First approach to the Water Framework Directive.

1
First approach to the Water Framework Directive.
2
Why a new framework for European water policy?

• 1988 concern about common legislation is needed.
• 1995 proposal for a new Directive.
• 2000 Directive 2000/60. Sustainable model
  (implementation of the WFD)
• Water is a scarce resource and environmental
  questions have to be consider as a priority
  environmental impact assessment, pollution
  control, ecological flows, etc.
• This model implies a water demands control
  system.

Integrative approach Inefficiency sectorial
legislations Fragmetation feeling New water
policy
Environmental new philosophy integrity,
multidisciplinary, coordination. Unsuccesful
application, overlap and legal holes.
3
Water management models (I). Evolution.

• Traditional offer model
• 1) Water as a non scarce resource.
• a) Therefore water must be used, and if it is
  necessary, we must transforms nature to do it.
  Environmental issues are not considered as
  important.
• b) For many decades this system has provoked an
  absolute ineffectiveness consumption water
  rights.
• 2) The relation between the former legitimating
  rights to use water and public works. Spain is
  the country with more dams per inhabitant in
  hole the world.
• 3) A model what got its objectives in the middle
  20th century, but
• a) Drinking water the priority of human
  consumption (but nowadays Spaniards consume more
  water than any other european population)
• b) Agriculture (paradox irrigation consumes
  80 of water, but only represents 1.5 of
  spanish economy)
• c) Power generation (paradox nowadays we can
  not base our energy generation industry on a
  scarcer resource in advanced).

4
Water management models (II) present and
future.

• Demand model
• 1) Water is a scarce resource and environmental
  problems are considered (environmental impact
  assessment in public works and permissions).
  Changes begun when Spain became an EU member.
• 2) This model obliges to redistribute the
  resources previously conceded trying to reach
  effectiveness in the consumption and use of
  water.
• 3) Remaining WFDs objectives and some
  environmental problems economical effectiveness
  vs. environmental protection.
• Sustainable model (implementation of the WFD)
• 1) Water is a scarce resource and environmental
  questions have to be consider as a priority, even
  pollution control, ecological flows, etc.
• 2) This model implies a water demands control
  system.
• 3) Spain is implementing the WFD in time,
  although the process can be criticized a) Doubts
  about the real meaning of the WFD the approach
  has not been all the intense that could be
  expected b) Disconnection between legal system
  and administrative practice new demands in those
  territories where water is scarcer.

5
DIRECTIVE 2000/60 establishing a framework for
Community action in the field of water policy.

• Why the WFD is a framework Directive? The
  evolution of european environmental norms towards
  the fulfillment of the 30th ECT Protocol on the
  application of the principles of subsidiarity and
  proportionality.
• Directives versus Regulations on the ECT the
  early 70s and 80s environmental Directives were
  very close to the Regulations.
• Redirecting environmental Directives towards
  their original sense (30th Protocol ECT)
• The form of Community action shall be as simple
  as possible, consistent with satisfactory
  achievement of the objective of the measure and
  the need for effective enforcement. The Community
  shall legislate only to the extent necessary.
  Other things being equal, Directives should be
  preferred to Regulations and framework Directives
  to detailed measures. Directives as provided for
  in Article 189 of the Treaty, while binding upon
  each Member State to which they are addressed as
  to the result to be achieved, shall leave to the
  national authorities the choice of form and
  methods.
• Is the WFD really a framework Directive? Does not
  the WFD contain detailed measures?

6
The WFD sets out a clear deadlines for each of
the requirements which adds up to an ambitious
overall timetable. 
Year Issue Reference
2000 Directive entered into force Art. 25
2003 Transposition in national legislation Identification of River Basin Districts and Authorities Art. 23 Art. 3
2004 Characterisation of river basin pressures, impacts and economic analysis Art. 5
2006 Establishment of monitoring network Start public consultation (at the latest) Art. 8 Art. 14
2008 Present draft river basin management plan Art. 13
2009 Finalise river basin management plan including progamme of measures Art. 13 11
2010 Introduce pricing policies Art. 9
2012 Make operational programmes of measures Art. 11
2015 Meet environmental objectives Art. 4
2021 First management cycle ends Art. 4 13
2027 Second management cycle ends, final deadline for meeting objectives Art. 4 13
7
Apart from the Protocol, why was reasonable to
approve a framework Directive?

• Community water policy requires a transparent,
  effective and coherent legislative framework, and
  the WFD provide common principles and the overall
  framework for action.
• This Directive provide for such a framework and
  coordinate and integrate the basis for protection
  and sustainable use of water
• The important differences between the member
  States water Law.
• The obvious differences between the hydrological,
  climatic and water problems of each member
  States.
• In a EU with 27 member States, is it possible to
  develop the common harmonization for water
  protection based on a different kind of norm?
• Art. 191.2 EUT Community policy on the
  environment shall aim at a high level of
  protection taking into account the diversity of
  situations in the various regions of the
  Community.
• Art. 191.3 EUT In preparing its policy on the
  environment, the Community shall take account of
  environmental conditions in the various regions
  of the Community.
• The WFD is a good example about what is happening
  in other subjects proposals for Directives
  establishing a framework for the protection of
  soil.

8
Towards an integrated approach.

• The WFD, as the rest of the new environmental
  Directives, focuses ist efforts in an integrated
  approach, where the protection is not referred to
  a single natural resource, but a global point of
  view.
• In order to fulfill with this approach, the WFD
  assumes a huge scope inland waters in general
  (water bodies surface waters, groundwaters) and
  marine waters (water bodies coastal and
  transitional waters), and also associated
  ecosystems (protected areas). It is no important
  whether those water bodies are considered as
  public domain or private property by the national
  Law.
• The former water Directives had a sectorial point
  of view some kinds of polutants, some kinds of
  waters, without connection with other norms.
• The WFD is the common base (the mother
  Directive) to the rest water Directives in order
  nowadays, and gives a global and integrated sense
  to the european water policy, connecting its
  environmental objectives with other environmental
  Direcives (IPPC Directive and emmission control,
  waste Directive and groundwaters, Proposal for
  soil Directive and groundwaters, etc.).
• The WFD incorporates the hydrological cycle to
  its field of action, including environmental
  objectives for protected areas and associated
  ecosystems (riversides).
• Can we say seriously that the WFD is only a water
  quality Directive? Is the WFD a European Water
  Law that regulate and modify the national water
  Law of each country?
• Other examples the large number of european
• norms approved to carrry out with the Kyoto
  Protocol,
• the IPPC Directive, the Directive on waste or
  the new
• proposal for Directive for the protection of
  soil.

9
A good example in Spain.

• Environment Minister program of riverbeds and
  riversides restoration.

10
Hydrological cycle and juridical consequences.
Water bodies definition, characterisation and
objectives.

• Environmental objectives the good ecological
  status objectives are determined for each type of
  water body (rivers, lakes, groundwaters, coastal
  and transitional waters).
• To get those objectives, membes States have to
  identified every water body and establish
  specific objectives to each one.

11
Surface waters delimitation criteria.
Example surface water delimitation in Júcar
river basin (Spain).
Clasification of pressures.
Final identification.
12
(No Transcript)
13
(No Transcript)
14
(No Transcript)
15
Artificial and heavily modified water bodies.

• Member States shall protect and enhance all
  artificial and heavily modified bodies of water,
  with the aim of achieving good ecological
  potential and good surface water chemical status.
• Artificial water body a body of surface water
  created by human activity.
• Heavily modified water body a body of surface
  water which as a result of physical alterations
  by human activity is substantially changed in
  character.

16
(No Transcript)
17
(No Transcript)
18
The environmental objectives affect both quality
and quantitative aspects.

• For the purposes of environmental protection,
  there is a need for a greater integration of
  qualitative and quantitative aspects of both
  surface waters and groundwaters, taking into
  account the natural flow conditions of water
  within the hydrological cycle.
• The special importance of quantitative aspects in
  relation with groundwaters the quantitative
  status of a body of groundwater may have an
  impact on the ecological quality of surface
  waters and terrestrial ecosystems associated with
  that groundwater body.
• It is supposed that the WFD should be implemented
  in a homogeneous way the common implementation
  strategy.
• If the WFD affects quantitative aspects, does it
  mean The Directive affects to the water
  management?

19
Quantitative aspects, water management and ECTs
legal basis of WFD.

• According to the legal basis of the WFD, one
  could say that it is an environmental norm
  however, according to its contents, it is much
  more than this and the real affection in member
  States water policy is important. Towards a
  sustainable water management system.
• The european environmental policy was based on
  the art. 175.1 ECT codecision procedure.
• Art. 175.1 ECT The Council, acting in
  accordance with the procedure referred to in
  article 251 and after consulting the Economic and
  Social Committee and the Committee of the
  Regions, shall decide what action is to be taken
  by the Community in order to achieve the
  objectives referred to in article 174.
• The WFD was approved based on that article, so is
  it a water quality norm or a environmental norm
  that affects to water management?
• Differences between 1st and 2nd paragraph of art.
  175 ECT
• Art. 175.2 ECTT By way of derogation from the
  decision-making procedure provided for in
  paragraph 1 and without prejudice to Article 95,
  the Council, acting unanimously on a proposal
  from the Commission and after consulting the
  European Parliament, the Economic and Social
  Committee and the Committee of the Regions, shall
  adopt () (b) measures affecting ()
  quantitative management of water resources or
  affecting, directly or indirectly, the
  availability of those resources.

20
Groundwaters and quantitative aspects.
Good groundwater status the status achieved by
a groundwater body when both its quantitative
status and its chemical status are at least
good. Quantitative status an expression of the
degree to which a body of groundwater is affected
by direct and indirect abstractions.
21
Ecological flows.
The very important transcendence of this question
in Southern Europe fulfillment of ecological
flows (WFDs hydromorfological indicators) in
those countries where scarcity is an inherent
problem in their hydrological systems.
22
(No Transcript)
23
Hydraulic infrastructures.

• Evolution towards a sustainable management model
  involves a change in the point of view have been
  maintained about hydraulic public works so far
• 1) Recycling waste-waters and desalinization.
  New environmental problems for new
  infrastructures power generation deficit and
  discharges.
• 2) Water demand control instead of building new
  infrastructures with huge environmental impacts.
• 3) Dam removal many of small dams are coming
  to the end of their lives. Limits
• a) New artificial ecosystems versus natural
  restoration.
• b) Recovery cost principle.
• c) Protected dams.
• Can the WFD prohibit member States from building
  public hydraulic infraestructures?
• 4) EU Law requirements
• a) Obviously environmental impact assessment.
• b) New objectives of WFD as limits in the
  execution of new projects.
• c) Recovery cost principle.

24
Waste waters treatment.
The Directive 91/271 and the WFD obliges member
States to treat waste waters before discharging
into surface water.
25

• A.G.U.A. Program
• Spain has obtained water from marines water
  since 30 years ago (from 1965, in Lanzarote).
  Nowadays there are more than 700 factories
  working. Equipments can produce more than
  800.000 m3/day (47,1 from coastal waters).
• Foreseen actions in the Mediterranean coast will
  increase the resources produced in 1.100
  Hm3/year. Invesment is higher than 3.900.000.000
  . Next actions have been declared urgent

  Nº de actuaciones Aportación Hm3/año Inversión
C.H. del Sur 17 312 554 mill.
C.H. del Segura 24 336 1.336 mill.
C.H. del Júcar 40 270 798 mill.
C.H. del Ebro y C.I. de Cataluña 24 145 1.110 mill.
26
(No Transcript)
27
Dam removal.
Channels in Doñana National Park
Dam in Trefilerías (Cantabria)
Dam in Butrera (Trema river, Burgos)
Dam in Ladrillar (Cáceres)
28
Combined approach implementation.

• With regard to pollution prevention and control,
  Community water policy should be based on a
  combined approach through the setting of emission
  limit values and of environmental quality
  standards.
• Emission limits values control of pollution at
  source or concentration and/or level of an
  emission, which may not be exceeded.
• Quality standards control of global pollution at
  natural resource which receives the pollution.
• Comparison with former Directives the paralell
  approach.
• Art. 174.2 ECT environmental damage should as
  a priority be rectified at source.
• Was it reliable to mantain a control based on one
  kind of standandars?
• This is also the way others environmental
  Directives go on the IPPC Directive is the best
  example.

29
Towards a higher level of protection.

• Art. 191.2 EUT Community policy on the
  environment shall aim at a high level of
  protection taking into account the diversity of
  situations in the various regions of the
  Community.
• Stand still principle a common clause with a
  relative effectiveness.
• Art. 4.1.a).i) WFD Member States shall
  implement the necessary measures to prevent
  deterioration of the status of all bodies of
  surface water.
• Art. 4.9 WFD Steps must be taken to ensure that
  the application of the new provisions, including
  the application of paragraphs 3, 4, 5, 6 and 7,
  guarantees at least the same level of protection
  as the existing Community legislation.
• Art. 11.6 WFD In implementing measures pursuant
  to paragraph 3, Member States shall take all
  appropriate steps not to increase pollution of
  marine waters. Without prejudice to existing
  legislation, the application of measures taken
  pursuant to paragraph 3 may on no account lead,
  either directly or indirectly to increased
  pollution of surface waters.
• The new Directives have to regulate increasing
  levels of protection. Art. 22.6 WFD For bodies
  of surface water, environmental objectives
  established under the first river basin
  management plan required by this Directive shall,
  as a minimum, give effect to quality standards at
  least as stringent as those required to implement
  Directive 76/464/EEC.
• The use of this principle is common in all the
  european environmental Directives.
• Could be possible to approve a new Directive
  which derogate former norms with not stricter
  level of protection? Would it agree with the
  Treaty?

30
Science and technique dependence.

• The increasing protection implies neccesarily to
  depend on the state of science and technique to
  improve the quality and emission standars.
  Pursuant to art. 174 ECT, in preparing its policy
  on the environment, the Community is to take
  account of available scientific and technical
  data.
• The emission controls based on best available
  techniques (BAT clauses) (art. 10.1 WFD).
• Technical adaptations to the Directive in
  accordance with scientific and technical progress
  (art. 20 WFD).
• All the modern environmental Directives include
  BAT or BATNEEC clauses and technical adaptations
  requirements, apart from remissions to technical
  norms.
• How the science and technique influence changes
  the democratic legitimation of the Government and
  Administration?

31
The use of economic instruments.

• The principle of recovery of the costs of water
  services, including environmental and resource
  costs associated with damage or negative impact
  on the aquatic environment should be taken into
  account in accordance with, in particular, the
  polluter-pays principle.
• Art. 9.1 WFD Member States shall take account
  of the principle of recovery of the costs of
  water services, including environmental and
  resource costs.
• However, the proposal for a framework Directive
  included an obligation much stricter, impossing
  the full recovery costs.
• Water services abstraction, storage, treatment
  and distribution of surface water or
  groundwater, and waste-water collection and
  treatment facilities which subsequently discharge
  into surface water as well.
• Art. 174.2 ECT polluter pay principle vs. user
  pay principle.
• In other environmental Directives is common the
  use of other economic instruments emission
  permits market, voluntary requirements, voluntary
  agreements, etc.
• Does it mean that in advanced the typical
  prescritive norms will be substituited by the
  exclusive use of economic instruments?

32
Recovery cost principle.
33
European Law and a new water management authority
and planning.

• River basin district (RBD)
• River basins.
• Marine waters.
• Protected areas.
• RBD plan and programme of
• measures.
• Competent authorities
• Inner or national RBD.
• International RBD.
• Transeuropean RBD.

34
(No Transcript)
35
GREEN - River Basin Management Plans
adopted.YELLOW - consultations finalized, but
awaiting adoption. RED - consultation have not
started or ongoing.