Appendix 3 Transboundary Screening

Appendix 3
Transboundary Screening

3.1.        Introduction

  1. The potential transboundary receptors that may be affected by the Array are presented in this section, alongside an assessment of the potential impacts associated with construction, operation and maintenance, and decommissioning phases of the Array.

3.1.1      Background

  1. Transboundary effects have the potential to arise if an impact from a proposed development has the potential to affect the environment of a European Economic Area (EEA) state(s).
  2. The Applicant has prepared a transboundary screening impact assessment, including a screening matrix, for potential transboundary effects arising from the construction, operation and maintenance, and decommissioning of the Array. The findings of this transboundary screening assessment are set out in sections 3.3 and 3.4. Where no potential transboundary impacts have been identified as part of the transboundary screening process, this is also noted in section 3.3. Advice in the Marine Scotland Consenting and Licensing Guidance for Offshore Wind, Wave and Tidal Energy Applications (Scottish Government, 2018a) notes that transboundary impacts in relation to offshore renewable energy projects in Scotland are likely to relate primarily to:
  • projects that may have an impact on mobile species; and
  • projects which are close to national boundaries or areas administered by other relevant authorities.

Legislative context

  1. Guidance on assessment of transboundary impacts is presented in the United Nations Economic Commission for Europe (UNECE) Convention on Environmental Impact Assessment (EIA) in a Transboundary Context (the ‘Espoo Convention’) (as amended) which aims to promote “environmentally sound and sustainable development”, while enhancing “international co-operation in assessing environmental impact” of a proposed project” (UNECE, 2017).
  2. Where there is the potential for an activity occurring in one qualifying country to have the potential for significant effect in another qualifying country, EIAs are required to consider potential impacts across national borders as per the Espoo Convention. The Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (the ‘Aarhus Convention’) and its Protocol, of which the United Kingdom (UK) is a signatory, gives individuals the right to access information, public participation in decision-making and access to justice in environmental matters.
  3. The Espoo and Aarhus Conventions are implemented via the European Union (EU) Directive 85/337/EEC (as amended) (the EIA Directive) in EU states. This Directive was transposed into UK law through the EIA Regulations (see Appendix 4).
Environmental Impact Assessment (EIA)
  1. There is a requirement for Scottish Ministers, under the EIA Regulations (see Appendix 4), to make a determination of whether a proposed development is likely to have significant impacts on the receiving environment of an EEA state – i.e. a “transboundary impact”. Regulation 18 1(a) of the Marine Works (Environmental Impact Assessment) Regulations 2007 states that where “it comes to the attention of the appropriate authority that a proposed project is the subject of an EIA application and is likely to have significant effects on the environment in an EEA State” Scottish Ministers are required to:
  • send to the EEA state, as soon as possible and no later than their date of publication in the relevant Gazette… the particulars mentioned in paragraph (3) (and paragraph 5 if required);
  • publish the information in a notice placed in the relevant Gazette, indicating the address where further information is available; and
  • give the EEA state a reasonable period of time in which to indicate whether it wishes to participate in the procedure for which these Regulations provide.
  1. The following information is required to be shared with EEA states:
  • a description of the project, alongside any available information on its possible significant effect on the environment in an EEA state; and
  • information on the nature of the decision which may be taken.
  1. The Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017 have similar provisions regarding transboundary consultation.
Habitats Regulations Appraisal (HRA)
  1. The Habitats Directive has been transposed into UK law for Scottish offshore waters through:
  • the Conservation of Habitats and Species Regulations 2017; and
  • the Conservation of Offshore Marine Habitats and Species Regulations 2017 (which apply to marine licences and Section 36 applications within the Scottish Offshore region).

3.2.        Consultation

  1. Where an offshore development is likely to have transboundary effects, an EEA state must be consulted on the transboundary assessment of said development by the Scottish Ministers once they have confirmed that they wish to participate in discussion. It is proposed that the following EEA states should be consulted on whether they intend to participate, with the distance from the Array to the EEA states’ maritime jurisdiction boundary presented in brackets:
  1. The participation of these EEA states is recommended based on the potential for transboundary impacts on offshore ornithology, commercial fisheries, shipping and navigation (particularly regarding transits to/from other countries and effects on shipping routes to/from EEA state ports), and offshore socio-economics as discussed in section 3.3 below.

Apx Figure 3.1: Proximity of EEA States to the Array


3.3.        Screening of Transboundary Impacts

  1. Apx Figure 3.1 shows the proximity of the Array to EEA states, with distances presented in paragraph 39. Consideration has also been given in this assessment to the distance of the Array to EEA states with which there may be the potential for transboundary impacts.

3.3.1      Physical and Biological Environment

  1. This transboundary screening assessment has been carried out by the Applicant for all potential physical and biological receptors, the findings of which are presented in the following sections. The following receptors have not been considered here as they are proposed to be scoped out the Array EIA Report:
  • physical processes;
  • airborne noise; and
  • air quality.
  1. It is assumed that there will be no potential for receptors to experience significant effects under these EIA topics and, therefore, will not result in a significant effect in an EEA state.
  2. The HRA process will consider the potential for the Array activities to impact benthic subtidal, fish and shellfish, marine mammal, and offshore ornithology features of nature conservation designations outside of the UK European Economic Zone (EEZ). The nature conservation designations for consideration through the HRA process for each topic are encompassed within the topic specific study areas as detailed in sections 6.1, 6.2, 6.3and 6.4 of this Scoping Report, and within the standalone Likely Significant Effect (LSE) Screening Report.

Subsea noise

  1. As any potential impacts from subsea noise will likely be within Scottish territorial waters and Scottish offshore waters and temporary in nature, no potential transboundary impacts are predicted for subsea noise. Therefore, it is proposed to scope this out of the Array EIA Report

Benthic subtidal ecology

  1. Potential impacts on benthic subtidal ecology receptors include:
  • temporary habitat loss and/or disturbance;
  • long term subtidal habitat loss;
  • colonisation of hard structures; and
  • effects to benthic subtidal ecology due to the removal of hard substrates.
  1. No potential for transboundary impacts is expected as any potential impacts on benthic subtidal ecology receptors will largely be focused within the footprint of the Array (in particular, for temporary and long term habitat loss and colonisation or removal of hard substrates).
  2. Therefore, taking into account both the location of the Array and an initial assessment of the baseline characterisation, and considering that the predicted impacts on the benthic subtidal communities will be focused mainly within the footprint of the Array, no potential transboundary impacts are expected for benthic subtidal ecology, and it is proposed to scope this out of the Array EIA Report.

Fish and shellfish ecology

  1. Potential impacts on fish and shellfish ecology receptors include:
  • subsea noise impacting fish and shellfish receptors;
  • temporary habitat loss and disturbance;
  • long term habitat loss and disturbance;
  • effects to fish and shellfish ecology due to electromagnetic fields (EMFs) from subsea electrical cabling; and
  • colonisation of hard structures.
  1. There is the potential for injury and/or disturbance to fish receptors, particularly Annex II migratory fish species, or species of commercial value, due to increased noise during the construction phase of the Array. Direct impacts may occur due to piling during installation of anchoring and mooring systems, for example. Indirect effects may occur as a result of temporary and/or long term habitat loss and disturbance to fish spawning and nursery habitats in the vicinity of the Array, which are important for species of commercial value to EEA states. In addition, Annex II migratory fish species, such as Atlantic salmon Salmo salar, sea trout Salmo trutta, European eel Anguilla anguilla, sea lamprey Petromyzon marinus, and allis Alosa alosa and twaite shad Alosa fallax, may be impacted by temporary or long term habitat loss within the fish and shellfish ecology study area during migration at key stages of their life cycles.
  2. Any impact from the Array is not expected to have a direct impact on the environment of any EEA state due to the distance from the Array in relation to the potential scale over which direct effects could occur (i.e. elevations in subsea noise would be restricted to UK territorial waters and UK offshore waters; temporary/long term habitat loss would be localised to the area of the Array). Therefore, significant transboundary effects are not anticipated, and it is proposed to scope this out of the Array EIA Report.

Marine mammals

  1. Potential impacts on marine mammal receptors include:
  • injury and disturbance from subsea noise generated during unexploded ordnance (UXO) clearance;
  • injury and disturbance from subsea noise generated during piling;
  • disturbance due to vessel use and vessel activities;
  • injury due to collision with vessels;
  • effects on marine mammals due to altered prey availability;
  • effects on marine mammals due to entanglement associated with the Array; and
  • injury and disturbance due to operational noise from anchor mooring lines.
  1. The regional marine mammal study area, as shown in Appendix 9, extends beyond the limits of Scottish or UK territorial waters. As some marine mammals can travel large distances to forage, including between the waters of neighbouring EEA states, there may be direct impacts due to piling during installation of anchoring and mooring systems, for example. Indirect impacts may occur as a result of changes in prey availability.
  2. Any impact from the Array is not expected to have a direct impact on the environment of any EEA state due to the distance from the Array in relation to the potential scale over which direct effects could occur (i.e. elevations in subsea noise would be restricted to UK territorial waters and UK offshore waters). Therefore, significant transboundary effects are not anticipated, and it is proposed to scope this out of the Array EIA Report.

Offshore ornithology

  1. Potential impacts on offshore ornithology receptors include: 
  • temporary habitat loss and disturbance during construction and decommissioning (e.g. from presence of vessels); 
  • indirect impacts from UXO clearance during construction; 
  • barrier effects arising from presence of operational wind turbines; 
  • displacement (avoidance resulting from disturbance, loss of foraging habitat), including as a result of operational wind turbines; 
  • collisions with wind turbines; 
  • changes in prey availability; 
  • entanglement of diving seabirds during operation and maintenance, associated with the floating foundations.  
  1. Based on the location of the Array and the likely key receptors, it is considered that there will be no significant transboundary effects on birds in the breeding season (with the exception of fulmar Fulmarus glacialis), on the basis that, there are no non-UK seabird colonies within mean-maximum foraging range (+ 1 SD) of the Array. However, fulmar is generally not regarded as particularly vulnerable to the key impacts from offshore wind farms. Therefore, it is concluded that there will not be any transboundary impacts. 
  2. In the non-breeding season, it is possible that birds from non-UK seabird colonies may occur within the Array area and, therefore, there may be impacts on birds originating from non-UK colonies. These potential impacts will be addressed in the Array EIA Report. 

3.3.2      Human Environment

  1. The Applicant has carried out a transboundary screening for all potential human environment receptors, the findings of which are presented in the sections below. The following receptors have not been considered here as they are proposed to be scoped out the Array EIA Report:
  • marine archaeology; and
  • seascape, landscape and visual resources (including cultural heritage).
  1. It is assumed that there will be no potential for receptors to experience significant effects under these EIA topics and, therefore, will not result in a significant effect in an EEA state.

Commercial fisheries

  1. There is potential for transboundary impacts upon commercial fisheries from the Array activities in all phases as the Array is located beyond the 12 nm limit, where EU member states currently have access to fishing. Potential transboundary impacts include:
  • temporary loss or restricted access to fishing grounds;
  • long term loss or restricted access to fishing grounds;
  • displacement of fishing activity into other areas;
  • interference with fishing activity;
  • increased snagging risk, which could result in loss or damage to fishing gear;
  • increased steaming/vessel transit times; and
  • impacts to commercially exploited species populations.
  1. Where significant fishing activity is identified for non-UK fleets within the commercial fisheries study area, these will be included as a receptor throughout the impact assessment.
  2. It is therefore concluded that there is the potential for transboundary impacts associated with the Array activities and infrastructure on commercial fisheries, and it is proposed to scope this into the Array EIA Report.

Shipping and navigation

  1. Potential impacts on shipping and navigation receptors include:
  • increased vessel to vessel collision risk resulting from displacement (third party to third party);
  • increased vessel to vessel collision risk resulting from displacement (third party to project vessel);
  • vessel to structure allision risk;
  • reduced access to local ports and harbours;
  • reduction of under keel clearance as a result of subsea infrastructure;
  • anchor and fishing gear interaction with subsea cables (including dynamic cabling);
  • anchor and fishing gear interaction with anchoring and mooring systems;
  • loss of station;
  • interference with navigation, communications, and position-fixing equipment; and
  • reduction of Search and Rescue (SAR) capability.
  1. There is the potential for transboundary impacts, particularly regarding transits to/from other countries including effects on shipping routes to/from EEA state ports, therefore, it is proposed to scope this into the Array EIA Report.

Aviation, military and communications

  1. Potential impacts associated with the Array identified for aviation, military and communication receptors include:
  • creation of an obstruction impacting airborne SAR operations;
  • creation of an obstruction impacting low flying aircraft; and
  • impact on aviation radar systems during the operation and maintenance phase, in particular Buchan (Remote Radar Head (RRH)) Air Defence Radar (ADR), Perwinnes (NATS) Primary Surveillance Radar (PSR), Brizlee Wood (RRH) ADR, and Allanshill PSR.
  1. The Array is completely within the Scottish Flight Information Region (FIR) and due to the localised nature, in aviation terms, of any potential impacts, no transboundary impacts associated with aviation, military and communications are predicted to arise. Therefore, as significant transboundary effects are not anticipated, it is proposed to scope this out of the Array EIA Report.

Infrastructure and other users

  1. Potential impacts associated with the Array identified for infrastructure and other users receptors include:
  • displacement of recreational sailing and motor cruising, recreational fishing and other recreational activities due to safety zones and advisory safety distances in the Array which may result in a loss of recreational resource; and
  • activities within the Array may affect or restrict access to active licence blocks by oil and gas operators.
  1. There are no potential infrastructure and other users receptors associated with EEA states within the vicinity of the Array. Therefore, there are no potential transboundary impacts upon infrastructure and other users due to the construction, operation and maintenance, and decommissioning phases associated with the Array. Therefore, significant transboundary effects are not anticipated, and it is proposed to scope this out of the Array EIA Report.

Offshore socio-economics

  1. Potential impacts associated with the Array identified for offshore socio-economics receptors include:
  • employment and Gross Value Added (GVA) impacts associated with the construction, operation and maintenance, and decommissioning of the Array;
  • demographic changes and demand for housing and other services;
  • changes to visitor behaviour;
  • changes to commercial fisheries; and
  • changes to shipping and marine recreation.
  1. As noted in the shipping and navigation and commercial fisheries sections above, there is the potential for transboundary impacts to occur if there is a potential impact on commercial fishing vessels or shipping and navigation receptors associated with EEA states. Therefore, as these have been considered within their respective sections, these are not considered within the socio-economic screening.
  2. With regard to potential transboundary socio-economic impacts upon EEA states, these may arise via the purchase of project components and equipment, and the sourcing of labour from companies based outside the UK. However, it is assumed that beneficial effects to the economies of EEA states will arise through the sourcing of materials and labour from EEA states. On this basis, transboundary impacts on offshore socio-economic receptors are proposed to be scoped into the Array EIA Report .

3.4.        Conclusions

  1. This transboundary screening has been carried out considering both the location of the Array and the current Project Description (section 2). There is the potential for transboundary impacts associated with the Array activities and infrastructure for the following topics:
  • offshore ornithology;
  • commercial fisheries; 
  • shipping and navigation; and
  • offshore socio-economics.
  1. Therefore, these topics are proposed to be scoped into the Transboundary Screening chapter of the Array EIA Report. All other topics are proposed to be scoped out of the Array EIA Report.