1. Drafting group Mixing Zones
London
11 December 2008

2. The “Mixing Zone-Express”
11 December 2008

3. Legal background I WFD (2000/60/EC)
10. Body of surface water. means a discrete and significant element of surface water such as a lake, reservoir, a stream, river or canal, part of a stream, river or canal, a transitional water or a stretch of coastal water.
24. Good surface water chemical status. means the chemical status required to meet the environmental objectives for surface waters established in Article 4(1)(a), that is the chemical status achieved by a body of surface water in which concentrations of pollutants do not exceed the environmental quality standards established in Annex IX and under Article 16(7), and under other relevant Community legislation setting environmental quality standards at Community level.
35. Environmental quality standard. means the concentration of a particular pollutant or group of pollutants in water, sediment or biota which should not be exceeded in order to protect human health and the environment.

4. Legal background II Directive on EQS (ST03644[1]EN08)
In accordance with Article 1 of this Directive and Article 4 of Directive 2000/60/EC,
Member States shall apply the EQS laid down in Part A of Annex I to this Directive
for bodies of surface water.

5. At the monitoring station?
Applying EQS
At the monitoring station?
where should an EQS be met? X
Everywhere?
AGREE?

6. EQS should be met at outfall
Applying EQS (II)
EQS should be met at outfall
Summary of costs to limit mixing zones by 2018 (ECORYS)
Point source Investments (x mln euro)
STPs – 1,830
Industry
Sewer overflows ‘several billion euros’
Untreated household discharges 1,000
Total 1,474 – 3,477
+ ‘several billion’

7. Legal background III Directive on EQS (ST03644[1]EN08) Article 4
Member States may designate mixing zones adjacent to points of discharge. Concentrations of one or more substances listed in Part A of Annex I may exceed the relevant EQS within such mixing zones if they do not affect the compliance of the rest of the body of surface water with those standards.
Member States that designate mixing zones shall include in RBMP’S produced in accordance with Article 13 of Directive 2000/60/EC a description of:
the approaches and methodologies applied to define such zones; and
measures taken with a view to reducing the extent of the mixing zones in the future, such as those pursuant to Article 11(3)(k) of Directive 2000/60/EC or by reviewing permits referred to in Directive 2008/1/EC or prior regulations referred to in Article 11(3)(g) of Directive 2000/60/EC.

8. Legal background
Member States that designate mixing zones shall ensure that the extent of any such zone is:
(a) restricted to the proximity of the point of discharge;
(b) proportionate, having regard to the concentrations of pollutants at the point of discharge and to the conditions on emissions of pollutants contained in the prior regulations, such as authorisations and/or permits, referred to in Article 11(3)(g) of Directive 2000/60/EC and any other relevant Community law, in accordance with the application of best available techniques and Article 10 of Directive 2000/60/EC, in particular after those prior regulations are reviewed.
Technical guidelines for the identification of mixing zones shall be adopted in accordance with the regulatory procedure referred to in Article 9(2) of this Directive.

9. Applying EQS (III)
Mixing zone

10. This is not what we need to do!
Mixing zones
This is not what we need to do!
2-dimensional approaches based on Fischer equations
empirical models, like CORMIX
3-dimensional models

11. Mixing zones

12. A description of each mixing zone is nonsense
A description of a general approach might make sense

17. Mixing zones No problem to make it very complex
Complex models; a lot of information and resources are needed
Be pragmatic

18. Mixing zones
Mandate for a drafting group under working group E and CMA
Outline of guideline
Definition The mixing zone is that part of a body of surface water adjacent to the point of discharge within which the Competent Authority is prepared to accept EQS exceedance, provided that it does not affect the compliance of the rest of the water body with EQS.

19. Mixing zones

20. Limit dimensions: L and W
Mixing zones
When do we have a mixing zone that does not affect the EQS of the rest of the water body.
Limit dimensions: L and W

21. Legal background IV Article 10 (WFD)
The combined approach for point and diffuse sources
10.3. Where a quality objective or quality standard, whether established pursuant to this Directive,
in the Directives listed in Annex IX, or pursuant to any other Community legislation, requires stricter
conditions than those which would result from the application of paragraph 2, more stringent emission
controls shall be set accordingly.
Article 10 (IPPC)
Best available techniques and environmental quality standards
Where an environmental quality standard requires stricter conditions than those achievable by the use
of the best available techniques, additional measures shall in particular be required in the permit, without
prejudice to other measures which might be taken to comply with environmental quality standards.
Article 19 (Industrial emissions)
Environmental quality standards
Where an environmental quality standard requires stricter conditions than those achievable by
the use of the best available techniques, additional measures shall be included in the permit,
without prejudice to other measures which may be taken to comply with environmental quality standards.

22. Issues for discussion Definition MS may designate …. When? And why?
A mixing zone for every point source vs a general approach
What are the limits of the mixing zone.
Mixing zones and good chemical status in 2015
Mixing zones and protected areas

23. Timetable: Mixing Zone Guidance I
Initial meeting Paris
September 2008
October 2008
Presentation of approach to WG-E
SCG and Water Directors agree mandate
November 2008
Drafting group 1st working draft to DG Environment
December 2008
February 2009
Revisions and consultation with WG E
Presentation of consolidated 1st draft to WG-E meeting
March 2009
Start the testing of the guidance
March 2009
Amend document to reflect Member State written comments
June 2009

24. Timetable: Mixing Zone Guidance II
Final version agreed at WG-E
October 2009
November 2009
SCG and Water Directors adopt final version
November 2009
/Spring 2010
Article 21 Committee
Transposition of Daughter Directive
June 2010
December 2015
Use of Guidance for RBMP2

25. “Mixing Zone – Express” will arrive on time

26. Mixing zones X