1. PIANC, Chair of WFD Navigation Task Group
Operating in the area of WFD-MSFD overlap: practical challenges for the ports and navigation sector
Jan Brooke
PIANC, Chair of WFD Navigation Task Group
19th June 2012

2. Scope of presentation Background and context
WFD and MSFD coastal water body objectives
Challenges for operators
Implications for new development
Potential issues
Why it matters
What is needed

3. MSFD Preamble 12
Coastal waters, including their seabed and subsoil, are an integral part of the marine environment, and as such should also be covered by this Directive in so far as particular aspects of the environmental status of the marine environment are not already addressed through [the Water Framework Directive] or other Community legislation, so as to ensure complementarity while avoiding unnecessary overlaps.

4. For those people in the audience that are not familiar with PIANC, I will start with a short overview of who we are and what we do.
The core business of PIANC is and stays the publication of high quality technical reports that provide guidance worldwide about new developments in navigation related subjects.
These reports are drafted by international working groups of experts that on a non paid basis contribute to this work. Japan manages to be represented in many of these working groups for which we are grateful.

6. Navigation in coastal water bodies
Vessel movements
Approach channel maintenance dredging
Dredged material disposal
Breakwaters, training walls, quaylines
Port and harbour infrastructure
Port operations
New developments (e.g. reclamation; capital dredging)

7. MSFD Descriptors
Related to or to be delivered (in whole or part) by WFD in coastal water bodies
Hydrographical conditions
Contaminants (and contaminants in fish)
Eutrophication
Not covered by WFD
Noise
Marine litter
Marine mammals

8. Challenges for operators
Sector welcomes efforts to date to ensure compatibility of WFD and MSFD objectives
However, for port or navigation authority
confusion between GES and …… GES
WFD river basin management plan and marine strategy
two sets of measures with different deadlines
and, in many Member States, two different competent authorities

9. Navigation in coastal water bodies
Vessel movements
Approach channel maintenance dredging
Dredged material disposal
Breakwaters and quaylines
Port and harbour infrastructure
Port operations
New developments (e.g. reclamation; capital dredging)

10. New development considerations
Scale: WFD water body vs. MSFD marine (sub-) region

13. New development considerations
Scale a
WFD Article 4.7

14. WFD Article 4(7)
Allows new physical modifications affecting surface water status if:
all practicable mitigation measures
no economically and technically viable, environmentally better alternative
overriding public interest or equivalent
set out reasons for development in RBMP
No equivalent provision in the MSFD
Related to scale?

15. New development considerations
Scale a
WFD Article 4.7 a
Heavily modified water bodies

16. New development considerations
Scale a
WFD Article 4.7 a
Heavily modified water bodies a
Consistency in use of exemptions between two Directives?

17. New development considerations
Scale a
WFD Article 4.7 a
Heavily modified water bodies a
Consistency in use of exemptions between two Directives a
Cumulative and in-combination effects

18. Cumulative effects
EIA / Habitats Directives require assessment of cumulative or in-combination effects
Developer typically provides the information necessary to inform assessment
Similar requirement, by implication, in WFD - but less clear who provides data
No equivalent provision in MSFD
However, given scale issue, cumulative effects likely to be much more relevant to status than the effects of a single project ……

19. Why does all this matter?
Operators / developers are understandably not familiar with the Directives
If developer /operator receives contradictory advice from the respective competent authorities, it will be difficult for them to be sure that their activities are compliant
Unintended consequences: economic costs of confusion, duplication or delays – and the associated administrative burden – could be considerable, not only for the operator but also for the regulator
Potential for effect on competition

20. So, what is needed? ‘Coastal water bodies’ document? Not the answer
Clear, consistent interpretation of WFD-MSFD inter-relationships: not only objectives, but measures, the use of exemptions and the plan/strategy documents
Practical guidance for operators and developers
Consideration given to cumulative effects
Regulators / advisors aware of agreed approach
Ongoing communication and coordination

21. Thanks for listening!