Contents

1. An analysis of the environmental management elements of the Water Framework Directive and its implementation components

2. Contents • Introduction to the Water Framework Directive • Objective of the Directive • The new integrated water policy • Implementation components of the WFD • Phases, tasks and deadlines of implementation process • Environmental management components of the WFD • Ecological and chemical objectives • Programme of Measures and River Basin Management Plan • Water pricing and cost recovery of water services • Public Participation • Conclusion

3. “Water is not a commercial product like any other but, rather, a heritage which must be protected, defended and treated as such” 1. Water Framework Directive • Published in the official Journal of the European Union on 22nd December 2000. • WFD has been developed over the past 10 years. • It is a result of the concerns of European Member States on the deterioration of water systems. • It is also an outcome of moving towards integrated water management systems. • Aim to reach the „good status” of aquatic ecosystems by the year 2015 and further preserve it. Water Framework Directive, OJ 22.12.2000

4. 1. Water Framework Directive • It takes care of the water system as a whole, addressing the water as it flows through a river basin to the sea, • WFD applies its provisions to inland surface waters, groundwaters, transitional (estuarine) and coastal waters, • Sustainable water management has its focal point not only in prevention of further deterioration of waters but what is more important in the enhancement of quality and preservation of the „good status” of aquatic ecosystems, by specific deadline. The Water Framework Directive is a significant, unique in its scope legislative instrument:

5. Birds Directive Bathing Water Directive Habitats Directive WFD Drinking Water Directive IPPC Directive EIA Directive Urban Wastewater Directive Major Accidents Directive Plant Protection Products Directive Sewage Sludge Directive Nitrates Directive Precautionary principle Preventive action principle Polluter pays principle Dealing with environmental damage at a source WFD addresses The new integrated water policy • Relation to other directives, int. treaties and European legislation. • The provisions of WFD take over the framework of aspects that were previously covered through other legislation, • Those should be repealed once the relevant provisions of the particular directive have been fully implemented with the process of the WFD implementation.

6. The new integrated water policy • Takes into account the available scientific and technical data together with the diverse environmental, economic and social situations in the various regions of the Community, • suggests adopting different specific measures and solutions adjusted to the conditions of the EU Member States, with local responsibility for an action. • Calls for integration of different sectors. Continuous dialogue • Success of the Directive strongly relies on close cooperation and coherent action at all administrative levels, both national and international, as well as on information, consultation and involvement of different sectors of interest including public and users.

7. Water Quality Objectives (WQO) Emission Limit Values (ELV) WATER FRAMEWORK DIRECTIVE + The new integrated water policy • WQOdefines the minimum quality requirements of water to limit the cumulative impact of emissions; • ELVfocuses on the maximum allowed quantities of pollutants that may be discharged from a particular source into the aquatic environment. • WFD deals both with the WQO and ELV resulting in a more rigorous approach. • Dealing with pollution of waters at two levels: theWater Quality Objective approach (WQO), and theEmission Limit Value (ELV) approach.

8. 2. Implementationcomponents of the WFD • Member States have to comply with provisions of WFD and specified timetable with deadlines to follow, through different phases of the implementationprocess. • The specified tasks are not arranged in a sequence of consecutive steps, where each activity has to be successfully finalized before the next activity can be carried out. • Instead, several tasks have to be worked on simultaneously.

9. Phases, tasks and deadlines of implementation process Phases of implementation process: Environmental objectives Current status of waters Phase 1 Phase 2 Phase 3 RBMP update 2004 Water issues revision Monitoring Programmes 2015 Interim report on implementation status 2013 2006 2012 Public Participation Implementation of Programme of Measures Gap analysis 2009 River Basin Management Plan Programme of Measures

10. Problems: Solutions: Observed problems and possible solutions • Delaying each stage may lead to failure of meeting the WFD objective by 2015 • Public participation and public review should be ensured through the implementation process • Acting on incentives/ not releasing funding by EU in case of delays or breaches in process of implementation • Overuse of possible 2x6 years time extensions (till 2027) in reaching the Directive objectives

11. Ecological and chemical objectives 3. Environmental management components • Environmental objectives as core of WFD, but NO precise definition given • Lack of specific values listed for chemical protection of waters • Good surface water status = good ecological + good chemical status • Good groundwater status = good quantitative + good qualitative status • Good ecological potential for Artificial or Heavily Modified Water Bodies • Poorer of the parameter determining water status • Use of Ecological Quality Ratios and 5 color scale for water status classes to allow for comparability • Reference conditions

12. Problems: Solutions: Observed problems and possible solutions • Only when justified and mitigation measures for improvement undertaken • Reasons stated in RBMP • Control and public review • Overuse of assigning AWB or HMWB status as reason of less stringent ‘good ecological potential’ objective • Overuse of extensions and derogations for achieving good ecological water status • Enhancing public participation, consultation and review process • Lack of common and homogenous approach in reaching the good status objective (RC, EQR, class boundaries) • Extensive cooperation and intercalibration exercises from early stages of implementation

13. POM improving RB situation relation to other national law recovery of costs sustainable water use drinking water resources groundwater abstraction and recharge penalties applicable in case of breaches of WFD provisions Programme of Measures &River Basin Management Plan Structurized forward planning of actions intended to reach the good water status within a set time span. RBMP • elements of RBD analysis • plan of how the objectives set for a river basin are to be reached • summary of POM • Public information and consultation measures • any further plans and measures to be undertaken • reviewed every 6 years

14. Problems: Solutions: Observed problems and possible solutions • The issues stated in POM and RBMP may not provide all necessary information • Public review of the plans, as required by WFD, has to be ensured • Resulting comments and suggestions to be evaluated and included in revised plans • Measures included in RBMP not being implemented • Public participation and review of actions • Executing established penalties

15. Water pricing and cost recovery of water services Possible exemptions due to social, environmental, economic, climatic, geographic reasons Full cost recovery for water including environmental and resource costs

16. Public Participation The provisions of the Directive will not be successful unless proper information, consultation and involvementof different sectors of interest including public and users from the earliest stages of WFD implementation is ensured

17. Problems: Solutions: Observed problems and possible solutions • Extensive information on WFD and water aspects provided to the public • Ensure PP from the earliest stage of implementation process • Include stakeholders in planning and decision making process • Not recognizing the important role of public participation may lead to failure of meeting the WFD objectives

18. Conclusion Overall, the Water Framework Directive is a unique, new water management legislation that will certainly lead to improvement of European waters quality. Many issues and water related aspects, which were previously not tackled with, will receive their attention and be at the spotlight. However, it is unlikely and not feasible that the main objective of the WFD of achieving good water status by December 2015 will be met.

19. Thank you! Prof. Dr. Walter Leal Harburger Schloßstraße 6-12 21079 Hamburg phone: +49 (0)40 76629-6341 fax: +49 (0)40 76629-6349 Email: leal@tutech.de www.watersketch.net