Water Framework Directive 2000/60/EC Floods Directive 2007 ... · European Water Policy –legal...

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Water Framework DirectiveWater Framework Directive2000/60/EC 2000/60/EC Floods DirectiveFloods Directive2007/60/EC2007/60/EC

Water Projects and WFDWarsaw, 8-9 July 2010

Jorge Rodríguez RomeroWFD Team CoordinatorDG Environment, European Commission

water.europa.euwater.europa.euSlide 2

European Water Policy – legal context

• Water Framework Directive (2000/60/EC)

– Intercalibration Decision (2008/915/EC)

– Groundwater Directive (2006/118/EC)

– Priority Substances Directive (2008/105/EC)

• Extending the scope:– Floods Directive (2007/60/EC)– Communication on Water Scarcity

and Droughts Communication (2007)

– Marine Strategy Directive (2008/56/EC)

• Urban waste water treatment Directive (91/271/EEC)

• Nitrates Directive (91/676/EEC)

• IPPC, Plant Protection Products, etc

• Drinking water Directive (98/83/EC)• Bathing water Directive

– New (2006/7/EC)– Old (76/160/EEC)

• Repealed by the WFD, such as quality of fish and shell fish waters, quality of waters used for drinking water abstraction, discharges of dangerous substances

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The Water Framework Directive

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Diversity of uses, aspirations, pressures and impacts

Nature protection

Industry

Tourism

Waste Water

Agriculture

Navigation & hydropower

Drinking water

Flood protection

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Diversity of river basins in Europe !

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The River Basin Concept

• Protecting all surface and water bodies, including transitional waters and coastal waters

• Covering all pressures and impacts on waters

• Water management at river basin level


Transposition into national law Dec 2003

Administrative arrangements Dec 2003

Environmental and economic analysis Dec 2004

Analysis of characteristics, assessment of human impacts, economic analysis

Monitoring programmes Dec 2006

Public Participation &

Significant water management issues Dec 2007

Draft river basin management plans Dec 2008

Final river basin management plans Dec 2009

Water pricing policies in place Dec 2010

Measures operational at the latest Dec 2012

Review report Dec 2012

Deadline for achieving env. objectives Dec 2015

Updated RBMP (+FRMP) Dec 2015

Implementation, adjustment 2015-2027

WFD Timetable

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State of play adoption River Basin Management Plans

Adopted: AT, BG, CZ, DE, EE, FI, FR, HU, IT, LU, LV, NL, SE, SK, UK + NO (75% of EU territory, 70% population)

Consultation done but not yet adopted: IE,PL,RO

Consultation not started, partial or on-going:

• On-going : DK, SI, LT, MT, CY.• Partial consultation: BE 2 out of 4

RBDs, ES (20 out of 25) not started • Not yet started at all: EL, PT

3.6.2010 : Letter formal notice to BE, CY, DK, EL, ES, IE, LT, MT, PL, PT, RO, SI.

Links to all plans available athttp://water.europa.eu/participate


WFD Environmental objectives

• No deterioration of status for surface and groundwater

• Achievement of good status by 2015

• Surface waters:– Progressive reduction of pollution of priority substances

– Phase-out of priority hazardous substances

• Groundwater: – Prevention and limitation of input of pollutants

– Reversal of any significant, upward trend of pollutants

• Achievement of standards and objectives set for WFD protected areas in Community legislation


What is Good Status ?

• Good surface water status

– Good chemical status + good ecological status

• Good groundwater status

– Good chemical status + good quantitative status

Means meeting all standards for chemicals:

- quality standards set at EU level:

pesticides and nitrates

- threshold values: standards set at

national level

Means an expression of the quality of the

structure and functioning of aquatic

ecosystems including: biological,

hydromorphological and chemical

elements

Means ensuring a long-term balance

between abstraction and recharge,

protecting as well associated surface

waters and ecosystems.

Means meeting all environmental quality

standards for chemicals set at EU level:

- 33 priority substances Directive

2008/105/EC

- 8 other substances previously regulated

76/464/EEC codified 2006/11/EC

HIGHHIGH

GOODGOOD

MODERATEMODERATE

POORPOOR

BADBAD

ClassesNo or

minimal{

Slight {

Moderate {

Major {

Severe {

Non

-det

erio

ratio

n

Res

tora

tion

Courtesy Peter Pollard, Scottish Environment Protection Agency

IntercalibrationExercise:Commission Decision 2008/915/EC:Harmonised understanding of good ecological status consistent with definitions in Annex V

Ecological Status


Heavily Modified Water BodiesArtificial Water Bodies

• Heavily Modified Water Bodies– Designation is possible if modification fulfils certain criteria (art 4.3)

– Default is restoration

– Examples: dams, flood protection embankments, ports

• Artificial Water Bodies– A water body created by man where there was none

– Examples: some channels, storage basins

• Objectives for HMWB and AWB– Good chemical status

– Good ecological potential: the best that can be done that is technically feasible, does not significantly interfere with the use and is not disproportionately costly

• Non action is not an option!

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Heavily modified ! But with high ecological value


Additional objectives for Protected areas

• Protected areas (art. 6, Annex IV) and their additional objectives (art. 4.1c) have to be explicitly identified in the river basin management plans

• Areas for abstraction of drinking water– Set additional standards to ensure that under the treatment applied, the drinking

water complies with Directive 98/83/EC

• Areas for the protection of economically significant species– Shellfish waters: standards of Directive 79/923/EEC (codified 2006/113/EC)

• Bathing waters– Standards of Directives 76/160/EEC and 2006/7/EC

• Nutrient sensitive areas (91/271/EEC, 91/676/EEC)– More stringent treatment, nitrate control measures

• Areas designated for the protection of habitats or species where the maintenance or improvement of the status of water is an important factor in their protection, including relevant Natura 2000 sites

– Additional standards to ensure achievement of favourable conservation status of the protected habitats and species

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� The objectives for aquatic protected areas are integrated into the classification of waters

� Legal obligation to implement measures where necessary

� Example� Natura 2000 sites for the conservation of

Freshwater Pearl Mussel populations

Example Ireland:Integrating protected area objectives


Workshop on links between WFD and nature legislation

• 17-18 June 2010 in Brussels• Frequently Asked Questions paper prepared by

European Commission DG Environment• Case studies collected in a background document

– Defining water needs for protected habitats and species– Restoration of flood plains– Integrated planning and management– ...

• Documents and presentations available athttp://circa.europa.eu/Public/irc/env/wfd/library?l=/framework_directive/implementation_c

onventio/biodiversity_legislation

18


Exemptions – general 1

• Art 4.4: the extension of the deadline (good status must be achieved by 2021 or 2027)

• Art 4.5: the achievement of less stringent objectives under certain conditions

• Art 4.6: the temporary deterioration of the status in case of natural causes or "force majeur“ – severe floods, prolonged droughts, accidents

• Art 4.7: new projects/modifications to the physical characteristics of a surface water body or alterations to the level of bodies of groundwater, or failure to prevent status deterioration of a body of surface water



For all exemptions: • When applied, strict conditions have to be met and a justification has to be included in the RBMP

• Paragraphs 8 and 9 of Article 4 introduce two principles applicable to all exemptions: – exemptions for one water body must not permanently exclude or compromise achievement of the environmental objectives in other water bodies

– at least the same level of protection must be achieved as provided for by existing Community law (including those elements to be repealed)



• Four years (!) discussion of application of exemptions by EU Water Directors

• CIS guidance document nr 20 on Exemptions to the Environmental Objectives(http://circa.europa.eu/Public/irc/env/wfd/library?l=/framework_directive/guidance_documents/documentn20_mars09pdf/_EN_1.0_&a=i)

• ‘Exemptions are an integral part of objective setting, butshould not be the rule.’

• Draft plans (114) – surface water bodies:

Extension of deadlines

Less stringent objective Temporary

derogation (floods, droughts)

New modifications


Exemptions – Art 4.7

• New modification leading to a status deterioration are allowed under the following conditions:

– All practicable mitigation measures are taken

– The project and the reasons for it are reported in RBMP and hence subject to public consultation

– The benefits of the development outweigh the benefits of achieving the WFD objectives / the development is of overriding public interest

– There are no significant better environmental options

• Clear link to Habitats Directive Article 6.3/6.4



What do we expect (1) - assessment of impacts

–Based on WFD quality elements (including biology: phytoplankton; other aquatic flora; macroinvertebrates; fish)

–On other relevant water bodies–Are there cumulative effects?

–Use WFD monitoring data



What do we expect (2) - alternatives– Assessment in the early stages of development– Assessment at the appropriate geographical level (national, RBD)

– Should go hand in hand with obtaining a clear view of the beneficial objectives provided by the modification – iterative process

– Could involve alternative locations, different scales or designs of development, or alternative processes.

• Navigation: other type of measures, other operation• Hydropower: upgrading existing plants, stretches with less impacts

• Flood protection: restoration of flood plains

– Clear synergies with SEA

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Guidance and case studies

Reconnection of floodplains/oxbows in the Rhine RBD – the Netherlands

Removal of a bank reinforcement of the Lower Rhine - Germany

• Guidance on application of exemptions

• Guidance on pressures from navigation, hydropower, flood protection

See Circa webpages: http://circa.europa.eu/Public/irc/env/wfd/library?l=/framework_directive/thematic_documents/hydromorphology&vm=detailed&sb=Titleand

• Joint statement on development of inland navigation and environmental protection in the Danube River Basin

(www.icpdr.org)

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Summary: what does the WFD bring?

� Improved governance� Working together for sustainable water management

� Integrated river basin management� Transparent decision making to balance environmental

protection and economic development � Technical challenges

� Comprehensive assessment of water environment and socio-economic needs

� Programme of measures� Abandoning unsustainable practices and restoring damage� Improving the environment in the most cost-effective way

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Expectations of the Commission

� Transparent decision making � Supported by an active public and stakeholder invol vement� Based on a sound technical basis to inform decision s� International cooperation

� Not everything can be done before 2015 but...� Most of it ! – High level of ambition� Programme of measures showing determination to aban don

unsustainable practices and end with long-lasting w ater problems (overexploitation, diffuse pollution, eutr ophication, hydromorphological impacts...)

� Credible measures supported by clear financial comm itments and assignment of responsibilities

� Integration of sectoral policies and existing direct ives


River basin management in a changing climate

• Guidance document adopted in 2009 by EU water Directors,

• Addresses : – Developing strategies that build adaptive

capacity for managing climate risks

– Handling scientific knowledge and uncertainties about climate change

– Integrating adaptation within key steps of River Basin Management Planning

– Specific issues relating to flood risk

– Specific issues relating to water scarcity

• Focus on 2nd WFD cycle, 1st FD cycle

• All guidance available athttp://circa.europa.eu/Public/irc/env/wfd/library?l

=/framework_directive/guidance_documents


Guiding principles

• Principle 1: Assessing direct and indirect climate pressures. • Principle 2: Detecting climate change signals. • Principle 3: Monitoring change at reference sites. • Principle 4: Setting objectives. • Principle 5: Forecasting the economics of water sup ply and

demand. • Principle 6: Checking the effectiveness of measures . • Principle 7: Favouring robust adaptation measures. • Principle 8: Maximise cross-sectoral benefits and mi nimise

negative effects across sectors. • Principle 9: Apply WFD Article 4.7. • Principle 10: Flood risk management • Principle 11: Drought management and water scarcity


The Floods Directive

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What is the Floods Directive ?

© S. Grieg, Scottish Government.

• Legal framework for integrated water management including flood risk management.

• Coordination other acts, mainly Directive 2000/60/EC(Water Framework Directive), including cyclical implementation.

• Integration, covers many sectors. Land use, civil protection, dam management, strategic and environmental impact assessments, nature legislation, public consultation.

• Coordination across the river basin, including requirements for transboundarycoordination !

• Legal framework for integrated water management including flood risk management.

• Coordination other acts, mainly Directive 2000/60/EC(Water Framework Directive), including cyclical implementation.

• Integration, covers many sectors. Land use, civil protection, dam management, strategic and environmental impact assessments, nature legislation, public consultation.

• Coordination across the river basin, including requirements for transboundarycoordination !

Country 1

Country 2

Country 3

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• Addressing diversity of flood events across Europe, such as river floods vs. Mediterranean flash floods

• Flexibility for planning and action at local / regional / sub-basin level whilst ensuring cooperation/coordination across the basin

Key underlying principles

• Building on experience, planning and programmes already in place; using existing cooperation structures such as river basin agreements and civil protection plans

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Three stage approach

• Preliminary flood risk assessment (maps, experience from past floods, predictions of future floods, identification areas of potential significant flood risk)

• Flood mapping (= knowing areas at risk of flooding, different scenarios, flood hazard maps & flood risk maps),

• Flood Risk Management Plans(= plans to reduce flood risks, covering all elements of the flood risk management cycle)

26.11.2009 (Transposition)26.05.2010 (CA/Unit of management)

22.12.2011 2018

22.12.2013 * 2019

22.12.2015 ** 2021

Review /update every 6 years thereafterReporting to the Commission : 3 months after * = date of 1st review of pressure and impact analysis under the WFD** = date of 1st review of WFD river basin management plans

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Catchment flood risk management (1)

Slide used with courtsey of S. Grieg, Scottish Government.

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Catchment flood risk management (2)

Slide used with courtsey of S. Grieg, Scottish Government.

• This approach needs extensive engagement of stakeholders across the catchment, form local authorities, the public, land owners, industries etc

• A sound information base on all impacts, costs

• A shared vision and understanding of goals !

• The Floods Directive sets the legal requirement to coordinate at the level of the River Basin Districts (or Unit of Management).

• Work with nature - “win-win-win”measures.

• This approach needs extensive engagement of stakeholders across the catchment, form local authorities, the public, land owners, industries etc

• A sound information base on all impacts, costs

• A shared vision and understanding of goals !

• The Floods Directive sets the legal requirement to coordinate at the level of the River Basin Districts (or Unit of Management).

• Work with nature - “win-win-win”measures.

Country 1

Country 2

Country 3


Same place – new consequences- regular review of the implementation cycle

•

View from Rudsberget (Karlstad, Sweden) in 1916 and 2007(Courtsey pictures: Karlstad Kommun)

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Floods risk and measures

• Significant costs of implementation, but also very significant cost of floods!

• Flooding problems expected to change and increase over time with climate change impacts.

• Flexibility to Member States to set objectives and design measures, but target to reduce flood risk.

• Significant costs of implementation, but also very significant cost of floods!

• Flooding problems expected to change and increase over time with climate change impacts.

• Flexibility to Member States to set objectives and design measures, but target to reduce flood risk.

Floodsite, HR Wallingford.

Dresden © IOER

Comune di Malborghetto-Valbruna, Italia: “Alluvione: cinque anni dopo”

BeeldbankVenW.nl, Rijkswaterstaat



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Scope

• Assessment and management of flood risks, aiming at the reduction of the adverse consequences

• Flood is defined as : water covering areas of land not normally covered by water

• All types of floods – rivers, lakes, urban areas, coastal flooding, sewerage floods, ground water floods…

• …however floods from sewerage systems can be excluded.

• Flood risk includes damage to human health, economic activity, cultural heritage and the environment.

• All of the territory of the EU – national as well as trans-boundary river basins

• Co-ordination encouraged with third countries

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“New” concepts

• Integrated river basin management approach

• Upstream-downstream solidarity

• Coordination: across borders + national level

• Coordination with Water Framework Directive – and other relevant legislation (accidents, strategic impact assessment, nature protection, major industrial installations...etc) –Framework Directive

• Public participation

• Non-structural measures

• Sustainable land use practices

• Cyclical implementation– 6 year cycles - Long term planning ?

• Climate change adaptation

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Administrative arrangements (art 3 )

• Unit of management : – Water Framework Directive River Basin Districts– Individual river basins (“Swedish exemption”)– Coastal areas different delineation

• Competent authority : – Water Framework Directive River Basin Districts– Alternative competent authorities, but coordination must be

ensured.

• Deadline for establishment :– 26.5.2010 (30 months after the entry into force of the Directive)

River basin (from source to estuary for river floods) OR separately managed

coastal area

Clarity who does what –legally clear (inter) institutional relation-ships

One or many core Competent Authorities –coordination ...

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Preliminary Flood Risk Assessment (art 4 – 5)

Past floods Potentialadverse

consequences

Areas of Potential Significant Flood Risk

SignificanceLong term developments, position of populated

areas, climate change, effectiveness of man-made flood defence infrastructure…

Purpose : identify areas with potential significant flood risk , i.e. deselect areas where no further action is required or where the risk is acceptably low

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Flood hazard and risk maps (art 6)

3. Flood hazard maps shall cover the geographical areas which could be flooded according to the following scenarios:

(a) floods with a low probability , or extreme events scenarios ;

(b) floods with a medium probability(likely return period ≥ 100 years);

(c) floods with a high probability , where appropriate.

4. For each scenario referred to in paragraph 3 the following elements shall be shown:(a) the flood extent ;(b) water depths or water level,as appropriate;(c) where appropriate, the flow velocity or the relevant water flow.

5. Flood risk maps shall show the potential adverse consequences associated with flood scenarios referred to in paragraph 3 and expressed in terms of the following:

(a) the indicative number of inhabitants potentially affected;

(b) type of economic activity of the area potentially affected;

(c) installations as referred to in Annex I to Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (1) which might cause accidental pollution in case of flooding and potentially affected protected areas identified in Annex IV(1)(i), (iii) and (v) to Directive 2000/60/EC;

(d) other information which the Member State considers useful such as the indication of areas where floods with a high content of transported sediments and debris floods can occur and information on other significant sources of pollution.

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Flood risk maps – example(Innsbruck, AT - Atlas of Flood maps)

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Flood risk management plans (art 7) – part 1

• Member States shall establish :– appropriate objectives for the

management of flood risks and – include measures for achieving those

objectives …• focusing on the

– reduction of potential adverse consequences of flooding … and, if considered appropriate,

– on non-structural initiatives – and/or on the reduction of the likelihood of

flooding.• shall address all aspects of flood risk

management focusing on – prevention, – protection, – preparedness, including flood forecasts

and early warning systems

Framework Directive : Certain subsidiarity in setting of objectives and choice of measures, but aim shall be to reduce flood damage and flood hazard.

Coordination at the level of the RBD/UoMimportant.

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Flood risk management plans (art 7) – part 2

• shall take into account relevant aspects such as :

– costs and benefits, – areas which have the potential to retain flood

water, such as flood plains,– the environmental objectives of Article 4 of

Directive 2000/60/EC, nature conservation and water management,

– Soil, spatial planning and land use,– navigation and port infrastructure.

• may also include the promotion of :– sustainable land use practices, – improvement of water retention – the controlled flooding of certain areas in the

case of a flood event.

Strong emphasis on spatial planning and the sustainable use of flood plains which is central to reduce flood risk.

No specific spatial planning restrictions prescribed, for Member States to design. Good examples in MS of restricting activities in flood plains.

The link to WFD objectives also includes a link to protected areas under nature legislation !

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Coordination (art 8 and 9)

Article 8 : Coordination in the river basin districts

• National, shared between Eu member States and shared with third countries.

• If coordination fails – “conflict resolution mechanism”.

Article 9 : Coordination and synchronisation with the WFD, not integration

• Flood hazard and risk maps = characterisation of the RBD (Art 5)

• Flood risk management plans = River basin management plans (Art 13)

• Public participation for the FRMP

Solidarity principle is included in the act – may not increase on flood risk to MS downstream without “prior consent”.

The Commission expects some flood risk related measures to be included in the first River Basin Management Plans !

For the 2nd RBMP/1st FRMP the plans can be integrated in the same document, or separate, BUT they must be coordinated in their preparation and consultation !

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Public information, consultation, reporting (art 9, 10, 15)

• Three main products shall be made available to the public & be made available to the Commission (WISE !!)

• Public participation for the plans shall be coordinated as appropriate with the WFD– Timetable for consultation (22.12.2012)– Main issues (22.12.2013)– Draft FRMP for consultation (22.12.2014)

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Working with nature – non-structural measures

• Restoration of flood plains bring multiple benefits: – flood protection

– biodiversity

– water retention – water quality improvement

– groundwater recharge

– carbon sink

• Barriers– Administrative

– Technical– Financial

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Working with nature – non-structural measures

http://www.ruimtevoorderivier.nl/files/Files/brochures/EMAB%20PBK%20Engels.pdf

http://www.iksr.org/fileadmin/user_upload/Dokumente_en/rz_iksr_engl.pdf

http://circa.europa.eu/Public/irc/env/wfd/library?l=/framework_directive/floods_programme/information_exchange/documents_information/management_15-16102009&vm=detailed&sb=Title

http://www.floods.org/PDF/Intl_BestPractices_EU_2004.pdf

http://www.ecrr.org/publication/floodrisk_doc5.pdf

http://water.eionet.europa.eu/ETC_Reports/Good_practice_report_final_ETC.pdf

http://www.teebweb.org/InformationMaterial/TEEBReports/tabid/1278/language/fr-FR/Default.aspx


Transposition Checklists


This presentation :

• Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of wate r policy (the Water Framework Directive)– Directive 2006/118/EC on groundwater– Directive 2008/105/EC on environmental quality sta ndards

• Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks (the Floods Directive )

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Transposition Checklist

• Dual purpose : • Harmonised assessment across all Member States.• Clarifies COM interpretation of articles and what

needs to be transposed to Member States• Disclaimer ! Informal view Commission services at this

point in time. Interpretation may change…• Written consultation rounds in WG F, transparency of

comments received, - and intensive discussions at meeting.

• To be used in conformity checking by consultants doing Conformity studies and desk officers infringement units when preparing cases (if any).

• Pointers to implementation process, to avoid restriction of scope and application of the Directive.

• Dual purpose : • Harmonised assessment across all Member States.• Clarifies COM interpretation of articles and what

needs to be transposed to Member States• Disclaimer ! Informal view Commission services at this

point in time. Interpretation may change…• Written consultation rounds in WG F, transparency of

comments received, - and intensive discussions at meeting.

• To be used in conformity checking by consultants doing Conformity studies and desk officers infringement units when preparing cases (if any).

• Pointers to implementation process, to avoid restriction of scope and application of the Directive.

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Transposition Checklist

•••

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Transposition Checklist – examples of key discussions so far

• Definition of floods, can any types of floods be excluded from the application of the Directive…discussions on floods from sewerage systems, dam breaks…

• Competencies to be covered by notification by the CA.• Units of management – cannot cut us a river basin.• Transposition or not of “optional” articles• Whether certain lists of requirements are “exhaustive” or

not• Clarification of what is not harmonised “significant flood

risk”• Key principles “solidarity” needs firmly written into

legislation

• Definition of floods, can any types of floods be excluded from the application of the Directive…discussions on floods from sewerage systems, dam breaks…

• Competencies to be covered by notification by the CA.• Units of management – cannot cut us a river basin.• Transposition or not of “optional” articles• Whether certain lists of requirements are “exhaustive” or

not• Clarification of what is not harmonised “significant flood

risk”• Key principles “solidarity” needs firmly written into

legislation

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More informationMore informationhttp://ec.europa.eu/environment/water

[email protected]

Jorge Rodriguez-Romero, WFD Team coordinatorEuropean Commission, DG ENV.D.1

Thank you for your attention !

Water Framework Directive 2000/60/EC Floods Directive 2007 ... · European Water Policy –legal...

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