Case handler: Gabrielle Somers
Tel: (+32)(0)22861876
[email protected]
Brussels, 14 March 2016
Case No: 78784
Document No: 796919
Mini stry of Environment
PO Box 8013 Dep
NO-0030 Oslo
Norway
Dear Sir/Madam,
Subject:
complaint against Norway regarding the development of a power plant
in Lower otta and compliance with the water Framework Directive
On 28 February 2016, the EFTA Surveillance Authority ('1he Authority') received a
complaint against Norway alleging a failure to comply with the provisions of Directive
200016018C, the Water Framework Directive, with regard to the development of a power
plant in Lower Otta.
According to the complainant, the activity referred to above is in breach of the Water
Framework Directive, as it will destroy the continuity of the river system and will lead to a
deterioration of the aquatic ecology. Further, the complainant alleges that there are no
grounds for an exemption under Article 4.7 of the Water Framework Directive, as the
benefits from the activity can be achieved with less environmental impact.
The Authority's Intemal Market Affairs Directorate ("the Directorate") is presently
considering the merits of the complaint. In order for the Directorate to examine and assess
the complaint, the Norwegian Government is invited to provide the following information:
1.
2.
3.
4.
5.
6.
The Directorate understands that the King in Council gave permission for the hydro
power plant on 11 December 2015. In that regard the Authority would like to know
a. If any further permissions or licences are necessary to operate the hydro
power plant?
b. Whether there has been an appeal against the decision of I I December 2015?
If so, what is its status?
Is there is a River Basin Management Plan in force for the relevant River Basin and
if so; if the planned activity is included in the River Basin Management Plan for the
relevant River Basin.
Please provide the evidence used to determine that the project would result in a
deterioration of the status of the surface water.
Please explain in detail how the exernption under Article 4.7 of the Water
Framework Directive has been applied to the permit for the hydro power plant in
Lower Otta.
Please explain if the activity will affect the chemical status of the water body
The Directorate understands that there already are hydro power plants in the relevant
River Basin. Please confirm whether an assessment related to the cumulative load
on the River basin have been carried out.
Rue Belliard 35, B-1040 Brussels, tel: (+32)(0)2 286 18 I
I, fax: (+32)(0)2286
1S 00,
www.eftasurv.int
Page2
i.
The Authority understands that the new development in Lower Otta will connect to
the hydro power plant already in place in Eidefossen. In that regard the Directorate
would like to know
a. If the licence for Eidefossen hydropower plant has been revised and renewed
in accordance with the Water Framework Directive?
b. What the current licence for Eidefossen Hydro power plant contains?
The Norwegian Government is invited to submit the above information, as well as any other
information it deems relevant to the case, so that it reaches the Authority by 15 April 2016.
please enclose copies of any relevant national legislation, including English translations
if
available.
Yours faithfully
frlfu,@
Internal Market Affairs Directorate