Kultuuriministeerium 28.04.2023 nr 6-5/23/1622-2
Kirja edastamine: Permit extension of the
Linnamäe hydropower plant
Edastame vastamiseks Euroopa Komisjoni kirja Linnamäe hüdroelektrijaama loamenetluse
kohta, kuna Kultuuriministeerium on määratud Vabariigi Valitsust esindama
Vabariigi Valitsuse 03.06.2022 korraldusega nr 163 „Nõusolek tegevusloa andmiseks
Linnamäe paisul Jägala jõe paisutamiseks ja Linnamäe hüdroelektrijaamas hüdroenergia
kasutamiseks elektrienergia tootmisel“ seotud küsimustes.
Keskkonnaministeerium saadab sisendi esimesele ja viiendale küsimusele vastamiseks
10. maiks 2023.
Lugupidamisega
(allkirjastatud digitaalselt)
Marku Lamp
Asekantsler
Lisa: Euroopa Komisjoni kiri
Teadmiseks: Riigikantselei; Eesti Vabariigi alaline esindus Euroopa Liidu juures
Kadri Möller, 626 2876
[email protected]
Paldiski mnt 96/ Tallinn 13522/ 626 2802/
[email protected]/ www.envir.ee/
Registrikood 70001231
Ref. Ares(2023)2690500 - 17/04/2023
EUROPEAN COMMISSION
DIRECTORATE-GENERAL
ENVIRONMENT
Directorate D - Biodiversity
ENV.D.3 - Nature Conservation
Head of Unit
Brussels,
ENV.D.3/LS/UG/fl Ares (2023)
Mr Aivo Orav
Permanent Representative of
Estonia to the EU
Permanent Representation of
Estonia to the European Union
Rue Guimard 11/13
1040, Brussels
[email protected]
Subject: Permit extension of the Linnamäe hydropower plant
Dear Mr Orav,
The Commission has been made aware of the procedure to extent the permit for the
operation of the Linnamäe hydropower plant located in the Natura 2000 site Jägala
(EE0010150).
The site Jägala has been proposed as Site of Community Importance (SCI) under the
Habitats Directive1 in April 2004. The site was added to the list of SCIs by Commission
Decision 2008/24/EC of 12 November 2007. It includes 27 ha of habitat type 3260
(Water courses of plain to montane levels with the Ranunculion fluitantis and Callitricho-
Batrachion vegetation) in conservation category (B)2. According to the latest Article 17
reporting, the habitat is in “unfavourable-inadequate” conservation status in Estonia3.
A hydropower plant was built in the site before Estonia proposed it as SCI. On 15
January 2008, the Environmental Service (today’s Environmental Board) issued a time-
limited environmental permit until 15.01.2013, which has been extended several times
until 2022.
This plant has been recently subject to an appropriate assessment in view of the renewal
of the permit for its operation.
1
Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora (OJ L 206 of
22.7.1992, p. 7)
2
Standard Data Form: N2K EE0010150 dataforms (europa.eu)
3
https://www.eionet.europa.eu/article17/habitat/report/?period=5&group=Freshwater+habitats&country
=EE®ion=
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Office: BRE2 08/DCS, Avenue d’Auderghem 19 - Tel. direct line +32 229-+32 229-84346
[email protected]
According to the ex-post appropriate assessment4 (published for consultation in February
2022), the use of hydropower and the infrastructure set up for this purpose, as well as the
effects of the dam have been identified as a pressure and risk factor on the conservation
objectives of the site. In order to achieve a favourable condition of the habitat type in the
site, the main mitigation measures identified by Estonian authorities in the appropriate
assessment include reducing the negative effects of the hydropower installations.
Restoring the habitat type 3260 has also been identified as a measure. The assessment
also states that, given its great potential, the Jägala site makes an important contribution
to achieving favourable conservation status of the habitat type 3260 at national level. The
conservation objectives laid down in the site’s management plan5 envisage restoration of
16 ha of habitat type 3260 from conservation category (B) to (A).
Figure 1: Site Jägala (EE0010150): Location of Linnamäe dam + hydropower plant
marked in red
Google maps Natura 2000 viewer
The site hosts five strictly protected species, of which Lampetra fluviatilis (European
river lamprey), Salmo salar (Atlantic salmon) and Unio crassus (Thick shelled river
4
Appropriate assessment, p. 5: Keskkonnamõju hindamiste avalik väljapanek | Keskkonnaamet
5
Approved by Order No 1-2/17/15 of the Director-General of the Environmental Board of 28 June 2017,
Order No 1-2/17/26 of the Director-General of the Management Plan as amended on 5 June 2017.
2
mussel) are in unfavourable-inadequate conservation status at national level6. While
Cottus gobio (European bullhead) is in favourable conservation status, hydropower,
including its expansion, has been identified as a threat.
As stated by the appropriate assessment, the primary adverse effects of the Linnamäe
dam and hydropower plant on the habitat type 3260 and the protected species in the site
are the barrier effect to the free movement of fish upstream and downstream of the
barrier, fish mortality in turbines, the flooding of a valuable river habitat of around 5 ha,
the fragmentation of habitats, the accumulation of sediments on the flooded area, changes
in the natural water regime and deterioration of water quality (pp. 12-14 and 16-26).
Mitigation measures
Several mitigation measures have been evaluated and tested in practice (different
alternatives for fish passages, restocking of salmon, installation of different turbines,
additional grilles), but the assessment concludes that none of them would allow to reach
the site’s conservation objectives, due to low effectiveness as well as habitats still being
flooded and of low quality (pp. 32-37).
Consequently, the assessment concludes that the only possibility to reach the site’s
conservation objectives is to open up the dam and to discontinue the operation of the
Linnamäe hydropower plant. Equally, the management plan foresees the removal of the
dam as the most important conservation measure.
The Commission has the following observations and questions:
1. Has an appropriate assessment under Article 6(3) of the Habitats Directive been
carried out before the first permit decision in 2008 and if so, what were the
results? If there was no assessment, please explain why.
The dam of the Linnamäe hydroelectric power station has been designated as a cultural
monument by order of the Minister of Culture No. 21 of 2016. The order was amended in
2020, establishing a common protection zone for the dam, the castle "Jägala Linnamägi"
and the archaeological site of the settlement, together with two new archaeological
monuments, which also includes a large part of the reservoir.
Jointly with the appropriate assessment, the Environmental Board has issued an
assessment under the so-called Article 6.4 “Natura exemption procedure”, which covers
the analysis of possible alternatives, reasons of overriding public interest and
compensatory measures7.
Potential alternatives
In its Article 6.4 assessment, the Environmental Board finds that alternative solutions for
electricity generation exist, such as the production of hydropower in other locations or
6
Latest Article 17 reporting of 2013-2018:
https://www.eionet.europa.eu/article17/species/report/?period=5&group=Fish&country=EE®ion=
https://www.eionet.europa.eu/article17/species/report/?period=5&group=Molluscs&country=EE®ion=
7
Article 6.4 assessment: https://keskkonnaamet.ee/keskkonnateadlikkus-avalikustamised/raagi-
kaasa/keskkonnamoju-hindamiste-avalik-valjapanek#jagala
3
the use of other renewable energy, such as biomass, waste, wind and solar energy and
that the achievement of Estonia’s renewable energy targets would not be affected should
the permit for the operation of this hydropower plant not be renewed, given the small
installed capacity of 1.15 MW. It also stipulates that the Linnamäe hydropower plant is
not a provider of vital services within the meaning of the national Emergency Act (pp.
16-23).
The Board states that the protection of the dam as a heritage monument does not justify
the authorisation for the production of energy and concludes that the condition that there
are no alternative solutions is not fulfilled.
Overriding public interest
The Article 6.4 assessment concludes that the fact that the dam is a national cultural
monument does not constitute imperative reasons of overriding public interest nor does
the electricity production (pp 38-39). However, the assessment states that it is possible to
reconcile the interests of both heritage conservation and environmental protection,
including those arising from the Habitats Directive (pp 27-28).
Compensatory measures
The Article 6.4 assessment finds that, as alternative solutions are available, there is no
need to look at compensatory measures (p. 40).
However, despite these assessment results, according to the information provided in the
Environmental Board’s Article 6.4 “Natura exemption procedure”, possible
compensatory measures have been evaluated for four other rivers, where habitat type
3260 and the European river lamprey, the Atlantic salmon or the thick shelled river
mussel exist or could potentially be restored (pp 47-55). According to the best available
knowledge, numerous obstacles prevent effective measures that would lead to a full
compensation (presence of the species unclear, only part of the species present, species
present but in very low numbers, low water levels due to abstraction, substantial
restoration measures required, mitigation measures for another hydropower plant
necessary, contamination/pollution with different fish-toxic substances). Consequently,
the Board supposes that the conservation values of the site Jägala can only be partially
compensated for (p. 56).
Therefore, the Board concludes that the conditions set in Article 6.4 procedure are not
met (p. 55).
With its order of 3 June 20228, the Estonian government consented to grant the licence to
expand the Jägala River at the Linnamäe dam and to use hydropower for the production
of electricity at Linnamäe hydroelectric power plant, considering both cultural heritage
preservation and the hydropower plant’s electricity generation of overriding public
interest. The government did not agree with the Environmental Board’s technical
assessment and conclusions, explaining in detail the reasons for the lack of alternatives
and the existence of overriding public interest of social and economic nature. The
8
Consent to the granting of a licence to expand the Jägala River at the Linnamäe dam and to use
hydropower in the Linnamäe hydroelectric power plant for the production of electricity –Riigi Teataja
4
Government ordered that conditions of the permit, including the compensatory measures,
are to be set by the Environmental Board.
Questions in relation to the application of Article 6.4
2. Can Estonia explain on what grounds the government has completely reverted
the assessment of the Environmental Board, clearly concluding that there are
alternatives and the continued operation of the hydropower plant is not justified
for imperative reasons of overriding public interest? Can Estonia explain how is
this compatible with the fact that the management plan for the site foresees the
removal of the dam as the most important conservation measure to reach
conservation objectives?
The Commission notes that compensatory measures proposed for a project should
address, in comparable proportions, the habitats and species negatively affected; and
provide functions comparable to those which had justified the selection criteria for the
original site. They should also be feasible and operational in reinstating the ecological
conditions needed to ensure the overall coherence of the Natura 2000 network9. Measures
for which there is no reasonable guarantee of success should not be considered under
Article 6(4), and the likely success of the compensation scheme should influence the
final approval of the plan or project in line with the prevention principle.
3. Why does the government consider that it is possible to compensate for the
damage to the protected habitats and species in the site, despite the fact that the
Article 6.4 assessment concluded full compensation is not possible?
4. The appropriate assessment finds that, with the retention of the dam, the re-
production of salmon in the Jägala river is close to 0, as 96 % of habitats are
inaccessible or flooded. Given that the restoration of 7.6 ha of high-quality
habitat in the river Jägala (of which 5 ha in the Linnamäe dam area and 0.3 ha
downstream of the Linnamäe barrier) would yield a reproduction potential of
Salmo salar of at least 8500 – 12600 descendants per year, how would this be
guaranteed through compensatory measures in other river systems?
I would like to remind that, in line with Article 6.4, the competent national authorities
have to inform the Commission of the compensatory measures adopted.
The information should enable the Commission to assess the manner in which the
adverse effects are compensated for, so that the elements of integrity contributing to the
overall coherence of the Natura 2000 network are maintained in the long term. It may
also prove necessary to provide certain elements relating to the studied alternative
solutions and to the imperative reasons for overriding public interest which have led to
the approval of the plan or project10.
In order to allow the Commission to request additional information on the measures
taken or to take action in case it considers that the legal requirements of the Directive
9
C(2018) 7621 final: Managing Natura 2000 sites: The provisions of Article 6 of the 'Habitats' Directive
92/43/EEC
10
See footnote 9
5
have not been applied correctly, compensatory measures should be submitted to the
Commission as soon as they have been adopted and before they are implemented11.
5. Will Estonia ensure that the Article 6.4 notification will be submitted to the
Commission before the permit is issued (including compensatory measures,
studied alternative solutions and imperative reasons for overriding public
interest)? Or has the permit been granted already?
I would be grateful if you could reply to the above questions within one month as of
receipt of this letter.
Yours sincerely,
e-signed
Luisa Samarelli
Acting Head of Unit
11
See footnote 9
6
Electronically signed on 14/04/2023 12:20 (UTC+02) in accordance with Article 11 of Commission Decision (EU) 2021/2121