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Thesis-Anne-Vos-Masters-SBR-and-EU-Law-3

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2.3.1.3 Seismicity<br />

The risk of seismicity is according to the environmental impact assessment, made by the<br />

Commission, not particularly great, but when it comes to the public's opinion this concern is ranked<br />

high. Earth tremors might happen during the process of fracking <strong>and</strong> the injection under high<br />

pressure. Minor earth tremors have already occurred in the United Kingdom (by wells of Cuadrilla<br />

Resources) 63 <strong>and</strong> in North America, Ohio. It is often argued that earth tremors are not specific for<br />

shale gas projects. They e.g. also occur during geothermal activities. According to the experts,<br />

there is not a high risk of seismicity particular to shale gas activities. 64 However, this does not<br />

eliminate the risks <strong>and</strong> dangers of seismicity. In the Netherl<strong>and</strong>s, this fear is also considered high,<br />

partly due to the recent earthquakes in Groningen, caused by natural gas extraction.<br />

2.3.2 Local impacts<br />

Shale gas activities require wide areas for its extraction, in contrast to conventional resources. The<br />

concessions granted in several MS differ now from 300 km2 in the Netherl<strong>and</strong>s to 2900 km2 in<br />

Denmark, with special attention to a concession in Pol<strong>and</strong> of 87000 km2. 65 For the extraction of the<br />

shale gas, several wells <strong>and</strong> infrastructure are needed. This will also result in a lot of road traffic. 66<br />

After all, the resources, materials <strong>and</strong> waste should be transported to <strong>and</strong> from the site. Road<br />

traffic also means air pollution, noise disturbance <strong>and</strong> accidents. This could moreover lead to "l<strong>and</strong><br />

fragmentation, l<strong>and</strong> take (l<strong>and</strong> being turned into an artificial surface, AV) <strong>and</strong> disturbance to<br />

biodiversity." 67 In the U.K. it was estimated that the extraction of shale gas could lead to 7.000-<br />

11.000 truck visits for the development of 10 wells. This would have an enormous impact on the<br />

road network surrounding the well-pad. 68<br />

2.3.3 Transparency <strong>and</strong> public consultation<br />

Shale gas extraction also suffers from problems by the acceptance of the public. Besides the fact<br />

that the public is afraid of the mentioned environmental concerns (previous paragraph) <strong>and</strong> the lack<br />

of regulatory framework (next chapter), it is also concerned about the level of precaution,<br />

transparency <strong>and</strong> consultation of the shale gas projects. 69 This appeared from the Commission'<br />

consultation (held between 20 December 2012 <strong>and</strong> 23 March 2013). 70 Here, the public points out<br />

the lack of information with regard to the composition of fracturing fluids <strong>and</strong> geological<br />

conditions. 71 Often it is even the case that this information is kept secret.<br />

This lack of public trust is a problem for the development of shale gas activities. Due to (still<br />

unresolved) concerns, citizens oppose <strong>and</strong> protest against the activities, especially when the<br />

activities will be explored near their homes ('not in my backyard'-effect). This could slow down the<br />

process of shale gas extraction or prevent the project in its totality, as is already shown by several<br />

imposed moratoria in multiple MS 72 <strong>and</strong> even legal bans in France <strong>and</strong> Bulgaria. 73 Hence, it is of<br />

great importance that all these public concerns are addressed. This will stimulate their acceptance.<br />

This is also stressed by the Committee of the Regions who advocates for "m<strong>and</strong>atory<br />

implementation of wide range of effective participatory planning tools <strong>and</strong> method before<br />

63<br />

IEA Golden Rules Report (2012), p. 26.<br />

64<br />

Commission Staff Working Document Impact Assessment (2014), part 1/4, p. 26.<br />

65<br />

Commission Staff Working Document Impact Assessment (2014), part 1/4, p. 26.<br />

66<br />

Commission Communication (2014), p. 6.<br />

67<br />

Commission Staff Working Document Impact Assessment (2014), part 1/4, p. 26.<br />

68<br />

Commission Staff Working Document Impact Assessment (2014), part 4/4, p. 8.<br />

69<br />

Commission Staff Working Document Impact Assessment (2014), part 1/4, p. 32.<br />

70<br />

European Commission DG Environment, Final report: Analysis <strong>and</strong> presentation of the results of the public consultation<br />

"Unconventional fossil fuels (e.g. shale gas) in Europe", 3 October 2013.<br />

71<br />

Commission Communication (2014), p. 6.<br />

72<br />

Including the United Kingdom (although lifted as of December 2012), the Netherl<strong>and</strong>s, states in Germany, parts of Spain,<br />

Romania (also lifted in December 2012) <strong>and</strong> Denmark.<br />

73<br />

Fleming (2013),pp. 12-32.<br />

16

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