Identification and Designation of High-Modifier Water Bodies Under the Water Framework Directive

1. Open issue: identification & designation of HMWB Ulrich Irmer (D) & Martin Marsden (UK)

2. Introduction to controversial issue Interpretations: (1) Wide definition includes any water body which fails to achieve good status because of changes in hydrology or morphology. This will include effects of abstractions and discharges. (2) Narrow definition which includes primarily major infrastructure projects which fundamentally change the character of a water body. Will not include water bodies which are only effected by abstractions and discharges.

3. Intent of Directive What is the intent of the Directive? (1) Article 1 - to protect and enhance the status of waters (2) Preamble 25, 26 & 33 – to achieve good status. Article 4(1)(a)(ii) defines the objective to achieve good status (Prime purpose of Directive – normal objective ) However, where water body is HMWB then 4(1)(a)(iii) applies. This should be narrowly interpretated to avoid compromising the prime purpose of the Directive.

4. Article 2(9) definition Water body can only be considered as HMWB if it meets the criteria within the definition 2(9). Has three components – must be: • substantially changed in character; • result of physical alterations by human activity; • designated in accordance to “Annex II” (Article 4(3)).

5. Substantially changed in character Interpretation. • Changes must be extensive or profound. • Notwithstanding the application of the programmes of measures changes must be long-term they must not be temporary (will remove reference to intermittent). • Should normally be obvious on visiting a HMWB that the changes to its characteristics represent a major deviation from unmodified state. • Changes must be consistent with the scale of changes that result from the specified uses listed within Article 4.3.

6. Result of physical alterations Interpretation: It is assumed that “physical alterations” means in changes to hydromorphology (as described in Article 4(3)(a)). Hydromorphology means both hydrology & morphology impacts. Cannot mean hydrology or morphology.

7. Designated in accordance with (4.3) Test 4.3(a) Must have a significant adverse effect upon (1) the wider environment; (2) listed specified uses: • navigation, including port facilities, or recreation; • activities for the purposes of which water is stored, such as drinking-water supply, power generation or irrigation; • water regulation, flood protection, land drainage, (3) other “equally important” “sustainable” human development activities.

8. Summary Clear legally based interpretation: (2) Must be substantially changed in character – not equivalent to failure to achieve good status because of hydrological or morphological changes. (2) Physical alternation = hydromorphological (both hydrological and morphological changes must be present); (3) Must be designated under Article 4(3) which is restricted in its application to specified uses +.

9. Recommendation Proposed narrow definition restricts the application of HMWB designations to major infrastructure projects such as flood defense or hydropower. The wider definition would also include impacts from abstractions and impoundments. This would allow widespread designation – would compromise the Directive. Would ask the SCG to close this controversial issue.