Impact Screening and Verification of Natura 2000 Correspondence

Impact screening is a simplified procedure of the Impact Assessment (VIncA) for plans and programmes (P/P) and for projects, interventions and activities (P/I/A) affecting Natura 2000 network sites.

It represents a first level of analysis, to be considered outside the VIncA procedure, which must lead to an unequivocal result (positive or negative).

In order to keep the incidence below the level of significance, Mandatory Conditions are identified as a list of standard indications, which serve to keep the incidence of the P/I/A below the level of significance.

The user therefore no longer has to submit an incidence study, but only:

• the application
• the Impact Screening Form - choosing between that for plans and programmes (P/P) and that for projects, interventions and activities (P/I/A)
• the technical and cartographic annexes.

The "screening format" can be signed by anyone, no specific training is required.

Explanatory Circulars:

The Conditions of Obligation

With Resolution no. 1876 of 13 October, the Provincial Council adopted the Conditions of Obligation (C.O.), a list of standardised indications aimed at keeping the incidence of P/I/A below the level of significance in the Natura 2000 network sites, on the basis of the biogeographical and specific characteristics of the sites and areas themselves.

The function of the C.O. is therefore to list some "good practices" that allow the proponent to be directed towards the elaboration of a proposal consistent with the site/s concerned.
These should then be included within the Impact Screening Format in the dedicated paragraph (6.1).

Any uncertainties regarding the outcome of the assessment or the impossibility of complying with the C.O. must lead to the initiation of an Appropriate Impact Assessment (VIncA).

The Conditions of Obligation may be supplemented or modified over time on the basis of updated data from the monitoring of habitats and species of Community interest or the updating of conservation measures for Natura 2000 network sites or other specific requirements.

In any case, it must be understood that compliance with the specific conservation measures of the sites concerned is the first element to be verified by the applicant.

Different and specific C.O. are dictated by specific Deliberations of the Provincial Council for a whole series of interventions subject to the correspondence verification procedure pursuant to art. 16 bis of the DPP 50-157/Leg of 3.11.2008 and subsequent modifications.

On the contrary, the C.O. are not provided for the appropriate impact assessment procedure (VIncA). In fact, given the level of the analysis, it is the mitigation measures proper to each P/I/A that have the purpose of reducing and/or cancelling possible interferences on habitats and species of community interest, so as to ensure that the achievement of the conservation objectives is not jeopardised and that the negative effects on the integrity of the Natura 2000 site/s are contained below the threshold of significance.

How to use the Obligatory Conditions
Obligatory Conditions must be inserted in the screening format, choosing from those that are relevant and related to the type and characteristics of the P/I/A, depending on the Natura 2000 site(s) concerned, for the full implementation of which the applicant assumes responsibility.
It is important to clarify that

• the selection of all the Obligatory Conditions envisaged does not automatically imply that the conclusion of the screening process is positive
• if, during the preliminary investigation phase, the competent authority detects a deficiency in the identification of the Obligatory Conditions by the proposer, it may request their supplementation
• if the characteristics of the P/I/A do not allow compliance with the relevant Conditions of Obligation, the same shall be submitted to the appropriate impact assessment procedure.

The Correspondence Check

This is a simplified Impact Screening procedure that starts from pre-evaluation sheets, i.e. ex ante evaluations of the possible impacts that some more frequent and less impactful P/I/As may determine on Natura 2000 sites and areas.

The new legislation introduces therefore the 'Correspondence Verification' procedure for certain types of projects or activities included in the specific pre-evaluation sheets

With Resolution no. 1876 of 13 October, the Provincial Council adopted the 'Technical Preassessments' referring to specific sites or homogeneous categories of sites or zones, which subject P/I/As that are homogeneous in terms of scope to 'screening of impact'.
These assessments are also to be applied to P/I/A located outside Natura 2000 sites or areas, but which may have a significant impact on the sites or areas themselves.

For the P/I/As attributable to the prevailing activities, which will be implemented according to the methods described in the pre-evaluation forms, the proposer will submit a specific application to the competent provincial structure for the "verification of
correspondence", in which he shall declare that the proposed project or activity is compliant with those already evaluated in that it will be implemented in the same manner and consequently does not require "screening of impact".

Art. 39 paragraph 4 letter c) of lp 11/2007 also introduces the possibility that the opinion for the verification of correspondence may be issued by the subject responsible for issuing the authorisation title or act of assent, however named, for certain types of projects, interventions and activities. Annex 1 to the regulation lists the subjects entitled to this procedure (in Article 16 bis, paragraphs 5 and 6 of the regulation).

In order to define the P/I/A subject to prevalence, the Sustainable Development and Protected Areas Service analysed the various sectors involved, based on the experience acquired during the years of application of the Habitats Directive, and in particular of the impact assessment procedure.
In addition, considering the transversality inherent in certain types of P/I/A, it has initiated, also in this case, an intense activity of interlocution and comparison with the provincial structures involved, in order to verify both the types of P/I/A for which the prevaluation sheets are to be prepared, and to analyse in a complete manner the characteristics and methods of their implementation.

The Prevaluation Sheets

They were approved by two different resolutions (see links under Documents): DGP no. 1876 of 13 October 2023 and DGP no. 1160 of 24 July 2024.

The sheets are divided according to the type of P/I/A:

Urban planning activity (DGP No. 1876 of 13 October 2023):

• Cod. ED01 - Free building activities; Extraordinary maintenance works; Works subject to urban planning conformity within the competence of the Province and the municipalities

  ED01 EDILIZIA

  (File pdf 104.33 kB)

• Cod. ED02 - Installation of solar and photovoltaic panels

  ED02 POSA PANNELLI FOTOVOLTAICI SOLARI

  (File pdf 96.00 kB)

Forestry activities (DGP no. 1876 of 13 October 2023):

• Code FO01 - Forest cutting and reforestation

  FO01 TAGLI BOSCHIVI E RIMBOSCHIMENTI

  (File pdf 53.18 kB)

• Code FO02 - Pastureland improvement

  FO02 MIGLIORAMENTI PASCOLI

  (File pdf 53.21 kB)

• Code FO03 - Environmental improvements for fauna purposes

  FO03 MIGLIORAMENTI AMBIENTALI A SCOPO FAUNISTICO

  (File pdf 44.85 kB)

• Code FO04 - Forest road maintenance works

  FO04 INTERVENTI DI MANUTENZIONE DELLA VIABILITA' FORESTALE

  (File pdf 100.23 kB)

Maintenance of hydraulic works and water courses (DGP no. 1876 of 13 October 2023):

• Code BM01 - Maintenance works for hydraulic forestry works

  BM01 MANUTENZIONE OPERE

  (File pdf 102.44 kB)

• Code BM02 - Drainage and riverbed remodelling works

  BM02 INTERVENTI DI SVASO E RIMODELLAMENTO

  (File pdf 102.80 kB)

• Code BM03 - Maintenance works on watercourse beds

  BM03 TAGLIO VEGETAZIONE IN ALVEO

  (File pdf 105.85 kB)

Maintenance of paths and rest areas (DGP no. 1876 of 13 October 2023):

• Code MSAS01

  MSAS01 MANUTENZIONE SENTIERI E AREE DI SOSTA

  (File pdf 103.77 kB)

Scientific research and monitoring (DGP no. 1876 of 13 October 2023):

• Code RM01

  RM01 RICERCA SCIENTIFICA E MONITORAGGI

  (File pdf 42.72 kB)

Exhibitions and events (DGP no. 1876 of 13 October 2023):

• Code MAE01

  MAE01 MANIFESTAZIONI ED EVENTI

  (File pdf 95.41 kB)

NB: sheet under modification, see notice

Drone overflights (DGP no. 1160 of 24 July 2024):

• Code SO02
  

  SO02 SORVOLI CON DRONE

  (File pdf 101.94 kB)

Ordinary maintenance work on road infrastructure (DGP no. 1160 of 24 July 2024):

• Code STR01
  

  STR01 INFRASTRUTTURE VIARIE

  (File pdf 101.73 kB)

The cards listed above may be integrated with respect to further P/I/A, or modified on the basis of updated data deriving from the monitoring of habitats and species of community interest or the updating of conservation measures of Natura 2000 network sites or other specific requirements.

The number of the resolution approving the pre-evaluation datasheets (DGP no. 1876 of 13.10.2023 or DGP no. 1160 of 24.07.2024) and the code of the reference datasheet, as indicated above, must be inserted in the correspondence verification request.

Administrative sanctions are envisaged for anyone carrying out works and interventions without obtaining the prior environmental impact assessment or in violation of the prescriptions issued for the environmental impact assessment(see Article 112 of Provincial Law 11/2007).

Provincial services, planners, municipal administrations, land and property owners, institutions and associations, ASUCs, etc.

The application should be submitted via pec and/or PiTre to the Sustainable Development and Protected Areas Service.

• For the CHECK OF CORRESPONDENCE the application must be submitted on the appropriate form (see below) plus any project documents.
  N.B.: the documentation required by building regulations must be attached, and it is always mandatory to attach the technical report and the framing map referring to the P/I/A
• for SCREENING the application must be submitted on the appropriate form (see below) plus the relevant Screening Format (to be chosen between screening for Plans/Programmes and screening for Projects/Interventions/Activities) plus any project documents.
  NB: The documentation required by building regulations must be attached, and the descriptive report and location of the P/I/A on a topographical map is always required.

ATTENTION! The application forms and screening formats must be sent via pec in static, non-editable PDF format; therefore, once filled in, you can proceed in two ways
1. print them and then scan them
or
2. print them to PDF (proceed with File/Print and choose Print to PDF as printer ).

Maximum waiting days for a response, starting the day after the application is submitted:

• 45 days for screening of incidence of plans and programmes (P/P)
• 30 days for correspondence screening for projects, interventions and activities (P/I/A) contained in the prevalence sheets approved by DGP
• 20 days for screening P/I/A falling under Title IV of Provincial Law n. 9/2011 (Regulation of civil protection activities in the province of Trento)
• 20 days for the expression of correspondence verification of interventions or activities that are free or subject only to communication to the municipality according to the Provincial Law for the Government of the Territory of 2015

PUBLICATION OF PROVISIONS on the VINAT system:

• files under evaluation
• results of concluded proceedings