Water Framework Directive Water for Life and Livelihoods

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1 England and Wales Approach to Implementation UKELA Conference 17th June 2005 Dr Martin Griffiths Environment Agency England and Wales

2 Purpose Prevent deterioration, enhance status of aquatic ecosystems & associated wetlands Promote sustainable water use

3 A Short History of WFD and Integrated River Basin Management French invented it 1860s? Thames Conservators UK Water Resources Act 1963 Catchment approach Set up River Authorities - Thames Conservancy Water Resources Board Water Data Unit - Reading base

4 Integrated Water Management England and Wales Water Act 1973 Regional Water Authorities Water supply and sewage treatment Whole water cycle approach Regulatory functions Water quality Water resources Flood defence River Quality Objectives 1976

5 Privatisation of water Industry England and Wales Water Act 1989 loss of integrated water management regrettable Privatisation of water industry Separation of regulators and regulated National Rivers Authority and Ofwat set up Consolidation of legislation in 1991 Water Resources Act, Water Industry Act Provision for Statutory River Quality Objectives Chemical and Biological RQO systems reviewed

6 The Wider Picture Rio Conference sustainability Habitats Directive adopted 1992 Danube and Rhine Commissions EA Environment Act 1995 NRA abolished Environment Agency set up Integrated river management retained AMP Water Industry Planning 2000 to 2005 Reaffirmed River Quality Objectives

7 Negotiation Derived from fated Ecological Directive (proposed 1988) Commission Proposal 1995 Grant Lawrence Consultative approach to its development James Hunt and other Agency experts had major input. Green NGOs very influential Industry relatively quiet Anglo-German initiatives key to its agreement Adopted by Parliament and Council 2000

8 Timetable Dec 2000 Dec 2003 Dec 2004 Dec 2006 Dec 2009 Dec 2012 Dec 2015 Directive entered into force Transposition Characterise basins Publish plan for producing RBMPs Establish programme of measures Programme of measures operational Objectives met?? 3 years to prepare 6 years to analyse issues and prepare plan 3 years to put in place schemes 3 years to achieve outputs

9 STATUTORY INSTRUMENTS 2003 No Regulations are in force in England and Wales The Environment Agency is the Competent Authority Separate regulations for cross border Solway - Tweed District WATER RESOURCES, ENGLAND AND WALES The Water Environment (Water Framework Directive) (England and Wales) Regulations 2003 Made th December 2003 Laid before Parliament 11th December 2003 Coming into force - - 2nd January 2004 The Secretary of State and the National Assembly for Wales, acting respectively in relation to river basin districts that are wholly in England and river basin districts that are wholly in Wales( a ), and jointly in relation to river basin districts that are partly in England and partly in Wales, being designated( b ) for the purposes of section 2(2) of the European Communities Act 1972( c ) in relation to matters relating to water resources, in exercise of the powers conferred upon them by that section, hereby m ake the following Regulations: Title, commencement, extent and application 1. These Regulations (a) may be cited as the Water Environment (W ater Framework Directive) (England and Wales) Regulations 2003 and shall come into force on 2nd January 2004; (b) extend to England and Wales; and (c) apply only in relation to river basins districts identified by regulation Error! Reference source not found. (d ). Interpretation 2. (1) In these Regulations the Agency means the Environment Agency; the appropriate authority means (a) in relation to a river basin district that is wholly in England, the Secretary of State; (b) in relation to a river basin district that is wholly in W ales, the Assembly; and (c) in relation to a river basin district that is partly in England and partly in W ales, the Secretary of State and the Assembly acting jointly; the Assembly means the National Assembly for Wales; body of water means a body of groundwater or a body of surface water; (a ) The t erms river basin district, England and Wales have the same meaning for this purpose as in the Regulations, and are defined in regulation 2(1). (b ) S.I. 2003/2901. (c ) 1972 c. 68. (d ) The river basin districts identified by regulation 4(1) do not incl ude any that are partly in England and partly in Scotland.

10 Ministerial Statement WFD To accompany the Regulations in England and Wales Sets the context and further timetable Commitments in 2004 Consult on measures and regulations to tackle diffuse pollution Complete 1st phase of characterisation Economic analysis Agency consults on River Basin Planning Assess need to include other bodies Assess adequacy of hydromorphological powers Complete register of protected areas Progress Daughter Directives

11 Ministerial Statement WFD Commitments in 2005 Consultation on and issue of River Basin Planning Guidance to Agency Agency launches strategy including Public Consultation and administrative structures Refine Characterisation Commitments in 2006 Defra consults and implements Water Status Classification Regulations

12 UK Technical Advisory Group UKTAG is a technical agency group: Produce UK-wide technical guidance on the Directive to the UK administrations. Provide advice on technical implementation issues. Liaise with other Member States technical groups and take account of interpretation being developed across Europe Establish a supporting technical network (e.g. Groundwater Forum, National Marine Monitoring Management Group, Interagency Freshwater Group). Support undertaking R&D on short-medium term priorities that support WFD implementation

13 River Basin Building Blocks UK

14 Common Technical standards for UK Surface water objectives - A reference based system - Aim to achieve Good Quality ECOLOGICAL STATUS HIGH GOOD MODERATE POOR Prevent deterioration Restore Difficult to explain concepts and terminology BAD

15 Management Cycle Describe basin River Basin Planning Assessment units and Baseline Risk Assessment Review Monitoring (Surveillance & Operational) Stakeholder participation Water bodies at risk =River Basin Management Programme of Measures Implementation PoM & Objectives Programme of Measures Options Appraisals

16 Public participation in the Water Framework Directive supply of information consultation active involvement

17 Programme of measures Programme of measures - set out within RBMP - sets out the plan of how to meet WFD Environmental Objectives Basic measures - obligatory - existing EU Legislation - controls on main pressures Supplementary measures - optional - non-exhaustive list of measures - projects, initiatives, codes of practice

18 Fundamental Pressures and management opportunities Physical Habitat Water Quality Flow Regime

19 Present Water Framework Directive in terms of Modern Regulation Identify Assess outcomes risk Monitor and report Assess Choose pressures tools Implement Check and measures enforce

20 EA Risk Category UK-TAG Risk Category EU Risk Category Pressures and impacts Analysis At Risk Probably At Risk At Significant Risk Probably at Significant Risk but for which further information is needed to support this view At Risk Reporting risk of failing WFD objectives Probably Not At Risk Not At Risk Not at Significant Risk on the basis of available information (confidence in the available information is low) Not at Significant Risk on the basis of available information (confidence in the available information is high) Not at Risk

21 Rivers Point Source Pollution Well regulated and understood sector Pressures from sewage works, PPC installations and landfill committed water industry investment will provide improvement Additional improvement will be required by water industry from 2010 Especially relating to phosphates and nitrates

22 Agriculture Diffuse Pollution Long time scale to deliver improvements No clear vehicle or funding Catchment Sensitive Farming/ PBR statement is not promising early action for change Not enough money to incentivise change -further CAP reform required

23 Urban Diffuse Pollution Early assessment but important to open dialogue Key area for partnership approaches with Local Authorities Strategic urban drainage planning Some best practice initiatives SMURF with Birmingham City Council Sustainable Urban Drainage Initiatives Greater Innovation required

24 Mines and Minewaters Both coal and metaliferous mines - mostly disused, some for centuries Key issue in some sensitive areas Unpredictable break out Limited regulatory tools Seek Partnership with UK Coal Authority

25 Water Resources (rivers) Developed from existing Catchment Abstraction Management (CAMS) Programme Consistent with long term water resource planning approach Focuses on water for human consumption More work to reflect pressures on Ecology Links to Water Act review programme

26 Rivers Morphology First attempt at such an assessment Uses flood defence asset database, Rivers Habitat Survey data and GIS search info. Precursor to Heavily Modified Designation Reflects scale of human impact on river shape A driver for innovation in Flood Management

27 A Powerful Vehicle for Change The Water Framework Directive is one of the key opportunities for structured change in our management and improvement of the water and land environment. We should take this opportunity...

28 Additional Information Agency internet website Briefing Notes also available

Dr Martin Griffiths 16 February 2016

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