Annex 8

(Art. 41f and 42b )

Planning Remediation Measures for Hydropeaking and Bed Load Budget

1 Definition

There are special conditions in particular if:

1. two or more installations cause serious harm in the same catchment area; and
2. the degree of harm caused by each individual installation cannot yet be assessed.

2 Planning stages for the remediation of hydropeaking

¹The cantons shall submit an interim report to the FOEN by 30 June 2013. The report shall contain:

1. for each catchment area, a list of the existing hydropower plants that may cause flow fluctuations (pumped-storage power plants and run-of-river power plants);
2. information as to which hydropower plants on which stretches of water are seriously harming the indigenous flora and fauna and their habitats due to hydropeaking;
3. an assessment of the ecological potential of the seriously harmed stretches of water and of the degree of harm;
4. for each hydropower plant that is seriously harming indigenous flora and fauna and their habitats due to hydropeaking: possible remediation measures, their assessment and a list of the measures to be taken and information on the coordination of these measures in the catchment area;
5. for hydropower plants for which no decision can yet be made on the remediation measures to be taken under letter d due to special circumstances: a deadline by which the information under letter d must be submitted to the FOEN.

²They must submit the agreed plan to the FOEN by 31 December 2014. It shall contain:

1. a list of the hydropower plants whose responsible person must take measures to remediate serious harm to the indigenous flora and fauna and their habitats due to hydropeaking, with information on the remediation measures to be taken and the deadlines by which these must be planned and implemented. The deadlines are governed by the urgency of the need for remediation;
2. Information on how the remediation measures in the catchment area of the body of water concerned will be coordinated with other measures to protect natural habitats and against flooding;
3. for hydropower plants for which no decision can yet be made on the remediation measures due to special circumstances: a deadline by which the canton shall specify whether and if applicable which remediation measures must be planned and implemented and by when.

3 Planning stages in the case of the remediation of the bed load budget

¹The cantons shall submit and interim report to the FOEN by 31 December 2013. It shall contain:

1. a list of stretches of water where the indigenous flora and fauna and their habitats, the groundwater regimen or flood protection are seriously harmed by a change in the bed load budget;
2. an assessment of the ecological potential of the seriously harmed stretches of water and of the degree of the harm;
3. a list of all hydropower plants on the seriously harmed stretches of water as well as other installations causing serious harm to the stretches of water under letter a;
4. a list of the installations whose responsible person must probably take remediation measures, with information on the feasibility of the remediation measures and on the coordination of these measures in the catchment area.

²They shall submit the agreed plan to the FOEN by 31 December 2014. It shall contain:

1. a list of the installations whose responsible person must take measures to remediate serious harm to the indigenous flora and fauna and their habitats, the groundwater regimen or flood protection due to a change in the bed load budget and the deadlines by which the measures must be planned and be implemented. The deadlines are governed by the urgency of the need for remediation;
2. information on how other measures to protect natural habitats and against flooding shall be taken into account in the remediation of the bed load budget;
3. for installations for which no decision can yet be made on the remediation measures due to special circumstances: a deadline by which the canton shall specify whether and if applicable by when remediation measures must be planned and implemented.