Activities aiming at the protection of the environment during development of wind farm project must meet the expectations not only of the reviewing and agreeing authorities, but also of the funds and banks involved. At Ambiens, we analyze the provisions of the environmental decisions (EDs) for wind projects in Poland and advise on how to effectively implement them and integrate with the requirements of financing institutions in the process of preparing the Environmental and Social Action Plan (ESAP) – a document that is an integral part of the agreement between developer and lenders https://ambiens.pl/blog/ambiens-for-baltic-power-financing-of-the-first-offshore-wind-farm-in-poland/. In the article below, we analyzed the requirements of the EDs issued for offshore wind farms in Poland in terms of minimizing the impact of the investment on birds, which, along with mitigating social conflicts, is one of the most important topic from the perspective of financing institutions.
Investors planning to build offshore wind farms (OWF) in the Polish exclusive economic zone of the Baltic Sea face a few procedures related to obtaining the relevant permits. One of the most important is the environmental impact assessment procedure, because of which a decision on the environmental conditions of the project (ED) is issued by the Regional Director of Environmental Protection. The main purpose of issuing the EIA is to define the framework for carrying out the investment so that it has the least possible negative impact on the marine environment.
So far, environmental decisions have been issued in Poland for six planned offshore wind farms: OWF Bałtyk III (dated 07.07.2016 with an amended decision dated 8 November 2022), OWF Bałtyk II (dated 27.03.2017 with an amended decision dated 26 October 2021), OWF Baltica 2 and 3 (dated 24.01.2020 with an amended decision dated 21 August 2023), OWF Baltic Power (dated 17.09.2021 with revocation of the decision dated 29.06.2022), FEW Baltic II (dated 30.11.2021) and OWF BC-Wind (dated 16.09.2022). Each of the decisions determines, inter alia, the obligations imposed on the applicants to undertake actions minimising and mitigating the negative impact of the investment on the environment, at selected stages of the investment implementation, i.e.: construction, operation, and decommissioning. One of the elements of the environment, on which the OWF may potentially have a negative impact is the avifauna. The impact of the OWF on avifauna consists mainly in creating a barrier for flying birds, especially migrating birds. As a result, migration or collisions may be disturbed. During the construction and decommissioning phases of the farm, on the other hand, noise may be generated which causes birds to pass through. The analysis of the requirements of the ED in terms of limiting the negative impact of the OWF on avifauna (Table 1), with a breakdown into the types of minimising measures, is presented below.
Construction phase
Measures to minimise the risk of collision
A common obligation for OWF developers (except for the OWF BC-Wind), is to paint the tips of the rotor blades to increase visibility for birds and to maintain adequate clearance between the lower position of the rotor wing and sea level (not less than 20 m) to reduce the risk of collision between birds and rotor blades (Table 1). This is important because most of the birds observed in the future project area are alcids, scoters, or long-tailed ducks, flying below 20 m above sea level. Further obligations imposed on the investors are to use a solid tower structure instead of a truss structure (OWF Baltica 2 and 3, OWF Baltic Power, and OWF BC-Wind) and to limit the use of strong upward-positioned light during construction at night, which could attract birds thus increasing the risk of collisions (OWF Bałtyk III, OWF Bałtyk II, OWF Baltic Power). Four environmental decisions also imposed an obligation to create a migration corridor for birds (OWF Bałtyk III, OWF Baltica 2 and 3, OWF Bałtyk II, and OWF BC-Wind). The migration corridor between FEW Baltic II and OWF Bałtyk II will be widened by excluding the north-western part of the area under OWF Bałtyk II from development (according to the amendment to the ED).
Measures to minimise noise impact
Most of the investors are obliged to drive piles into the seabed only in the period of May-September/October, as this is when the lowest abundance of avifauna is found in the OWF areas (ED issued for OWF Bałtyk III, OWF Bałtyk II, OWF Baltica 2 and 3 and FEW Baltic II). The exceptions are the EDs issued for the OWF Baltic Power and the OWF BC-Wind, where piling is also allowed in the period August-March, but only under ornithological supervision and with the use of the soft-start method (start of works with low noise intensity). In addition, in the areas of the OWF adjacent to the Słupsk Bank Natura 2000 area (i.e., OWF Bałtyk II, OWF Baltica 2 and 3, and FEW Baltic II), the movement of ships participating in the construction is prohibited on or near the Słupsk Bank to protect the population of birds wintering there. Noise emitted by ships may frighten avifauna in their special seasons. At the construction stage, there is also an obligation to build up the area gradually (OWF Bałtyk III, OWF Bałtyk II, OWF Baltic Power, OWF BC-Wind) and to limit piling to a maximum of two (OWF Baltica 2 and 3, OWF BC-Wind) or only one (OWF Baltic Power) at a time, considering piling in nearby OWF.
Operation phase
Measures to minimise the risk of collisions
The main requirement during the operation of all OWFs, is to allow for temporary shutdown of wind turbines during the spring and autumn migration of birds, especially when severe weather conditions reduce visibility and thus increase the likelihood of birds colliding with the turbines (Table 1). The ED issued for the OWF BC-Wind offshore wind farm also highlighted the lighting, which should be adapted to the nocturnal migration of birds to minimize the risk of their collision with the farm structures.
Measures to minimise the impact of noise
In the OWF Bałtyk II area, the entry of vessels participating in the OWF operation tasks is prohibited from November to April, when the long-tailed duck is numerous in the Natura 2000 area Słupsk Bank (Table 1).
Decommissioning phase
Measures minimising the impact of noise
Only one of the environmental decisions issued so far for the OWF investment imposed an obligation to reduce the impact of the OWF on avifauna at the decommissioning stage – ED issued for the OWF Bałtyk II (Table 1). The obligation concerns the prohibition of vessel movement in the neighboring area of Słupsk Bank during the period particularly important for the long-tailed duck.
Table 1. Guidelines for limiting negative impacts on avifauna during the various phases of the implementation of offshore wind farms, as set out in the existing decisions on environmental conditions
| Project name | Construction phase | Operation phase | Decommissioning phase |
| OWF Bałtyk III1) | 1) The maximum number of power plants is 120. The minimum clearance between the lower position of the rotor wing and the sea surface should be no less than 20 m, the rotor diameter no greater than 200 m and the overall height of the structure no greater than 275 m above sea level. 2) Fill in the area intended for the investment with power plants structures gradually, extending the farm area with neighboring power plants 3) Schedule the works so that the activities causing the greatest environmental impact (e.g., foundation pile driving) are carried out during the months of May to September. 4) During the bird migration period (early July to mid-November and early March to mid-May) on vessels and farm structures, limit the use of strong light sources at night and do not direct light upwards 5) The tips of the rotor blades should be painted in bright colours, considering the current regulations for marking aerial obstructions Guidelines according to the decision of the RDEP based on the amendment of the ED of 8 November 20222) 1) The maximum number of power plants is 60 2) The north-western tip of the body of water intended for the wind farm should be excluded from the possibility to locate over-water elements of the farm in such a way that a 5 km wide corridor should be created, crossing the areas of the OWF Bałtyk III and the OWF Baltica 2 and 3 in SW-NE direction | 1) In order to avoid collisions between birds and wind turbines, equip the farm with a system that allows the wind turbines to be switched off for a short period of time in particularly severe weather conditions causing limited visibility during the period of the most intensive bird migrations, i.e., from 15 March to 30 April and from 1 September to 15 October | Not available |
| OWF Bałtyk II3) | 1) The maximum number of power plants is 120. The minimum clearance between the lower position of the rotor wing and the sea surface should be no less than 20 m, the rotor diameter no greater than 250 m and the overall height of the structure no greater than 300 m above sea level. 2) Fill in the area intended for the investment with power plant structures gradually, extending the farm area with neighboring power plants 3) Schedule works so that activities causing the greatest environmental impact (e.g., foundation pile driving) are carried out during the months of 1 May – 30 September, considering any restrictions associated with lighting of structures at night during the autumn migration period 4) During the bird migration period (early 1 July to 15 November and 1 March to 15 May), on vessels and farm structures, limit the use of strong light sources at night and do not direct light upwards 5) The tips of the rotor blades should be painted in bright colours, considering the current regulations for marking aerial obstructions 6) In the period from 1 November to 30 April, when the long-tailed duck is abundant on Słupsk Bank, it is prohibited for vessels participating in the construction, demolition, and exploitation tasks of the OWF to enter the Słupsk Bank Natura 2000 area. Guidelines according to the decision of the RDEP based on the amendment of the ED of 26 October 20214) 1) The maximum number of power plants is 60 2) In order to minimise cumulative impacts on birds, the north-western corner of the area intended for OWF Bałtyk II has been excluded from the development of elements of the OWF, which will allow for the extension of the free-of-building area located between the farm in question and FEW Baltic II 3) The southern part of the area, directly adjacent to Słupsk Bank, with an area of approx. 15.6 km2 (depending on the final rotor diameter of the selected wind turbines) | 1) In order to avoid collisions between birds and wind turbines, equip the farm with a system that allows the wind turbines to be switched off for a short period of time in particularly severe weather conditions, causing limited visibility during the period of the most intensive bird migrations, i.e. from 15 March to 30 April and from 1 September to 15 October 2) In the period from 1 November to 30 April, when the long-tailed duck is abundant on Słupsk Bank, it is prohibited for vessels participating in the construction, demolition and exploitation tasks of the OWF to enter the Słupsk Bank Natura 2000 area. | 1) In the period from 1 November to 30 April, when the long-tailed duck is abundant on Słupsk Bank, it is prohibited for vessels participating in the construction, demolition, and exploitation tasks of the OWF to enter the Słupsk Bank Natura 2000 area |
| OWF Baltica 2 i 35) | 1) The maximum number of power plants is 209. The minimum clearance between the bottom position of the rotor wing and the sea surface should be no less than 20 m, the rotor diameter no greater than 220 m and the overall height of the structure no greater than 250 m above sea level. 2) Make the choice to design wind turbine towers with a solid rather than truss structure (less likely to cause bird collisions) 3) Lighting: small, weak, pulsating, avoid upward positioning. Paint blade tips in bright colours 4) Foundation work requiring piling excluded from 1.11 to 30.04 5) A ban has been introduced on vessel movements within a buffer of 2 km from the Natura 2000 area during the above period (i.e., the wintering period of the long-tailed duck) 6) For gravity foundation work carried out between 1.05 and 31.10 at 3 km inclusive and between 1.11 and 30.04 more than 5 km from the border of a Natura 2000 area, use 42-hour intervals between foundation work 7) Consider other pilings in the vicinity so that the number of simultaneous pilings is no more than two 8) Determine the noise levels within which birds are frightened during the construction phase 9) As a result of the restriction of the OWF development area, a 5 km wide migration corridor will be created in the migration direction of most seabird species (north-east – south-west) Guidelines according to the decision of the RDEP based on the amendment of the ED of 21 August 20236) | 1) The decision on possible exclusion of the wind turbines will be taken by the RDEP after the post-implementation monitoring has been carried out | Not available |
| OWF Baltic Power7) | 1) The maximum number of power plants is 126. The minimum clearance between the bottom position of the rotor wing and the sea surface should be not less than 20 m, the rotor diameter not more than 260 m and the total height of the structure not more than 330 m above sea level 2) Carry out piling between August and March under ornithological surveillance. If ornithological surveillance does not observe the presence of nuthatches, alcids, long-tailed ducks and velvet scoters within a 2 km radius of the piling site, work may commence, each time preceded by a soft-start procedure. 3) During the months of March-September, when bird numbers in this water body are at their lowest, the pace of construction work should be intensified 4) Building successive power plants starting from one place, so that the area intended for the investment is filled with constructions gradually, extending the area of the OWF with neighboring power plants 5) The authority indicated the need to clarify the methodology for carrying out ornithological surveillance at the stage of reassessing the environmental impact. Guidelines according to the decision of the GDEP after an appeal against the decision of the RDEP (based on the revocation of the ED dated 29 June 2022)8) 1) It is allowed to carry out only one piling in the OWF area in each period, considering the piling in the areas adjacent to the OWF 2) The ends of the rotors should be painted in bright colours (fluorescent, UV-absorbing or reflective paints) 3) Use of solid instead of trussed construction 4) During the construction phase, strong upward positioned light should not be used from dusk to dawn | 1) Equip the OWF with a system allowing to stop for a short period of time selected wind turbines during bird migration periods in case the results of the operational monitoring indicate that over the OWF area an intensive migration of cranes takes place at the collision height 2) At the reassessment stage, special consideration should be given to the possibility of a system of temporary shutdown of individual wind turbines or groups of wind turbines for a larger number of bird species flying at collision height, e.g., for the velvet scoter | Not available |
| FEW Baltic II9) | 1) It is forbidden for vessels to enter the Słupsk Bank area from 1.12. to 15.03 – the long-tailed duck wintering period 2) Minimum clearance between lower wing position and sea surface – 22 m 3) When designing the spacing of the wind turbines, an undeveloped zone should be left between FEW Baltic II and the adjacent OWF Bałtyk II to the east with a minimum corridor width of 4 km 4) At nighttime on vessels and structures, limit the use of strong light sources and do not direct it upwards 5) Carry out pile driving in May-September (lowest bird numbers) 6) Paint the tips of the rotor blades in bright colours, and paint one of the 3 rotor blades of each wind turbine black to minimise blurring of the turbine movement. | 1) Periodically, automatically switch off wind turbines in sensitive situations, with the highest risk of collisions (estimated periods of migration; 15.03-30.04 and 01.09-15.10) | Not available |
| OWF BC-Wind10) | 1) Maximum number of power plants up to 41. The minimum clearance between the lower position of the rotor wing and the sea surface, should be not less than 20 m, the rotor diameter not more than 280 m and the total height of the structure not more than 330 m above sea level. 2) Carry out the piling process during the months of August to March under ornithological supervision. In the event of sightings of nuthatches, alcids, long-tailed ducks and velvet scoters within a 2 km radius of the piling site, work may be started preceded by a soft-start procedure 3) Fill in the area intended for the investment with structures gradually, expanding the OWF area with neighboring power plants 4) Use solid construction 5) Between the OWF area and the area of the nearest neighboring OWF planned from the west, leave an unobstructed migration corridor, the width of which will not be less than 4 km and its axis will be a straight line 6) Also consider piling on other planned OWFs in the immediate vicinity so that the number of simultaneous pilings is no more than two 7) Precede each start of work with a soft-start procedure to allow birds to leave and move away from the area | 1) Equip the OWF with a system allowing for short-term shutdown of selected power plants during bird migration periods when monitoring results indicate intensive crane migrations at collision height 2) OWF lighting to be designed in a minimalist manner to reduce the risk of collision | Not available |
- Decision of the Regional Director for Environmental Protection in Gdańsk dated 7 July 2016, mark: RDOŚ-Gd-WOO.4211.12.2015.KP.22, on the issuance of a decision on environmental conditions for the project entitled.: „Budowa morskiej farmy wiatrowej Bałtyk Środkowy III” (current name – Bałtyk III)
- Decision of the Regional Director for Environmental Protection in Gdańsk of 8 November 2022, mark: RDOŚ-Gd-WOO.420.41.2022.AM.6, on the amendment to the decision on environmental conditions of the mark RDOŚ-Gd-WOO.4211.12.2015.KP.22 dated 7 July 2016 r., issued by the Regional Director for Environmental Protection in Gdańsk for the project titled: „Budowa morskiej farmy wiatrowej Bałtyk Środkowy III” (current name– Bałtyk III)
- Decision of the Regional Director for Environmental Protection in Gdańsk dated 27 March 2017, mark: RDOŚ-Gd-WOO.4211.26.2015.KSZ.20, on the issuing of a decision on environmental conditions for the project entitled: „Budowa morskiej farmy wiatrowej Polenergia Bałtyk II”
- Decision of the Regional Director for Environmental Protection in Gdańsk of 26 October 2021, mark: RDOŚ-Gd-WOO.420.3.2021.KSZ.14, on the amendment to the decision on environmental conditions of the mark RDOŚ-Gd-WOO.4211.26.2015.KSZ.20 of 27 March 2017, issued by the Regional Director for Environmental Protection in Gdańsk for the project entitled.: „Budowa morskiej farmy wiatrowej Polenergia Bałtyk II”
- Decision of the Regional Director for Environmental Protection in Gdańsk of 24 January 2020, mark: RDOŚ-Gd-WOO.4211.21.2017.MJ.PW.AJ.37, on the issuance of a decision on environmental conditions for the project entitled.: „Morska Farma Wiatrowa Baltica” (the project covers two areas – Baltica 2 oraz Baltica 3)
- Decision of the Regional Director for Environmental Protection in Gdańsk of 21 August 2023, mark: RDOŚ-Gd- WOO.420.29.2023.AJ.8.zpo, on the amendment to the decision on environmental conditions for the project entitled.: „Morska Farma Wiatrowa Baltica” (the project covers two areas – Baltica 2 oraz Baltica 3)
- Decision of the Regional Director for Environmental Protection in Gdańsk of 17 September 2021, mark: RDOŚ-Gd-WOO.420.42. 2020.AJ.21, on the issuance of a decision on environmental conditions for the project entitled.: „Morska Farma Wiatrowa Baltic Power”
- Decision of the General Director of Environmental Protection dated 29 June 2022, mark: DOOŚ-WDŚZOO.420.59.2021. SP.10, revoking the decision of the Regional Director for Environmental Protection in Gdańsk of 17 September 2021, mark: RDOŚ-Gd-WOO.420.42. 2020.AJ.21, on environmental conditions for the project entitled: „Morska Farma Wiatrowa Baltic Power” in its entirety and by setting the environmental conditions for the above project
- Decision of the Regional Director of Environmental Protection in Szczecin of 30 November 2021, mark: WONS-OŚ.420.20. 2020.KK.30, on environmental conditions for the project involving the construction of an offshore wind farm FEW Baltic II
- Decision of the Regional Director for Environmental Protection in Gdańsk of 16 September 2022, mark: RDOŚ-Gd-WOO.420.50.2021.KSZ.AM.10, on the issuing of a decision on environmental conditions for the project entitled: „Morska Farma Wiatrowa BC-Wind”