Water Framework Directive, Habitats Directive and Inland Waterway Transport Marieke van Nood WFD Team, DG ENV.D.2, European Commission

Overview presentation Main WFD objectives Links WFD, HD, IWT Implementation, good examples & guidance Conclusions

Main WFD objectives

WFD – general principles Protecting all water bodies, including transitional waters and coastal waters. Covering all impacts on waters. Achievement of good status in all water bodies and no deterioration of status. Good status: Ecological status Chemical status Quantitative status Water quality defined in terms of biology, chemistry and morphology Attention paid to socio-economic impacts, e.g. through a process of duly justified exemptions Slide 4 4

Diversity of uses, aspirations, pressures and impacts Nature protection Tourism Agriculture Flood protection Industry Waste Water Drinking water Navigation & hydropower 5

WFD Timetable Transposition into national law Dec 2003 Administrative arrangements Dec 2003 Environmental analysis: Analysis of characteristics Assessment of human impacts Economic analysis of water use Dec 2004 Monitoring programmes Dec 2006 Public Participation starts Dec 2006 Significant water management issues Dec 2007 Draft river basin management plans Dec 2008 Final river basin management plans Dec 2009 Measure to be applicable at the latest Dec 2012 Implementation, adjustment 2015 till 2027 A number of significant deadlines have passed since the adoption of the Directive in 2000, however this year 2009, sees the most important rear for river basin management in Europe. At the end of 2008 draft River basin Management plans had to be prepared, and a 6 month consultation period had to start. At the end of 2009, this process shall lead to the establishment of river basin management plans for all river basin districts across EU and neighbouring countries where applicable. To answer what happens when the Member States do not implement the Directive as they should, the following slides will show how the Commission proceeds in checking implementation and if necessary follow)-up with legal action. Slide 7 7

River Basin Management Plans Principles 1-flexibility in WFD objective setting 2-integration with other policies 3-consider a wide range of measures 4-transparency in decision making 5-6 year cyclic approach Notes for the Speaker: More information on the Directive, the implementation process and also the guidance documents are available on the internet.

Links WFD, HD, IWT

Heavily modified water bodies In case changes to the hydromorphological characteristics of that body which would be necessary for achieving good ecological status would have significant adverse effects on (e.g.) navigation, and In case the beneficial objectives served by the artificial or modified characteristics of the water body cannot, for reasons of technical feasibility or disproportionate costs, reasonably be achieved by other means, which are a significantly better environmental option: A water body can be designated as heavily modified and good ecological potential can be achieved instead of GES. Slide 10 10

Exemptions Time derogation (art 4.4) Lowered objectives (art 4.5) Phased implementation to 2021 or even 2027 depending on technical feasibility and disproportionate costs Lowered objectives (art 4.5) Depending on technical infeasibility, disproportionate costs and/or natural condition New modifications for sustainable human developments or physical alterations of surface water bodies, or alteration level of ground waters (art 4.7) Benefits overriding public interest, consideration of alternatives – better environmental option Slide 11 11

New modifications WFD allows for deterioration by new modifications under strict conditions: No better environmental options Project is of overriding public interest/outweighing water protection benefits All mitigation measures are taken Project and reasons are reported in RBM Plan Other water bodies are not impacted/other objectives not impaired Often related to Habitats Directive Article 6.3

New modifications What do we expect in plans: Assessment of project on all biological quality elements Use WFD monitoring data and/or expert judgement Assess alternatives and describe whether there are no better environmental options (e.g. type of measure, location of measure) Describe overriding public interest/comparison to foregone water protection benefits Describe assessment of mitigation measures -> Article 4.7 assessment in early stage

New modifications What do we expect in plans: Assessment of project on all biological quality elements Use WFD monitoring data and/or expert judgement Assess alternatives and describe whether there are no better environmental options (e.g. type of measure, location of measure) Describe overriding public interest/comparison to foregone water protection benefits Describe assessment of mitigation measures -> Article 4.7 assessment in early stage

Links WFD - HD Most stringent objective applies (e.g. HWMB GEP - more measures may still be needed under HD) Assess water impacts for HD and WFD together Make use of possible synergies (e.g. monitoring fish, defining measures for RBMP and Natura2000 management plans) Proposed future CIS activity on Biodiverstiy and Water is

Good examples and guidance

Good examples and guidance exist WFD: Guidance on application of exemptions http://circa.europa.eu/Public/irc/env/wfd/library?l=/framework_directive/guidance_documents&vm=detailed&sb=Title Guidance on pressures from navigation, hydropower, flood protection http://circa.europa.eu/Public/irc/env/wfd/library?l=/framework_directive/thematic_documents/hydromorphology&vm=detailed&sb=Title and Joint Statement Danube - Platina

EC Guidance documents Natura2000 + important guidance on compensation (Art. 6 (4) 1818

How to integrate IWT - ecology Early consideration of requirements WFD & Habitats directive - Planning at river basin level, for e.g. consideration of alternatives - Use best available information about mitigation measures - Early involvement stakeholders and public Use case by case approach to integrate IWT requirements and ecological requirements

More information Thank you very much! Water Information System for Europe: www.water.europa.eu DG ENV webpages: http://ec.europa.eu/environment/water WFD - Circa webpage: http://circa.europa.eu/Public/irc/env/wfd/library?l=/framework_directive&vm=detailed&sb=Title Or contact us: Marieke.van-nood@ec.europa.eu Thank you very much!