactions North Sea. In general, impacts on a protected good lead to Hazards to individual individuals from collisions various consequences and interactions between with wind turbines and platforms cannot be ruled the protected goods. The essential interdepen- out. According to the current state of knowledge, dence of the biotic objects of protection exists via there are no findings on possible significant im- the food chains. Possible interactions during the pairments of the bat migration over the North construction phase result from sediment shifting Sea EEZ. It can also be assumed that any ad- and turbidity plumes, as well as noise emissions. verse effects on bats can be avoided by the However, these interactions occur only very same prevention and mitigation measures used briefly and are limited to a few days or weeks. to protect bird migration. Impacts on bats from Plant-related interactions, e.g. through the intro- the laying and operation of the planned subma- duction of hard substrate, are permanent, but rine cable systems can be excluded with only locally to be expected. This could lead to a certainty. small-scale change in the food supply. Air quality Due to the variability of the habitat, interactions The construction and operation of the platforms can only be described in a very imprecise man- and the laying of submarine cable systems as ner overall. In principle, it can be stated that, ac- part of the implementation of the FEP will have cording to the current state of knowledge, no in- no measurable impact on air quality. teractions are discernible that could result in a threat to the marine environment. Biological diversity Cumulative effects Biological diversity encompasses the diversity of habitats and biotic communities, the diversity of Soil, benthos and biotope types species and genetic diversity within species (Art. A significant proportion of the environmental im- 2 Convention on Biological Diversity, 1992). The pacts caused by the areas and surfaces, plat- public focus is on species diversity. forms and submarine cable systems on the pro- With regard to the current state of biodiversity in tected assets soil, benthos and biotope types will the North Sea, there is ample evidence of chan- occur exclusively during the construction period ges in biodiversity and species composition at all (formation of turbidity plumes, sediment shifting, systematic and trophic levels in the North Sea. etc.) and on a spatially narrowly defined area. These are mainly due to human activities, such Particularly due to the gradual implementation of as fishing and marine pollution, or to climate the construction projects, construction-related change. Red lists of endangered animal and cumulative environmental impacts are unlikely. plant species have an important monitoring and Possible cumulative impacts on the seabed, warning function in this context, as they show the which could also have a direct impact on the status of the populations of species and biotopes benthic material to be protected and on specially 72 Non-technical summary protected biotopes, result from the permanent di- transition system, assuming that no installations rect land use of the foundations of the wind of the dimension of Scenario 2 are yet realised energy plants and platforms and from the cable in the transition system. The calculation of the systems laid. The individual impacts are basi- loss of function due to the in-farm cabling was cally small-scale and local. carried out in accordance with the reported capa- city, assuming a 1 m wide cable trench. On the To estimate direct land use, a rough calculation basis of this conservative estimate, the FEP de- is made on the basis of the areas and sites, plat- finitions, plans within the framework of the tran- forms and submarine cable systems planned in sitional system and the existing systems will re- the RDP in conjunction with existing installations quire approx. 315 ha of space for the areas and and planning under the transitional system. The sites or, in the case of the park internal cabling, calculated land use is based on ecological as- will be temporarily impaired. pects, i.e. the calculation is based on the direct ecological loss of function or the possible struc- On the basis of a model assumption, the plan- tural change in the area caused by the installa- ning of the FEP and the transitional system, as tion of the foundations and cable systems. In the well as the actual stock of wind turbines, subma- area of the cable trench, however, the impact on rine cables, rockfill and platforms, occupy or, in sediment and benthic organisms will be essenti- the case of submarine cables, temporarily impair ally temporary. In the case of the crossing of par- a total area of approx. 686 ha, which corres- ticularly sensitive biotope types such as reefs or ponds to approx. 0.25‰ of the total EEZ area. species-rich gravel, coarse sand and schill beds, The nature reserves account for a total area of permanent impairment would have to be assu- around 27% of the North Sea EEZ. As the med. construction of wind energy plants and converter platforms in nature reserves is generally not per- According to a model assumption, there is a mitted, the spatial use of the protected areas is mostly temporary loss of function on an area of limited to submarine cable routes and crossing about 335 ha due to existing cables, cables in structures and the exceptional case of Buten- the transition system and the submarine cable diek. No statement can be made on the use of systems provided for in the FEP. The calculation specially protected biotopes under Article 30 is based on the assumption of a cable trench of BNatSchG due to the lack of a reliable scientific 1 m width. To this must be added the necessary basis. A detailed, comprehensive sediment and crossing structures. Based on an area of approx. biotope mapping of the EEZs currently being car- 900 m² per crossing structure, the direct land use ried out will provide a more reliable basis for fu- of approx. 400 crossing structures amounts to a ture assessments. total of approx. 36 ha. In addition, there is a total of 0.96 ha of land taken up by 16 converter plat- In addition to the direct use of the seabed and forms with associated scour protection (600 m² thus of the habitat of the organisms that have per platform). The FEP definitions in the areas settled there, the foundations and crossing struc- were based on a conservative estimate of the tures lead to an additional supply of hard sub- parameters of scenario 2 of the model wind farm strate. The hard substrate introduced also me- (number of turbines calculated according to the ans that the benthic fauna adapted to soft soils stated output, diameter of the foundation and di- loses habitat. However, since both the grid infra- ameter of any scour protection required, number structure and the wind farms will use up the area of platforms). In contrast, the model wind farm ‰, no significant impairments are to be expected parameters of Scenario 1 were used for the cal- in the cumulative area, even in the cumulation, culation of land use within the framework of the Non-technical summary 73 which would endanger the marine environment species in sub-area II of the nature reserve "Sylt in terms of the seabed and benthos. Outer Reef - Eastern German Bight" and species for which avoidance behaviour towards struc- Marine mammals tures has already been established must be Cumulative effects on marine mammals, in par- considered with regard to cumulative effects. ticular harbour porpoises, may occur mainly due When assessing the cumulative effects of the re- to noise exposure during pile driving of the foun- alisation of offshore wind farms, special attention dations. For example, these assets could be sig- must be paid to the group of loons, with the end- nificantly affected by the fact that, if pile-driving angered and at the same time disturbance-sen- takes place simultaneously at different locations sitive species of red-throated and black-throated within the EEZ, there may not be sufficient space divers. GARTHE & HÜPPOP (2004) certify that di- to evade and retreat. So far, there is a lack of vers are very sensitive to structures. For the sufficient experience regarding the temporal and consideration of cumulative effects, both neigh- spatial overlap in the propagation of ramming bouring wind farms and those located in the noise. same coherent functional spatial unit defined by Cumulative effects of the FEP on the population physically and biologically significant charac- of harbour porpoise are considered in ac- teristics for a species should be taken into ac- cordance with the requirements of the BMUB's count. In addition to the structures themselves, 2013 noise abatement concept. Pile driving acti- impacts from shipping traffic (including for the vities that have the potential to cause distur- operation and maintenance of cables and plat- bances due to noise inputs in the main concent- forms) must also be taken into account. Recent ration area of harbour porpoise during the sensi- findings from studies confirm the scare effect on tive season are coordinated in such a way that divers caused by ships. Star divers and black- the proportion of the affected area remains be- throated divers are among the most sensitive low 1% at all times. bird species in the German North Sea to ship- It is also clear from the FEP's presentations that ping traffic (MENDEL et al. 2019, FLIESSBACH et the grid connection systems and the individual al. 2019, BURGER et al. 2019). offshore wind farms will be built gradually, i.e. in Until 2007, the assessment of cumulative effects stages, over the coming years, rather than simul- on divers caused by offshore wind farms was taneously. carried out in BSH's approval practice on the ba- Seabirds and resting birds sis of quantitative criteria and taking into account the state of knowledge at the time. In order to Effects are considered site- and project-specifi- assess the significance of this quantitatively as- cally in the environmental impact assessment sumed effect and to be able to answer the ques- and are monitored in the subsequent monitoring tion of the existence of the reason for the failure of the construction and operation phase of offs- to protect the marine environment, population bi- hore wind farm projects. For resting birds, habitat ological limit values and a suitable relevant refe- loss due to cumulative effects of several struc- rence value for such a limit value were defined. tures or offshore wind farms can be particularly In the literature, it has been suggested for birds significant. that an intervention should be considered inad- In order to assess the significance of cumulative missible if 1% of the biogeographical population effects on seabirds, any effects must be asses- is affected by habitat loss. Reference is made to sed on a species-specific basis. In particular, criteria of the 1971 Ramsar Convention on the species listed in Annex I of the Birds Directive, 74 Non-technical summary Evaluation of Waterbird Resting Areas, accord- wind farm "Horns Rev I" in 2006 provided an op- ing to which a resting area is of international im- portunity to review the assessment of cumulative portance if it hosts 1% of the biogeographical po- effects in the light of the new findings. The inves- pulation of a waterbird species at least once a tigations showed that avoidance effects on loons year (DIERSCHKE et al. 2003). up to 4 km from the wind farm were detectable and significant (PETERSEN et al.2006). This 1% criterion can also be found in the classi- fication of Important Bird Areas (IBA). An area is The extensive data base from German marine called IBA by Birdlife International if it contains areas, consisting of environmental impact stu- more than 1% of the biogeographical population dies, research and monitoring, which was al- (HEATH AND EVANS 2000). However, this 1% ready available in 2007, and the findings from threshold value of the Ramsar Convention can- the Danish wind farm were evaluated in a scien- not be derived from population biology when it tific study. On the basis of the new findings of this comes to assessing the significance of interven- study, it was possible to identify and delimit a tions or disturbances (DIERSCHKE et al. 2003). main concentration area for loons in the German Since the Ramsar Convention uses the 1% cri- North Sea EEZ. terion to assess the significance of a wetland, it The main concentration area takes into account does not appear to be technically and scientifi- the period of particular importance for the spe- cally justifiable to apply this criterion to the as- cies, spring. On the basis of the data available at sessment of an intervention, due to the very dif- the time the main concentration area was defi- ferent intentions. ned in 2009, the main concentration area was Nevertheless, in approval practice until 2007, the home to around 66% of the German North Sea 1% criterion was considered at least suitable for loon population and around 83% of the EEZ po- approaching the quantification of an intervention pulation in spring and is therefore, among other in the absence of other reliable criteria. In order things, of particular importance in terms of popu- to take into account the ecological and functional lation biology (BMU 2009) and an important importance of the German EEZ for loons, the so- functional component of the marine environment called Northwest European Winter Resting Po- with regard to sea birds and resting birds. pulation (NW European Winter Resting Popula- Against the background of current stock assess- tion) was established in consultation with the Fe- ments, the importance of the main concentration deral Agency for Nature Conservation and ex- area for loons in the German North Sea and perts as the relevant reference population for as- within the EEZ has further increased (SCHWEM- sessing cumulative effects on divers. The size of MER et al. 2019). The delineation of the main this population is 110,000 individuals (LEOPOLD concentration area for loons is based on the data et al. 1995, SKOV et al. 1995). Applied to the NW situation, which is considered to be very good, European winter resting population, 1% of this and on expert analyses that have gained broad population corresponds to 1,100 individuals. scientific acceptance. The area includes all areas of very high and the majority of areas with Until 2007, the addition of the number of loons a high density of loons in the German Bight. The affected in the context of the calculation of cu- definition of the main concentration area of loons mulative effects also took into account the area in the German North Sea EEZ as part of BMU's of a project area including a 2 km fence distance. position paper (2009) is an important measure to However, the publication of the results from the ensure species protection of the sturgeon-sensi- operational monitoring of the Danish offshore tive species red-throated and black-throated di- ver. The BMU decreed that in future licensing Non-technical summary 75 procedures for offshore wind farms, the main comprehensively and jointly evaluate the exten- concentration area should be used as a bench- sive data basis from the operational monitoring mark for the cumulative assessment of diver ha- of offshore wind farms and from research and bitat loss. monitoring of Natura 2000 sites. The overall ob- jective of the contract was to assess the cumula- Since 2009, the BSH has carried out the qualita- tive effects of the operation of the offshore wind tive assessment of cumulative effects on loons farms on the occurrence of loons. Interim results within the framework of licensing procedures, u- of this study by FTZ were presented at the BSH's sing the main concentration area in accordance Marine Environment Symposium 2018. The eva- with the BMU position paper (2009). luations have since been published (GARTHE et In the years 2010 to 2013 inclusive, a number of al. 2018, SCHWEMMER et al. 2019). The cumula- approved offshore wind farm projects carried out tive consideration of the avoidance behaviour of the third year of the baseline survey as part of loons compared to offshore wind farms resulted the implementation process. The Federal in a calculated complete habitat loss of 5.5 km Agency for Nature Conservation (BfN) and the and a statistically significant decrease in a- Federal Maritime and Hydrographic Agency bundance up to a distance of 10 km, starting (BSH) took the completion of the baseline sur- from the periphery of a wind farm (GARTHE et al. veys as an opportunity to jointly commission a 2018). The statistically significant decrease in a- study to evaluate the findings on the main con- bundance is not a total avoidance but a partial centration area, taking into account all data avoidance with increasing densities of loons up available at that time on the occurrence of loons to a distance of 10 km from a wind farm. The cal- in the German Bight prior to the start of construc- culated total habitat loss of 5.5 km is used to tion and operation of offshore wind farms in the quantify the habitat loss in analogy to the former German EEZ. The results of the study confirmed shunning distance of 2 km. It is based on the pu- the importance and delimitation of the main con- rely statistical assumption that there are no loons centration area of loons in spring (GARTHE et al. within 5.5 km of an offshore wind farm. A further 2015). cross-project study on the occurrence and distri- The current results from the operational monito- bution of, and effects of offshore wind farm pro- ring of offshore wind farms and from research jects on loons in the German North Sea commis- projects, some of which used investigation me- sioned by the BWO provided comparable results thods independent of the standardised monito- for all wind farm projects realised, with a signifi- ring according to the Standard Investigation cant avoided distance of 10 km and a calculated Concept (StUK) (e.g. telemetry study within the total habitat loss of approx. 5 km. The results framework of the DIVER project), unanimously from GARTHE et al. (2018) regarding the show that the avoidance behaviour of loons to- avoidance behaviour of loons are thus confirmed wards offshore wind farms is far more pro- by an independent study (BIOCONSULT SH et al. nounced than had been anticipated in the origi- 2020). nal approval decisions of the wind farm projects The current state of knowledge from the above- (cf. Chapter 4.6.) mentioned study by FTZ on behalf of BfN and As a result, the Federal Agency for Nature Con- BSH will from now on be taken into account in servation and the Federal Maritime and Hydro- sectoral planning as well as in BSH decisions. graphic Agency again commissioned a study as The definition of suitable measures will be exa- part of ongoing research projects in order to mined in cooperation with the nature conserva- tion authority. 76 Non-technical summary Against this background, based on the calcula- in the range of the mean observed in previous ted total habitat loss of 5.5 km, the wind farm pro- years (BIOCONSULT SH et al. 2020). jects already implemented and taken into ac- Both studies confirm the overall high and special count in the position paper mean that approx. functional importance of the main concentration 19% of the 7,036 km2 main concentration area area as a habitat for loons in the German North is no longer available for loons due to avoidance Sea (SCHWEMMER et al. 2019, BIOCONSULT SH behaviour. Based on the assumptions made in et al. 2020). This is particularly true against the the position paper (BMU 2009) of a 2 km shun- background of the pronounced avoidance beha- ning distance, a 9 % loss of area in the main con- viour and associated habitat loss. centration area was anticipated. This means that even at this stage the area impairment in this im- The main concentration area represents a parti- portant habitat is greater than originally assu- cularly important component of the marine en- med. vironment in terms of seabirds and resting birds, in particular the group of loons. Taking into ac- In summary, the results of the monitoring and re- count the new findings, further cumulative search projects show that the avoidance behavi- effects on the stock of loons can be expected our of loons towards offshore wind farms is much from the implementation of further wind farm pro- more pronounced than previously assumed. A jects in the main concentration area. This alone stock calculation for the main concentration area - irrespective of the question of admissibility un- within the scope of the FTZ's sea diver study der species protection law - constitutes a threat commissioned by BfN and BSH showed an in- to the marine environment pursuant to Article 5 crease in the red-throated diver population for para 3 WindSeeG. For this reason, the designa- the period 2002 to 2012, which has remained at tion of the area N-5.4 is still not permissible, also a relatively constant high level since 2012. How- against the background of another study now ever, a decrease in the red-throated diver popu- available on loons in the German North Sea. lation has been observed for the entire German Areas N-5 and N-4 remain under review for sub- North Sea, whose sub-areas have different local sequent use (see Chapter 8.4 and 8.5 of the draft significance as a habitat for loons, since 2012 FEP). The detailed assessment and justification (observation period until 2017) (SCHWEMMER et is explained in Chapter 5.2 of the environmental al. 2019). The study commissioned by the BWO report. yields qualitatively and quantitatively compa- rable population figures and population trends Migratory birds for the main concentration area and the German A potential hazard for migratory birds results on North Sea. Differences can be attributed to diffe- the one hand from the risk of collision with the rent methods of stock calculation and modified individual offshore wind turbines and platforms, categorisation bases. It is assumed that the data and on the other hand from adverse effects on basis has a greater influence (BIOCONSULT SH the fitness of the animals due to forced changes et al. 2020). Moreover, at the time of the evalua- in flight paths. tions by BIOCONSULT SH et al. (2020), data from the 2018 study year were already available, Under normal migratory conditions favoured by which meant that an additional year could be ta- migratory bird species, no evidence has been ken into account in this study. For the red- found so far for any species that the birds typi- throated diver population in the German North cally migrate in the danger zone of the installati- Sea, there were indications of an increase in the ons and/or do not recognise and avoid these population in that year, and in the main concent- obstacles. Under the clear weather conditions ration area there were indications of a fluctuation Non-technical summary 77 preferred by birds for their migration, the proba- which are not yet suitable to satisfactorily safe- bility of collision with wind turbines or converter guard the basis for the protected asset. Gaps in platforms is therefore very low. knowledge exist in particular with regard to spe- cies-specific migration behaviour. Despite exten- A potential hazard situation is caused by unex- sive research activities, it has not yet been pos- pectedly occurring fog and rain, which leads to sible to close these gaps. poor visibility and low flight altitudes. The coin- cidence of bad weather conditions with so-called Due to the gaps in knowledge mentioned above, mass migration events is particularly problema- a final cumulative consideration of all offshore tic. The risk of collision for birds migrating during wind farms to be considered, including all desig- the day and seabirds is generally considered to nated areas as well as further offshore wind be low. They orient themselves visually and are farms outside the German EEZs, is not possible usually able to land on water. The risk of bird at this stage. strikes could therefore be more likely to occur Transboundary effects with songbird populations that migrate at night and are rich in individuals. The SEA concludes that, as things stand at present, the provisions of the FEP do not have a In order to avoid or minimise the risk, the instal- significant impact on the areas of neighbouring lations shall be designed in such a way that light countries bordering the German North Sea EEZ. emissions are avoided as far as possible during construction and operation, unless such emissi- Significant transboundary impacts can generally ons are required and unavoidable by safety re- be ruled out for the following assets to be protec- quirements of shipping and air traffic as well as ted: soil, water, plankton, benthos, biotope ty- occupational safety. pes, landscape, cultural heritage and other ma- terial goods, and the human being and human Cumulative effects of offshore wind farms in the health. Possible significant transboundary im- areas and zones planned in the FEP and of con- pacts could only arise if all planned wind farm verter platforms could, in addition to the risk of projects in the area of the German North Sea for bird strikes, also lead to an extension of the mig- the highly mobile objects of protection - fish, ma- ratory route for migrating birds. A possible barrier rine mammals, sea birds and resting birds, mig- effect could divert the migratory path and thus ratory birds and bats - are considered cumula- extend it. It is known that wind farms are avoided tively. by birds, i.e. they are flown around or over hori- zontally. With regard to fish as a protected asset, the SEA comes to the conclusion that, according to the On the basis of the available information on the current state of knowledge, no significant trans- migratory behaviour of the various bird species, boundary impacts on the protected asset are to the usual flight altitudes and the distribution of be expected as a result of the implementation of bird migration over the day, the implementation the FEP, since on the one hand the areas for of the FEP is unlikely to pose a threat to bird mig- which the FEP makes stipulations do not have a ration according to the current state of know- prominent function for the fish fauna and on the ledge. At this stage, a possible bypassing of the other hand the recognisable and predictable projects is not expected to have a significant ne- effects are of a small-scale and temporary na- gative effect on the further development of the ture. Based on current knowledge and taking into populations. It should be noted that, according to account impact-minimizing and damage-limiting the current state of science and technology, this measures, significant transboundary impacts forecast is made on the basis of assumptions can also be ruled out for the protected marine 78 Non-technical summary mammal species. For example, the installation of In order to exclude a significant species protec- the foundations of wind turbines and converter tion-related disturbance within the meaning of platforms is only permitted in the specific li- §44 para. 1 No. 2 BNatSchG, the area N-5.4, censing procedure if effective noise reduction which is currently being examined in the (preli- measures are implemented (cf. 4.4.1.7 FEP). minary) drafts of FEP 2019, remains excluded With regard to the protection of seabirds and from further planning for offshore wind energy resting birds, the Danish bird sanctuary "Sydlige plants on the basis of the results of the assess- Nordsø", which is directly adjacent to the Ger- ment of the cumulative adverse impacts on the man EEZ to the north and also has a high occur- conservation status of the local population of rence of loons, must be taken into account when loons (see Chapter 8.4 and 8.5 of the FEP draft). considering possible significant transboundary Areas N-4 and N-5 are being examined for sub- impacts. The non-designation of area N-5.4 sequent use. counteracts a possible impairment of the Danish Impact assessment bird sanctuary, including the presence of loons there. Under the present SEA, the areas, sites, plat- forms and submarine cable routes planned in the For migratory birds, the wind turbines and plat- FEP will be subject to a separate assessment of forms erected on the FEP sites may constitute a their compatibility with the conservation purpo- barrier or a risk of collision. However, as the plat- ses of the nature reserves. forms are individual structures in the immediate vicinity of offshore wind farms, platforms alone The German North Sea EEZ contains the nature are not expected to significantly disturb the mig- reserves "Sylter Außenriff - Östliche Deutsche ration of birds. When considering the collision Bucht", "Borkum Riffgrund" and "Doggerbank", risk posed by wind turbines, the existing develo- which were established by decree on 22 Sep- pment of some areas in connection with future tember 2017. Compatibility in accordance with development with new types of larger turbines the BNatSchG must be examined in line with the must be taken into account. The collision risk assessment previously carried out for the FFH must therefore be assessed differently for each areas. The nature conservation areas in the EEZ specific area. However, a final cumulative had previously been included under European consideration of the effects on bird migration, in- law as FFH areas in the first updated list of sites cluding all offshore wind farms to be considered, of Community importance in the Atlantic biogeo- is not possible at the present time due to a lack graphical region pursuant to Article 4 (2) of the of information on the actual collision risk. Habitats Directive (Official Journal of the EU, 15.01.2008, L 12/1) by a decision of the Euro- Species protection law examination pean Commission of 12.11.2007, so that an FFH The environmental report also contains an exa- impact assessment has already been carried out mination under species protection law in ac- under the BFO. cordance with Article 44 (1) of the Federal Na- §§ Sections 34 and 36 of the Federal Nature ture Conservation Act. On the more abstract le- Conservation Act (BNatSchG) stipulate that vel of sectoral planning, this comes to the con- plans or projects which, individually or in con- clusion that, according to the current state of junction with other plans or projects, may signifi- knowledge, the offshore wind farms, platforms cantly affect a Habitats and EU Bird Protection and submarine cable routes planned in the FEP Area and which do not directly serve the ma- will not have any significant negative impacts on nagement of the area, must be assessed for their the species protection-related prohibitions under species protection law. Non-technical summary 79 compatibility with the protection and conserva- of the conservation objectives of the nature con- tion objectives of a Natura 2000 site. This also servation areas can be ruled out with the neces- applies to projects outside the site which, either sary certainty by implementing the ordered noise individually or in combination with other projects protection measures. or plans, are likely to significantly affect the site's The FEP lays down various measures to protect conservation objectives. With the designation of loons. In addition to the preventive measure of the nature conservation areas, this assessment BMU (2009) by restricting offshore wind energy now relates to the conservation purpose of these within the main concentration area of loons, the sites. FEP provides for an avoidance measure by The protected areas as a whole are the LRT excluding the area N-5.4 designated in the (pre- "reefs" and "sandbanks" listed in Annex I of the liminary) drafts of FEP 2019. The exclusion of Habitats Directive, certain fish species and ma- the offshore wind farm "Butendiek" for a possible rine mammals listed in Annex II of the Habitats subsequent use also constitutes a significant mi- Directive (river lamprey, feint, harbour porpoise, tigation measure, which is a direct consequence grey seal and common seal) and various bird of objective 3.5.1. (3) of the North Sea EEZ ROV. species listed in Annex I of the Birds Directive According to this, the realisation of offshore wind (red-throated diver), Black-throated Diver, Little farms in Natura 2000 areas is prohibited, except Gull, Sandwich Tern, Common Tern, Arctic Tern, in the cases mentioned in the objective. Finally, Northern Fulmar, Northern Gannet, Black Sco- the requirement to examine the possible subse- ter, Skua, Pomarine Gull, Common Gull, Black- quent use of areas N-4 and N-5 is a further mo- backed Gull, Herring Gull, Kittiwake, Common nitoring measure. Guillemot, Razorbill). Species listed in Annex IV Taking into account the measures included in the of the Habitats Directive, such as the harbour FEP, which ensure the protection of the loons in- porpoise, must be strictly protected everywhere, side but also outside the nature reserve "Sylt Ou- including outside the established protected ter Reef - Eastern German Bight", a significant areas. impairment of the conservation objectives can Within the framework of the FEP, individual be ruled out with the necessary certainty. areas and sites, platforms, submarine cable rou- Assessment of the compatibility of the planned tes and border corridors are planned in or in the areas, sites and platforms immediate vicinity of the nature reserves "Borkum Riffgrund" and "Sylt Outer Reef - Eas- The impact assessment comes to the conclusion tern German Bight". Two planned cross-border that, according to current knowledge, a signifi- submarine cable systems cross the "Dog- cant impairment of the conservation objectives gerbank" nature reserve. with regard to protected species by the erection and operation of offshore wind turbines and The impact assessment also takes into account transformer and converter platforms within the the remote effects of the provisions adopted areas and sites defined in the FEP can be ruled within the EEZ on the protected areas in the ad- out, taking into account strict impact-minimising jacent 12-mile zone and in the adjacent waters measures and applying the requirements of the of neighbouring countries. noise protection concept of the BMU (2013). For The assessment of the FEP's compatibility with this purpose, the FEP makes textual specifica- regard to the strictly protected species of harbour tions, especially with regard to noise reduction. porpoise has shown that, according to the cur- A detailed impact assessment is the responsibi- rent state of knowledge, a significant impairment lity of the individual approval procedure. 80 Non-technical summary Assessment of the compatibility of the planned the route will be adjusted accordingly within the cable routes and border corridors framework of the FEP update. Possible effects of submarine cables are usually In order to avoid the impairment of FFH-LRT, an limited to the laying phase and are therefore li- alternative assessment has been carried out for mited in time and space. Impacts on nature con- all routes which use nature conservation areas servation areas in their components relevant to and for which bypassing the protected area is the conservation objectives or the protection pur- possible and appropriate in the light of the prin- pose are only to be expected if the cable routes ciple of proportionality. run through a protected area or in the immediate According to current knowledge, significant im- vicinity thereof; according to the current state of pairment of the FFH-LRT "reefs" and "sand- knowledge, no remote effects are to be assu- banks with only weak permanent inundation by med. For this reason, only cable routes that seawater" can be ruled out even if the plan and cross nature conservation areas or run in the im- existing projects for the nature conservation mediate vicinity, e.g. directly parallel to the edge areas under review are considered cumulatively. of protected areas, will be taken into account for the impact assessment following a detailed pre- measures to prevent, reduce and offset sig- liminary assessment. nificant negative impacts of the land-use plan on the marine environment In particular, the small size of the area and the short duration of the relocation mean that any In accordance with the requirements of the SEA significant impact on the conservation objectives Directive, the measures planned to prevent, re- for protected marine mammal and bird species duce and as far as possible offset significant ne- can be excluded. gative environmental impacts resulting from the implementation of the FEP are presented. Occurrences of the FFH-LRT "reefs" and "sand- banks" or other biotopes protected under Article In principle, the FEP's provisions will avoid ne- 30 may occur along individual routes. If the oc- gative impacts on the development of the en- currence of particularly sensitive biotopes is vironmental status of the North Sea EEZ. In the identified in the course of the preliminary site in- event of non-implementation of the plan, the u- vestigations or in the specific approval proce- ses would develop without the FEP's steering dure, efforts should be made to bypass these bi- and coordinating effect, which would save space otopes. Experience from the implemented pro- and resources. jects "NordLink", "AC-Anbindung Butendiek" or Specifically, the FEP lays down spatial and tex- "SylWin1 and SylWin alpha" shows that small- tual specifications which, in accordance with the scale bypassing of e.g. reef occurrences within environmental protection objectives set out in the framework of fine routing in the individual ap- Chapter Fehler! Verweisquelle konnte nicht proval procedure is possible at least in places. gefunden werden.of the environmental report, If bypassing sensitive FFH-LRT does not appear serve to avoid or reduce significant negative im- possible, considerable impairment of these bio- pacts of the implementation of the FEP on the topes cannot be ruled out at present. On the ba- marine environment. This mainly concerns tex- sis of available data from the route surveys, it tual specifications on space-saving planning, on must be examined in the specific individual pro- avoiding the use of protected areas and legally cedure whether there is significant impairment. If protected biotopes pursuant to Article 30 of the new findings from route surveys are available, Federal Nature Conservation Act, on noise re- duction, on compliance with the 2C criterion, on the dismantling of structures, and on the Non-technical summary 81 consideration of best environmental practice and In addition to the zero alternative, this environ- the respective state of the art. mental report examines in particular spatial and technical alternatives. Reduction and avoidance measures are spe- cified and ordered by the competent licensing Measures planned to monitor the environ- authority at project level for the planning, mental impact of implementing the site deve- construction and operation phases. With regard lopment plan to the planned areas for wind energy plants and The potential significant impacts on the environ- platforms and other energy generation areas, ment resulting from the implementation of the this concerns in particular noise reduction and FEP must be monitored in accordance with Ar- noise prevention measures as well as environ- ticle 45 (1) UVPG. This is intended to enable un- mentally compatible lighting during the operation foreseen negative impacts to be identified at an of the structures. Measures to avoid and reduce early stage and suitable remedial measures to the possible effects of submarine cable systems be taken. The monitoring also serves to verify must be taken into account in the route planning the gaps in knowledge or the forecasts with and technical design. In order to avoid significant uncertainties as presented in the environmental negative effects of cable heating on benthos, the report. According to Article 45 para. 4 UVPG, the FEP contains a planning principle for sediment results of the monitoring are to be taken into ac- heating. count in the updating of the FEP. The actual mo- Alternative testing nitoring of potential impacts on the marine en- vironment can only begin once the uses regula- In accordance with Art. 5 para. 1 sentence 1 of ted under the plan have been realised. There- the SEA Directive in conjunction with the criteria fore, project-related monitoring of the impacts of in Annex I of the SEA Directive and Art. 40 para. offshore wind farms, platforms and submarine 2 no. 8 UVPG, the environmental report contains cable systems is of particular importance. The a brief description of the reasons for the choice main task of monitoring is to bring together and of the reasonable alternatives examined. At the evaluate the findings of the various monitoring plan level, the conceptual/strategic design, spa- results at project level. In addition, existing nati- tial and technical alternatives play a major role. onal and international monitoring programmes In principle, it should be noted that all specifica- must be taken into account, also to avoid dupli- tions in the form of standardised technology and cation of work. planning principles already involve a preliminary The investigation of the potential environmental examination of possible and conceivable alter- impacts of areas and sites for offshore wind natives. As can be seen from the justification of energy or of platforms has to be carried out at the individual planning principles, in particular project level in accordance with the standard those relating to the environment - e.g. route de- "Untersuchung von Auswirkungen von Offshore- sign that is as bundled as possible, implementa- Windenergieanlagen (StUK4)" (Investigation of tion with as few intersections as possible - the the impacts of offshore wind energy plants) and respective principle is already based on a in coordination with the BSH. Monitoring during weighing up of possible public interests and legal the construction of foundations by means of pile positions affected, so that a "preliminary exami- driving includes measurements of underwater nation" of possible alternatives has already been noise and acoustic recordings of the impact of carried out. pile driving on marine mammals using POD measuring instruments. In addition, additional monitoring measures are planned to record the 82 Non-technical summary effects of the stratification of the water under and biotope types during the baseline survey certain hydrographic conditions on the propaga- and the operational phase. Identified suspected tion of impact noise in the Baltic Sea and to be areas of biotope types protected under Article 30 able to take further measures if necessary. of the Federal Nature Conservation Act (BNatSchG) must also be investigated in ac- The BSH is carrying out a whole series of pro- cordance with the current mapping instructions jects as part of the accompanying research into of the Federal Agency for Nature Conservation the possible effects of offshore wind turbines on (BfN). After the cable system has been laid, its the marine environment. These include the AN- location must be checked by operational monito- KER project "Approaches to cost reduction in the ring measures. One year after commissioning of collection of monitoring data for offshore wind the submarine cable systems, investigations of farms", the R&D study BeMo "Evaluation ap- the benthic biocoenoses must be carried out on proaches for underwater noise monitoring in the same transects as in the baseline survey. connection with offshore licensing procedures, regional planning and MSRL" and various sub- The pooling of information creates an increasin- projects within the R&D network NavES "Nature- gly solid basis for impact forecasting. The rese- compatible developments at sea". The results of arch projects serve the continuous further deve- the BSH's current projects will be directly incor- lopment of a uniform, quality-assured basis of porated into the further development of stan- marine environmental information for the asses- dards and norms, such as the development of sment of possible impacts of offshore installati- the StUK5. ons and form an important basis for updating the FEP. 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Draft environmental report for the draft Site Development Plan 2020 for the German Baltic Sea Exclusive Economic Zone Hamburg, 4 September 2020 Content I Content 1 Introduction 1 1.1 Legal basis and tasks of the environmental assessment 1 1.2 Brief description of the content and most important objectives of the Site Development Plan 1 1.3 Relationship to other relevant plans, programmes and projects 1 1.4 Presentation and consideration of environmental protection objectives 5 1.4.1 International conventions on the protection of the marine environment 5 1.4.2 Environmental and nature conservation requirements at EU level 6 1.4.3 Environmental and nature conservation requirements at national level 6 1.4.4 The Federal Government's energy and climate conservation aims 7 1.5 Strategic Environmental Assessment methodology 8 1.5.1 Introduction 8 1.5.2 Area of investigation 8 1.5.3 Implementation of the environmental assessment 10 1.5.4 Criteria for status description and status assessment 12 1.5.5 Specific assumptions for the assessment of likely significant environmental impacts 16 1.5.6 Cumulative consideration 18 1.5.7 Interactions 18 1.5.8 Specific assumptions for the assessment of likely significant environmental impacts 19 1.6 Data sources and indications of difficulties in compiling the documents 22 1.6.1 Overview of data source 23 1.6.2 Indications of difficulties in compiling the documents 24 2 Description and assessment of state of the environment 27 2.1 Introduction 27 2.2 Soil/Area 27 2.2.1 Object of protection soil/area 27 2.2.2 Data availability 27 2.2.3 Geomorphology 27 II Content 2.2.4 Sediment distribution on the seabed 27 2.2.5 Geological structure of the near-surface subsoil 27 2.2.6 Distribution of pollutants in the sediment 27 2.2.7 Status assessment 27 2.3 Water 27 2.3.1 Currents 27 2.3.2 Swell and water level fluctuations 27 2.3.3 Surface temperature and temperature stratification 27 2.3.4 Surface salinity and salinity stratification 27 2.3.5 Ice conditions 27 2.3.6 Suspended matter and turbidity 27 2.3.7 Status assessment with regard to nutrient and pollutant distribution 27 2.4 Plankton 27 2.4.1 Data availability and monitoring programmes 27 2.4.2 Spatial distribution and temporal variability of phytoplankton 28 2.4.3 Spatial distribution and temporal variability of zooplankton 28 2.4.4 Status assessment of plankton 28 2.5 Biotopes 28 2.5.1 Data availability 28 2.5.2 Biotopes in the German Baltic Sea 28 2.5.3 Legally protected marine biotopes according to section 30 of the Federal Nature Conservation Act and FFH habitat types 28 2.5.4 Status assessment 28 2.6 Benthos 28 2.6.1 Data availability 28 2.6.2 Spatial distribution and temporal variability 28 2.6.3 Status assessment of the factor Benthos 28 2.7 Fish 28 2.7.1 Data availability 28 2.7.2 Spatial distribution and temporal variability 28 2.7.3 Status assessment of the factor Fish 28 2.8 Marine mammals 28 Content III 2.8.1 Data availability 28 2.8.2 Spatial distribution and temporal variability 28 2.8.3 Status assessment of the factor Marine mammals 28 2.9 Seabirds and resting birds 29 2.9.1 Data availability 29 2.9.2 Spatial distribution and temporal variability 29 2.9.3 Status assessment of seabirds and resting birds 29 2.10 Migratory birds 29 2.10.1 Data availability 29 2.10.2 Spatial distribution and temporal variability of migratory birds 29 2.10.3 Status assessment of the factor Migratory birds 29 2.11 Bats and bat migration 30 2.11.1 Data availability 30 2.11.2 Migration and migratory movements of bats over the Baltic Sea 30 2.11.3 Conservation status of potentially migratory bat species in countries adjacent to the Baltic Sea 30 2.11.4 Hazards to bats 30 2.12 Biodiversity 30 2.13 Air 30 2.14 Climate 30 2.15 Landscape 30 2.16 Cultural heritage and material assets 30 2.17 Human beings, including human health 30 2.18 Interrelationships between the factors 30 3 Expected development in the event of non-implementation of the plan 31 3.1 Soil/Area 32 3.2 Water 32 3.3 Plankton 33 3.4 Biotopes 33 3.5 Benthos 33 3.6 Fish 33 IV Content 3.7 Marine mammals 33 3.8 Seabirds and resting birds 33 3.9 Migratory birds 33 3.10 Bats and bat migration 33 3.11 Biodiversity 33 3.12 Air 33 3.13 Climate 33 3.14 Landscape 33 3.15 Cultural heritage and material assets 33 3.16 Human beings, including human health 33 3.17 Interrelationships between the factors 33 4 Description and assessment of the likely significant effects of the implementation of the Site Development Plan on the marine environment 34 4.1 Soil/Areas 34 4.1.1 Areas, sites and platforms 34 4.1.2 Subsea cable systems 34 4.2 Benthos 34 4.2.1 Areas and sites 34 4.2.2 Platforms 34 4.2.3 Subsea cable systems 35 4.3 Biotopes 35 4.3.1 Areas and sites 35 4.3.2 Platforms 35 4.3.3 Subsea cable systems 35 4.4 Fish 35 4.4.1 Areas and sites 35 4.4.2 Platforms 35 4.4.3 Subsea cable systems 35 4.5 Marine mammals 35 4.5.1 Areas, sites and platforms 35 4.5.2 Subsea cable systems 35 Content V 4.6 Seabirds and resting birds 35 4.6.1 Areas and sites 35 4.6.2 Platforms 35 4.6.3 Subsea cable systems 35 4.7 Migratory birds 35 4.7.1 Areas and sites 35 4.7.2 Platforms 35 4.7.3 Subsea cable systems 35 4.8 Bats and bat migration 35 4.8.1 Areas and sites 35 4.8.2 Platforms 35 4.8.3 Subsea cable systems 35 4.9 Climate 35 4.10 Landscape 35 4.10.1 Areas and sites 35 4.10.2 Platforms 35 4.11 Interrelationships 35 4.12 Cumulative effects 35 4.12.1 Soil/Area, benthos and biotopes 35 4.12.2 Fish 35 4.12.3 Marine mammals 35 4.12.4 Seabirds and resting birds 35 4.12.5 Migratory birds 35 4.13 Transboundary impacts 35 5 Assessment of wildlife conservation regulations 37 5.1 Marine mammals 37 5.1.1 Section 44 subsection 1 no. 1 of the Federal Nature Conservation Act (prohibition of killing and injury) 37 5.1.2 Section 44 subsection 1 no. 2 of the Federal Nature Conservation Act (prohibition of disturbance) 37 5.2 Avifauna (seabirds, resting birds and migratory birds) 37 5.2.1 Section 44 subsection 1 no. 1 of the Federal Nature Conservation Act (prohibition of killing and injury) 37 VI Content 5.2.2 Section 44 subsection 1 no. 2 of the Federal Nature Conservation Act (prohibition of disturbance) 38 5.3 Bats 38 5.3.1 Section 44 subsection 1 no. 1 and no. 2 of the Federal Nature Conservation Act 38 6 Assessment of the implications 39 6.1 Legal basis 39 6.2 Assessment of the compatibility of the FEP with regard to habitat types 40 6.2.1 Assessment of compatibility with the protective purpose of the nature reserve "Pomeranian Bay - Rönnebank 40 6.2.2 Assessment of the compatibility of planned cable routes with the protective purpose of the "Fehmarnbelt" nature reserve 41 6.3 Assessment of the compatibility of the FEP with protected species 42 6.3.1 Assessment of the compatibility of areas, surfaces, platforms and sea cable systems with the protective purpose of the nature conservation area "Pomeranian Bay - Rönnebank 42 6.3.2 Assessment of the compatibility of areas, sites, platforms and sea cable systems with the protective purpose of the "Fehmarnbelt" nature conservation area 42 6.3.3 Assessment of the compatibility of areas, surfaces, platforms and sea cable systems with the protective purpose of the "Kadetrinne" nature conservation area 42 6.4 Natura2000 sites outside the German EEZ 42 6.5 Outcome of the impact assessment 44 7 Overall plan evaluation 44 8 Measures to prevent, mitigate and offset significant negative effects of the Site Development Plan on the marine environment 46 8.1 Introduction 46 8.2 Areas and sites for offshore wind turbines 47 8.3 Platforms 49 8.4 Sea cable systems 50 9 Investigated alternatives 52 9.1 Zero alternative 53 Content VII 9.2 Strategic alternatives 53 9.3 Spatial alternatives 53 9.3.1 Assessment of alternatives for areas 53 9.3.2 Comparison of the sites with each other 54 9.4 Technical alternatives 60 10 Measures envisaged for monitoring the environmental impacts 61 10.1 Monitoring of potential effects of areas and sites for offshore wind turbines 63 10.2 Monitoring of potential effects of platforms 64 10.3 Monitoring of the potential effects of sea cables 64 11 Non-technical summary 66 VIII Content List of figures Figure 1: Overview of the staged planning and approval process in the central model. ................... 3 Figure 2: Overview of the protected assets in the environmental assessments. .............................. 4 Figure 6: Overview of the standards of the relevant legal acts for the SEA. .................................... 7 Figure 7: Presentation of the SEA study area for the Baltic Sea for the site development plan. ...... 9 Figure 8: General methodology for assessing likely significant environmental impacts. ................ 12 Figure 9: Exemplary cumulative effect of similar uses (effects of energy on underwater sound and marine mammals). ........................................................................................................................ 18 Content IX List of tables Table 1: Project-related effects in the implementation of the FEP. ................................................ 16 Table 2: Parameters for the consideration of areas and sites ........................................................ 20 Table 3: Parameters for the consideration of network connections and platforms ......................... 20 Table 4: Parameters for the consideration of sea cable systems................................................... 22 Table 5. Site comparison using nature conservation criteria. ........................................................ 54 X Content List of abbreviations AC Alternating current AIS Automatic Identification System (for ships) ASCOBANS Agreement on the Conservation of Small Cetaceans of the Baltic and North Seas AWI Alfred Wegener Institute for Polar and Marine Research BBergG Federal Mining Act BfN Federal Agency for Nature Conservation BFO Spatial Offshore Grid Plan BFO-N Spatial Offshore Grid Plan North Sea BFO-O Spatial Offshore Grid Plan Baltic Sea BGBI Federal Law Gazette BIAS Baltic Sea Information on the Acoustic Soundscape BMU Federal Ministry for the Environment, Nature Conservation and Nuclear Safety Act concerning nature conservation and landscape management (Federal Nature BNatSchG Conservation Act) Federal Network Agency for Electricity, Gas, Telecommunications, Post and BNetzA Railway BSH Federal Maritime and Hydrographic Agency CMS Convention on the Conservation of Migratory Species of Wild Animals CTD Conductivity, Temperature, Depth Sensor DC Direct current DEPONS Disturbance Effects on the Harbour Porpoise Population in the North Sea DDT Dichlorodiphenyltrichloroethane EEZ Exclusive Economic Zone EIA Environmental impact assessment EIS Environmental impact study Recording of marine mammals and seabirds in the German North Sea and Baltic EMSON Sea EEZs ERASNO Recording of resting birds in the German North Sea and Baltic Sea EEZs EnWG Act concerning electricity and gas supply (German Energy Act) EUROBATS Agreement on the Conservation of Populations of European Bats FEP Site Development Plan FFH Flora Fauna Habitat Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural FFH-RL habitats and of wild fauna and flora (Habitats Directive) Compatibility testing according to Art. 6 subsection 3 of the Habitats Directive or FFH-VP section 34 of the Federal Nature Conservation Act FPN North Sea Research Platform HELCOM Helsinki Convention HCB Hexachlorobenzene IBA Important bird area ICES International Council for the Exploration of the Sea IfAÖ Institute for Applied Ecosystem Research IHC NMS Noise mitigation System from IHC Content XI IOW Leibniz Institute for Baltic Sea Research, Warnemünde IUCN International Union for Conservation of Nature and Natural Resources IWC International Whaling Commission K Kelvin CI Confidence interval kn Knots LRT Habitat type according to the Habitats Directive Automated monitoring network of stations in the German Bight and western Baltic MARNET Sea MARPOL International Convention for the Prevention of Pollution from Ships Marine warm-blooded animals in the North and Baltic Seas: Foundations for MINOS assessment of offshore wind farms Directive 2008/56/EC of the European Parliament and the Council dated 17 June MSRL 2008 for the establishment of a Framework for Community Action in the field of Marine Environment (Marine Strategy Framework Directive) NAO North Atlantic Oscillation n.m. Nautical mile NN Sea level O-NDP Offshore network development plan OSPAR Oslo-Paris Agreement OWP Offshore wind farm PAH Polycyclic aromatic hydrocarbons PCB Polychlorinated biphenyl POD Porpoise Click Detector PSU Practical Salinity Units R&D Research and Development RL Red List SAMBAH Static Acoustic Monitoring of the Baltic Sea Harbour Porpoise SCANS Small Cetacean Abundance in the North Sea and Adjacent Waters Ordinance concerning offshore installations for defining German coastal waters SeeAnlV (Offshore Installations Ordinance) SEL Sound event level SPA Special Protected Area Species of European Conservation Concern (important species for bird SPEC conservation in Europe) SPLp-p Peak emission sound pressure level (peak-peak) StUK4 Standard "Investigation into the impacts of offshore wind turbines" "Accompanying ecological research at the alpha ventus offshore test area StUKplus project" SEA Strategic environmental assessment Directive 2001/42/EC of the European Parliament and of the Council of 27 June SEA Directive 2001 on the assessment of the effects of certain plans and programmes on the environment (SEA Directive) TFEU Treaty on the Functioning of the European Union TSO Transmission system operator XII Content TOC Total Organic Carbon UBA Federal Environment Agency UVPG Act concerning the environmental impact assessment VARS Visual Automatic Recording System Directive 2009/147/EC of the European Parliament and of the Council of 30 V-RL November 2009 on the conservation of wild birds (Wild Birds Directive) WEA Wind turbine Act concerning the development and promotion of offshore wind energy WindSeeG (Offshore Wind Energy Act - WindSeeG) Introduction 1 1 Introduction According to Art. 1 of the SEA Directive 2001/42/EC, the objective of strategic environmental assessment is to ensure a high 1.1 Legal basis and tasks of the level of environmental protection in order to environmental assessment promote sustainable development, and thereby In accordance with sections 4 et seq. of the to contribute to ensuring that environmental Wind Energy at Sea Act (WindSeeG), the BSH considerations are taken into account in an draws up a site development plan (FEP) in appropriate manner well in advance of concrete consultation with the Federal Network Agency project planning, when the plans are compiled (BNetz-A) and in agreement with the Federal and adopted. The Strategic Environmental Agency for Nature Conservation (BfN), the Assessment has the task of identifying, Directorate-General for Waterways and describing and evaluating the likely significant Shipping (GDWS) and the coastal Länder. The environmental effects of the implementation of FEP was drawn up for the first time in 2018 and the plan. It serves as an effective environmental 2019 and published on 28 June 2019 and is precaution in accordance with the applicable currently being updated. laws and is implemented according to When the FEP was drawn up, a detailed consistent principles, and with public environmental assessment was carried out in participation. All factors in accordance with accordance with the law on environmental section 2 subsection 1 of the Environmental impact assessment (UVPG), the so-called Impact Assessment Act must be considered: Strategic Environmental Assessment (SEA).  Human beings, in particular human The environmental reports were also published health, on 28.06.2019. The performance of a strategic  Fauna, flora and biodiversity, environmental assessment and the preparation of an environmental report is governed by  Area, soil, water, air, climate and landscape, Article 35 (1) No. 1 UVPG in conjunction with No. 1.17 of Appendix 5, as site development  Cultural heritage and other material plans are subject to the SEA obligation under assets, and Article 5 WindSeeG. In principle, this also  Interrelationships between the above- applies if the FEP is updated or amended. mentioned factors. The SEA for FEP 2019 does not formally The main content document of the Strategic include new area layouts and the definition of Environmental Assessment is this draft new areas or other energy production areas. environmental report. This identifies, describes Thus, a strategic environmental assessment and assesses the likely significant must be carried out for the specifications that environmental impact of the implementation of have not yet been reviewed, as it is not possible the Site Development Plan, as well as possible to exclude the possibility of significant planning alternatives, taking into account the environmental impacts. As far as new findings essential purposes of the plan. on existing specifications are available and relevant, these will also be taken into account. 1.2 Brief description of the content The SEA for updating the FEP is based on the and most important objectives of environmental reports from 2019 and will the Site Development Plan closely follow the existing SEA in terms of methodology and content. 1.3 Relationship to other relevant plans, programmes and projects 2 Introduction The FEP is related to other plans and industry, science and research as well as programmes within the EEZ, in adjacent areas, protection claims. A strategic environmental in particular in the Coastal Sea, and to plans assessment must be carried out when the and projects at upstream and downstream spatial development plan is drawn up. planning and licensing levels. The next stage is the FEP. Within the 1.3.1 Regional development plans in framework of the so-called central model, the adjacent areas FEP is the control instrument for the orderly expansion of offshore wind energy and In the interests of coherent planning, electricity grids in a phased planning process. coordination processes with the plans of The FEP has the character of a sectoral plan. neighbouring states and coastal federal states The sectoral plan is designed to plan the use of are advisable and must be taken into account in offshore wind energy and the electricity grids in the cumulative assessment of impacts on the a targeted manner and as optimally as possible marine environment. In particular, close under the given framework conditions - in coordination is required with the coastal federal particular the requirements of regional planning states with regard to the onshore connection of - by defining areas and sites as well as the offshore wind farms and the routing of the locations, routes and route corridors for grid routes through the coastal sea. At present, the connections or for cross-border submarine state spatial planning is being updated for both cable systems. In principle, a strategic Lower Saxony and Schleswig-Holstein. environmental assessment is carried out to 1.3.1.1 Lower Saxony accompany the establishment, updating and 1.3.1.2 Schleswig-Holstein modification of the FEP. 1.3.2 MSRL programme of measures In the next step, the areas for offshore wind energy plants defined in the FEP will be pre- 1.3.3 Management plans for the North Sea examined. If the requirements of § 12 para 2 EEZ nature reserves WindSeeG are met, the preliminary 1.3.4 Staged planning procedure for investigation is followed by a determination of offshore wind energy and power lines the suitability of the site for the construction and (central model) operation of offshore wind energy plants. A strategic environmental assessment shall also Within the framework of the central model, the be carried out to accompany the preliminary FEP is the steering instrument for the orderly investigation. expansion of offshore wind energy in a staged planning process. The SEA for the FEP is If the suitability of a site for the use of offshore related to upstream and downstream wind energy is determined, the site is put out to environmental assessments. tender and the winning bidder or the correspondingly entitled party can submit an In an overall view of the central model, the application for approval (planning approval) for planning process for the area of the EEZ is the construction and operation of wind energy divided into several stages: plants on the site specified in the FEP. As part At the highest and superordinate level is the of the planning approval procedure, an instrument of maritime spatial planning. The environmental impact assessment is carried out spatial development plan is the forward-looking if the prerequisites are met. planning instrument which coordinates the most While the areas defined in the FEP are pre- diverse interests of users in the fields of examined and put out to tender for the use of Introduction 3 offshore wind energy, this is not the case for The same applies to cross-border submarine defined sites, routes and route corridors for grid cable systems. connections or cross-border submarine cable Under Article 1 (4) UVPG, the UVPG also systems. Upon application, a planning approval applies if federal or Länder legislation does not procedure including environmental assessment specify the environmental impact assessment in will be carried out for the construction and more detail or does not comply with the operation of grid connection lines in the Re-gel. essential requirements of the UVPG. Figure 1: Overview of the staged planning and approval process in the central model. In the case of multi-stage planning and environmental impacts, technical requirements, approval processes, it follows from the relevant as well as the content and subject matter of the legislation (e.g. Spatial Planning Act, Wind- plan are to be taken into account. SeeG and BBergG) or, more generally, from In the case of subsequent plans and Article 39 (3) UVPG that, in the case of plans, it subsequent approvals of projects for which the should be determined at the stage of defining plan sets a framework, the environmental the scope of the investigation at which certain assessment pursuant to Article 39 (3) sentence environmental impacts are to be assessed in 3 UVPG shall be limited to additional or other particular. In this way, multiple assessments are to be avoided. The nature and extent of the 4 Introduction significant environmental impacts as well as to description and assessment of the significant necessary updates and further details. impacts of a project or a plan or programme on the objects of protection. They serve to ensure Within the framework of the staged planning effective environmental protection in and approval process, all reviews have in accordance with the applicable laws and are common that environmental impacts on the carried out according to uniform principles and objects of protection listed in § 2 para. 1 UVGP with public participation. are considered, including their interactions. In the offshore sector, the following sub- According to the definition in § 2 para. 2 UVPG, categories of the legally protected assets: environmental impacts within the meaning of animals, plants and biological diversity have the UVPG are direct and indirect effects of a become established as sub-categories of the project or the implementation of a plan or legally protected assets: avifauna: programme on the protected assets. seabirds/resting and migratory birds, benthos, According to Article 3 UVPG, environmental biotope types, plankton, marine mammals, fish impact assessments comprise the identification, and bats. Figure 2: Overview of the protected assets in the environmental assessments. Introduction 5 In detail, the staged planning process is as marine environment in whole or in follows: part  International Convention for the 1.3.1.1 Maritime spatial planning (EEZ) Prevention of Pollution from Ships, 1973 1.3.1.2 Site Development Plan as modified by the Protocol of 1978 (MARPOL 73/78) 1.3.1.3 Preliminary investigation  Convention on the Prevention of Marine Pollution by Dumping of Wastes and 1.3.1.4 Approval procedure (planning Other Matter (London, 1972) and approval and planning permission Protocol, 1996 procedure) for offshore wind turbines  United Nations Convention on the Law of the Sea dated 1982 1.3.1.5 Approval procedure for grid connections (converter platforms 1.4.1.2 Regional conventions on the and subsea cable systems) protection of the marine environment 1.3.1.6 Cross-border cables  Convention for the Protection of the Marine Environment of the Baltic Area 1.4 Presentation and consideration 1992 of environmental protection (Helsinki Convention) objectives  UNECE Convention on the EIA in a The establishment, updating and amendment of transboundary context (Espoo- the Site Development Plan and implementation Konvention1) of the SEA take into account the environmental  UNECE-Protokoll on SEA to the protection objectives. These provide information convention on EIA in a transboundary on what state of the environment is being context (SEA-Protokoll) sought in the future (environmental quality targets). The environmental protection 1.4.1.3 Agreements specific to factors objectives can be gathered in an overall view  Convention on the Conservation of from the international, common and national European Wildlife and Natural Habitats, conventions and regulations which deal with 1979 (Bern Convention) protection of the marine environment and on the basis of which the Federal Republic of  Convention on the Conservation of Germany has committed itself to certain Migratory Species of Wild Animals, 1979 principles and objectives. (Bonn Convention) Within the framework of the Bonn Convention, 1.4.1 International conventions on the regional agreements for the conservation of the protection of the marine environment species listed in Annex II were concluded in The Federal Republic of Germany is a party to all relevant international conventions on protection of the marine environment. 1 Convention from 25. 2. 1991 about the EIA in a transboundary context, implemented by the Espoo-Act of 1.4.1.1 Conventions in force throughout 7. 6. 2002, BGBl. 2002 II, S. 1406 ff. and the Second the world that serve to protect the Espoo-Act from 17. 3. 2006, BGBl. 2006 II, S. 224 f 6 Introduction accordance with Art. 4 no. 3 of the Bonn habitats and of wild fauna and flora Convention: (Flora and Fauna Habitats Directive)3,  Agreement on the Conservation of  Directive 2000/60/EC of the European African-Eurasian Migratory Waterbirds, Parliament and the Council dated 23 1995 (AEWA) October 2000 for the establishment of a Framework for Community Action in the  Agreement on the Conservation of Small field of Water Policy (Water Framework Cetaceans of the Baltic and North Seas, Directive, WRRL) 1991 (ASCOBANS)  Directive 2001/42/EC of the European  Agreement on the Conservation of Seals Parliament and of the Council of 27 in the Wadden Sea, 1991 June 2001 on the assessment of the  Agreement on the Conservation of effects of certain plans and programmes Populations of European Bats, 1991 on the environment (Strategic (EUROBATS) Environmental Assessment Directive, SEA Directive)  Convention on Biological Diversity, 1993  Directive 2008/56/EC of the European 1.4.2 Environmental and nature Parliament and the Council dated 17 conservation requirements at EU June 2008 for the establishment of a level Framework for Community Action in the The material scope of application of the TFEU2 field of Marine Environment (Marine and thus in principle also that of secondary law Strategy Framework Directive, MSRL) is extended if the Member States experience an  Directive 2009/147/EC of the European increase in rights in an area outside their Parliament and of the Council on the territory which they have transferred to the EU conservation of wild birds (Birds (ECJ, Commission/United Kingdom, 2005). In Directive) the field of protection of the marine environment, nature conservation or water  Richtlinie 2009/147/EG des Europäischen protection, the applicability of the legal EU Parlaments und Rates über die Erhaltung requirements is also valid for the EEZ. der wildlebenden Vogelarten (V-RL) The relevant EU legislation is to be taken into 1.4.3 Environmental and nature account: conservation requirements at  Council Directive 337/85/EEC of 27 national level June 1985 on the assessment of the There are various legal provisions at a national effects of certain public and private level, too, and their specifications must be projects on the environment taken into account in the environmental report. (Environmental Impact Assessment  Act for regulating water resources Directive, EIA Directive) (WHG)  Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural 3 Council Directive 92/43/EEC of 21 May 1992 on the 2 Treaty on the Functioning of the European Union, OJ EC conservation of natural habitats and of wild fauna and no. C 115, dated 09.05.2008, p. 47. flora, OJ L 206 dated 22.07.1992. Introduction 7  Act concerning nature conservation and  Protected region regulations landscape management (Federal Nature Conservation Act - BNatSchG) 1.4.4 The Federal Government's energy and climate conservation aims  Act concerning the environmental impact assessment (UVPG)  Act concerning the development and promotion of offshore wind energy (Offshore Wind Energy Act - WindSeeG) Figure 3: Overview of the standards of the relevant legal acts for the SEA. 8 Introduction environmental effects, they can also lead to 1.5 Strategic Environmental effects, making a review necessary. Assessment methodology The following specifications are each examined 1.5.1 Introduction with regard to their anticipated significant environmental effects relating to factors: When carrying out the Strategic Environmental Assessment, various approaches to the  Areas and sites for offshore wind planning status can be considered within the energy, including specification of the framework of the methodology. This anticipated capacity environmental report builds on the methodology already used for the Strategic Environmental  Routes and corridors, including gates Assessment of the 2019 Site Development  Locations for platforms (converter Plan. and collector platforms and The methodology is based primarily on the transformer platforms) specifications of the plan that are to be  Designation of other assessed. Within the framework of this SEA, whether the specifications are likely to have  Energy production areasRelevant significant effects on the factors in question is planning and technical principles identified, described and evaluated for the individual specifications. In accordance with 1.5.2 Area of investigation section 1 subsection 4 of the Environmental Impact Assessment Act in conjunction with The description and assessment of the state of section 40 subsection 3 of the Environmental the environment relates primarily to the Baltic Impact Assessment Act, in the environmental Sea EEZs, for which the FEP essentially makes report the competent authority provisionally specifications. The SEA study area covers the assesses the environmental effects of the German EEZ of the Baltic Sea (Figure 7). specifications with regard to effective Since the FEP does not define the western part environmental precautions in accordance with of the Baltic Sea EEZ up to the Fehmarnbelt applicable laws. According to the special legal nature reserve, this part of the EEZ is not standard of section 5 subsection 3 WindSeeG, included in the SEA in detail. In the adjacent the specifications must not endanger the territorial sea, areas are also designated via an marine environment. administrative agreement with the state of The subject matter of the environmental report Mecklenburg-Vorpommern. These definitions corresponds to the provisions of the Site are also part of the study area and will be Development Plan as stated in section 5 reviewed for their cumulative effects with the subsection 1 WindSeeG (see 1.3). However, definitions in the EEZ. the relevant factors here are not so much the The adjoining territorial sea and the adjacent specifications in concrete temporal terms, as areas of the riparian states are not directly the chronological order of the call for tenders or covered by this plan, but they are included in the calendar years of commissioning, as there the cumulative and transboundary are no further environmental effects in this consideration in the context of this SEA. regard compared with the environmental specifications. Although some planning and technical principles serve to mitigate Introduction 9 Figure 4: Presentation of the SEA study area for the Baltic Sea for the site development plan. 10 Introduction Also relevant are the characteristics of the plan, 1.5.3 Implementation of the environmental in particular assessment - the extent to which the plan sets a framework The assessment of the likely significant for projects and other activities in terms of environmental effects of the implementation of location, type, size and operating conditions or the FEP includes secondary, cumulative, through the use of resources synergistic, short-, medium- and long-term, permanent and temporary, positive and - the extent to which the plan influences other negative effects in terms of the goods to be plans and programmes, including those in a protected. Secondary or indirect effects are planning hierarchy; understood to be those which are not - the relevance of the plan for the integration of immediate and therefore may take effect only environmental considerations, in particular with after some time and/or in other places. a view to promoting sustainable development; Occasionally we also speak of consequential effects or interactions. - the environmental issues relevant to the plan; Possible impacts of plan implementation are - the relevance of the plan for the described and assessed in relation to the implementation of Community environmental protected property. A uniform definition of the legislation (e.g. plans and programmes term "significance" does not exist, since it is a concerning waste management or water "individually determined significance" which protection) (Annex II SEA Directive). cannot be considered independently of the The sectoral legislation provides further details "specific characteristics of plans or on when an impact reaches the materiality programmes" (SOMMER, 2005, 25f.). In threshold. Threshold values have been general, significant impacts can be understood developed under the legislation in order to be to be effects that are serious and significant in able to make a delimitation. the context under consideration. The description and assessment of potential According to the criteria of Annex 6 of the environmental impacts is carried out separately UVPG, which are decisive for the assessment for areas and sites, platforms, submarine cable of likely significant environmental impacts, systems and other energy production areas, significance is determined by taking into account the assessment of their - "the probability, duration, frequency and status. Furthermore, a differentiation according irreversibility of the effects to different technical designs is made where necessary. The description and assessment of - the cumulative nature of the effects; the probable significant impacts of the - the transboundary nature of the impacts; implementation of the plan on the marine environment also relate to the protected - the risks to human health or the environment interests described. All contents of the plan that (e.g. in the event of accidents); could potentially have significant environmental - the magnitude and spatial extent of the impacts are examined. effects; In this context, both the construction and - the importance and sensitivity of the area deconstruction as well as the plant-related and likely to be affected, due to its specific natural operational impacts are considered. In addition, characteristics or cultural heritage, the effects that may arise within the scope of exceedance of environmental quality standards maintenance and repair work are taken into or limit values and intensive land use; account. This is followed by a description of possible interactions, a consideration of - the impact on areas or landscapes whose possible cumulative effects and potential status is recognised as protected at national, transboundary impacts. Community or international level". Introduction 11 The following objects of protection are In general, the following methodological considered with regard to the assessment of approaches are used in environmental the environmental status: assessment:  - Area/ soil - Qualitative descriptions and assessments  - Water - Quantitative descriptions and assessments  - Plankton - Evaluation of studies and technical literature,  - Biotope types expert opinions  - Benthos - Visualizations  - Fish - Worst-case assumptions  - Marine mammals - trend assessments (e.g. on the state of the art of installations)  - Avifauna - Assessments by experts/the professional  - bats public  - Biological diversity An assessment of the impacts caused by the  - Air FEP's specifications is carried out on the basis  - Climate of the status description and status assessment and the function and significance of the  - Landscape individual areas, sites and routes for the  - cultural heritage and other tangible individual objects of protection on the one hand, assets and the impacts emanating from these specifications and the resulting potential  - people, in particular human health impacts on the other. A forecast of the project-  - Interactions between protected related impacts when the FEP is implemented goods is made on the basis of the criteria of intensity, scope and duration of the effects (cf. Figure 8). 12 Introduction Figure 5: General methodology for assessing likely significant environmental impacts. marine mammals, the criteria used are 1.5.4 Criteria for status description and protection status, assessment of occurrence, status assessment assessment of spatial units and prior The condition of the individual protected assets contamination. For migratory birds, the aspects is assessed on the basis of various criteria. For of rarity, endangerment and existing pressures the protected assets of area/soil, benthos and are taken into account, as are the aspects of fish, the assessment is based on the aspects of occurrence assessment and the area's rarity and vulnerability, diversity and peculiarity, significance for bird migration over a large area. and existing impacts. The description and assessment of marine mammals and marine The following is a summary of the criteria used and resting birds is based on the aspects listed for the status assessment of the respective in the figure. Since these are highly mobile protected property. This overview deals with the species, an approach analogous to that for the protected assets that are considered in the protected goods area/soil, benthos and fish is focus area. not appropriate. For seabirds, resting birds and Introduction 13 Area/soil Aspect: Rarity and endangerment Criterion: Percentage of sediments on the seabed and distribution of the morphological inventory of forms. Aspect: Diversity and specificity Criterion: Heterogeneity of the sediments on the seabed and formation of the morphological inventory of forms. Aspect: Preload Criterion: Extent of the anthropogenic preload of the sediments on the sea floor and the morphological inventory of forms. Benthos Aspect: Rarity and endangerment Criterion: Number of rare or endangered species based on the Red List species identified (Red List by RACHOR et al. 2013). Aspect: Diversity and individuality Criterion: Number of species and composition of the species communities. The extent to which species or communities characteristic of the habitat occur and how regularly they occur is assessed. Aspect: Preload For this criterion, the intensity of fishing exploitation, which is the most effective disturbance variable, will be used as a benchmark. Eutrophication can also affect benthic communities. For other disturbance variables, such as vessel traffic, pollutants, etc., there is currently a lack of suitable measurement and detection methods to be able to include them in the assessment. Biotope types Aspect: Rarity and endangerment Criterion: national conservation status and endangerment of biotope types according to the Red List of Endangered Biotope Types in Germany (FINCK et al., 2017). Aspect: Preload Criterion: Hazard due to anthropogenic influences. 14 Introduction Fish Aspect: Rarity and endangerment Criterion: Proportion of species considered endangered according to the current Red List marine fish (THIEL et al. 2013) and for the diadromous species on the Red List freshwater fish (FREYHOF 2009) and assigned to Red List categories. Aspect: Diversity and specificity Criterion: The diversity of a fish community can be described by the number of species (α-Diversity, 'Species richness'). The species composition can be used to assess the specific nature of a fish community, i.e. how regularly habitat-typical species occur. Diversity and specificity are compared and assessed between the Baltic Sea as a whole and the German EEZ, as well as between the EEZ and individual areas. Aspect: Preload Criterion: The naturalness of a fish community is defined as the absence of anthropogenic influences. Through the removal of target species and by-catch, as well as the impact on the seabed in the case of bottom-dwelling fishing methods, fisheries are considered the most effective disturbance to the fish community and therefore serve as a measure of the bias of fish communities in the Baltic Sea. There is no assessment of stocks on a smaller spatial scale. The input of nutrients into natural waters is another way in which human activities can affect fish communities. Eutrophication is therefore used to assess the biota. Marine mammals Aspect: Protection status Criterion: Status under Annex II and Annex IV of the Habitats Directive and the following international protection agreements: Convention on the Conservation of Migratory Species of Wild Animals (Bonn Convention, CMS), ASCOBANS (Agreement on the Conservation of Small Cetaceans of the Baltic and North Seas), Convention on the Conservation of European Wildlife and Natural Habitats (Bern Convention) Aspect: Assessment of the occurrence criteria: Stock, stock changes/trends based on large-scale surveys, distribution patterns and density distributions Aspect: Evaluation of spatial units criteria: Function and importance of the German EEZ and the areas defined in the FEP for marine mammals as transit areas, feeding grounds or breeding grounds Aspect: Preloas Criterion: Hazards due to anthropogenic influences and climate change. Introduction 15 Seabirds and resting birds Aspect: Protection status Criterion: Annex I status Species of the Birds Directive, European Red List from BirdLife International Aspect: Assessment of the occurrence criteria: Baltic Sea stock and EEZ stock, large-scale distribution patterns, abundances, variability Aspect: Evaluation of spatial units criteria: Function of the areas defined in the FEP for relevant breeding birds, migrants, as resting areas, location of protected areas Aspect: Preload Criterion: Hazards due to anthropogenic influences and climate change. Migratory birds Aspect: The importance of bird migration over a large area Criterion: Guidelines and areas of concentration Aspect: Assessment of the occurrence Criterion: draught and its intensity Aspect: Rarity and endangerment Criterion: Number of species and endangered status of the species involved according to Annex I of the Birds Directive, Bern Convention of 1979 on the Conservation of European Wildlife and Natural Habitats, Bonn Convention of 1979 on the Conservation of Migratory Species of Wild Animals, AEWA (African-Eurasian Waterbird Agreement) and SPEC (Species of European Conservation Concern). Aspect: Preload Criterion: Prior pollution/hazards due to anthropogenic influences and climate change. 16 Introduction the basis of the status assessment described 1.5.5 Specific assumptions for the above. The following table lists, on the basis of assessment of likely significant the key impact factors, those potential environmental impacts environmental impacts which form the basis for The description and assessment of the the assessment of the likely significant probable significant impacts of the environmental impacts. The effects are implementation of the FEP on the marine distinguished according to whether they are environment will be carried out separately for caused by construction, decommissioning, areas and land, platforms, submarine cable operation or the installation itself. systems and other energy production areas on Table 1: Project-related effects in the implementation of the FEP. Object of Effect Potential impact (De)Con struction Commis Turbine protection sioning Areas/ Sites and Platforms Soil Placement of hard substrate change of habitats X (foundations) permanent land use change of habitats X Scouring/sediment relocation change of habitats X Benthos formation of turbidity plumes Impact on benthic species X Resuspension of sediment Impairment or damage to benthic X and sedimentation species or communities Placement of hard substrate Change of habitats, habitat loss X Fish Sediment swirls and turbidity Physiological effects and frightening X plumes effects Noise emissions during pile Averting X driving Land use Local habitat loss X Placement of hard substrate Attraction effects, increase in X species diversity Seabirds Visual unrest due to Local scaring and barrier effects X and construction activity resting Obstacle in airspace Scaring effects => habitat loss X Introduction 17 birds Lightemissions Attraction effects X X Maintenance-related ship Scaring effects => habitat loss X traffic Migratory Obstacle in airspace Bird strike X birds Barrier effect Lightemissions Attraction effects => bird strike X X Marine Noise emission during pile Danger if no prevention and X mammals driving reduction measures are taken Sea cable systems Soil Placement of hard substrate change of habitats X (Stone pile) Benthos Heat emissions Impairment/displacement of cold- X water loving species magnetic fields Impact on benthic species X formation of turbidity plumes Impact on benthic species X Insertion of hard substrate change of habitats, habitat loss X (cable crossing) Fish formation of turbidity plumes Physiological effects and frightening X effects magnetic fields Impairment of the orientation X behaviour of individual migratory species 18 Introduction In addition to the impacts on the individual can be caused by the coincidence of effects in objects of protection, cumulative effects and time and space. Impacts of the construction interactions between objects of protection are phase are mainly of a short-term and temporary also examined nature, while plant-related and operational impacts can occur permanently. The impact 1.5.6 Cumulative consideration may be intensified by similar uses or different According to Art.5 (1) SEA Directive, the uses with the same effect, thus increasing the environmental report also includes an impact on one or more protected assets. assessment of cumulative effects. Cumulative The focus in the environmental report on the effects arise from the interaction of various FEP is on the cumulative consideration of independent individual effects which either add similar uses, namely those for which the FEP up through their interaction (cumulative effects) makes stipulations. A cumulative consideration or reinforce each other and thus generate more of different uses, i.e. intersectoral, is carried out than the sum of their individual effects within the framework of the SEA at the higher (synergistic effects) (e.g. SCHOMERUS et al., level of the spatial development plan for the 2006). Both cumulative and synergetic effects EEZ. Figure 6: Exemplary cumulative effect of similar uses (effects of energy on underwater sound and marine mammals). In order to examine the cumulative effects, it is 1.5.7 Interactions necessary to assess the extent to which the provisions of the plan, when taken together, can In general, impacts on a protected good lead to be expected to have a significant adverse various consequences and interactions effect. An examination of the areas is between the protected goods. The essential performed at the level of this sectoral plan on interdependence of the biotic objects of protection exists via the food chains. Due to the the basis of the current state of knowledge within the meaning of Art. 5 para. 2 SEA variability of the habitat, interactions can only Directive. An important assessment basis for be described in very imprecise terms overall. this is the noise abatement concept of the BMU (2013). Introduction 19 1.5.8 Specific assumptions for the - installations already in operation or in the assessment of likely significant licensing procedure (as reference and existing environmental impacts load) In detail, the analysis and examination of the - Transfer of the average parameters of the respective provisions is as follows: installations commissioned in the last 5 years to Areas and Sites, including the expected the areas to be planned in the central model capacity to be installed: - Assumption that existing projects will be Regarding the areas, irrespective of the realised on the basis of effective authorisation concrete definition in the plan and the during the transition period (worst-case probability of realisation, a total of 13 areas are scenario) assumed in the sense of a worst-case - Forecast of certain technical developments. consideration. In accordance with section 5 (1) The following tables provide an overview of the no. 5 WindSeeG, the expected installed capacity of offshore wind turbines is to be parameters to be used. It should be noted here determined in the FEP for the areas. For this that these are only partly estimation-based purpose, the sites within the areas are assumptions, as project-specific parameters are not or cannot be checked at SEA level. essentially assigned to two categories within the framework of the legal requirements on the In order to depict the spectrum of possible basis of criteria such as area geometry, wind realistic developments, the Strategic speed, state of the art of offshore wind energy Environmental Assessment is essentially based installations and grid connection capacity. On on a range of the above-mentioned model the basis of these parameters and parameters. assumptions, the power density to be applied is In contrast to the approach used in the SEA for determined in megawatt/km² per area. the FEP 2019, the individual parameters are To support the plausibility check of the presented in the form of a possible bandwidth methodology for determining the expected and not, as in 2019, as separate model wind power to be installed on the respective areas, farms in the form of two scenarios. This wind farm planning is simulated in the form of approach allows for greater flexibility in the models with, among other things, wind turbines subsequent assessment within the scope of the that may be available in the future. Although suitability test and the approval procedures by one or more layouts for offshore wind farm more frequently assuming "worst-case" planning are not used as a basis for considerations. The respective worst case must determining the expected installed capacity, be defined for the individual objects of certain parameters are assumed in this SEA for protection. For the 2021 tender year (sites O-1- a consideration related to the protection of the 3, N-3.7 and N-3-8), the parameters from the environment. In detail, these are, for example, FEP 2019 assessment framework and the number of turbines, hub height [m], height environmental report remain valid. Due to the of the lower rotor tip [m], rotor diameter [m], year of commissioning in 2026, an adjustment total height [m] of the turbines, diameter of does not appear necessary. foundation types [m] and diameter of scour Furthermore, the parameters will be adapted to protection [m]. the advancing state of the art. In the currently The Strategic Environmental Assessment takes ongoing approval procedures for OWPs, it can particular account of these factors: be seen that a nominal capacity of 10 MW can 20 Introduction already be considered state of the art for wind advancing state of the art, especially in the later farms in the transitional system. Similarly, the years of commissioning. parameters in the upper range of the bandwidth are being raised to take account of the Table 2: Parameters for the consideration of areas park internal and sites cabling [km/MW] Number converter 1 1 1 Range platforms from to Area Foundation ca. 600 ca. 600 ca. 600 Power pro turbine [MW] 10 20 Converter platform Hub Height [m] 125 200 [m²] Height lower rotor tip [m] 25 50 Number 0 2 0 Rotor diameter [m] 200 300 transformer Total height [m] 225 platform 350 Diameter foundation [m]* 10 15 Number 2 0 2 Diameter scour protection 50 accomodation 75 [m] platforms * The calculation of the land use is based on the Diameter ca. 2 x ca. 2 x ca. 2 x assumption of a monopile foundation. However, it is foundation [m]** 10 10 10 assumed that monopile and jacket together have Area foundation ca. 160 ca. 160 ca. 160 about the same total land use on the sea bed. excl. scour protection [m2] Sites for platforms (transformer or residential Diameter scour ca. 2 x ca. 2 x ca. 2 x platforms) 50 50 50 protection [m] A similar approach is followed for the Area foundation ca. ca. ca. assessment of the sites for platforms incl. scour 4.000 4.000 4.000 (transformer, converter or residential platforms). protection [m] Here, too, certain parameters such as the * The figures for transformer/residential platforms number of platforms, length of the internal refer to the number of transformer/residential cabling [km], diameter of one or more platforms per grid connection (only for completions from 2026) for the different connection concepts. foundations [m] and area for foundations Only the length of the park-internal cabling depends (including scour protection) [m²] are assumed on the expected installed capacity of the respective Table 3: Parameters for the consideration of network area and was determined on the basis of existing connections and platforms plans. 320 kV 525 ** The calculation of the land use is based on the kV assumption of a monopile foundation. It is assumed Network that monopile and Jacket each have approximately connection 66 kV 155 kV 66 kV the same total land use on the sea bed. converter platforms, Routing and route corridors for submarine cable Transformer / systems accomodation platforms* The definition of route and route corridors for specific length ca. 0,12 ca. 0,12 ca. submarine cable systems (connecting lines, 0,12 cross-border submarine cable systems and Introduction 21 interconnections) is based on the assumption of certain widths of the cable trench [m] and a certain area of the crossing structures [m2]. In particular, the environmental impacts caused by construction, operation and repair are considered. 22 Introduction Table 4: Parameters for the consideration of sea cable systems Sea Cable System Width cable trench ca. 1 [m] Area of intersection ca. 900 buildings [m2] With regard to the technical principles for the grid connection of offshore wind farms in the Other energy production areas Baltic Sea for the area of the EEZ, a connection For the definition of "other energy production concept based on three-phase current areas", the Strategic Environmental technology with a transmission voltage of +/- Assessment is based on the assumption of a 220 kV will be used, analogous to the existing "classical" offshore wind farm on the basis of grid connections, when the transmission grid existing knowledge of electricity production. operator uses the transformer platform. This Environmental impacts going beyond this are has already been defined within the framework highly dependent on the respective type of use of the BFO Baltic Sea and was accordingly and should therefore be comprehensively already the subject of the reviews in the examined at approval level. In this respect, the environmental reports on the BFO Baltic Sea. SEA for other energy production areas is carried out in the same way as the assessment 1.6 Data sources and indications of of areas for offshore wind energy and is based difficulties in compiling the on the same model parameters. documents Relevant planning and technical principles A description and assessment of the state of By regulating planning and technology the environment in the investigation area form principles in the FEP, the required land use can the basis for the SEA. All factors must be be minimised and potential environmental included. The data source forms the basis for impacts reduced to a minimum. The the as-sessment of the likely significant predominant number of planning principles environmental effects, assessment of natural serve to avoid or reduce environmental impacts habitat and wild-life conservation regulations and are not expected to lead to significant and the alternative assessment. impacts. According to section 39 subsection 2 sentence The FEP also contains some planning 2 of the Environmental Impact Assessment Act, principles that do not relate to the reduction of the environmental report contains the infor- environmental impacts. If these are based on mation that can be obtained with reasonable regional planning objectives, they must be effort, taking into account the current state of adhered to simply because the regional knowledge and public statements known to the planning objectives are binding. Remaining authority, generally accepted assessment planning principles are examined for likely methods, content and level of detail of the plan significant environmental impacts on protected and its position in the decision-making process. assets. Introduction 23 According to section 40 subsection 4 of the En-  Human beings and human health vironmental Impact Assessment Act, infor- mation available to the competent authority  Interrelationships between factors. from other procedures or activities may be in- cluded in the environmental report if it is suitable for the intended purpose and sufficiently up-to-date. 1.6.1 Overview of data source The environmental report will be based on the The data and knowledge situation has improved environmental assessments that were carried considerably in recent years, particularly as a out when the FEP 2019 was established. result of the extensive data collection within the The draft environmental report will describe and framework of environmental compatibility stud- assess the current state of the environment and ies and the construction and operation monitor- present the likely development in the event of ing for the offshore wind farm projects and the non-implementation of the plan. On the other accompanying ecological research. hand, it will forecast and assess the likely signif- In general, the following data are used as a ba- icant environmental impacts resulting from the sis for the environmental report: implementation of the plan. - Data and findings from the operation of off- A detailed description and assessment of the shore wind farms state of the environment is the basis for the as- sessment of possible effects. The description - Data and findings from approval procedures and assessment of the current state of the envi- for offshore wind farms, submarine cable sys- ronment and the probable development in the tems event of non-implementation of the plan will be - Results from the preliminary area survey carried out with regard to the following objects - Results of the monitoring of Natura 2000 sites of protection: - Mapping instructions for §30 biotope types  Area/Soil - MSRL initial and progress evaluation  Water - HELCOM status reports  Plankton - Findings and results from R&D projects com-  Biotopes missioned by BfN and/or BSH and from ac- companying ecological research  Benthos - Results from EU cooperation projects, such as  Fish Pan-Baltic Scope and SEANSE  Marine mammals - Studies/ Technical literature  Resting and migratory birds - Current red lists  Air - Comments of the technical authorities  Climate - Comments from the (specialist) public  Landscape A detailed overview of the individual data and  Cultural heritage, other material assets knowledge bases can be found in the Annex (Chapter 8) of the framework study. 24 Introduction Since the data basis may vary depending on currently being prepared within the the protected property, the data basis is framework of ongoing BfN R&D projects discussed at the beginning of Chapter 2 with a spatial focus on nature 1.6.2 Indications of difficulties in compiling conservation areas. To date, there is a the documents lack of detailed mapping of biotope Indications of difficulties arising when compiling types, including legally protected the data, such as technical gaps or lack of knowledge, are to be presented according to biotopes under Article 30 BNatSchG, in section 40 subsection 2 no. 7 UVPG. The the EEZ outside nature conservation description and evaluation of the individual areas. factors (chapter Fehler! Verweisquelle konnte nicht gefunden werden.) make it clear that  For the assessment of compliance with there are still gaps in knowledge in places. requirements regarding temperature Information gaps exist in particular with regard increases in sediment, reference is to the following points: made to planning principle 4.4.4.8.  Long-term effects from the operation of 1.6.2.2 Benthos offshore wind farms and associated  It is not possible to predict reliably the systems, such as converter platforms anticipated effects of the introduction of  Data for assessment of the state of the hard substrate on the development of environment of the various factors in the benthic communities. area of the outer EEZ. 1.6.2.3 Fish 1.6.2.1 Soil/area and biotope types  There is a lack of more detailed information  To date, a detailed area-wide mapping on pelagic fish. of the sediment distribution in the EEZ  Information on the reaction of fish to noise outside the nature reserves is missing. emissions is available only to a very limited extent. The description and assessment of environmental impacts with regard to  The likely effects of habitat change on the development of fish fauna due to the the soil as a protected resource is based introduction of hard substrate are still primarily on the evaluation of selective largely unknown. data collection. In particular, there is a 1.6.2.4 Seabirds and resting birds lack of a comprehensive sediment  The species-specific risk of seabirds description with regard to the detailed colliding with offshore wind turbines can distribution of coarse-sand-fine gravel only be partially predicted and is currently being recorded with the investigations areas and residual sediments in the according to StUK4 in the operating phase, form of gravel, stones and blocks. but also in ongoing research projects. In  A detailed and area-wide mapping of particular, suitable technology for recording effects is being developed. marine biotope types in the EEZ is Introduction 25  Behavioural changes and habituation offshore wind farms. Data is collected effects among disturbance-sensitive regularly as part of the monitoring of nature species in the German EEZ have only been conservation areas on behalf of the Federal investigated since the commissioning of the Agency for Nature Conservation. Finally, first large, commercial wind farms, research projects provide data on specific including the converter platforms. issues. SCANS observations are providing Operational monitoring is still ongoing. information for the entire distribution area of harbour porpoise so as to allow the  There is still insufficient knowledge of the abundance of the entire population of effects of disturbances or habitat loss at harbour porpoise to be assessed. species population level, and these will only be investigated on the basis of the 1.6.2.7 Bats data currently being collected.  There is a lack of knowledge about the 1.6.2.5 Migratory birds quality and quantity of migratory bat populations in the North Sea.  There is currently a lack of sufficient knowledge of the effects of offshore  There is currently a lack of sufficient construction in some areas. Knowledge knowledge of the effects of offshore from coastal waters and on land is only construction. Knowledge from coastal transferable to a very limited extent due to waters and on land is only transferable to a the different conditions. very limited extent due to the different conditions.  The species-specific risk of migratory birds colliding with offshore wind turbines is  The species-specific risk of bats colliding largely unknown. with offshore wind turbines is largely unknown.  Possible barrier impacts of offshore wind turbines on species-specific sea migration 1.6.2.8 Summary routes are largely unexplored. In principle, forecasts on the development of  Whether the intensity of broad front the living marine environment after migration of songbirds decreases implementation of the Site Development Plan according to the distance from the coast is are subject to specific uncertainties. Long-term not clear for the bulk of songbirds that data series or analytical methods are often migrate at night. lacking, e.g. for intersection of extensive information on biotic and abiotic factors so as to 1.6.2.6 Marine mammals provide a better understanding of complex  The data availability can currently be interrelationships in the marine ecosystem. described as very good: the data is In particular, there is a lack of extensive, systematically quality-assured and used for detailed sediment and biotope mapping outside studies, so the current state of knowledge the nature conservation areas of the EEZ. As a on the occurrence of marine mammals in result, there is no scientific basis to permit German waters can also be classified as assessment of the effects of the possible use of good. strictly protected biotope structures. Research  The most comprehensive data source is and university institutions, and an provided by data from environmental environmental consultancy, are currently impact studies and the monitoring of carrying out sediment and biotope mapping with 26 Introduction spatial emphasis in the nature conservation areas on behalf of the Federal Agency for Nature Conservation and in cooperation with the Federal Maritime and Hydrographic Agency. Furthermore, there are no scientific assessment criteria for some factors, both with regard to the assessment of their status and with regard to the effects of anthropogenic activities on the development of the living marine environment, to allow cumulative effects to be considered in both temporal and spatial terms. Various R&D studies on assessment approaches, including for underwater noise, are currently being developed on behalf of the Federal Maritime and Hydrographic Agency. These projects are being used for continuous refinement of a consistent, quality-assured basis of information on the marine environment for assessment of possible effects of offshore installations. Overall, the following recommendations can be made for the development of criteria for assessment of effects and the status of protected biological assets:  Consolidation of results and evaluation of all existing data relating to factors,  Intersection of biological data with information from marine physics, marine chemistry, marine geology and marine meteorology,  Review of methods, in particular with regard to possible cumulative or transboundary impacts, for developing assessment criteria with regard to the condition of the living marine environment,  Evaluation of effect monitoring so as to be able to record possible effects on factors. Description and assessment of state of the environment 27 2 Description and 2.2.6.1 Metals assessment of state of the 2.2.6.2 Organic substances environment 2.2.6.3 Radioactive substances (radionuclides) 2.1 Introduction According to section 40 subsection 2 no. 3 of 2.2.6.4 Inherited waste the Environmental Impact Assessment Act, the environmental report includes a description 2.2.7 Status assessment of the characteristics of the environment and 2.2.7.1 Natural factors the current state of the environment in the SEA investigation area. The description of the 2.2.7.2 Anthropogenic factors current state of the environment is necessary in order to predict its change when the 2.3 Water plan/programme is implemented. The survey considers the factors listed in section 2 2.3.1 Currents subsection 1 sentence 2 nos. 1 to 4 and interrelationships between them. The 2.3.2 Swell and water level fluctuations information is presented in a problem-oriented fashion. Priority will therefore be given to 2.3.3 Surface temperature and temperature potential initial loads, environmental elements stratification that are particularly worthy of protection, and the factors on which the implementation of the 2.3.4 Surface salinity and salinity plan will have a greater impact. In spatial terms, stratification the description of the environment is based on 2.3.5 Ice conditions the relevant environmental effects of the plan. Depending on the type of impact and the factor 2.3.6 Suspended matter and turbidity in question, these will have differing extents and may go beyond the limits of the plan 2.3.7 Status assessment with regard to (Landmann/Rohmer, 2018). nutrient and pollutant distribution 2.2 Soil/Area 2.3.7.1 Nutrients 2.2.1 Object of protection soil/area 2.3.7.2 Oxygen 2.2.2 Data availability 2.3.7.3 Metals 2.2.3 Geomorphology 2.3.7.4 Organic pollutants 2.2.4 Sediment distribution on the seabed 2.3.7.5 Radioactive substances (radionuclides) 2.2.5 Geological structure of the near- surface subsoil 2.4 Plankton 2.2.6 Distribution of pollutants in the 2.4.1 Data availability and monitoring sediment 28 Description and assessment of state of the environment programmes 2.6.2.1 The macro-zoobenthos of the German Baltic Sea 2.4.2 Spatial distribution and temporal variability of phytoplankton 2.6.2.2 Benthic communities 2.4.3 Spatial distribution and temporal 2.6.2.3 Red List species variability of zooplankton 2.6.2.4 Benthic algae 2.4.4 Status assessment of plankton 2.6.3 Status assessment of the factor 2.5 Biotopes Benthos 2.5.1 Data availability 2.6.3.1 Importance of areas and sites for benthic communities 2.5.2 Biotopes in the German Baltic Sea 2.7 Fish 2.5.3 Legally protected marine biotopes according to section 30 of the Federal 2.7.1 Data availability Nature Conservation Act and FFH habitat types 2.7.2 Spatial distribution and temporal variability 2.5.3.1 Reefs 2.7.2.1 Fish fauna in the German EEZ 2.5.3.2 Sandbanks 2.7.2.2 Red List species in the German 2.5.3.3 Seagrass beds and other marine EEZ macrophyte stocks 2.7.3 Status assessment of the factor Fish 2.5.3.4 Species-rich gravel, coarse sand and shell layers in marine and 2.7.3.1 Importance of areas and sites for coastal areas fish 2.5.4 Status assessment 2.8 Marine mammals 2.5.4.1 Importance of areas and sites for 2.8.1 Data availability biotopes 2.8.2 Spatial distribution and temporal 2.6 Benthos variability 2.6.1 Data availability 2.8.2.1 Harbour porpoise 2.6.2 Spatial distribution and temporal 2.8.2.2 Seals and grey seals variability 2.8.3 Status assessment of the factor Marine mammals Description and assessment of state of the environment 29 2.8.3.1 Importance of areas and sites for 2.10.2.1 Bird migration over the western marine mammals Baltic Sea 2.8.3.2 Protection status 2.10.2.2 Species composition 2.8.3.3 Hazards 2.10.3 Status assessment of the factor Migratory birds 2.9 Seabirds and resting birds 2.10.3.1 Anthropogenic influences on bird 2.9.1 Data availability migration 2.9.2 Spatial distribution and temporal 2.10.3.2 Climatic changes variability 2.10.3.3 Importance of areas and sites for 2.9.2.1 Abundance of seabirds and resting migratory birds birds in German waters in the Baltic Sea 2.9.2.2 Common species and species of special importance for the nature conservation area "Pomeranian Bight – Rönnebank" 2.9.2.3 Occurrence of seabirds and resting birds in the areas 2.9.3 Status assessment of seabirds and resting birds 2.9.3.1 Importance of areas and sites for seabirds and resting birds 2.9.3.2 Protection status 2.9.3.3 Hazards 2.10 Migratory birds 2.10.1 Data availability 2.10.2 Spatial distribution and temporal variability of migratory birds 30 Description and assessment of state of the environment 2.11 Bats and bat migration 2.11.1 Data availability 2.11.2 Migration and migratory movements of bats over the Baltic Sea 2.11.3 Conservation status of potentially migratory bat species in countries adjacent to the Baltic Sea 2.11.4 Hazards to bats 2.12 Biodiversity 2.13 Air 2.14 Climate 2.15 Landscape 2.16 Cultural heritage and material assets 2.17 Human beings, including human health 2.18 Interrelationships between the factors Expected development in the event of non-implementation of the plan 31 3 Expected development in implementation of the plan), but in fact can be reduced by the Site Development Plan on the event of non- account of its steering effect. implementation of the plan According to section 17d subsection 1 sentence Expansion of offshore wind energy plays a key 1 of the Energy Industry Act, the responsible role in meeting the German government's TSO must ensure the grid connection of climate protection and energy policy objectives. offshore wind farms or construct and operate them in accordance with the requirements of Section 6 WindSeeG gives the Federal the O-NDP confirmed by the Federal Network Maritime and Hydrographic Agency the task of Agency or, as of 1 January 2019, construct and compiling and updating an Site Development operate this connection in accordance with the Plan for the EEZ under the conditions set out in network development plan and the Site section 4 ff. WindSeeG and, if an administrative Development Plan according to section 5 of the agreement is concluded, also for coastal Offshore Wind Energy Act. waters. The task of the plan, therefore, is to spatially define the areas and sites for wind It is absolutely necessary to lay the current- turbines as well as the expected generation carrying subsea cable systems up to the grid capacity there and the necessary routes and connection points on land to allow the electricity locations for the entire required grid generated at the offshore wind farms in the infrastructure or grid topology in the Baltic Sea Baltic Sea EEZ to be fed into the onshore high EEZ. Furthermore, the plan also develops the voltage grid. The need to connect offshore wind temporal component of the expansion by farms to the grid would exist even if the plan determining the temporal sequence of the calls were not implemented. This means that even if for tender for the sites for offshore wind turbines the plan were not implemented, these uses and the calendar years of the commissioning of would still be exercised in accordance with the connecting lines. applicable legal bases. It is necessary to install offshore wind turbines The TSO, which is obliged to connect the in order to meet the expansion targets laid offshore wind farms in the Baltic Sea to the grid, down in section 4 no. 2b of the Renewable has so far pursued a connection concept based Energy Sources Act. Even if the Site on three-phase current technology. When using Development Plan were not to be implemented, the three-phase current technology, offshore further wind farms would still be built and wind farms are connected to the grid by commissioned in accordance with the combining the electricity generated by the applicable legal bases. The sectoral plan is individual wind turbines from one or more wind used for spatially and temporally ordered, farms at a transformer platform, and from here space-saving and efficient expansion of it is routed directly ashore via AC cable and on offshore wind energy in order to implement to the grid connection point. In contrast to the fragmentation by further application outside the HVDC concept, this means that no separate areas, and hence to control land usage and converter platform is required for the grid thereby ensure minimal conflict in the connection itself. However, for discharging a development of this technology. Therefore, the given output, a higher number of cable systems environmental effects of the Site Development is required when using three-phase technology Plan's specifications do not go beyond the due to the lower transmission capacity of AC effects of the zero alternative (non- cable. Due to the expected low wind farm capacity in the German EEZ of the Baltic Sea 32 Expected development in the event of non-implementation of the plan for commissioning activities from 2026 principles in the Site Development Plan. As the compared to the capacity of an HVDC system, plan makes numerous specifications relating to a connection by means of a direct current the most compatible possible design of the system would probably lead to permanent uses, it would probably be more difficult to vacancies. As already explained, these sites ensure the protection of the individual factors if are used for subsea cable systems and the Site Development Plan were not converter platforms independently of the implemented than if the plan were implementation of the Site Development Plan in implemented. the EEZ. Therefore, the environmental effects The grid connection of the individual sites of the Site Development Plan's specifications provided for in the plan, staggered in terms of do not go beyond the effects of the zero time, has the potential to minimise disturbances alternative (non-implementation of the plan), but to protected species in particular. Failure to in fact can be reduced by the Site Development implement the plan would probably increase Plan by way of steering. area use and the associated burden on the The design for a voltage level of 220 kV marine environment. Inadequate spatial enables the highest possible transmission coordination in the event of non-implementation capacity per cable system – for three-phase of the plan could, for example, lead to connection – to be achieved and allows significantly more fragmented wind farm areas transmission to take place with as few cable and cable crossings with corresponding effects systems as possible. The sites for the cabling – caused by intersections becoming necessary within the wind farm will be used independently – on the factors in question. of the implementation of the Site Development Although it is not possible to quantify in Plan in the EEZ. The environmental impacts of concrete terms the number of additional land the specifications of the Site Development Plan uses or crossings and the associated additional do not therefore exceed the effects of non- land requirements, it is clear from the implementation of the plan. Rather, the Site specifications in the Site Development Plan - in Development Plan may serve to mitigate them particular the areas for wind turbines, routing with its steering effect. and the gates - that the planning of the TSO The aim of the Site Development Plan is to has already progressed to such an extent due specify the expansion of offshore wind turbines to the earlier system characterised by individual and the grid topology, in particular with regard approvals and connections, that complete to grid connection of offshore wind farms in the overall coordination is no longer possible due to EEZ, coordinated in spatial terms in the sense existing constraints. Taking these constraints of predictive and coordinated overall planning. If into account, a considerable number of the Site Development Plan were not crossings could no longer be prevented at this implemented, the previously practised system planning stage. For future projects, the aim is to of project-specific individual planning and coordinate these and to plan ahead in connection would remain in place; in other accordance with the planning principles words, wind farms and their grid connections (see details in chapter 5 of the Site would be planned and implemented without Development Plan). systematic inclusion of the entire area. The required space requirements can be minimised 3.1 Soil/Area and the potential environmental impact can be reduced by regulating planning and technical 3.2 Water Expected development in the event of non-implementation of the plan 33 3.3 Plankton 3.4 Biotopes 3.5 Benthos 3.6 Fish 3.7 Marine mammals 3.8 Seabirds and resting birds 3.9 Migratory birds 3.10 Bats and bat migration 3.11 Biodiversity 3.12 Air 3.13 Climate 3.14 Landscape 3.15 Cultural heritage and material assets 3.16 Human beings, including human health 3.17 Interrelationships between the factors . Description and assessment of the likely significant effects of the implementation of the Site 34 Development Plan on the marine environment 4 Description and conservation law are presented. Statements on the general protection of nature and landscape assessment of the likely in accordance with section 13 of the Federal significant effects of the Nature Conservation Act are covered in the assessment of the individual factors. implementation of the Site According to § 5 Para. 2a WindSeeG, the FEP Development Plan on the can also make specifications for "other energy marine environment production areas" for a total of 40 to 70 km². Pursuant to § 3 No. 8 WindSeeG, another The following description and assessment of energy production area is an area outside areas the environmental effects concentrate on where offshore wind energy turbines and other factors for which significant effects cannot be energy production facilities can be erected in a excluded from the outset by implementation of spatial context. The installations may not be the Site Development Plan. connected to the public grid. Within the According to Article 40 (1) UVPG, the likely framework of the strategic environmental significant environmental impacts of the assessment, a "classic" offshore wind farm is implementation of the plan must be assessed. assumed on the basis of the findings to date According to Article 40 (3) UVPG, the with regard to electricity generation. environmental impacts of the plan are Environmental impacts beyond this are strongly provisionally assessed with a view to effective dependent on the respective use variant and environmental precautions. According to Article are therefore comprehensively examined at the 3, sentence 2 UVPG, the environmental approval level. In this respect, the SEA for the assessment serves to ensure effective other areas of energy generation is carried out environmental precautions in accordance with in the same way as the assessment of areas for the applicable laws. Within the framework of the offshore wind energy. FEP and the provisions of §§ 4 ff. WindSeeG, a In the Baltic Sea EEZ, the current FEP draft hazard to the marine environment must be proposes SEO-1 as a possible other energy excluded in the specifications contained in the production area. The other energy production plan in accordance with Article 5 (3) WindSeeG. area SEO-1 is under review due to possible The marine environment includes the objects of conflicts of use with regard to nature protection and their habitat, including possible conservation issues, particularly bird migration interactions, described in this environmental (cf. Chapters 4.7 and 4.12.5).x report. The factors for which significant impairment 4.1 Soil/Areas could already be excluded in the previous chapter 2 are not taken into account. This 4.1.1 Areas, sites and platforms concerns the factors Plankton, Water, Air, 4.1.2 Subsea cable systems Material assets/cultural heritage and Human beings, including human health. Possible 4.2 Benthos effects on biodiversity as a factor are discussed for the individual biological factors. Overall, the 4.2.1 Areas and sites factors listed in section 2 subsection 1 of the UVPG are examined before the assessments 4.2.2 Platforms relating to natural habitat and wildlife Description and assessment of the likely significant effects of the implementation of the Site 35 Development Plan on the marine environment 4.2.3 Subsea cable systems 4.9 Climate 4.3 Biotopes 4.10 Landscape 4.3.1 Areas and sites 4.10.1 Areas and sites 4.3.2 Platforms 4.10.2 Platforms 4.3.3 Subsea cable systems 4.11 Interrelationships 4.4 Fish 4.12 Cumulative effects 4.4.1 Areas and sites 4.12.1 Soil/Area, benthos and biotopes 4.4.2 Platforms 4.12.2 Fish 4.4.3 Subsea cable systems 4.12.3 Marine mammals 4.5 Marine mammals 4.12.4 Seabirds and resting birds 4.5.1 Areas, sites and platforms 4.12.5 Migratory birds 4.5.2 Subsea cable systems 4.13 Transboundary impacts 4.6 Seabirds and resting birds This present Strategic Environmental Assessment comes to the conclusion that as 4.6.1 Areas and sites things stand at present, the specifications of the Site Development Plan have no significant 4.6.2 Platforms effects on the areas of neighbouring states bordering on the German EEZ in the Baltic Sea. 4.6.3 Subsea cable systems Substantial transboundary impacts can be excluded in principle for the factors Soil and 4.7 Migratory birds water, Plankton, Benthos, Biotopes, 4.7.1 Areas and sites Landscape, cultural heritage and other material goods and Humans, including human health. 4.7.2 Platforms Possible substantial transboundary impacts could only arise if considered cumulatively in 4.7.3 Subsea cable systems the area of the German Baltic Sea, for the highly mobile biological factors Fish, Marine 4.8 Bats and bat migration mammals, Seabirds and resting birds, as well as Migratory birds and Bats. 4.8.1 Areas and sites The SEA comes to the conclusion that, 4.8.2 Platforms according to the current state of knowledge, the implementation of the Site Development Plan is 4.8.3 Subsea cable systems not expected to have any substantial cross- border effects on the factor Fish, since on the Description and assessment of the likely significant effects of the implementation of the Site 36 Development Plan on the marine environment one hand the areas for which the Site prevention or minimisation measures as are to Development Plan defines specifications have be applied to bird migration. no prominent function for fish fauna, and on the . other the discernible and predictable effects are small-scale and temporary in nature. This also applies to the factors Marine mammals and Seabirds and resting birds. These use the areas predominantly as transit areas. There will be no significant habitat loss for strictly protected seabird and resting bird species. According to current knowledge and taking into account measures to minimise impact and limit damage, substantial transboundary impacts can also be ruled out. Thus the installation of the foundations of wind turbines and platforms in the specific approval procedure is only permitted with the use of effective noise mitigation measures (see e.g. planning principle 4.4.1.7 of the Site Development Plan). In view of the particular vulnerability of the separate Baltic population of harbour porpoise, intensive monitoring measures are to be carried out during implementation and, where appropriate, the noise mitigation measures are to be adapted or construction work coordinated in order to exclude any cumulative effects. For migratory birds, the wind turbines and platforms erected in Site Development Plan sites may constitute a barrier or present a risk of collision. The risk of collision must be minimised by taking appropriate measures to prevent attraction from the lighting. As regards the barrier effect, a final cumulative consideration is not possible given the current state of knowledge. Nor is a cumulative assessment of the hazard risk for bat migration possible at this time, as there is still insufficient information on migration routes, migration heights and migration intensities. It can generally be assumed that any significant transboundary impacts from the specifications of the Site Development Plan will be prevented in the same way by appropriate Assessment of wildlife conservation regulations 37 5 Assessment of wildlife Whether the Site Development Plan meets the wildlife conservation requirements of section 44 conservation regulations of the Federal Nature Conservation Act for According to section 37 of the Federal Nature specially protected animal species is examined Conservation Act, general wildlife conservation in the context of this study on assessment of generally includes wildlife conservation regulations. It will examine in particular whether the plan violates  protection of fauna and flora of wild prohibitions under wildlife conservation species and their communities from regulations. This assessment of wildlife human interference, and safeguarding conservation regulations takes place at the of their other living conditions, primary level of the sectoral plan. A detailed  protection of habitats and biotopes of assessment of wildlife conservation regulations wild animal and plant species, and for the individual sites and projects must be  reintroduction of fauna and flora of carried out as part of the assessment of the displaced wild species in suitable suitability of specific sites or the individual biotopes within their natural distribution approval procedure in question. area. Special provisions with prohibitions are 5.1 Marine mammals applicable to fauna of specially or strictly 5.1.1 Section 44 subsection 1 no. 1 of the protected species. According to section 44 Federal Nature Conservation Act subsection 1 no. 1 of the Federal Nature (prohibition of killing and injury) Conservation Act, wild fauna of specially protected species must not be injured or killed. 5.1.1.1 Areas and sites for offshore wind According to section 44 subsection 1 no. 2 of turbines the Federal Nature Conservation Act, wild fauna of strictly protected species and 5.1.1.2 Platforms European bird species must not be significantly disturbed during reproduction, rearing, 5.1.1.3 Subsea cable systems moulting, hibernation and migration periods. Significant disturbance occurs when the 5.1.2 Section 44 subsection 1 no. 2 of the conservation status of the local population of a Federal Nature Conservation Act species deteriorates as a result of the (prohibition of disturbance) disturbance. Furthermore, according to section 44 subsection 1 no. 3 of the Federal Nature 5.1.2.1 Areas and sites for offshore wind Conservation Act, reproduction or resting energy places of wild fauna of specially protected 5.1.2.2 Platforms species must not be removed from the environment, damaged or destroyed. 5.1.2.3 Subsea cable systems It does not matter whether a relevant injury or disturbance is due to reasonable grounds; nor 5.2 Avifauna (seabirds, resting birds do reasons, motives or subjective tendencies and migratory birds) play any part in respect of compliance with the prohibitions (Landmann/Rohmer, 2018). 5.2.1 Section 44 subsection 1 no. 1 of the Federal Nature Conservation Act 38 Assessment of wildlife conservation regulations (prohibition of killing and injury) 5.2.1.1 Areas and sites for offshore wind turbines 5.2.1.2 Platforms 5.2.1.3 Subsea cable systems 5.2.2 Section 44 subsection 1 no. 2 of the Federal Nature Conservation Act (prohibition of disturbance) 5.2.2.1 Areas and sites for offshore wind turbines 5.2.2.2 Platforms 5.2.2.3 Subsea cable systems 5.3 Bats 5.3.1 Section 44 subsection 1 no. 1 and no. 2 of the Federal Nature Conservation Act Assessment of the implications 39 6 Assessment of the Fauna-Flora-Habitat areas (FFH areas). The nature conservation areas in the EEZ had implications previously been included under European law Within the framework of this Strategic as FFH areas in the first updated list of sites of Environmental Assessment, the areas, sites, Community importance in the Atlantic platforms and subsea cable routes planned in biogeographical region pursuant to Article 4 (2) the Site Development Plan will be subject to a of the Habitats Directive by a decision of the separate assessment as to their compatibility European Commission of 12 November 2007 with the conservation objectives of the nature (Official Journal of the EU, 15 January 2008, L conservation sites. 12/1), so that an FFH impact assessment had already been carried out under the BNatSchG. 6.1 Legal basis §§ Sections 34 and 36 of the Federal Nature The German Baltic Sea EEZ includes the Conservation Act (BNatSchG) require plans or nature conservation area "Pomeranian Bay - projects which, individually or in conjunction Rönnebank", "Fehmarn Belt" and "Kadet with other plans or projects, may significantly Trench", which were established by decree on affect an FFH and EU bird sanctuary and which 22 September 2017. do not directly serve the management of the site, to be assessed for their compatibility with In principle, the construction of artificial facilities the protection and conservation objectives of a and structures in the nature reserves is Natura 2000 site. This also applies to projects prohibited. However, this does not apply to outside the site which, either individually or in certain projects and plans, subject to an combination with other projects or plans, are admissibility review (cf. sections 8 (1) and 9 (6) likely to significantly affect the site's of the Regulation on the designation of the conservation objectives. With the designation of "Pomeranian Bay - Rönnebank" nature the nature conservation areas, this assessment conservation area (NSGPBRV); sections 4 (1) now relates to the conservation purpose of and 5 (6) of the Regulation on the designation these sites. The impact assessment under the of the "Fehmarn Belt" nature conservation area Habitats Directive has a narrower scope than (NSGFmbV); sections 4 (1) and 5 (6) of the the SEA, as it is limited to assessing Regulation on the designation of the compatibility with the conservation objectives "Kadetrinne" nature conservation area set for the protected area. Other environmental (NSGKdrV)). These projects and plans are to impacts do not need to be assessed. be examined for their compatibility with the protection purpose set out in the relevant The total area of the three nature conservation ordinance. They are permitted if, under Article area amounts to 2,472 km², the nature 34 (2) of the Federal Nature Conservation Act, conservation area "Pomeranian Bay - they cannot lead to significant impairment of the Rönnebank" covers an area of 2,092 km², the elements of the nature conservation area nature conservation area "Fehmarnbelt" covers relevant to the protection purpose or meet the an area of 280 km2 and the nature reserve requirements under Article 34 (3) to (5) of the "Kadetrinne" covers 100 km2. Federal Nature Conservation Act (cf. Article 9 The protected habitats are the habitat types (9) NSGPBRV, Article 4 5 (2) NSGFmbV, "reefs" and "sandbanks" as defined in Annex I Article 5 (2) NSGKdrV. Compatibility under the of the Habitats Directive, certain fish species BNatSchG must be examined in accordance and marine mammals as defined in Annex II of with the test previously carried out for the the Directive (sturgeon, black scoter, porpoise, 40 Assessment of the implications grey seal) and various bird species as defined reports of the coastal countries on the spatial in Annex I of the Directive (red-throated diver, development plans or downstream procedures. black-throated diver, eared grebe, red-necked An impact assessment pursuant to Article 34 diver, yellow-billed diver, long-tailed duck, (2) to (5) of the Federal Nature Conservation scoter, velvet scoter, Common gull, guillemot, Act must be carried out if a preliminary razorbill, black guillemot). Species listed in assessment pursuant to Article 34 (1) of the Annex IV of the Habitats Directive, e.g. the Federal Nature Conservation Act comes to the harbour porpoise, must be strictly protected conclusion that there are serious grounds for everywhere, including outside the established concern that a protected area will be protected areas. significantly impaired. Within the framework of the FEP, individual Under Article 34 (1) BNatSchG, projects and definitions are planned in close proximity to the plans must be examined for their compatibility "Pomeranian Bay - Rönnebank" and with the conservation objectives of a Natura "Fehmarnbelt" nature reserves. Thus the 2000 site before they are implemented if, either compatibility assessment in the EEZ area is individually or in conjunction with other projects limited to these protected areas. The impact or plans, they are likely to have a significant assessment will also take into account the long- impact on the site and do not directly serve the distance effects of the decisions taken within management of the site. the EEZ on the protected areas in the adjacent 12-mile zone and in the adjacent waters of For this reason, a possible impairment of the neighbouring countries. This also applies to the conservation objectives, as set out in the assessment and consideration of functional protective purpose of the Ordinance of 22 relationships between the individual protected September 2017 on protected areas, must be areas and the coherence of the network of examined. protected areas pursuant to Article 56 (2) of the The BSH is responsible for the impact Federal Nature Conservation Act, since the assessment under section 34 of the Federal habitat of some target species (e.g. avifauna, Nature Conservation Act. marine mammals) may extend across several protected areas due to their large radius of 6.2 Assessment of the compatibility action. FFH areas and bird sanctuaries outside of the FEP with regard to habitat the German EEZ are also taken into account. types There will be no new assessment of the areas and test sites in the territorial sea, as this was 6.2.1 Assessment of compatibility with the already done when the LEP M-V was drawn up. protective purpose of the nature In addition to the effects within the EEZ, the reserve "Pomeranian Bay - present impact assessment explicitly examines Rönnebank only possible remote effects of the areas and sites, platforms and submarine cable routes 6.2.1.1 Assessment of the compatibility of planned within the EEZ on protected areas in the FEP for areas and platforms in adjacent areas. However, this consideration is area O-1 with regard to habitat not made with regard to the routes in the types territorial sea which connect to the border corridors provided for in the FEP. This 6.2.1.2 Assessment of the compatibility of examination is the subject of the environmental the FEP for areas and platforms in the O-2 area with regard to habitat Assessment of the implications 41 types parallel to the Nord Stream gas pipeline or between "Nord Stream" and "Nord Stream 2", 6.2.1.3 Assessment of the compatibility of connecting border corridors O-XII and O-XIII the FEP for cable routes and crossing the "Pomeranian Bay - connecting areas O-1 and O-2 and Rönnebank" nature reserve over a distance of parallel cross-border submarine 32.3 km. No crossings with other cables are cable systems with regard to required within the protected area. habitat types Within the German EEZ, the biotope type Based on current knowledge, significant "Sublittoral flat sandy bottom of the Baltic Sea impacts on the protected areas due to sediment with brackish water mussel community drift during the construction phase are (Cerastoderma glaucum, Macoma baltica, Mya excluded. The nature conservation area arenaria)" (Code 05.02.10.02.01, FINCK et al., "Pomeranian Bay - Rönnebank" is located at a 2017) can be found in the area of the Nord distance of at least 900 m from the cable routes Stream routes. Based on current knowledge, no and thus outside the drifting distances other biotope types or habitat types occur along discussed in the technical literature. It is true the route. The minimum distance along the that the soft sediments along the route settle route to the sandbank habitat type is around 9.6 more slowly than coarser sediment. However, km, and to the reef habitat type is at least due to the predominant low currents near the around 10.7 km. Thus no significant impacts ground, turbidity plumes which clearly exceed are expected on the "reef" and "sandbank" the natural suspended matter maxima are to be habitat types within the nature reserve with their expected even in areas with soft sediments only characteristic and endangered communities up to a distance of about 500 m. In addition, the and species. released material remains in the water column long enough to be distributed over a large area, 6.2.2 Assessment of the compatibility of so that due to the comparatively low volumes, planned cable routes with the hardly any detectable thickness of the protective purpose of the deposited material can be expected. "Fehmarnbelt" nature reserve Simulations show that the released sediment will have settled again after max. 12 hours. 6.2.2.1 6.2.2.1 Assessment of the compatibility of the FEP for a Thus, according to the current state of cross-border submarine cable knowledge, the impairments will generally system between border corridors remain small-scale and temporary. To this O-V and O-VI extent, no nutrient and pollutant concentrations are expected to be released which could impair A cross-border sea cable system is planned in the nature reserve. the area of the Fehmarn Belt crossing (O-V to O-VI), crossing the Fehmarn Belt Nature 6.2.1.4 Assessment of the compatibility of conservation area over a distance of 4.3 km. the FEP for a cross-border The possibility of co-using the existing submarine cable system between infrastructure of the future Fehmarnbelt tunnel border corridors O-XIII and O-XII for a cross-border submarine cable system is with regard to habitat types being considered, so that, as things stand at Eight routes for cross-border submarine cable present, no further negative effects are systems are defined in the Baltic Sea EEZ. A expected from a cross-border submarine cable cross-border sea cable system is planned 42 Assessment of the implications system beyond the effects of the tunnel marine mammals) may extend over several construction. protected areas due to their large radius of action. 6.3 Assessment of the compatibility Specifically, the bird protection area "Western of the FEP with protected Pomeranian Bay", the FFH and bird protection species area "Plantagenetgrund", the FFH area "Darßer Schwelle", the bird protection area 6.3.1 Assessment of the compatibility of "Vorpommersche Boddenlandschaft und areas, surfaces, platforms and sea nördlicher Strelasund" and the FFH area cable systems with the protective "Greifswalder Boddenrandschwelle und Teile purpose of the nature conservation der Pommerschen Bucht" in the coastal sea of area "Pomeranian Bay - Rönnebank Mecklenburg-Vorpommern are taken into account. In the adjacent areas of the 6.3.1.1 Assessment of the compatibility of neighbouring states, the FFH areas "Adler the FEP with protected bird Grund og Rønne Banke" and "Klinteskov species kalkgrund" in Danish waters, the Swedish FFH area "Sydvästskånes utsjövatte", the Polish bird 6.3.1.2 Testing the compatibility of the sanctuary "Zatoka Pomorska" and the Polish FEP with marine mammals FFH area "Ostoja na Zatoce Pomorskiej" were 6.3.2 Assessment of the compatibility of taken into account. areas, sites, platforms and sea cable The protection and conservation objectives for systems with the protective purpose the Natura 2000 sites outside the EEZ are set of the "Fehmarnbelt" nature out in the following documents: conservation area  Western Pomeranian Bay Bird 6.3.3 Assessment of the compatibility of Sanctuary (territorial sea M-V, DE1649 areas, surfaces, platforms and sea 401): EUNIS factsheet cable systems with the protective purpose of the "Kadetrinne" nature (https://eunis.eea.europa.eu/sites/DE16 conservation area 49401)  FFH and bird protection area 6.4 Natura2000 sites outside the "Plantagenetgrund" (coastal sea M-V, German EEZ DE 1343 301/ DE 1343 401): FFH area The impact assessment also takes into account the remote effects of the FEP's provisions on https://www.lung.mv- the protected areas in the adjacent 12-mile regierung.de/dateien/de_1343_301.pdf, zone and in the adjacent waters of bird protection area neighbouring countries. This also applies to the assessment and consideration of functional https://eunis.eea.europa.eu/sites/DE134 relationships between the individual protected 3401 areas and the coherence of the network of  FFH area "Darßer Schwelle" (coastal protected areas pursuant to Article 56 (2) of the Federal Nature Conservation Act, since the sea M-V, DE 1540 302): habitat of some target species (e.g. avifauna, Assessment of the implications 43 https://www.lung.mv-  Polish FFH area "Ostoja na Zatoce regierung.de/dateien/de_1540_302.pdf Pomorskiej" (PLH 990002): EUNIS  Bird protection area "Vorpommersche Factsheet Boddenlandschaft und nördlicher (https://eunis.eea.europa.eu/sites/PLH990002). Strelasund" (coastal sea M-V, DE 1542 In addition, according to Art. 12 of the Habitats 401): EUNIS factsheet Directive, EU Member States shall take the (https://eunis.eea.europa.eu/sites/DE15 necessary measures in and outside protected areas for species listed in Annex IV of the 42401) Habitats Directive in order to establish a strict  FFH area "Greifswalder system of protection for the above species in Boddenrandschwelle and parts of the their natural range. According to the Habitats Pomeranian Bay" (coastal sea M-V, DE Directive, this includes all whale species. The FFH areas are intended to preserve parts of the 1749-302): EUNIS factsheet feeding habitat. (http://eunis.eea.europa.eu/sites/DE174 In addition to the effects of the plan within the 9302) EEZ, the present impact assessment explicitly  Danish FFH area "Adler Grund og examines only possible remote effects of the areas, sites, platforms and sea cableways Rønne Banke" (DK 00VA 261): EUNIS planned within the EEZ on protected areas in Factsheet adjacent areas. The planned areas, sites, (http://eunis.eea.europa.eu/sites/DK00V platforms and sea cable routes are at a sufficient distance from the protected areas in A261) the territorial sea, so that no significant effects  Danish FFH area "Klinteskov kalkgrund" on these protected areas can be assumed. (DK 00VA 306): EUNIS factsheet However, this consideration is not made with regard to the routes in the territorial sea which (http://eunis.eea.europa.eu/sites/DK00V connect to the border corridors provided for in A306) the FEP. This examination is the subject of the  Swedish FFH site "Sydvästskånes environmental reports of the coastal countries utsjövatte" (SE 0430187): EUNIS on the respective spatial development plans or subordinate procedures. In addition, no new Factsheet impact assessment will be carried out with (https://eunis.eea.europa.eu/sites/SE04 regard to the areas and test sites in the 30187) territorial sea, as this was already carried out when the RDP M-V was drawn up.  Polish bird sanctuary "Zatoka The results of the impact assessment of the Pomorska" (PLB 990003): EUNIS FEP with regard to protected marine mammals factsheet and protected bird species with the (http://eunis.eea.europa.eu/sites/PLB99 conservation objectives of the nature reserve "Pomeranian Bay - Rönnebank" apply to the 0003) nearest nature reserve "Greifswalder Boddenrandschwelle und Teile der 44 Overall plan evaluation Pommerschen Bucht" in the German territorial prevented by implementing the sites, areas and sea and to the FFH- Area "Adler Grund og platforms. Rønne Banke" in the Danish EEZ and the The site O-2.2 as well as the other energy Habitats Area "Ostoja na Zatoce Pomorskiej" in production area SEO-1 (south of area O-2) are the Polish EEZ accordingly. under examination in the current FEP draft. The conclusion was that the plan, either This requires a discussion and clarification of individually or in combination with other plans issues that cannot yet be conclusively and projects, does not compromise the assessed, such as bird migration and the conservation and restoration objectives of the associated species protection prohibitions (§ 44 above-mentioned protected areas. BNatSchG), so that the definition of site O-2.2 and the other energy production area SEO-1 6.5 Outcome of the impact will be further examined within the framework of assessment the continuation of the FEP. As a result, a significant impairment of the The laying of sea cable systems can be made protection purposes of the nature conservation as eco-friendly as possible by preventing areas under review can be ruled out with the protected areas and biotopes and by choosing necessary certainty by implementing the plan a laying method that is as unobtrusive as and taking into account avoidance and possible. The planning principle for sediment mitigation measures. This applies both to the warming should ensure that significant negative nature conservation areas examined within the effects of cable heating on benthic communities German EEZ and to Natura 2000 sites outside are prevented. Preventing crossings between the German EEZ. No new impact assessment sea cable systems as far as possible also will be carried out with regard to the areas and serves to prevent negative effects on the test sites in the territorial sea, as this was marine environment, in particular on the factors already carried out when the LEP M-V was soil, benthos and biotopes. Given the above drawn up. descriptions and assessments, the Strategic Environmental Assessment concludes that, with Based on current knowledge, a significant regard to possible interrelationships, no impairment of the FFH habitat type "reefs" and significant effects on the marine environment "sandbanks with only weak permanent within the investigation area are to be expected inundation by seawater" can be ruled out even from the planned specifications on the basis of if the plan and existing projects for the nature current knowledge and the comparatively conservation areas under review are abstract level of sectoral planning. The potential considered cumulatively. effects are frequently small-scale and mostly 7 Overall plan evaluation short-term, as they are limited to the construction phase. In summary, with regard to the planned areas and sites, platforms and sea cable routes, the A large part of the areas and sites are within the effects on the marine environment will be wind energy priority areas of the Spatial Plan minimised as far as possible by means of for the Baltic Sea EEZ. Sufficient knowledge is orderly, coordinated overall planning of the Site available for these regions. To date, sufficient Development Plan. By adhering strictly to scientific knowledge and consistent evaluation prevention and mitigation measures, in methods are lacking for cumulative assessment particular for noise mitigation during the of the effects on individual factors such as bird construction phase, considerable effects can be migration and bat migration. Therefore, these Overall plan evaluation 45 effects cannot be assessed conclusively within the framework of the present SEA or are subject to uncertainties and need to be assessed more closely within the framework of subsequent planning stages. Measures to prevent, mitigate and offset significant negative effects of the Site Development 46 Plan on the marine environment 8 Measures to prevent, While individual prevention, mitigation and compensation measures may begin even at the mitigate and offset planning level, others only come into play at the significant negative effects specific implementation stage and are regulated there in the individual approval procedure of the Site Development according to the project and location. With Plan on the marine regard to planning prevention and mitigation measures, the Site Development Plan defines environment spatial and textual specifications which, according to the environmental protection 8.1 Introduction objectives set out in chapter 1.4, serve to According to section 40 subsection 2 UVPG, prevent or mitigate significant negative effects the environmental report includes a description in the marine environment due to of the planned measures to prevent, mitigate implementation of the Site Development Plan. and, as far as possible, compensate for This mainly concerns significant adverse environmental effects  consideration of nature conservation areas resulting from implementation of the plan. In and legally protected biotopes principle, the Site Development Plan will take marine environment concerns into account  Exclusion effect of wind turbines in more effectively when expanding power Natura 2000 areas, generation by means of offshore wind turbines  Exclusion effect of platforms in and the corresponding connecting lines. Natura2000 areas The specifications of the Site Development Plan will prevent negative effects on the  the principle of laying subsea cable development of the state of the environment of systems outside these areas as far as the Baltic Sea EEZ. This is due in particular to possible, the fact that there is always a need to expand  as little land usage as possible, ensured by offshore wind energy and the corresponding the planning principles connecting lines and that the corresponding infrastructure (wind farms, platforms and  economic area use when arranging wind subsea cable systems) would have to be turbines created even without an Site Development Plan  maximum possible bundling of subsea (see chapter 3). If the plan were not cable routes in the sense of parallel implemented, however, the uses would develop routing, without the space-saving and resource- conserving steering and coordination effect of  prevention of cable and pipeline the Site Development Plan. crossings, Moreover, the specifications of the Site  the planning principle for noise mitigation, Development Plan are subject to a continuous  the planning principle for sediment warming, optimisation process, as the knowledge obtained on a rolling basis within the framework  reduction of scour protection measures to a of the SEA and the consultation process is minimum so as to prevent having to taken into account when the plan is compiled. introduce artificial hard substrate Measures to prevent, mitigate and offset significant negative effects of the Site Development 47 Plan on the marine environment  specifications for the dismantling of structural suitability of the measuring equipment is installations, and to be demonstrated by accreditation in accordance with  consideration of best environmental practice DIN EN ISO/IEC 17025 with regard to in accordance with the OSPAR Convention ISO 18406:2017 and DIN SPEC and the state of the art. 45653:2017. The measures listed below serve to prevent  Noise mitigation measures: use of the and mitigate insignificant and significant relevant best available method negative effects in the specific implementation according to the state of the art in of the Site Development Plan. These mitigation science and technology in order to and prevention measures are specified and reduce the level of underwater noise so ordered by the competent licensing authority at as to comply with applicable noise project level for the planning, construction and protection specifications during the operation phases. installation of foundation piles, e.g. large bubble curtains, hydro silencers or 8.2 Areas and sites for offshore sheathing. These noise protection wind turbines measures must be specified in detail in The following measures to prevent and mitigate the individual approval procedures for significant and insignificant negative specific locations and installations. environmental effects must be taken into  Adaptation of the pile-driving process to account in the specific planning and location- and project-specific conditions construction of wind turbines: by control of the pile-driving energy and  When installing foundations, suitable impact frequency measures must be implemented to ensure that noise emissions (sound pressure SEL05) at a distance of 750 m does not exceed 160 decibels (dB re 1 μPa²s) and the peak sound pressure level does not exceed 190 decibels (dB re 1 μPa).  Adherence to pile-driving times, including aversive conditioning measures, of no more than 180 minutes during the insertion of monopiles and no more than 140 minutes per pile for jacket structures.  Monitoring activities during the construction phase, in particular by recording the underwater noise level during the installation of foundations. Monitoring of noise level and compliance with limits must be carried out by an accredited facility. The Measures to prevent, mitigate and offset significant negative effects of the Site Development 48 Plan on the marine environment  Noise prevention measures: use  Lighting that is as compatible as appropriate methods to prevent killing possible with nature during operation of and injuring fauna near the pile-driving the installations in order to reduce site: attraction as far as possible, taking into account the requirements of safe  Use of suitable deterrent devices shipping and air traffic and occupational such as the FaunaGuard system safety, e.g. switching obstruction lighting or, in special cases, "pingers" on and off as required, selection of and "seal scarers" suitable lighting intensities and spectra  "Soft-start procedure": delaying or lighting intervals the increase of pile-driving  Restriction of the introduction of hard energy should allow fauna in the substrate to a minimum vicinity of the pile-driving site to move away from the construction  Use of low-pollution paints site.  Use of traffic safety vehicles during the  Coordination of pile-driving work for construction and commissioning phases various projects in order to minimise in order to prevent collisions overall noise output times  Correct disposal of oil residues from  Consideration of the noise protection machinery, faeces, packaging, waste concept of the Federal Ministry for the and wastewater on land. Preparation of Environment, Nature Conservation and a "waste concept" for construction and Nuclear Safety (2013) operation  Assessment of alternative, low-noise  Compilation of emergency plans, foundation forms, such as suction including for accidents involving water- buckets or gravity foundations. The polluting substances during the environmental impact of alternative construction and operation phases forms of foundation must always be  Monitoring of possible effects on the assessed with regard to any additional marine environment due to the significant effects on the marine construction or operation of the environment, in particular due to the installations by means of mandatory introduction of continuous noise. ecological monitoring during the  Reduction of shipping traffic for construction and operation phase in construction and operation of accordance with StUK 4 installations and the associated acoustic  If, during planning or installation of and visual impairments to a minimum, plants, so far undiscovered ordnance is by optimum construction and time found on the seabed, corresponding planning protective measures must be taken.  Ensuring that no preventable emissions The above-mentioned avoidance and of pollutants, noise or light occur during reduction measures for areas and sites the construction or operation of the apply accordingly to other energy installation in accordance with the state production areas. of the art Measures to prevent, mitigate and offset significant negative effects of the Site Development 49 Plan on the marine environment 8.3 Platforms measures must be specified in detail in the individual approval procedures for The following measures to prevent and mitigate specific locations and installations. significant and insignificant negative environmental effects must be taken into  Adaptation of the pile-driving process to account in the specific planning and location- and project-specific conditions construction of platforms: by control of the pile-driving energy and impact frequency  When installing foundations, suitable measures must be implemented to  Noise prevention measures: use ensure that noise emissions (sound appropriate methods to prevent killing pressure SEL05) at a distance of 750 m and injuring fauna near the pile-driving does not exceed 160 decibels (dB re 1 site: μPa²s) and the peak sound pressure  Use of suitable deterrent devices level does not exceed 190 decibels such as the FaunaGuard system (dB re 1 μPa). or, in special cases, "pingers"  Adherence to pile-driving times, and "seal scarers" including aversive conditioning  "Soft-start procedure": delaying measures, of no more than 180 minutes the increase of pile-driving during the insertion of monopiles and no energy should allow fauna in the more than 140 minutes per pile for vicinity of the pile-driving site to jacket structures. move away from the construction  Monitoring activities during the site. construction phase, in particular by  Coordination of pile-driving work for recording the underwater noise level various projects in order to minimise during the installation of foundations. overall noise output times Monitoring of noise level and compliance with limits must be carried  Consideration of the noise protection out by an accredited facility. The concept of the Federal Ministry for the suitability of the measuring equipment is Environment, Nature Conservation and to be demonstrated by accreditation in Nuclear Safety (2013) accordance with  Assessment of alternative, low-noise DIN EN ISO/IEC 17025 with regard to foundation forms, such as suction ISO 18406:2017 and DIN SPEC buckets or gravity foundations. The 45653:2017. environmental impact of alternative  Noise mitigation measures: use of the forms of foundation must always be relevant best available method assessed with regard to any additional according to the state of the art in significant effects on the marine science and technology in order to environment, in particular due to the reduce the level of underwater noise so introduction of continuous noise. as to comply with applicable noise  Reduction of shipping traffic for protection specifications during the construction and operation of platforms, installation of foundation piles, e.g. large and the associated acoustic and visual bubble curtains, hydro silencers or sheathing. These noise protection Measures to prevent, mitigate and offset significant negative effects of the Site Development 50 Plan on the marine environment impairments, to a minimum by optimal magnetic field development of the cable construction and time planning systems is kept to a minimum due to the cable configurations specified in the Site  Ensuring that no preventable emissions Development Plan in accordance with the state of pollutants, noise or light occur during of the art. The planning principle for sediment the construction or operation of warming should ensure compliance with the "2K platforms in accordance with the state of criterion", i.e. a maximum permissible the art temperature increase of 2 K at a sediment  Lighting that is as compatible as depth of 20 cm. possible with nature during operation of Moreover, the following measures that help to the platforms in order to reduce prevent and mitigate environmental effects are attraction as far as possible, taking into to be implemented in the specific account the requirements of safe implementation of the individual projects: shipping and air traffic and occupational  Selection of the shortest possible route safety, e.g. switching obstruction lighting  Optimisation of route selection within the on and off as required, selection of framework of fine routing in order to suitable lighting intensities and light prevent and not effect known spectra or lighting intervals occurrences of particularly sensitive  Restriction of the introduction of hard biotopes as far as possible substrate to a minimum in accordance with section 30 of the Federal Nature Conservation Act  Use of low-pollution paints  Use of laying methods that protect the  Use of traffic safety vehicles during the soil as much as possible for installation construction and commissioning phases of the cable systems, depending on in order to prevent collisions sediment conditions and water depths  Correct disposal of oil residues from and taking into account the required machinery, faeces, packaging, waste minimum coverage and wastewater on land; preparation of  Use of cable types that develop electric a "waste concept" for construction and and magnetic fields that are as low as operation possible  Compilation of emergency plans,  Use of materials in cable systems that including for accidents involving water- are as eco-friendly as possible polluting substances during the construction and operation phases  Reduction of intersections to the required minimum  If, during planning or installation of the platforms, so far undiscovered ordnance  Use of inert, natural materials for filling is found on the seabed, corresponding and intersections that become protective measures must be taken. necessary  If, during planning or installation of 8.4 Sea cable systems subsea cable systems, so far Measures for prevention and mitigation must be undiscovered ordnance is found on the taken into account as early as the route seabed, corresponding protective planning and technical design stages. The measures must be taken. Measures to prevent, mitigate and offset significant negative effects of the Site Development 51 Plan on the marine environment The aim is to implement the following measures with a view to achieving the most eco-friendly design possible:  Investigation and presentation of the effects of platforms and subsea cable systems on the marine environment within the scope of a monitoring operation, including monitoring of coverage during the operating phase of the cables;  Evaluation of the monitoring results in respect of cumulative effects or interrelationships of various uses; Consideration of the monitoring results within the framework of the update, i.e. experience from implementation of the projects is used to continuously improve mitigation and prevention measures. 52 Investigated alternatives 9 Investigated alternatives projects. Conceptual/strategic design, the spatial location and technical alternatives In accordance with Art. 5 subsection 1 sentence therefore play a part at the planning level. 1 of the SEA Directive in conjunction with the In principle, it should be noted that preliminary criteria in Annex I of the SEA Directive and examination of possible and conceivable section 40 subsection 2 no. 8 UVPG, the alternatives is already inherent in all environmental report contains a brief specifications in the form of standardised description of the reasons for the choice of technical and planning principles. As can be reasonable alternatives examined. The seen from the justification of the individual reasonable alternatives under consideration are planning principles, in particular those relating explained below. Essentially, different types of to the environment – such as, for example, alternatives can be considered for an avoidance of threats to the marine environment, assessment of alternatives; in particular respect for protected areas, routing that is as strategic, spatial or technical alternatives. The bundled as possible and implementation that is prerequisite is always that these are reasonable as free from crossings as possible – the or can be seriously considered. principle in question is already based on Thus not all conceivable alternatives need to be consideration of possible public concerns and assessed. However, it is no longer sufficient to legal positions, so that a "preliminary identify, describe and evaluate only those assessment" of possible alternatives has alternatives that "seriously offer" or "impose" already been carried out. There are already a themselves. The obligation to investigate thus large number of different uses and legally extends to all alternatives that "are not protected concerns in the EEZ. There is also obviously ... remote" (Landmann/Rohmer, a "Regulation on Regional Planning in the 2018). Assessment of alternatives does not German EEZ in the Baltic Sea" of 10 December explicitly require the development and 2009, which defines objectives and principles, assessment of particularly eco-friendly to regulate the usage interests within the Baltic alternatives. Rather, the "reasonable" Sea EEZ. An overall assessment of the uses alternatives in the above sense should be and functions in the EEZ has already been presented in a comparative manner with regard carried out as part of the preparation of the to their environmental effects, so that Spatial Plan. The objectives and principles of consideration of environmental concerns the Spatial Plan have largely been adopted in becomes transparent when deciding on the the Spatial Plan and are being reviewed and alternative to be pursued (Stefan Balla, 2009). weighed against the specific regulatory issues At the same time, the effort required to identify of the concerns and rights presented in this and assess the alternatives under consideration procedure. must be reasonable. This means that the greater the expected environmental effects and Possible reasonable alternatives in detail: hence the need for planning conflict resolution, the more likely it is that comprehensive or detailed investigations will be required. By way of example, Annex 4 no. 2 UVPG refers to the assessment of alternatives with regard to the design, technology, location, size and scope of the project, but explicitly refers only to Investigated alternatives 53 The spatial location of the gates results from 9.1 Zero alternative the regional planning specifications and other planning considerations in the coastal states 9.2 Strategic alternatives adjoining the plans of the EEZ. In turn, the plans of the coastal states are based on the 9.3 Spatial alternatives routing to suitable high-voltage and ultra-high- As far as assessment of spatial alternatives is voltage grid connection points on land. On the concerned, the Site Development Plan defines other hand, a route at right angles or parallel to both spatial and textual specifications in the existing pipelines is chosen to cross the traffic form of planning principles and standardised separation areas. Since anchorage prohibition technical principles for areas and sites, subsea zones have already been established next to cable systems and platforms in the German the pipelines, few additional disturbances for Baltic Sea EEZ. To a large extent, these shipping are to be expected here. Under these requirements serve to ensure that uses are given conditions, there are no spatial designed to be as eco-friendly as possible and alternatives to the selected border corridors to that the different concerns and legal positions the territorial sea, since in the area between the are balanced in a manner that is in line with the traffic separation areas there is no more room various interests. Taking into account the for manoeuvre due to wind farms and pipelines above-mentioned existing uses and rights of that have already been consolidated or use, only a few feasible alternatives to these approved under planning law. The following specifications are apparent which, in an applies to the individual border corridors: objectively plausible manner, can be expected Border corridors N-I (Ems), N-II (Norderney) to have significantly lower environmental and N-IV (Büsum) have been taken over from effects. The spatial specifications of the Spatial the spatial development plan or the regional Plan fit in with the existing uses such as planning of the coastal states and have been shipping traffic, military usage, marine research, coordinated accordingly. For the border corridor etc. and the area designations defined for the N-III (Europipe 2), a state planning statement Baltic Sea EEZ within the framework of the by the state of Lower Saxony is available for the Spatial Plan and the BFO-N. This means that cross-border submarine cable system "NorGer". the planning of regions and sites, but also of platforms and routes, is limited from the outset. 9.3.1 Assessment of alternatives for areas Areas, sites and platforms are specified With regard to the assessment of alternatives according to the planning principles, taking into for areas, reference is made to the comments in account nature conservation sites and legally the FEP on the definition of the individual areas protected biotopes, as well as economic area (Chapter 5.1). There are no seriously use and distance regulations. considered alternatives to areas N-1 to N-13 The cable routes are planned to cover the based on the provisions of the current spatial shortest possible route in accordance with the development plan for the North Sea EEZ or planning principles, with a view to minimising conflicts with other uses, such as nature environmental impact, as long as there are no conservation areas or military training areas. overriding concerns to the contrary. The cable Areas north-west of the shipping route 10 as systems are also predominantly planned in defined by the spatial planning plan are not parallel with infrastructures (pipelines, cables, seriously considered as alternatives to the wind farms) applied for/approved/constructed areas designated in the FEP. With the so as not to slice up any additional spaces. designated areas N-1 to N-13 (areas N-4 and 54 Investigated alternatives N-5 are under consideration for possible decisive for the decision on the definition of the subsequent use) in the North Sea, there is on areas, among other things with regard to the one hand a coherent planning area, and on conflicts with other uses. In addition to the the other hand the areas northwest of shipping explanations in the FEP, possible conflicts are route 10 are significantly further from the coast. examined in detail here from a nature This results in a significant extension of the conservation perspective. respective necessary connection systems and The following criteria are used for the nature thus in any case in a greater impact on the conservation area comparison: seabed. In addition, the available data and information basis for the area northwest of  Distance to the nearest protected area shipping route 10 is considerably worse than for in km (differentiated according to FFH the area of the areas designated in the FEP and bird sanctuary) due to the lack of project-related monitoring data.  Location within/ outside the main In the Baltic Sea EEZ, too, no reasonable concentration area of loons alternatives to the areas O-1 to O-3 can be  Location inside / outside the main identified due to the provisions of the current distribution area of harbour porpoises spatial development plan for the Baltic Sea EEZ. In the territorial sea of Mecklenburg-  Affection of biotopes protected under Vorpommern, areas O-4, O-5 (area under section 30 BNatSchG and suspected consideration) and O-6 and a test site are areas on the site designated by administrative agreement. For these areas, reference is made to the SEA  Route of the connecting pipeline through assessments for the State Spatial Development a nature conservation area (EEZ) in km Programme Mecklenburg Pomerania  Route of the connecting pipeline through 9.3.2 Comparison of the sites with each § 30 biotope / § 30 suspected areas other (EEZ) in km Within the framework of the FEP (Chapter  Significance of the area for the 5.2.2), a comparison is made between the sites individual objects of protection (textual). designated in the FEP and those under examination with regard to the criteria that are Table 5. Site comparison using nature conservation criteria. Site Minimum distance Site inside the Site within the Affection of § Connection Connection (km) to the nearest main main porpoise 30 line through § 30 protected area concentration distribution biotopes/suspe through biotope / after area of loons area cted areas conservatio suspected areas FFH-Dir | VS-Dir n area (EEZ (share of EEZ share, km) route, km) N-3.7 26 21 No No Not known No No N-3.8 20 22 No No Not known No No O-1.3 9 13 - - Suspected area No No not confirmed N-7.2 28 58 No No Not known No Yes, 2 km suspected area Investigated alternatives 55 N-3.5 14 18 No No Not known No No N-3.6 11 21 No No Not known No No N-6.6 27 6 No No Not known No Ja, ca. 10 km* N-6.7 40 33 No No Not known No Ja, ca. 10 km* N-9.1 48 30 No No Not known No No N-9.2 48 50 No No Not known No No N-9.3 51 28 No No Not known No Ja, ca. 10 km* N-9.4 50 43 No No Not known No Ja, ca. 10 km* N-10.1 29 70 No No Not known No No N-10.2 34 66 No No Not known No No O-2.2 (in 12 23 - - Not known No No Prüfung) N-5.4 (in 5 17 Yes Yes Yes Yes, 157 km Yes, approx. 3 km den FEP- (Chap. sandbank + 13 km Entwürfen 9.3.3) suspected area 2019 in (Chap. 9.3.3) Prüfung) *compare Chapter. 9.3.4. 56 Investigated alternatives In detail: medium importance for harbour porpoises (cf. Ch. 2.8.3.1) and sea and resting birds (Ch. North Sea 2.9.3.1). This area is most frequently used by The designated sites N-3.7, N-3.8, N-3.5 and N- species of seabirds which are widespread 3.6 in area N-3 are located at a distance of throughout the North Sea. Disturbance- more than 10 km from the nearest nature sensitive species such as loons occur only reserve "Borkum Riffgrund". The smallest briefly in the areas in search of food and during distance to the main concentration area of the main migration periods. Due to the loons is around 40 km, and the main distribution occurrence of species of burrowing bottom area of harbour porpoises is at least 34 km megafauna, the benthic community is assigned away from the individual areas. According to average to above-average importance in the current knowledge, the areas are considered to area of the designated site N-7.2 (section be of medium importance for resting and 2.6.3.1). Based on current knowledge, the foraging birds (cf. 2.9.3.1). For harbour occurrence of legally protected biotopes is not porpoises, the importance of the areas in area to be expected in the N-7.2 site (Section N-3 is currently assumed to be medium to - 2.5.3.1). The connecting pipeline for the N-7.2 seasonally in spring - high. Monitoring results area runs outside nature conservation areas in for the area N-1 to N-3 show a significantly the EEZ at all events, but over a length of higher occurrence in the protected area around 2 km the pipeline crosses suspected "Borkum Riffgrund" with decreasing densities in areas of "species-rich gravel, coarse sand and an easterly direction (section 2.8.3.1). No schill". Based on the current state of occurrences of protected biotopes are known in knowledge, this means that at best only the area of the designated sites N-3.5, N-3.6, potential small-scale conflicts can be identified N-3.7 and N-3.8. Due to the only slight overlap with regard to the route of the connecting of the N-3 area with the "Borkum Riffgrund" pipeline. sandbank and the otherwise predominantly Sites N-6.6 and N-6.7 are also located far from homogeneous, fine to medium-sand nature conservation areas (min. 25 km) and at sedimentary conditions, the N-3 area as a a considerable distance from the main whole is accorded a low, and in the southwest concentration area of loons and the main sub-area average, importance with regard to distribution area of harbour porpoises (more the protected biotope types. than 55 km in each case). The areas are The connecting pipelines for all four areas run considered to be of medium importance both for in the EEZ outside nature reserves and outside harbour porpoises and for sea and resting known occurrences of legally protected birds. Due to the occurrence and ecological biotopes. Thus, according to current importance of the burrowing ground knowledge, no significant nature conservation megafauna, the benthic biocoenosis in the conflicts are discernible for the areas designated areas of area N-6 is attributed designated in area N-3. average to above-average importance (section Site N-7.2 is located at a considerable distance 2.6.3.1). Based on current knowledge, the from nature conservation areas (min. 28 km). designated sites N-6.6 and N-6.7 are not The main concentration area of loons and the expected to contain any legally protected main distribution area of harbour porpoises are biotopes (2.5.3.1). The connecting pipelines for both more than 50 km away from N-7.2. both areas in area N-6 run completely outside According to current knowledge, area N-7 is of nature conservation areas in the EEZ, and the routes cross the protected sandbank biotope Investigated alternatives 57 type over a length of around 10 km. Based on ground megafauna, benthos on these areas is current knowledge, potential conflicts are of average to above-average importance therefore conceivable with regard to the route of overall. The occurrence of legally protected the connecting pipeline, but less so with regard biotopes on the sites can be ruled out on the to the areas themselves. Reference is made to basis of the available information. Despite the the examination of alternatives to bypassing the occurrence of sediments, some of which have a sandbank in Section 9.3.4. high proportion of silt, and species of digging soil megafauna (Section 2.6.3.1), the absence The sites N-9.1 to N-9.4 are at a distance of at of sea feathers means that the legally protected least 28 km from the nearest protected area. biotope type "silt beds with digging soil The distance to the main distribution area of megafauna" can be ruled out. harbour porpoises is around 50 km, and even 54 km to the main concentration area of loons. The site N-5.4 described in the (preliminary) Overall, the areas are of medium importance for drafts of the FEP 2019 under review is at a the protected species of marine mammals and minimum distance of 5 km from the "Sylt Outer sea and resting birds. For the benthic species Reef - Eastern German Bight" nature protected, the areas are assigned average to conservation area; the distance to the nearest above-average importance due to the presence "Eastern German Bight" bird sanctuary is of species of digging bottom megafauna. The around 17 km. The area lies both within the occurrence of legally protected biotopes on the main concentration area of loons and in the sites can be ruled out on the basis of the main distribution area of harbour porpoises. available information. Despite the occurrence of Due to the partly extensive occurrence of the sediments, some with a high proportion of silt, biotopes "Sublittoral sandbank", "reefs" and and species of digging soil megafauna (Section "species-rich gravel, coarse sand and schill 2.6.3.1), the absence of sea feathers means beds", the site N-5.4, which is currently being that the legally protected biotope type "silt beds examined in the (preliminary) drafts of FEP with digging soil megafauna" can be ruled out. 2019, is of great importance with regard to the The connecting pipeline NOR-9-2 runs for just protected asset biotope types. In view of the under 10 km through the protected sandbank relatively high species diversity and the high biotope type, but in the EEZ it runs completely structural heterogeneity, the benthic community outside protected areas. Based on the current can be regarded as above average for the area state of knowledge, potential conflicts could as a whole. According to the current state of thus arise with regard to the route of the knowledge, the surroundings of area N-5.4, connecting pipeline (cf. also the assessment of which is currently under review in the alternatives to bypassing the sandbank in (preliminary) drafts of FEP 2019, are of great Chapter 9.3.4). importance to harbour porpoises and represent the core area of the identified main distribution Sites N-10.1 and N-10.2 are at a distance of at range of harbour porpoise in the German North least 29 km from the nearest protected area. Sea (BMU, 2013; cf. 2.8.3.1). For the protection The distance to the main distribution area of of sea and resting birds, the very high harbour porpoises is 30 km and to the main importance of the area surrounding the entire concentration area of loons 35 km. Overall, the N-5 area for the black-throated and black- areas are of medium importance for the throated divers listed in Annex I of the Birds protected species of marine mammals and sea Directive must be emphasised (cf. 2.9.3.1). and resting birds. Due to the ecological importance of the proven species of burrowing 58 Investigated alternatives Research and monitoring results unanimously possible decrease in migratory intensity with show that the avoidance behaviour of divers increasing distance from the coast. towards offshore wind farms and the associated Consequently, migratory birds are no longer habitat loss is much more pronounced than taken into account when comparing the areas in originally assumed. Current results from the the North Sea that have been designated and wind farm projects in area N-5 show significant are under examination. The same applies to mean avoidance distances of around 15 km in fish, for which the importance of the areas and the western sub-area (cf. Chapter 5.2.2.1). In sites can only be described in general terms on accordance with the precautionary principle and the basis of the available catch data and in order to exclude with the necessary certainty methods. The overview of species records by any hazard to the marine environment within area did not show any particular significance of the meaning of Article 5 (3) WindSeeG and any a specific area for the constant, common significant disturbance within the meaning of character species. Article 44 (1) No. 2 BNatSchG, the FEP - also The result shows that the sites N-9.1 to N-9.4 against the background of a further study on as well as N-10.1 and N-10.2 represent a divers now available - continues to refrain from reasonable alternative to the area N-5.4 designating site N-5.4, which is currently under examined in the (preliminary) drafts of the FEP review in the (preliminary) drafts of FEP 2019 2019, at least in terms of the nature (see Chapters 8.4 and 8.5 of the draft FEP). conservation issues examined here. The required connecting pipeline for the area N- Baltic Sea 5.4, which is currently being examined in the (preliminary) drafts of FEP 2019, runs in the The site O-1.3 in the Baltic Sea is located at a EEZ over a distance of 157 km and thus almost distance of almost 10 km from the nearest completely through the nature reserve "Sylt protected area "Pomeranian Bay - Rönnebank". Outer Reef - Eastern German Bight". It crosses According to the current state of knowledge, the known occurrences of the FFH-LRT benthic biocoenosis in the area of Area O-1.3 is "Sandbank" over a length of around 3 km and of medium importance overall (Section 2.6.3.1 over a distance of around 13 km of suspected Baltic Sea Environmental Information). In the areas of the § 30 biotope "Species-rich gravel, north-eastern area of site O-1.3, a residual coarse sand and schill grounds". In the sediment area with coarser sediments and procedure for the parallel connection system deposits of overgrown stones was identified. SylWin1, it became apparent that bypassing This suspected reef area was not confirmed in these KGS occurrences was problematic. From the course of the suitability test. For harbour a nature conservation point of view, this results porpoises, the area of site O-1.3 is of medium in considerable conflicts with regard to the site to seasonal importance in the winter months. N-5.4, which is being examined in the The importance results from the possible use (preliminary) drafts of the FEP 2019. by individuals of the Baltic Sea's separate and highly endangered harbour porpoise population. For migratory birds, the individual marine areas However, the area is used irregularly by in the area of N-1 to N-13 are of average to harbour porpoises for crossing, staying and as above-average importance overall. The current a source of food (section 2.8.3.1 Baltic Sea state of knowledge does not indicate any Baltic Sea Baltic Sea Unit). For seabirds, all significant differences between the individual findings to date indicate that the area O-1.3 is areas and zones. It is also not possible at of medium importance. Area O-1, in which the present to draw any final conclusion about a site is located, has a medium overall seabird Investigated alternatives 59 occurrence and also only a medium occurrence importance for harbour porpoises. The of endangered species and species requiring seasonally high importance of the area is due to special protection (section 2.9.3.1 Baltic Sea the potential use of the separate and highly Terminal). With regard to migratory birds, the endangered Baltic Sea population of harbour area of the O-1.3 site is of average importance porpoise by individuals during the winter for migrating waterfowl, and of average to months (section 2.8.3.1 Baltic Sea BU). All above-average importance for night migrators. findings to date indicate that the O-2 area is of A differentiated consideration is required for minor importance for seabirds. The area has a migratory birds. Known main migration routes low occurrence of endangered species and are undoubtedly of above-average importance. species requiring special protection (section The neighbouring areas of these main migration 2.9.3.1 Baltic Sea disaster area). Overall, the routes such as the area O-1.3 are probably of area of site O-2.2 under review is of average to average to above-average importance above-average importance for migrating depending on wind force and direction. In waterbirds. In particular, the baseline survey of strong westerly winds, cranes may drift from the the site south of O-2.2 revealed a high number main migration route into the area O-1 (Chapter of common scoter individuals. Thus, 8174 2.10.3.3 Baltic Sea sub-area). The route animals were counted in 2011. This means that connecting area O-1.3 runs in the EEZ outside approx. 1.5% of the biogeographic population protected areas and outside known passed through area O-2, which is of above- occurrences of protected biotopes. There are average importance for the Common Scoter indications of possible conflicts with bird migration. Most of the nocturnal bird migration migration in the O-1.3 site, and the suitability of takes place across a wide front across the the O-1.3 site is currently being reviewed. Baltic Sea. Due to the very high numbers of Based on the results of the SEA within the expected individuals and the significant framework of the suitability test, the need for proportion of endangered species, site O-2.2 is the establishment of guidelines to avoid a of average to above-average importance for significantly increased risk of collision for night migration. certain types of migratory birds is seen. A differentiated observation is necessary for The site under examination O-2.2 is located at crane migration. A total of 1231 migrating a distance of 12 km from the nearest nature cranes were recorded in area O-2 during reserve. The route connecting the area also autumn migration in 2008, which corresponds runs in the EEZ outside nature reserves and to about 3.1% of the resting population of outside known occurrences of protected Western Pomerania or 1.37% of the biotopes. The site O-2.2 has a low structural biogeographic population. The majority of these richness overall. No legally protected biotopes birds may have been displaced by north- are expected to occur in this site (Section westerly winds from a flight path from southern 2.5.4.1 Baltic Sea Environmental Report). The Sweden to south-eastern Rügen. The area O- area is of little significance for benthos. The 2.2 is located close to known main migration predominant benthic species are predominantly routes and is therefore probably of average to composed of species that regenerate rapidly above-average importance for bird migration, (Section 2.6.3.1 Baltic Sea BU). According to depending on wind strength and direction current knowledge, the area is used by harbour (Chapter 2.10.3.3 Baltic Sea Bird Area). Thus, porpoises as a transit area. On the basis of in relation to migratory birds as a protected available information, it is currently possible to asset, especially when viewed cumulatively, deduce that the O-2 area is of medium to high nature conservation conflicts are discernible in 60 Investigated alternatives the O-2.2 site. Questions which cannot yet be 9.4 Technical alternatives conclusively assessed need to be discussed It is the task of the FEP to define the necessary and clarified, for example on the issue of bird routes and locations for the entire network migration and species protection prohibitions topology in the German EEZ up to the border of (Article 44 of the Federal Nature Conservation the 12 sm zone within the framework of the Act), so that the definition of the O-2.2 site will existing framework conditions in terms of space be further examined within the framework of the and time with regard to the calendar years of continuation of the FEP.Alternative routes for commissioning. gates N-IV and N-V The TSO obliged to connect the offshore wind Alternative routes to Lower Saxony for gate N-II farms in the Baltic Sea to the grid has so far (Norderney) were assessed for the NOR-7-2 pursued a connection concept based on three- system, in addition to the route proposed in the phase current technology. When three-phase plan for gate N-IV/N-V. These are solely spatial technology is used, offshore wind farms are variants as they do not represent an alternative connected to the grid by combining the in temporal terms. Please see the alternative electricity generated by the individual wind assessment of NOR-3-2 and NOR-6-3 for NOR- turbines of one or more farms on a transformer 7-2 in the draft Site Development Plan in platform and from here via a three-phase chapter 5.5.2. submarine cable system directly onshore and In BFO-N 2016/2017, instead of NOR-7-2, the further to the grid connection point. In contrast connecting line NOR-5-2 led to boundary to the standard concept in the North Sea corridor (HVDC transmission), no separate converter N-V. Therefore, an alternative consideration of platform is required for the grid connection NOR-7-2 and NOR-5-2 for boundary corridor N- itself, thus saving space. However, in order to V is given here (see Fehler! Verweisquelle dissipate a given power output, a higher konnte nicht gefunden werden.). It should be number of cable systems is necessary when noted that the specification of region N-5 and using three-phase technology due to the lower site N-5.4 is still being assessed (see chapter transmission capacity of three-phase submarine Fehler! Verweisquelle konnte nicht cable systems. gefunden werden.). Due to the low wind farm capacity in the Compared with the NOR-7-2 and NOR-5-2 German Baltic Sea EEZ expected for routes for boundary corridor N-V, a significantly commissioning from 2026 compared to the higher number of crossings is required with capacity of an HVDC transmission system, a existing or planned cables or pipelines for the connection by means of a DC system would NOR-7-2 route. However, it also appears that probably lead to permanent vacancies. the route from NOR-5-2 to gate N-V, at a The transmission system operator plans, builds distance of 159 km, would be almost 70% and operates the transformer platform of the longer than the NOR-7-2 route (94 km). grid connection system. A separate platform of Moreover, NOR-5-2 would run almost entirely the offshore wind farm is unlikely to be within the nature conservation area and, in necessary due to its proximity to the coast and places, within or in the immediate vicinity of the transformer platform may also be used in known section 30 biotope occurrences. Overall, coordination with the TSO. In this way, the therefore, the proposed NOR-7-2 alternative is costs incurred by an additional platform for the expected to have less impact on the marine grid user as well as the associated additional environment than the route of NOR-5-2. Measures envisaged for monitoring the environmental impacts 61 space requirements and environmental impacts unforeseen adverse effects at an early stage during construction, operation and dismantling and take appropriate remedial action. can be avoided. Accordingly, in accordance with section 40 The offshore connection lines in the Baltic Sea subsection 2 no. 9 UVPG, the environmental are therefore basically designed similarly to the report is to specify the measures envisaged for connection concept known from the BFO-O monitoring the significant environmental effects based on three-phase current technology, of implementation of the plan. Monitoring is the whereby the responsibility for planning, responsibility of the Federal Maritime and construction and operation of the transformer Hydrographic Agency, which is the authority platform has been shifted to the transmission responsible for the Strategic Environmental system operator. Assessment (see section 45 subsection 2 UVPG). As intended by Art. 10 subsection 2 of Two of the grid connection systems already the SEA Directive and section 45 subsection 5 implemented by the TSO in the Baltic Sea area of the UVPG, existing monitoring mechanisms to connect offshore wind energy projects in the may be used to prevent duplication of O-3 area of the FEP and in the territorial sea monitoring work. According to section 45 are based on a transmission voltage of 150 kV. subsection 4 UVPG, the results of the For the other three systems currently being monitoring activities are to be taken into implemented to connect offshore wind farm account in the updating of the Site projects in the O-1 area, an increase of the Development Plan. transmission voltage to 220 kV has been implemented. By designing for a voltage level of With regard to the planned monitoring activities, 220 kV, the highest possible transmission it should be noted that the actual monitoring of capacity per cable system - for the three-phase the potential effects on the marine environment connection - can be realised and the can only begin when the Site Development Plan transmission task can be fulfilled with as few is implemented, i.e. when the decisions made cable systems as possible. Using a lower within the framework of the plan are transmission voltage would therefore lead to a implemented. Nevertheless, the natural higher number of cable systems and thus be development of the marine environment, less environmentally friendly. including climate change, should not be disregarded when assessing the results of A possible further increase of the voltage level monitoring activities. However, general is not necessary for the connection systems in research cannot be carried out within the the Baltic Sea EEZ due to the limited power to framework of monitoring. Therefore, project- be transmitted. Furthermore, an increase would related monitoring of the effects of the uses not lead to a reduction in the number of cable regulated in the plan is of particular importance. systems required. The main function of plan monitoring is to bring 10 Measures envisaged for together and evaluate the results of different monitoring the phases of monitoring at the level of individual projects or clusters of projects developed in a environmental impacts spatial and temporal context. The assessment The potential significant effects on the will also cover the unforeseen significant effects environment resulting from the implementation of the implementation of the plan, the marine of the plan are to be monitored in accordance environment and the review of the forecasts in with section 45 UVPG. The aim is to identify the environmental report. In this context, in 62 Measures envisaged for monitoring the environmental impacts accordance with section 45 subsection 3  Evaluation of measures to prevent and UVPG, the Federal Maritime and Hydrographic mitigate significant effects on the marine Agency will ask the competent authorities for environment, the monitoring results available there; these are  Development of norms and standards. required for implementation of the monitoring activities. The following data and information are required in order to assess the possible effects of the Results from existing national and international plan: monitoring programmes must also be taken into account, also with a view to preventing 1. Data and information available to the duplication of work. The monitoring of the Federal Maritime and Hydrographic Agency conservation status of certain species and within the scope of its responsibility: habitats required pursuant to Art. 11 of the  Data resources from previous EISs and Habitats Directive must also be included, as monitoring activities of offshore projects must the investigations to be carried out in the that are available to the Federal context of the management plans for the nature Maritime and Hydrographic Agency for conservation area "Pommeranian Bight – review (according to the Offshore Rönnebank". It will also provide links with the Installations Ordinance), measures provided in the Marine Strategy Framework Directive and the Water Framework  Data resources from the right of Directive. subrogation (according to WindSeeG), In summary, the planned measures for  Data resources from the preliminary monitoring the potential effects of the plan can investigations (according to WindSeeG), be summarised as follows:  Data resources from the construction  The collection of data and information that and operation monitoring of offshore can be used to describe and assess the wind farms and other uses, status of areas, factors and potential effects  Data from national monitoring, collected of the development of individual projects, by the Federal Maritime and  Development of suitable procedures and Hydrographic Agency or by the Leibniz criteria for evaluation of the results from Institute for Baltic Sea Research on effect monitoring of individual projects, behalf of the Agency,  Development of procedures and criteria for  Data from Federal Maritime and evaluation of cumulative effects, Hydrographic Agency research projects.  Development of procedures and criteria for 2. Data and information from the areas of forecasting possible effects of the plan in a responsibility of other Federal and State spatial and temporal context, authorities (on request):  Development of procedures and criteria for evaluating the plan and adapting or, where  Data from national monitoring of the appropriate, optimising it as part of the North Sea and the Baltic Sea (formerly update, BLMP),  Data from monitoring activities as part of the implementation of the Marine Strategy Framework Directive, Measures envisaged for monitoring the environmental impacts 63  Data from the monitoring of Natura 2000 When combining and evaluating the results sites, from monitoring at project level and from other national and international monitoring  Data provided by States from monitoring programmes, and from the accompanying activities in coastal waters, research, it will be necessary to review the gaps  Data from other authorities responsible in knowledge and uncertain forecasts presented for the authorisation of uses at sea in the environmental report. This applies in according to other legal bases, e.g. the particular to forecasts concerning assessment Federal Mining Act, maritime traffic of significant effects on the marine environment monitoring (AIS), fisheries monitoring from the uses regulated in the Site (VMS) Development Plan. The cumulative effects of defined uses are to be assessed regionally and 3. Data and information from Federal and supraregionally. State research projects, e.g.: 10.1 Monitoring of potential effects of  HELBIRD / DIVER, areas and sites for offshore wind  Sediment EEZ turbines The investigation of the potential environmental 4. Data and information from evaluations effects of areas and sites for offshore wind carried out within the scope of international energy is to be carried out at project level on committees and conventions the basis of the standard "Investigation of  HELCOM impacts of offshore wind turbines (StUK4)" and in coordination with the Federal Maritime and  ASCOBANS Hydrographic Agency. The results from the  AEWA investigations of the offshore wind farm projects are to be used as a basis for assessment of the  BirdLife International. locations with regard to the biological factors. For reasons of practicability and appropriate Monitoring during construction of foundations implementation of requirements from the by means of pile-driving work involves strategic environmental assessment, the measuring underwater noise and acoustic Federal Maritime and Hydrographic Agency will recordings of the effects of pile-driving noise on pursue an approach focusing on the marine mammals using POD measuring interdisciplinary compilation of information on instruments. Additional monitoring measures the marine environment that is as ecosystem- are also planned in order to assess the effects oriented as possible when monitoring the of the stratification of the water under certain possible effects of the plan. hydrographic conditions on the propagation of To be able to assess the causes of planned pile-driving noise in the Baltic Sea, and to allow changes in parts or individual elements of an further measures to be implemented if ecosystem, the anthropogenic variables from necessary. These measures may include spatial observation (e.g. technical information additional noise measurements coupled with on shipping traffic from AIS data resources) CTD measurements at different water depths in must also be considered and included in the order to detect possible changes in noise assessment. propagation attenuation due to stratification of the water body. 64 Measures envisaged for monitoring the environmental impacts Investigations are required for all factors in o ProBird, forecast of migratory bird accordance with the requirements of StUK4 for activity, the entire duration of the construction phase o ERa, field report on pile-driving noise, and for a period of between three and five years. o Schall [Noise] I and II, development No special monitoring is required during the of a specialist information system for operating phase. underwater noise, The Federal Maritime and Hydrographic o Schall [Noise] I and II, evaluation of Agency implements a whole range of projects underwater noise measurements. as part of its accompanying research into the The measures implemented to date include possible impacts of offshore wind turbines on development of measurement regulations for the marine environment. measuring underwater noise (2011), The Federal Maritime and Hydrographic development of measurement regulations for Agency's research projects directly related to determining the effectiveness of noise the possible effects on factors and the mitigation systems (2013), and cooperation on development of norms and standards include the development of ISO 18406:17 and DIN the following: SPEC 45653.  Project ANKER "Approaches to cost The results from ongoing Federal Maritime and reduction in the surveying of monitoring data Hydrographic Agency projects will be directly for offshore wind farms", FKZ 0325921, with incorporated into the further development of funding from the Federal Ministry for standards, such as the development of StUK5. Economic Affairs and Energy/PtJ, 10.2 Monitoring of potential effects of  R&D study BeMo "Evaluation approaches for platforms underwater noise monitoring in connection with offshore licensing procedures, regional The same monitoring measures as stated in development and the Marine Strategy 10.1 are to be applied to the platforms provided Framework Directive", with funding from the for in the Site Development Plan. Federal Ministry of Transport and Digital Infrastructure/Federal Maritime and 10.3 Monitoring of the potential Hydrographic Agency, effects of sea cables  R&D project "Sound mapping", with funding As for submarine cable systems, the potential from the Federal Ministry of Transport and impact on the marine environment can only be Digital Infrastructure/Federal Maritime and assessed in the specific project. For the first Hydrographic Agency, time, StUK4 (standard examination concept 4) also contains minimum requirements for the  R&D cooperation, NavES "Eco-friendly investigation of submarine cable routes with offshore developments", with funding from regard to benthos, biotope structure and the departmental research plan of the biotope types during the baseline survey and Federal Ministry for the Environment, Nature the operational phase of the submarine cable Conservation and Nuclear Safety; several systems. For example, during the baseline sub-projects belong to NavES: survey, each biotope structure determined by o MultiBird, investigation of the collision sediment investigations along the cable route risk of migratory birds, must be covered by at least three cross- Measures envisaged for monitoring the environmental impacts 65 transects for the benthos investigations. In in the EEZ. The pooling of information leads to addition, one cross-transect each must be an increasingly solid basis for impact placed at the start and end points of the route. forecasting. Each cross-transect in turn consists of five The general intention is to keep data from stations. Identified suspected areas of biotopes research, projects and monitoring consistent protected according to § 30 BNatSchG are to and to make it available for competent be additionally investigated for spatial evaluation. In particular, the creation of joint delimitation according to the current mapping overview products for the verification of the instructions of the BfN. plan's impacts is to be aimed at here. The After the cable system has been laid, its spatial data infrastructure already in place at location has to be verified to the licensing the BSH, with data from physics, chemistry, authority in accordance with current licensing geology and biology, as well as use of the sea, practice in the first five years of operation by at will be used as a basis for the compilation and least one survey per year. The number of evaluation of ecologically relevant data and will surveys in the following years is determined by be further developed accordingly. the licensing authority on a case-by-case basis. With regard to the compilation and archiving of The surveys with regard to the marine ecologically relevant data from project-related environment are to be performed in monitoring and accompanying research, it is coordination with the licensing authority on a planned in detail that data collected in the project-specific basis. As far as possible, the course of accompanying ecological research investigation methods shall be described as will also be compiled in the BSH and archived described in the "Standard - Investigation of the in the long term. The data on biological assets Impacts of Offshore Wind Turbines on the from baseline surveys of offshore wind energy Marine Environment (StUK4)". One year after projects and from monitoring of the construction commissioning of the submarine cable systems, and operating phases are already being investigations of the benthic biotic communities collected and archived at the BSH in a on the same transects as in the baseline survey specialist information network for environmental are to be carried out to verify possible impacts assessments, known as MARLIN (MarineLife of the construction and operation phase. Investigator).. To monitor the implementation of the plan, measures are also planned which will help to verify the forecasts made with regard to significant impacts of offshore wind energy and, if necessary, to adjust utilisation strategies and planned avoidance and mitigation measures or to review evaluation criteria, in particular with regard to cumulative effects. Within the framework of the SEA for the plan, new findings from the environmental impact studies and from the joint evaluation of research and EIA data are used (cf. Chapter 2). A joint evaluation of research and EIA data also produces products that provide a better overview of the distribution of biological assets 66 Non-technical summary 11 Non-technical summary purposes of the plan. The FEP has the character of a sectoral plan. §§ Under Sections 4 et seq. of the Wind Energy As an important control instrument, the sectoral at Sea Act (WindSeeG), the BSH prepares a plan is designed to plan the use of offshore site development plan (FEP) in agreement with wind energy in a targeted and as optimal as the Federal Network Agency (BNetzA) and in possible by defining areas and sites as well as coordination with the Federal Agency for Nature locations, route and route corridors for grid Conservation (BfN), the Directorate-General for connections or for cross-border submarine Waterways and Shipping (GDWS) and the cable systems. coastal Länder. The FEP contains provisions for the expansion The FEP was first drawn up in 2018 and 2019 of offshore wind energy plants and the offshore and was published on 28 June 2019 and is connection lines required for this purpose for currently being updated. When the FEP was the period from 2026 to at least 2030 with the drawn up, a detailed environmental assessment aim of was carried out in accordance with the Environmental Impact Assessment Act (UVPG),  to achieve the expansion target under § 4 the so-called Strategic Environmental No. 2b of the EEG, Assessment (SEA). The environmental reports  expand electricity generation from offshore were also published on 28.06.2019. The wind turbines in a spatially ordered and performance of a Strategic Environmental space-saving manner, and Assessment with the preparation of an  to ensure the orderly and efficient use and environmental report is based on § 35 para. 1 utilisation of offshore connecting lines and no. 1 UVPG in conjunction with No. 1.17 of to plan, construct, commission and use Annex 5, as site development plans are subject offshore connecting lines in parallel with to the SEA obligation under Article 5 the expansion of electricity generation from WindSeeG. In principle, this also applies if the wind turbines at sea. FEP is updated or amended. Within the framework of the central model, the The SEA for the FEP 2019 does not formally FEP is the control instrument for the orderly include new areas and the definition of new expansion of offshore wind energy in a staged areas or other energy production areas. Thus, a planning process. The FEP SEA is linked to strategic environmental assessment must be upstream and downstream environmental carried out for the definitions that have not yet assessments. The FEP classifies itself as been reviewed, as it is in any case not possible sectoral planning in accordance with the higher- to rule out the possibility of anticipated level regional planning. In the next step, the significant environmental impacts. Insofar as areas for offshore wind energy plants defined in new findings on existing provisions are the FEP are pre-examined. If the suitability of a available and relevant, these will also be taken site for the use of offshore wind energy is into account. established, the site is put out to tender and the The main document of the SEA is the present winning bidder can submit an application for environmental report. It identifies, describes approval (planning approval or planning and assesses the likely significant effects that permission) for the construction and operation the implementation of the FEP will have on the of wind energy plants on the site. There is no environment and possible alternative planning preliminary investigation for the defined options, taking into account the essential platform sites and cable routes. Non-technical summary 67 With regard to the character of the FEP as a the specifications in terms of time as the controlling planning instrument, the scope of the chronological order of the call for tenders or the assessment of presumably significant calendar years of commissioning that are environmental impacts is characterised by a relevant here, since these do not cause any larger scope of investigation and, in principle, a further environmental impacts compared to the smaller depth of investigation. Just as with the spatial specifications. Although some planning instrument of maritime spatial planning, the and engineering principles serve, among other focus of the assessment is on the evaluation of things, to reduce environmental impacts, they cumulative effects and the examination of may also lead to impacts themselves, so that alternatives. an assessment is required. The establishment, updating and amendment of The assessment of the likely significant the FEP and the implementation of the SEA will environmental effects of the implementation of be carried out with due regard for the objectives the FEP includes secondary, cumulative, of environmental protection. These provide synergistic, short-, medium- and long-term, information on the environmental status that is permanent and temporary, positive and to be achieved in the future (environmental negative effects in terms of the goods to be quality objectives). The objectives of protected. environmental protection can be seen in an The basis for assessing potential impacts is a overall view of the international, Community detailed description and assessment of the and national conventions and regulations which environmental status. The SEA has been deal with marine environmental protection and carried out with regard to the following objects on the basis of which the Federal Republic of of protection: Germany has committed itself to certain principles and objectives.  Area Strategic Environmental Assessment  Floor methodology  Water In the present environmental report, the  Plankton methodology of the SEA of the Federal Sectoral Plans Offshore (BFO), which has already been  Biotope types used as a basis, is built on and further  Benthos developed with a view to the additional  Fish specifications made in the FEP that go beyond the BFO.  Marine mammals The methodology is based primarily on the  Avifauna provisions of the plan to be examined. Within  bats the framework of this SEA, it is determined,  Biological diversity described and evaluated for each of the specifications whether the specifications are  Air likely to have significant impacts on the objects  Climate of protection concerned. The subject matter of the environmental report corresponds to the  Landscape specifications of the FEP as listed in Article 5  cultural heritage and other tangible assets para 1 WindSeeG. However, it is not so much 68 Non-technical summary the consideration of the protected areas. In  people, in particular human health order to depict the spectrum of possible  Interactions between protected goods (realistic) developments, the assessment is essentially based on a range of individual The description and assessment of the likely parameters. This enables the most significant environmental impacts is carried out comprehensive possible description and separately for areas and land, platforms and assessment of the current planning status with submarine cable systems. Furthermore, where regard to the protected interests. necessary, a differentiation is made according Regarding the areas, irrespective of the to different technical designs. The description concrete definition in the plan and the and assessment of the probable significant probability of implementation in the Baltic Sea impacts of the implementation of the FEP on EEZ, a total of 3 areas are assumed in the the marine environment also refers to the sense of a worst-case consideration. In protected assets described. All plan contents accordance with § 5 para. 1 no. 5 WindSeeG, which may potentially have significant the expected capacity of offshore wind energy environmental impacts are examined. plants to be installed is to be specified in the The effects of construction and dismantling as FEP for the areas or specifically for the areas. well as the effects of plant and operating Although one or more layouts for offshore wind conditions are considered. In addition, effects farm planning are not taken as a basis for that may arise in the course of maintenance determining the expected installed capacity, and repair work are also taken into account. certain parameters such as number of turbines, This is followed by a description of possible hub height, height of the lower rotor tip, rotor interactions, a consideration of possible diameter, total height, diameter of foundation cumulative effects and potential cross-border types and scour protection are assumed in this impacts. SEA for a consideration related to the An assessment of the impacts caused by the protection of the environment. FEP's specifications is carried out on the basis Also, when examining the sites for platforms, of the status description and status assessment certain parameters are taken as a basis, such and the function and significance of the as the number of platforms or the length of the individual areas, sites and routes for the park's internal cabling. When determining individual objects of protection on the one hand, routes and route corridors for submarine cable and the impacts emanating from these systems, certain widths of the cable trench and specifications and the resulting potential the number and area of the crossing structures impacts on the other. A forecast of the project- and platforms are assumed. related impacts when the FEP is implemented According to § 5 Para. 2a WindSeeG, the FEP is based on the criteria of intensity, scope and can also make specifications for "other energy duration of the effects. production areas" for a total of 40 to 70 km². Within the framework of the impact prognosis, Pursuant to § 3 No. 8 WindSeeG, another specific framework parameters for areas and energy production area is an area outside areas sites, for platform locations and for cable routes where offshore wind energy turbines and other are used as a basis for evaluation. Although no energy production facilities can be erected in a wind farm layouts are specified in the FEP to spatial context. The installations may not be determine the expected installed capacity, connected to the public grid. Within the certain parameters are assumed in the SEA for framework of the strategic environmental Non-technical summary 69 assessment, a "classic" offshore wind farm is these impairments will probably only have a assumed on the basis of the knowledge gained small-scale effect and are limited in time. Due to date with regard to electricity generation. to the nature of the plant, changes in the Environmental impacts beyond this are strongly species composition may occur as a result of dependent on the respective use variant and local land sealing and the introduction of hard are therefore comprehensively examined at the substrates in the immediate vicinity of the approval level. In this respect, the SEA for the building. As the colonisation of the artificial hard other areas of energy generation is carried out substrates is associated with an accumulation in the same way as the assessment of areas for of organic material, a local lack of oxygen may offshore wind energy. occur due to the biological degradation process. In the Baltic Sea EEZ, the current draft FEP The laying of the submarine cable systems is proposes SEO-1 as a possible other energy also only expected to cause small-scale production area. The other energy production disturbances of the benthos by sediment area SEO-1 is under examination due to upheavals and turbidity plumes in the area of possible conflicts of use with regard to nature the cable route. Possible effects on the benthos conservation issues, in particular bird migration. depend on the installation methods used and the geological and hydrographic conditions. Benthos With the comparatively gentle installation using The inventory of species in the Baltic Sea EEZ, the flushing method, only minor disturbances of with its approximately 250 macrozoobenthos the benthos in the area of the cable route are to species, can be regarded as average. The be expected. Local sediment shifts and turbidity benthic communities are also typical for the plumes are to be expected during the laying of Baltic Sea EEZ and for the most part do not the submarine cable systems. In more cohesive exhibit any special features. According to the soils, the cable systems are milled in or laid currently available studies, the with a heavy plough. These procedures are macrozoobenthos of the Baltic Sea EEZ is also also associated with disturbance of the considered average due to the proven number sediment and benthic fauna and sediment of Red List species. Investigations of turbulence. macrozoobenthos in the context of the licensing In areas with a lower proportion of fine grains, procedures for offshore wind farms and grid most of the released sediment will settle connections from 2002 to 2015 have confirmed relatively quickly in the immediate vicinity of the this assessment. The species inventory found cable route. In areas with soft sediments and and the number of Red List species indicate an correspondingly high fine-grain content, the average importance of the study area for near-bottom currents are relatively low, so that benthic organisms. only temporary, local effects can be expected Deep foundations of wind turbines and for these areas as well. In the short term, platforms cause small-scale and short-term pollutants and nutrients may be released from disturbances of the seabed, sediment the sediment into the soil water. The potential upheavals and the formation of turbidity release of pollutants from the sandy sediment is plumes. The resuspension of sediment and the negligible. In the area of silty and clayey subsequent sedimentation can lead to an seabeds, a significant release of pollutants from impairment or damage of the benthos in the the sediment into the bottom water can occur. immediate vicinity of the foundations for the The pollutants generally adhere to sinking duration of construction activities. However, particles which, due to the low currents in the 70 Non-technical summary Baltic Sea basins, hardly drift over long released during construction, and potential distances and remain in their original habitat changes. Direct claiming of nature environment. In the medium term, this conservation areas is generally not permitted remobilised material is deposited again in the for wind turbines and platforms. In accordance silty basins. with the planning principles of the FEP, known occurrences of protected biotopes are to be Benthic habitats are directly overbuilt in the avoided as far as possible in accordance area of necessary rock fills for cable crossings with Article 30 BNatSchG, or treated with or where it is locally necessary to lay cable particular importance in the specific approval sections on the seabed. The resulting habitat procedure. In addition, the planned route of the loss is permanent but small-scale. The result is pipeline bypasses the currently known a non-native hard substrate that can cause occurrences of reefs and suspected reef areas. changes in species composition on a small scale. Owing to the predominant sediment composition in areas where occurrences of Due to operational conditions, the uppermost protected biotope types are to be expected, sediment layer of the seabed directly above the impairments due to overburdening are likely to cable system may become warmer, which may be small-scale, as the released sediment will lead to impairments of benthic communities. settle quickly. Due to the prevailing low ground- With the planning principle for sediment level currents, even in areas with soft warming, the FEP stipulates that the 2 K sediments, turbidity plumes which clearly criterion must be met. According to BfN's exceed natural suspended sediment maxima assessment, this precautionary value ensures can only be expected up to a distance of about with sufficient probability, based on current 500 m. The released material remains in the knowledge, that significant negative impacts of water column long enough to be distributed cable heating on the marine environment are over a large area, so that due to the avoided. comparatively low volumes, hardly any As things stand at present, the planned detectable thickness of the deposited material transformer or collection platforms and can be expected. Simulations show that the submarine cable routes are not expected to released sediment will have settled again after have any significant impacts on the protected max. 12 hours. Thus, according to the current resource benthos if the 2 K criterion is met. state of knowledge, the impairments will Only very small-scale areas outside of generally remain small-scale and temporary. protected areas will be used. Due to the usually Permanent habitat changes are limited to the rapid regenerative capacity of the existing immediate vicinity of foundations and rock fills, populations of benthic organisms with short which are required in the case of cable laying generation cycles and their widespread on the seabed and cable crossings. Stone distribution in the German Baltic Sea, rapid rubble permanently represents a hard substrate recolonisation is very likely. that is foreign to the site. This provides new Biotope types habitats for benthic organisms and can lead to Possible impacts of wind turbines, platforms a change in the species composition. These and submarine cable systems on the protected small-scale areas are not expected to have any asset biotope types can result from direct use of significant impact on the protected biotope protected biotopes, possible covering by types. In addition, the risk of a negative impact sedimentation of construction-related material on the benthic soft soil community by species Non-technical summary 71 untypical of the area is low, since it is highly construction phase, fish may be temporarily likely that the species will be recruited from frightened away by noise and vibrations. Noise natural hard substrate habitats. during the construction phase must be reduced by appropriate measures. Further local impacts Fish on the fish fauna may be caused by the According to current knowledge, the fish additional hard substrates introduced as a communities typical of the habitat occur in the result of possible changes in benthos. Sediment German EEZ. The pelagic fish community, warming and magnetic fields that could represented by herring, sprat, salmon and sea emanate from submarine cables are also not trout, has been identified, as has the demersal expected to have any lasting effects on mobile fish community, consisting of large fish species fish fauna. such as cod, plaice, flounder and dab. Due to Marine mammals the habitat-typical fish communities, the fish fauna is of average importance with regard to The areas and zones defined in the FEP in the its specificity. In the eastern part of the EEZ, a Baltic Sea EEZ are part of the harbour porpoise total of 45 fish species have been identified in habitat, as is the whole of the Western Baltic various studies, including 6 Red List species. Sea. According to current knowledge, these According to current knowledge, the planned areas are used by harbour porpoises as transit sites do not represent a preferred habitat for areas. There is currently no evidence that the any of the protected fish species. As a result, areas and sites have any particular function as the fish stock in the planning area is not feeding grounds or breeding grounds for ecologically significant compared to harbour porpoises. Seals and grey seals only neighbouring marine areas. According to sporadically use the three areas O-1 to O-3 as current knowledge, the planned construction of transit areas. On the basis of the findings from wind farms and the associated platforms and the monitoring of Natura 2000 areas and from sea cable routes are not expected to have a studies for offshore wind farms, it can currently significant impact on the protected fish species. be deduced that areas O-1 and O-2 are of The effects on the fish fauna during the medium to seasonal importance for harbour construction of the wind farms, platforms and porpoises. The seasonally high importance of submarine cable systems are limited in space the area results from the possible use by and time. During the construction phase of the individuals of the separate and highly foundations, the platforms and the laying of the endangered Baltic Sea population of harbour submarine cable systems, the fish fauna may porpoise during the winter months. For harbour be temporarily affected in small areas by seals and grey seals these areas are of no sediment turbulence and the formation of particular importance. turbidity plumes. Due to the prevailing sediment Hazards to marine mammals can be caused by and current conditions, the turbidity of the water noise emissions during the installation of the is expected to decrease again quickly. Based foundations of transformer or collection on the current state of knowledge,the platforms. Without the use of noise-reducing impairments will therefore remain small-scale measures, considerable disturbance to marine and temporary. Overall, small-scale impacts on mammals during pile driving in individual adult fish can be expected to be minimal. In subspaces cannot be ruled out. In the specific addition, the fish fauna is adapted to the natural approval procedure, therefore, the driving of sediment turbulence caused by storms that is piles of the transformer or collection platforms typical for this area. Furthermore, during the will only be permitted with the use of effective 72 Non-technical summary noise abatement measures. For this purpose, habitats of the Pomeranian Bay and the Adler the FEP will stipulate the principle of noise Ground. Overall, the area has a medium reduction in the text. seabird occurrence and a medium occurrence of endangered and particularly worthy of This states that the installation of the protection species. According to current foundations is only to be carried out in knowledge, areas O-2 and O-3 are of minor compliance with strict noise reduction importance as feeding and resting habitats for measures. In the specific approval procedure, seabirds. Both areas have a low occurrence of extensive noise reduction measures and endangered species and species requiring monitoring measures are ordered to ensure special protection. They do not belong to the compliance with applicable noise protection main resting, feeding and wintering habitats of values (sound event level (SEL) of 160 dB re species listed in Annex I of the directive. Due to 1µPa²s and peak level of 190 dB re 1µPa at a the depth of the water and the composition of distance of 750 m around the pile driving or the ground, all three areas are of limited placement site). Suitable measures are to be importance as feeding grounds for diving sea taken to ensure that no marine mammals are ducks. Like divers, they use the areas mainly as present in the vicinity of the pile-driving site. transit areas. Due to the distance to the coastal According to current knowledge, significant breeding colonies, the areas are of no particular impacts on marine mammals caused by the importance as feeding grounds for breeding operation of the transformer or collection birds. platforms can be excluded. In the first place, disturbances for sea birds and The exclusion of the construction of transformer resting birds during the construction phase are and assembly platforms in Natura 2000 sites caused by light emissions and visual contributes to reducing the risk to harbour disturbance. These can cause different species- porpoises in key feeding and breeding areas. specific chasing and barrier effects. Direct The construction and operation of the planned disturbances in the construction phase are to transformer or collection platforms is not be expected locally and for a limited period of expected to have any significant adverse time. Due to the high mobility of birds, effects on marine mammals at present, significant effects can be ruled out with a high following implementation of the mitigation degree of certainty. During the construction measures to be ordered in individual phase, which is limited in time, no significant procedures in accordance with the planning impacts on sea birds or resting birds are to be principle and corresponding compliance with expected, either through the construction of the applicable noise protection values. Nor are any planned wind energy plants and platforms or significant impacts on marine mammals to be through the laying of the planned submarine expected from the laying and operation of cable systems. Construction-related scare submarine cable systems. effects are local and do not go beyond the Seabirds and resting birds disturbances generally associated with slow The individual areas for offshore wind energy in ship movements. the Baltic Sea EEZ have different importance For certain bird species, wind farms and for sea birds and resting birds. Overall, area O- platforms will have a permanent but, according 1 is expected to be of medium importance for to current knowledge, not significant disturbing seabirds. The area touches the southern and and chasing effect. A possible collision risk for south-eastern edges of the extensive resting species at risk of collision can be excluded with Non-technical summary 73 the necessary safety through species-specific Potential cumulative effects caused by the wind behaviour and possible plant configurations. turbines, transformer and collection platforms in Due to the exclusionary effect of wind farms conjunction with other planned offshore wind and platforms in Natura 2000 areas, habitat farms are dealt with in the section on losses in important habitats are reduced. cumulative effects. As a result, significant impacts caused by the During the construction phase, which is limited construction or relocation of platforms, wind in time, no significant impacts on migratory energy plants and submarine cable systems as birds are to be expected from the erection of well as by the respective operation on the the planned wind turbines, transformer or protected property of sea and resting birds can collection platforms or from the laying of the be excluded with the necessary safety. planned submarine cable systems, according to current knowledge. Construction-related Migratory birds deterrent effects are local and do not go beyond The EEZ of the Baltic Sea is of average to the disturbances generally associated with slow above average importance for bird migration. ship movements. Up to one billion birds migrate across the Baltic bats Sea every year. The Baltic Sea is an important transit area for sea ducks and geese from Migration movements of bats across the Baltic Northern Europe and Russia (as far as Western Sea have been documented in various ways, Siberia), with much of the migration in autumn but concrete information on migratory species, taking place in an east-west direction close to migration corridors, migration heights and the coast. The western Baltic Sea is flown over migration concentrations is still missing. by several species requiring special protection Previous findings only confirm that bats, (e.g. White-cheeked Goose, Whooper Swan, especially long-distance migratory species, Eider, Scoter and Velvet Scoter) at sometimes migrate across the Baltic Sea. Based on high intensities. Thermal gliders and other observations to date, it is assumed that bats tagging land birds prefer to migrate along the tend to migrate across the sea in "bird flight line" (islands of Fehmarn, Falster, concentrations (swarms), probably at Møn and Seeland, Falsterbo). East of this main considerable flight altitudes and on regularly route, these birds migrate at a much lower used migration routes. density. The western Baltic Sea is of above- Hazards can be caused to bats during the average importance for crane migration. operational phase of wind turbines and Possible effects of the planned wind farms and platforms. The sensitivity of bats to structures transformer or collection platforms for migratory on land and the associated risk of collisions is birds may be that they represent a barrier or a well known, as is the risk of collision with wind risk of collision. In the clear weather conditions turbines. Furthermore, possible barrier effects preferred by birds for their migration, the as well as habitat or attraction effects on land probability of collision with a wind turbine, are also known. However, the effects of transformer or collection platform is low. Poor offshore structures are largely unknown. weather conditions increase the risk. It can be A cumulative consideration of the hazard risk is assumed that any negative impacts can be currently not possible due to a lack of reliable reduced by ensuring that lighting is as data. compatible as possible during operation of wind turbines, transformer or collection platforms. Air quality 74 Non-technical summary The construction and operation of the platforms to a small-scale change in the food supply. and the laying of submarine cable systems as Furthermore, the areas and land included in the part of the implementation of the FEP will have FEP are not considered to be of particular no measurable impact on air quality. importance for protected goods at the higher food web level. Biological diversity Due to the variability of the habitat, interactions Biological diversity encompasses the diversity can only be described in a very imprecise of habitats and biotic communities, the diversity manner overall. In principle, it can be stated of species and genetic diversity within species that, according to the current state of (Art. 2 Convention on Biological Diversity, knowledge, no interactions are discernible that 1992). The public focus is on species diversity. could result in a threat to the marine With regard to the current state of biodiversity in environment. the Baltic Sea, it should be noted that there are Cumulative effects countless indications of changes in biodiversity and species structure at all systematic and Soil, benthos and biotope types trophic levels in the Baltic Sea. These are A substantial part of the environmental impacts mainly due to human activities, such as fishing caused by the areas and surfaces, platforms and marine pollution, or to climate change. Red and submarine cable systems on soil, benthos lists of endangered animal and plant species and biotopes will occur exclusively during the have an important monitoring and warning construction period (formation of turbidity function in this context, as they show the status plumes, sediment shifting, etc.) and on a of the populations of species and biotopes in a spatially narrowly defined area. Particularly due region. Possible impacts on biodiversity are to the gradual implementation of the dealt with in the environmental report in construction projects, construction-related connection with the individual objects of cumulative environmental impacts are not very protection. In summary, according to current likely. knowledge, the planned expansion of offshore wind energy and the associated grid expansion Possible cumulative impacts on the seabed, are not expected to have any significant impact which could also have a direct impact on the on biodiversity. benthos and specially protected biotope types to be protected, result from the permanent Interactions direct land use of the foundations of the wind In general, impacts on a protected good lead to turbines and platforms and from the cable various consequences and interactions systems laid. The individual impacts are between the protected goods. The essential basically small-scale and local. interdependence of the biotic objects of To estimate direct land use, a rough calculation protection exists via the food chains. Possible is made on the basis of the areas/areas, interactions during the construction phase result platforms and submarine cable systems from sediment rearrangements and turbidity planned in the RDP in conjunction with existing plumes, as well as noise emissions. However, installations and planning under the transitional these interactions occur only very briefly and system. The calculated land use is based on are limited to a few days or weeks. ecological aspects, i.e. the calculation is based Plant-related interactions, e.g. through the on the direct ecological loss of function or the introduction of hard substrate, are permanent, possible structural change in the area caused but only locally to be expected. This could lead by the installation of foundations and cable Non-technical summary 75 systems. In the area of the cable trench, be significantly affected by the fact that, if pile- however, the impact on sediment and benthic driving takes place simultaneously at different organisms will be essentially temporary. In the locations within the EEZ, there may not be case of crossing particularly sensitive biotope sufficient space to evade and retreat. So far, types such as reefs, a permanent impairment there is a lack of sufficient experience regarding would have to be assumed. the temporal and spatial overlap in the propagation of ramming noise. On the basis of a model assumption, the planning of the FEP and the transitional system, However, it is clear from the presentations of as well as the actual stock of wind energy the FEP that the individual offshore wind farms plants, submarine cables, rockfill and platforms, and the grid connection systems will be built occupy a total of approx. 90 ha of land or, in the gradually, i.e. in stages, over the coming years, case of submarine cables, temporarily impair it. rather than simultaneously. This is a share of well below 0.2‰ of the total Seabirds EEZ area. In comparison, about 55% of the Baltic Sea EEZ is protected. Since the Vertical structures such as platforms or offshore construction of wind turbines and platforms in wind turbines can have different effects on nature reserves is generally not permitted, the resting birds, such as loss of habitat, an spatial use of the protected areas is limited to increased risk of collision or a chasing and submarine cable routes. Due to the lack of a barrier effect. For resting birds, the loss of reliable scientific basis, no statement can be habitat due to the construction of several made at present about the use of specially structures can be particularly significant. protected biotope types under Article 30 In particular, endangered and disturbance- BNatSchG. An area-wide sediment and biotope sensitive seabird species such as loons need to mapping of the EEZ currently being carried out be taken into account with regard to cumulative will lead to more reliable information in future. effects. For disturbance-sensitive species, In addition to the direct use of the seabed and impacts from shipping traffic (including thus of the habitat of the organisms that have maintenance and operation of cable systems settled there, the foundations and crossing and platforms) must be taken into account in structures lead to an additional supply of hard addition to offshore wind farms and platforms. substrate. The hard substrate introduced also Since all the information available to date on means that the benthic fauna adapted to soft the areas and sites included in the FEP soils loses habitat. However, since both the grid indicates that they are of minor importance for connection systems and the wind farms will use species listed in Annex I of the Directive, there up the area of ‰, according to current are no apparent obstacles to the enforceability knowledge no significant impairments are to be of the plan. Due to the distance of the areas expected in the accumulation which would from the "Pomeranian Bay - Rönnebank" nature endanger the marine environment with regard conservation area, disturbance to wintering to the seabed and benthos. birds in the conservation area itself can be ruled Marine mammals out. This also applies to any disturbance by shipping traffic in connection with the operation Cumulative effects on marine mammals, in and maintenance of the submarine cable particular harbour porpoises, may occur mainly systems, platforms and wind turbines. As the due to noise exposure during pile driving of the Baltic Sea is intensively used for shipping, no foundations. For example, these assets could additional disturbance to sensitive species is to 76 Non-technical summary be expected as a result of increased shipping geese using a rangefinder was commissioned traffic during the construction phase or for within the scope of the preliminary area repair and maintenance purposes. By avoiding investigation of area O-1.3. The findings from the use of Natura 2000 areas, significant these investigations and the further knowledge disturbances within the nature reserve can be available resulted in the need to include species excluded. and group of species-specific legal requirements for the determination of the Migratory birds suitability of area O-1.3. For Area O-2.2, the A potential hazard for migratory birds results on findings from the investigations on Area O-1.3 the one hand from the risk of collision with the provide valuable information. Due to the transformer platform and the individual offshore location of area O-2.2 further west and thus wind turbines, and on the other hand from closer to the central area of the crane migration adverse effects due to forced changes in the corridor between Rügen and Skåne, the flight path. findings from the planning approval procedure Under normal migratory conditions favoured by for the neighbouring project "Baltic Eagle" are migratory bird species, no evidence has been essential. The area O-2.2 remains under found so far for any species that the birds investigation. The other energy production area typically migrate in the danger zone of the SEO-1 south of area O-2 is also under installations and/or do not recognise and avoid examination due to questions on bird migration these obstacles. Under the clear weather which cannot yet be conclusively assessed. conditions preferred by birds for their migration, In order to avoid or minimise the risk, the the probability of collision with wind turbines or installations shall be designed in such a way the transformer or collection platforms is that light emissions are avoided as far as therefore very low. Surprisingly occurring fog possible during construction and operation, and rain, which lead to poor visibility and low unless such emissions are required and flight altitudes, represent a potential hazard unavoidable by safety requirements of shipping situation. A particular problem is the and air traffic as well as requirements of coincidence of bad weather conditions with so- occupational safety. called mass train events, which are rare due to The cumulative effects of the wind energy the short train routes or train times across the plants, transformer or collection platforms and Baltic Sea. The risk of collision for sea and adjacent wind farms provided for in the FEP water birds migrating during the day is generally and in the territorial sea of Mecklenburg- considered to be low. They orient themselves Western Pomerania could, in addition to the risk visually and are usually able to land on the of bird strikes, also lead to an extension of the water. The risk of collision is also currently migratory route for migrating birds. If migratory considered to be low for day- migrating land birds migrate within the effective range of wind birds (e.g. cranes and birds of prey), as these farms (up to a height of approx. 300 m), they also orient themselves visually and avoid the are forced to fly around or over the installations wind turbines. However, cumulative effects can by taking evasive action. This distracts them lead to an increased risk of collision for some from their migration route to a greater or lesser areas. extent. It is known that wind farms are avoided In order to verify the state of knowledge, an by birds, i.e. they are flown around or over additional monitoring of the migrating land birds horizontally. In addition to observations on land, with the main focus on cranes, birds of prey and this behaviour has also been demonstrated in Non-technical summary 77 offshore areas (e.g. KAHLERT et al. 2004). areas is not likely to have a significant negative Lateral avoidance reactions are apparently the effect on the further development of the most common reaction (HORCH & KELLER populations. 2004). The transformer or collection platforms In this context, it has to be taken into account are part of the individual wind farms or are that, according to the present state of the art in directly spatially related. In this context, science and technology, this forecast is made avoiding the transformer or collection platforms under premises that are not yet suitable to is negligible, as they do not develop their own ensure the basis for the protected property in a barrier effect due to their immediate spatial satisfactory manner. Gaps in knowledge exist in proximity to a wind farm and do not reinforce particular with regard to the species-specific that of the wind farm. migratory behaviour. This applies in particular For birds migrating in an east-west direction, to poor weather conditions (rain, fog). These which would have to fly around areas O-1 to O- gaps in knowledge could not be closed despite 4, a maximum diversion of about 70 km would extensive research activities carried out in the be possible. For birds with a strong coastal North Sea and Baltic Sea EEZ as part of the orientation (e.g. Common Scoter), the diversion accompanying ecological research, including could be longer as they would still have to fly test field research on bird migration at the around areas O-5 and O-6. When considering "alpha ventus" offshore pilot park, evaluation of the north-south migration direction, the possible the data continuously collected on "FINO1" barrier effect is of a similar order of magnitude. (2008-2011), recording of bird collisions using The spatial distance between the individual the VARS system and recording of evasive clusters is large enough to leave sufficient movements of migratory birds using pencil space to fly around them. Taking into account beam radar. that the non-stop flight performance of the Due to the gaps in knowledge mentioned majority of migratory bird species, including above, a final cumulative consideration of all small bird species, is in the order of magnitude offshore wind farms to be considered, including of over 1000 km (BERTHOLD 2000), no projects in areas where no valid permits or significant effects on the energy budget of planning approval decisions have yet been migratory birds are to be expected. For issued as a result of the implementation of an example, a diversion of a maximum of 70 km in EIA, is not possible at this stage. This concerns relation to the migratory distances caused by the projects in Area 2 and the projects in Area 1 the barrier effect of the wind farms should not outside the priority area as well as other endanger bird migration, as distractions may offshore wind farms outside the German EEZ. also occur due to weather conditions. The EIAs available for the projects in Area 2 do Based on the available knowledge about the not indicate any particular importance of these migratory behaviour of the different bird areas for bird migration, such as a migratory species, the usual flight altitudes and the corridor that is elevated above the surrounding distribution of bird migration over the day, it can area. However, an increase in crane migration be concluded that, on the basis of current was observed at times, for example during the knowledge, even cumulative effects on bird baseline surveys for the projects in Area 2. The migration are unlikely to be significant as a experts attribute this to drifting birds due to result of the implementation of the projects unfavourable changes in winds during the Baltic already approved in the priority areas. At this Sea crossing. On the basis of these stage, a possible circumvention of the priority observations, and particularly in view of the fact 78 Non-technical summary that a concentration of bird migration, especially example, the installation of the foundations of for narrow-fronted migratory birds such as wind turbines and platforms in the specific cranes, is to be expected in the area between licensing procedure is only permitted with the Rügen and Skåne (cf. BFN 2006), significant use of effective noise abatement measures (cf. cumulative effects cannot be ruled out at this e.g. planning principle 4.4.1.7 FEP). Against the time. background of the special endangerment of the separate Baltic Sea population of harbour Transboundary effects porpoise, intensive monitoring measures are to The present SEA concludes that, as things be carried out as part of enforcement and, if stand at present, the provisions of the FEP do necessary, the noise abatement measures are not have a significant impact on the areas of the to be adapted or the construction work neighbouring countries bordering the German coordinated in order to exclude any cumulative Baltic Sea EEZ. effects. Significant transboundary impacts can be ruled For migratory birds, the wind turbines and out in principle for the following protected platforms erected on the FEP sites may assets: soil and water, plankton, benthos, constitute a barrier or a risk of collision. The risk biotope types, landscape, material assets and of collision needs to be minimised by taking humans, including human health. Possible appropriate measures to avoid attracting birds significant transboundary impacts could at best by lighting. With regard to the barrier effect, a arise from a cumulative view in the area of the conclusive cumulative consideration is not German Baltic Sea for the highly mobile possible with the current state of knowledge. biological assets fish, marine mammals, sea A cumulative assessment of the hazard risk for birds and resting birds, as well as migratory the bat migration is also not possible at this birds and bats. stage, as sufficient information on migration With regard to fish as a protected asset, the routes, migration heights and migration SEA comes to the conclusion that, according to intensities is still lacking. It can generally be the current state of knowledge, no significant assumed that any significant transboundary transboundary impacts on the protected asset impacts will be prevented by the provisions of are to be expected as a result of the the FEP in the same way that appropriate implementation of the FEP, since on the one avoidance or minimisation measures are hand the areas for which the FEP makes applied to bird migration. stipulations do not have a prominent function Species protection law examination for the fish fauna and on the other hand the recognisable and predictable effects are of a The environmental report also contains an small-scale and temporary nature. examination under species protection law in accordance with Article 44 (1) of the Federal This also applies to the protected species Nature Conservation Act. At the more abstract marine mammals and sea and resting birds. level of sectoral planning, this comes to the These use the areas mainly as transit areas. conclusion that, according to the current state There is unlikely to be any significant loss of of knowledge and in strict compliance with habitat for strictly protected marine and resting avoidance and mitigation measures, the areas bird species. Based on current knowledge and and sites, platform sites and submarine cable taking into account impact-reducing and routes defined in the FEP will not have any damage-limiting measures, significant significant negative impacts that would trigger transboundary impacts can be excluded. For Non-technical summary 79 any species protection prohibitions. A detailed the Habitats Directive, e.g. the harbour examination of species protection legislation is porpoise, must be strictly protected everywhere, the responsibility of the individual approval including outside the established protected procedure. areas. Impact assessment Within the framework of the FEP, individual definitions are planned in the spatial vicinity of Under the present SEA, the areas, sites, the nature reserves "Pomeranian Bay - platforms and submarine cable routes planned Rönnebank" and "Kadetrinne". Thus the in the FEP will be subject to a separate compatibility assessment in the EEZ area is assessment of their compatibility with the limited to these protected areas. The impact conservation purposes of the nature reserves. assessment will also take into account the The German Baltic Sea EEZ includes the remote effects of the provisions adopted within nature reserves "Pomeranian Bay - the EEZ on the protected areas in the adjacent Rönnebank", "Fehmarn Belt" and "Kadet 12-mile zone and in the adjacent waters of Trench", which were established by decree on neighbouring countries. 22 September 2017. Compatibility in assessment of the compatibility of the areas accordance with the BNatSchG is to be and sites and of the planned platforms investigated in line with the assessment previously carried out for the Fauna-Flora- According to the current state of knowledge, Habitat areas (FFH areas). disturbance to resting and migratory birds in the nature reserves under consideration is not to be §§ Sections 34 and 36 of the Federal Nature expected as a result of the construction and Conservation Act (BNatSchG) stipulate that operation of wind turbines and platforms in the plans or projects which, individually or in areas defined in the FEP. conjunction with other plans or projects, may significantly affect a Habitats and EU Bird According to the current state of knowledge and Protection Area and which do not directly serve on the basis of the findings from the monitoring the management of the area, must be assessed of the erection and operation of the wind farms for their compatibility with the protection and "Viking" and "Arkona Basin South-East" in area conservation objectives of a Natura 2000 site. O-1, an impairment of the protection purposes This also applies to projects outside the site of the nature conservation areas examined can which, either individually or in combination with be excluded with certainty, taking into account other projects or plans, are likely to significantly strict impact-minimising and damage-limiting affect the site's conservation objectives. measures. To this end, the FEP is making textual stipulations, particularly with regard to The protected habitat types are the habitat noise reduction. types "reefs" and "sandbanks" listed in Annex I of the Habitats Directive, certain fish species The construction and operation of wind turbines and marine mammals listed in Annex II of the and platforms are not expected to have any Directive (sturgeon, black scoter, porpoise, grey significant impacts on the habitat types "reef" seal) and various bird species listed in Annex I and "sandbank" with their characteristic and of the Birds Directive (red-throated diver, black- endangered communities and species, due to throated diver, eared grebe, red-necked grebe, the small-scale nature of the impacts, which are yellow-billed diver, long-tailed duck, scoter, particularly relevant for reefs, such as sediment velvet scoter, Common gull, guillemot, razorbill, drift and sediment rearrangement of the black guillemot). Species listed in Annex IV of released material during the construction 80 Non-technical summary phase, and the location outside nature Based on the current state of knowledge, the conservation areas. BSH assumes that when the plan is implemented, either individually or in Examination of the compatibility of the planned conjunction with other projects, a significant cable routes impairment of the protective purposes of the Possible effects of submarine cable systems nature conservation areas under consideration are usually limited to the laying phase and are can be ruled out with certainty. A new impact therefore limited in time and space. Impacts on assessment of the areas and test sites in the nature conservation areas in their components territorial sea will not be carried out, as this was relevant to the conservation objectives or the already carried out when the LEP M-V was protection purpose are only to be expected if drawn up. the cable routes run in the immediate vicinity or measures to prevent, reduce and offset within the protected areas; remote impacts on significant negative impacts of the land-use legally protected biotopes or FFH habitat types plan on the marine environment cannot be assumed on the basis of current knowledge. In accordance with the requirements of the SEA Directive, the measures planned to prevent, In particular because of the small size and short reduce and as far as possible offset significant duration of the relocation, a significant impact negative environmental impacts resulting from on marine mammals can be excluded. With the implementation of the FEP are presented. regard to possible operational impacts, no significant effects are expected on the basis of In principle, the FEP's stipulations will avoid the cable configurations defined in the FEP and negative impacts on the development of the the planning principle for sediment cover. environmental status of the Baltic Sea EEZ. In Possible significant impairments of bird the event of non-implementation of the plan, the sanctuaries in their components relevant to the uses would develop without the FEP's space- protection purpose by the laying and operation saving and resource-conserving steering and of the submarine cable systems are also to be coordination effect. excluded. The cable-laying work only takes a Specifically, the FEP lays down spatial and few days and is only associated with noise and textual specifications which, in accordance with chasing effects typical of ships. Based on the environmental protection objectives set out current knowledge, significant adverse effects in Chapter 1.4of the environmental report, serve due to sediment drift during the construction to avoid or reduce significant negative impacts phase are excluded. Known occurrences of of the implementation of the FEP on the marine legally protected biotope types and FFH habitat environment. This mainly concerns textual types in the protected areas lie outside the drift specifications on space-saving planning, on distances discussed in the technical literature. avoiding the use of protected areas and Based on current knowledge, significant structures pursuant to Article 30 of the Federal impairment of the Habitats Directive habitat Nature Conservation Act, on noise reduction, types "reefs" and "sandbanks with only weak on compliance with the 2C criterion, on the permanent inundation by seawater" can thus be dismantling of structures, and on the ruled out, even if the plan and existing projects consideration of best environmental practice for the nature conservation areas under review and the respective state of the art. are considered cumulatively. Reduction and avoidance measures are specified and ordered by the competent Non-technical summary 81 licensing authority at project level for the Measures planned to monitor the planning, construction and operation phases. environmental impact of implementing the With regard to the planned areas for wind site development plan energy plants and platforms and for other The potential significant impacts on the energy generation areas, this concerns in environment resulting from the implementation particular noise reduction and noise prevention of the FEP must be monitored in accordance measures as well as environmentally with Article 45 (1) UVPG. This is intended to compatible lighting during the operation of the enable unforeseen negative impacts to be structures. Measures to avoid and reduce the identified at an early stage and suitable possible effects of submarine cable systems remedial measures to be taken. The monitoring must be taken into account in route planning also serves to verify the gaps in knowledge or and technical design. In order to avoid the forecasts with uncertainties as presented in significant negative effects of cable heating on the environmental report. According to Article benthos, the FEP contains a planning principle 45 para. 4 UVPG, the results of the monitoring for sediment heating. are to be taken into account in the updating of Alternative testing the FEP. The actual monitoring of potential impacts on the marine environment can only In accordance with Art. 5 para. 1 sentence 1 of begin once the uses regulated under the plan the SEA Directive in conjunction with the criteria have been realised. Therefore, project-related in Annex I of the SEA Directive and Art. 40 monitoring of the impacts of offshore wind para. 2 no. 8 UVPG, the environmental report farms, platforms and submarine cable systems contains a brief description of the reasons for is of particular importance. The main task of the choice of the reasonable alternatives monitoring is to bring together and evaluate the examined. At the plan level, the findings of the various monitoring results at conceptual/strategic design, spatial and project level. In addition, existing national and technical alternatives play a major role. international monitoring programmes must be In principle, it should be noted that all taken into account, also to avoid duplication of specifications in the form of standardised work. technology and planning principles already The investigation of the potential environmental involve a preliminary examination of possible impacts of areas and sites for offshore wind and conceivable alternatives. As can be seen energy as well as of platforms has to be carried from the justification of the individual planning out at project level in accordance with the principles, in particular those relating to the standard "Untersuchung von Auswirkungen von environment - e.g. route design that is as Offshore-Windenergieanlagen (StUK4)" bundled as possible, implementation with as (Investigation of the impacts of offshore wind few intersections as possible - the respective energy plants) and in coordination with the principle is already based on a weighing up of BSH. The monitoring during the construction of possible public interests and legal positions foundations by means of pile driving includes affected, so that a "preliminary examination" of measurements of underwater noise and possible alternatives has already taken place. acoustic recordings of the impact of pile driving In addition to the zero alternative, this on marine mammals using POD measuring environmental report examines in particular instruments. In addition, additional monitoring spatial and technical alternatives. measures are planned to record the effects of the stratification of the water under certain 82 Non-technical summary hydrographic conditions on the propagation of impact noise in the Baltic Sea and to be able to take further measures if necessary. The BSH is carrying out a whole series of projects as part of the accompanying research into the possible effects of offshore wind turbines on the marine environment. These include the ANKER project "Approaches to cost reduction in the collection of monitoring data for offshore wind farms", the R&D study BeMo "Evaluation approaches for underwater noise monitoring in connection with offshore licensing procedures, regional planning and MSRL" and various sub-projects within the R&D network NavES "Nature-compatible developments at sea". The results of the BSH's current projects will be directly incorporated into the further development of standards and norms, such as the development of the StUK5. For the first time, StUK4 also contains monitoring requirements for the investigation of sea-ca-bed routes with regard to benthos, biotope structure and biotope types during the baseline survey and the operational phase. Identified suspected areas of biotope types protected under Article 30 of the Federal Nature Conservation Act (BNatSchG) must also be investigated in accordance with the current mapping instructions of the Federal Agency for Nature Conservation (BfN). After the cable system has been laid, its location must be checked by operational monitoring measures. One year after commissioning of the submarine cable systems, investigations of the benthic biocoenoses must be carried out on the same transects as in the baseline survey. The pooling of information creates an increasingly solid basis for impact forecasting. The research projects serve the continuous further development of a uniform, quality- assured basis of marine environmental information for the assessment of possible impacts of offshore installations and form an important basis for updating the FEP.
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