EU Environmental Legislation and Sediment Transport

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1 EU Environmental Legislation and Sediment Transport Dr. Helmut Blöch International Workshop on Sediment Transport organized by Platform Water Management in the Alps 16 December 2011 Vienna

2 Our waters: diversity of uses, aspirations and impacts Nature protection Agriculture Tourism Flood prevention / protection Industry Drinking water supply Waste management Landwirtschaft Waste water treatment Inland navigation and hydropower

3 EU environmental legislation relevant to quantitative sediment management Water Framework 2000/60/EC; Nature Protection s: Habitats 92/43/EEC, Birds 2009/147/EC; Floods 2007/60/EC. 3

4 Water Framework General objectives Good ecological and good chemical status for surface waters as a rule; good ecological potential and good chemical status for artificial and heavily modified surface waters: article 4(1)(a)(ii); Status defined through biological, chemical and hydromorphological elements; good status/potential derived from type-specific and ecoregion-specific high status No deterioration of status of surface waters (e.g. from high status to good status, or good status to moderate status): article 4(1)(a)(i); The WFD is in substance applicableto all human activities (including those enjoying particular support at national or European level), and Geographically applicable - to all EU Member States; - to 3 EFTA Countries (FL, IS, NO) through the European Economic Area Agreement. 4

5 Water Framework Sediment-related criteria? Sediments in the WFD largely linked to environmental quality standards and thus to sediment quality management; However, where sediment is linked to ecological status, there are certain criteria linked to quantitative sediment management 5

6 Water Framework Sediment-related criteria in Annex V (1): Invertebrae and fish fauna shaped by sediments 6

7 Water Framework Sediment-related criteria in Annex V (2) 7

8 Exemptions from no deterioration? Article 4(7) and 4(8) Limited exemptions are possible, however only ifdefined conditions are complied with: - Deterioration is the result of new sustainable human development activities, and all the following conditions are met: - Reasons for modifications are of overriding public interest and/or benefits to environment and society of achieving the environmental objective are outweighed by the benefits of the modifications to human health, maintenance of human safety or to sustainable development; - Beneficial objectives cannot be achieved by other means which are a significantly better environmental option. - Exemption for one particular water body may not exclude or compromise achievement of WFD objectives in other water bodies, and must be consistent with implementation of other EU environmental legislation. 8

9 Exemptions from no deterioration? Guidance for implementation +++ Common Implementation Strategy for the WFD as an established cooperation process between Commission, Member States, EFTA Countries and Candidate Countries, NGOs and stakeholders); Jointly elaborated guidance documents, inter alia on exemptions; In addition so far two specific workshops dedicated WFD and hydropower, both are comprehensively documented. 9

10 Habitats and Birds The EU legal framework for nature protection(1) Habitats : -Ensuring bio-diversity through the conservation of natural habitats and of wild fauna and flora; -Measures shall be designed to maintain or restore, at favourable conservation status, natural habitats and species of wild fauna and flora of EU-wide interest; -Coherent European ecological network of special areas of conservation set up Natura 2000, with obligation for Member States to designate areas. Birds : -Ensuring protection of birds as listed in annex I; -Measures such as protection areas, management etc. Protection areas are part of Natura 2000 network under the Habitats. 1

11 Floods The EU framework for flood prevention/protection Comparable information for citizens, municipalities, businesses etc; Comparable approaches to flood risk management, in particular based on broad public participation; and Mandatory cooperation / coordination in shared river basins. However, no EU-wide uniform flood protection level: the level of protection is to be defined at local / regional level. In the case of quantitative sediment management measures with impact on the level of flood protection, the flood risk management plans need to be respected or amended (the latter of course involving mandatory broad public consultation). 1

12 Onecoherent management frame for all water-related legislation Drinking Water Seveso Pesticides Legislation Bathing Water Birds Protection WFD objectives and programme of measures IPPC Nitrates Env. Impact Assessment s Habitats Urban Waste Water Floods

13 Rhine river entering Lake Constance. Rhone river entering Lake Geneva. 1

14 Thank you for your attention. This presentation reflects the views of the author and not necessarily those of the European Commission. Graphics: ÖVGW