Supplementary memorandum by the Department
for Environment, Food and Rural Affairs
EC WATER FRAMEWORK DIRECTIVE (2000/60/EC)
1. INTRODUCTION
1.1 This note provides additional information
requested by the EFRA Select Committee on:
— Internal borders in relation to Wales
and Scotland with England and Northern Ireland with the Republic
of Ireland on River Basin Management Plans and accountability;
and
— Defra's administration costs for
the Water Framework Directive.
2. INTERNAL BORDERS
IN RELATION
TO WALES
AND SCOTLAND
WITH ENGLAND,
AND NORTHERN
IRELAND WITH
THE REPUBLIC
OF IRELAND—RIVER
BASIN MANAGEMENT
PLANS AND
ACCOUNTABILITY
Cross-border river basin districts in Great Britain
2.1 Maps of the proposed river basin districts
are included at appendix 5 of the Second Consultation Paper. Four
proposed districts will cross internal borders.
2.2 The Directive allows individual river
basins to be combined to form a "district". In most
cases, the proposed districts will include more than one river
basin. In the case of the Wales-England border, it is proposed
that there should be two cross-border districts: the Severn and
the Dee. In each case these districts will comprise a single river
basin. It follows that a river basin management plan will have
to be prepared for each of these two districts, and a programme
of measures will have to be established.
2.3 As for England-Scotland, two river basins
are proposed which would cross the border: the Tweed basin and
the English part of the river Esk draining into the Solway estuary.
One option being considered is combining these two basin into
one river basin district. A small number of tributaries of the
North Tyne also rise in Scotland before flowing into England.
Since only a small area of the river basin lies in Scotland, it
is proposed that it be combined with a neighbouring basin lying
wholly in England, such as the Tees, into a single river basin
district.
2.4 Arrangements in Northern Ireland are
described in paragraph 2.20-21.
2.5 The environment agencies of the UK (the
Environment Agency, Scottish Environmental Protection Agency (SEPA)
and in Northern Ireland the Environment and Heritage Service)
have a well established track record in joint-working on the Water
Framework Directive as illustrated through the UK Technical Advisory
Group (UKTAG). The Group brings together both the environment
and conservation agencies and was set up to coordinate technical
implementation of the Directive across the UK.
2.6 UKTAG, has for example, developed guidance
for the Community Implementation Strategy and produced a core
text from which the Environment Agency's consultation on the Directive
Guiding Principles on the Technical Requirements was drawn.
England-Wales
Competent authority
2.7 The Second Consultation Paper on the
Implementation of the EC Water Framework Directive confirmed that
the UK Government and the Welsh Assembly Government would designate
the Environment Agency as sole competent authority for the Directive.
2.8 The Environment Agency is a single corporate
body covering England and Wales with offices in both England and
in Wales. Defra sponsors the Agency in respect of its activities
in England and is its lead sponsor. The Welsh Assembly Government
sponsors the Agency in respect of its activities in Wales.
2.9 Whilst in Wales the Agency uses the
working title of Environment Agency Wales, this is not a separate
body. Therefore as a single England and Wales corporate body the
Agency is well placed to manage England-Wales cross-border river
basin districts.
Transposition
2.10 The arrangements for transposition
have yet to be finalised and agreed by Defra and Assembly Government
Ministers. It is, though, intended that the National Assembly
for Wales ("the Assembly") will transpose the Directive
in Wales by means of secondary legislation and be given any additional
powers that are necessary to enable it to do so. Those powers
will be diverse, in the same way that the Directive is itself
diverse, and it is expected that they will reflect the current
devolution settlement. As the Committee will be aware, that settlement
largely devolves powers relating to water quality in Wales to
the National Assembly.
2.11 In the case of cross-border waters
and the implementation of the Community measures, provisions are
already in place to ensure that the efforts of Defra and the Assembly
are coordinated, whilst ensuring that Community measures are properly
given effect. For example, certain regulation making powers of
the Secretary of State in relation to cross-border water bodies
(the Severn or Dee) which are physically in Wales may only be
exercised if the Assembly agrees.
Other powers, for example, to give directions
to the Environment Agency, may be exercised by the Secretary of
State or the Assembly, but the Assembly is required to obtain
the agreement of the Secretary of State where any such directions
would have any effect in England or, in relation to water management
or water pollution aspects, in those parts of Wales which are
within the catchment areas of the rivers Dee, Wye and Severn.
It would be expected that broadly similar arrangements will be
provided for in the transposing regulations, although the precise
balance will depend on the particular power in question and its
relationship to the established devolution settlement. This means
that joint action will continue to be provided for in respect
of the quality of cross-border water bodies and that the allocation
of those powers, and responsibility for their exercise, will be
clear.
2.12 The Secretary of State also holds reserve
powers to ensure that Community obligations are met, and she will
continue to do so (although these powers have never been exercised).
Plan preparation and approval
2.13 New arrangements will be made, also
reflecting the devolution settlement, in respect of river basin
management plans. The second consultation paper proposes that
the Environment Agency will draw up draft river basin management
plans, and that it will encourage the active involvement of interested
parties in, and consult on, draft plans (page 25).
2.14 The Secretary of State in respect of
England and the Assembly in respect of Wales will have an explicit
role in approving plans, including powers to require modifications,
or to reject them. In order to ensure a consistent approach, provision
will be made to enable the Secretary of State in England and the
Assembly in Wales to issue guidance to the Agency on the content
and form of plans, and to determine the procedure for their production.
In order for the Secretary of State and the Assembly to be sure
that the influence of other bodies with relevant functions are
fully reflected in the measures and plans, the regulations (and
guidance under them) will set out which bodies will need to be
involved and which functions need to be taken into account. In
relation to cross-border river basin districts, these powers might
be exercised jointly.
England-Scotland
Competent authorities
2.15 This will be the Environment Agency
as regards England. In respect of Scotland the Water Environment
and Water Services (Scotland) Bill, currently before the Scottish
Parliament, appoints the Scottish Environment Protection Agency
as the lead agency in Scotland.
Transposition
2.16 Defra and the Scottish Executive are
considering options for the legal process for designating the
Tweed and Solway cross-border district(s) and ensuring that the
river basin management plan(s) is produced together with programmes
of measures. Options include the Secretary of State making the
necessary provisions in regulations under section 2(2) of the
European Communities Act 1972, making reference to section 57
of the Scotland Act 1998. Alternatively, an Order might be made
under section 104 of the Scotland Act 1998. Schedule 7 of the
Scotland Act 1998 sets out the procedures to be used.
2.17 In light of the fact that the Scottish
Bill is still under consideration, it is premature to consider
what detailed arrangements will be made. That said, the Scottish
Bill does not provide for the establishment of cross-border river
basins: basins cannot be "split up", and the Scottish
Parliament has no powers outside Scotland. The Secretary of State
will have a role in those areas, then, but such provision will
require careful consideration with the Scottish Executive, once
their Bill is enacted.
2.18 The Government and the Scottish Executive
will consider further what is the best option and proposals on
this issue will be included in the third and final consultation
paper.
Plan preparation and approval
2.19 Although two competent authorities
are involved as opposed to one in England-Wales, the process of
plan preparation and approval is very similar as regards cross-border
river basins with Scotland. There will need to be a river basin
plan or plans which include the two cross-border basins, SEPA
and the Environment Agency will be responsible for drawing them
up as regards Scotland and England and the Scottish Executive
and UK Government will be responsible for their approval and related
issues as regards Scotland and England.
Northern Ireland
2.20 The Directive has specific provisions
(articles 3(3) and 13(1) and (2)) for dealing with river basins
that cover the territory of more than one member state. These
basins must be assigned to international river basin districts.
2.21 Implementation of the Water Framework
Directive in relation to international river basin districts on
the island of Ireland is being actively progressed by the North/South
Working Group on Water Quality (N/S WGWQ) and its North/South
Technical Advisory Group. The N/S WGWQ recently drafted a joint
North/South consultation paper—Managing Our Shared Waters—which
is to be launched soon by the Department of the Environment in
the North and the Department of the Environment and Local Government
in the South. This joint paper proposes the delineation of three
international river basin districts and five river basin districts
(one in the North and four in the South) on the island of Ireland.
It also makes recommendations for the administrative arrangements
necessary to co-ordinate river basin management planning within
the designated international river basin districts.
3. DEFRA'S
ADMINISTRATION COSTS
FOR THE
WATER FRAMEWORK
DIRECTIVE
3.1 There is a range of people working on
implementation of the Water Framework Directive across Defra,
across Government and across the statutory bodies—particularly
the Environment Agency in its proposed role as competent authority,
but also bodies such as English Nature and British Waterways.
3.2 It is difficult to quantify precisely
what proportions of what number of posts contribute to Defra's
administrative costs in implementing the Directive.
3.3 Within Defra one branch of six people
within Water Quality Division directly works on the Directive—a
Grade 7, three HEOs, one EO and a part-time AO. Other work is
covered in this branch (for example on the Fresh Water Fish Directive)
but the bulk of its activity is on the Water Framework Directive
and the Water Framework Directive Community Implementation Strategy.
These direct costs are currently some £160,000 a year, but
do not include accommodation or travel costs. Other direct staff
costs falling to Defra (see below) are of the same order.
3.4 The Director of Defra's Water Directorate
is also involved with work to implement the Directive as UK water
director at twice yearly meetings of water directors of member
states and candidate accession countries which has provided a
focal point for preparation of non-legally binding guidance documents.
In addition, the water director has regular meetings with the
Environment Agency to ensure effective Defra/Agency joint working.
The Divisional Head also has a significant involvement, including
being a member of the Environment Agency's project board for implementation
of the Directive. Other members of the Water Quality Division
also are involved—such as the policy advice provided on
the proposed enabling power to prevent or control diffuse pollution
(one G7 and an HEO) and advice provided in relation to the existing
groundwater protection and priority (hazardous) substances aspects
of the Directive (one G7 and two HEOs) and discharge consenting
policy (one G7 and an HEO).
3.5 Other parts of the Water Directorate
provide policy advice, in particular Water Supply and Regulation
Division which provides advice on abstraction, water metering,
efficient use of water, water pricing and drinking water quality
(at G7 level). Staff in Marine and Waterways Division advise on
issues relating to coastal water and marine monitoring (one SEO).
3.6 Outside of the Water Directorate significant
support is given by Legal (one G7) and by an economist (one G7
and assistant). The European Wildlife Division (one G7) is closely
involved with those aspects of the Directive concerned with biodiversity/wetlands.
Colleagues in other parts of Defra also input where appropriate,
for example, through the cross-cutting review on diffuse water
pollution from agriculture and on flood protection.
3.7 Advice across Government is channelled
through the Inter-Departmental Steering Group, which brings together
the policy leads on issues which affect other Government Departments,
for example, ODPM in relation to planning, Department for Transport
in relation to diffuse urban pollution from transport and DTI
in relation to impacts on key industrial sectors.
Defra
January 2003
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