Memorandum submitted by the Countryside
Council for Wales
Links between the Water Framework Directive and
Nature Conservation.
EXECUTIVE SUMMARY
The links between the Water Framework Directive
(WFD) and nature conservation are extensive. The WFD will use
the status of habitats "hydro-morphological conditions"
and species "biological quality elements" to evaluate
environmental quality.
The WFD requires member states to set environmental
objectives for all surface and ground waters under Article 4 (1a
&1b), or Article 4 (1C) for protected areas (including those
protected areas established under the Habitats and Birds Directives).
Where more than one protected area covers the same water body,
or if the water related objectives of the protected area are different
to those required to prevent deterioration or to reach "good"
status, then Article 4 (2) clearly states that the most stringent
objectives should apply. In effect this means that the environmental
objectives set for protected areas must be compliant with any
water related standards and objectives already identified for
those protected areas. This means that the impacts and pressures
on protected areas will need to be assessed in terms of the risk
of failure to meet those objectives. It also means that the programme
of measures will need to identify measures to ensure compliance
with those environmental objectives that are compliant with those
existing protected area water related standards and objectives.
We therefore recommend that the transposition
of Article 4 (1C) into law clearly states that any environmental
objectives established for protected areas are compliant with
those standards and objectives already established under the community
protected areas legislation.
In view of the clear implications for international
nature conservation obligations described above and in the detail
of the evidence, we are recommending that CCW be made a competent
authority for those issues with implications for our statutory
responsibilities.
To clarify the links and maximise the opportunities
for water dependent habitats and species of international and
national interest, we are also recommending that all the objectives,
monitoring results and management plans for international and
national sites should be drafted into a Nature conservation sub-plan
under the River Basin Management Plan as allowed by Article 13
(5) of the WFD. This will clarify the respective roles of the
Environment and Conservation agencies and be understandable to
a wide range of stakeholders.
INTRODUCTION
1. The Countryside Council for Wales (CCW)
is the statutory advisor to Government on sustaining natural beauty,
wildlife and the opportunity for outdoor enjoyment throughout
Wales and its inshore waters. With English Nature and Scottish
Natural Heritage, CCW delivers its statutory responsibilities
for Great Britain as a whole and internationally, through the
Joint Nature Conservation Committee. We have been asked by the
Welsh Assembly Government to promote sustainable development actively
in all that we do, including our policy advice.
2. CCW believes that the Water Framework
Directive provides an opportunity to dramatically improve management
of the aquatic environment in the UK. It requires the use of ecological
criteria to judge environmental quality. There is also a requirement
to integrate elements of catchment planning, such as abstraction,
discharge and land use into one plan. This will also provide significant
benefits to biodiversity and the environment. The emphasis on
"ecological status" in the WFD means that efforts to
transpose the Directive into law and subsequent work to implement
it are of particular interest to CCW.
The WFD provides significant opportunities to
integrate elements of catchment planning. It is of particular
interest to CCW because it emphasises the use of ecological criteria
to judge environmental quality. CCW is the Government advisor
on the status of Habitats and Species. These will form an essential
component of ecological quality.
3. This evidence describes the linkage between
the Water Framework Directive (WFD) and the two most important
European Nature Conservation Directives (Habitats Directive and
Birds Directive or Natura 2000 sites). This linkage is recognised
in the text of the WFD by the level of obligation towards Natura
2000 sites dependent upon water.
4. The evidence summarises these existing
obligations to water dependent Natura 2000 sites and then describes
how this linkage can be used to the benefit of domestic nature
conservation and biodiversity issues.
5. CCW's statutory responsibility is to
help achieve the Governments obligations and policies for nature
conservation. As such, we have concentrated on the following issues
in our evidence:
Main points of CCW evidence:
— The linkage between the WFD and NatureConservation.
— The existing obligations of the WFD
towards the Habitats and Birds Directives and the significance
of Article 4.
— The opportunities for national nature
conservation (SSSI and BAP) and a mechanism to realise those opportunities.
— The involvement of CCW in the implementation
of the WFD, with respect to nature conservation issue.
— We have made a number of recommendations
in Paragraph 28 based on the points above, but we also wish to
draw the committee's attention to a number of other issues that
we recommend they explore in more detail during their investigations:
Other issues we recommend the committee investigate:
— Links between the WFD and land use
planning.
— Integration of other plans within
River basin Management Planning to prevent plan proliferation.
— Links between land management, agri-environment
incentives and the requirement to control diffuse pollution.
— The extent of duties on other bodies
to draft the River Basin Management Plan and carry out their functions
in accordance with it and the programme of measures?
— Public participation in the River
Basin Management Planning process.
SUMMARY OF
LINKAGE BETWEEN
THE WATER
FRAMEWORK DIRECTIVE
AND NATURE
CONSERVATION.
Links between the WFD and nature conservation:
Ecological status is largely a function of the
status of the natural habitats and species, referred to in the
WFD as "biological quality elements" and "hydro-morphological
conditions"
7. Article 1 of The Water Framework Directive
clearly explains the main purpose behind its drafting. The most
relevant paragraph for nature conservation is Article 1a:
The purpose of this Directive is to establish
a framework for the protection of inland surface waters, transitional
waters, coastal waters and groundwater which:
(a) prevents further deterioration and protects
and enhances the status of aquatic ecosystems and, with regard
to their water needs, terrestrial ecosystems and wetlands directly
depending on the aquatic ecosystems
Article 2 of the Habitats Directive describes
the main aim of this Directive as:
"to contribute towards ensuring biodiversity
through the conservation of natural habitats and of wild fauna
and flora in the European territory of the Member State to which
the treaty applies",
where conservation is defined by the Habitats
Directive as;
"conservation means a series of measures
required to maintain or restore the natural habitats and the populations
of species of wild fauna and flora at a favourable status, as
defined in (e) and (i)"
8. A unique aspect of the Water Framework
Directive, (and one of the reasons it is extremely complex to
implement) is the requirement to evaluate environmental quality
using "ecological status", where ecological status is
defined by Article 2 as "an expression of the quality of
the structure and functioning of aquatic ecosystems associated
with surface waters, classified in accordance with Annex V".
Annex V describes how ecological status is to be classified using
"biological quality elements" (lists of fauna and flora
types) and "hydromorphological conditions", (habitat
conditions). Ecological status is therefore largely a function
the status of the natural habitats and the populations of species
of wild fauna and flora. As Government advisors on maintenance
of species and habitats, CCW has a particular interest in the
transposition and implementation of the WFD.
OBLIGATIONS TOWARDS
NATURA 2000 SITES,
AS REQUIRED
BY THE
WATER FRAMEWORK
DIRECTIVE.
9. In addition to the linkage described
above, the WFD confers specific obligations towards sites protected
for Habitats and Species. It is important to stress that these
requirements do not exceed those required by the source community
legislation. Instead they describe and clarify how the WFD must
take account of and provide a mechanism for, achieving the water
related objectives established for habitats and species protected
areas under the Habitats and Birds Directive. These obligations
only refer to those sites identified for the "conservation
of habitats and species directly depending on water" as described
in Article 6 of the WFD.
The WFD confers extensive obligations towards
water dependent Natura 2000 sites, including the requirement to
set environmental objectives under Article 4 (1C) compliant with
water related requirements of protected areas, (including Natura
2000 habitats and species). We must identify their locations and
map them, undertake an assessment of impacts and pressures (including
diffuse pollution) likely to cause a risk of failure to meet their
objectives, monitor compliance with these objectives, and if needed,
identify a programme of measures to ensure compliance.
ENVIRONMENTAL OBJECTIVES
FOR PROTECTED
AREAS (NATURA
2000 SITES)
10. The WFD requires member states to set
environmental objectives for all surface and ground waters under
Article 4 (1a &1b), or Article 4 (1C) for protected areas
(including those protected areas established under the Habitats
and Birds Directives). Where more than one protected area covers
the same water body, or if the water related objectives of the
protected area are different to those required to prevent deterioration
or to reach "good" status, then Article 4 (2) clearly
states that the most stringent objectives should apply. In effect
this means that the environmental objectives set for protected
areas must be compliant with any water related standards and objectives
already identified for those protected areas.
Article (1C) states:
(c) for Protected Areas
Member States shall achieve compliance with
any standards and objectives at the latest 15 years after the
date of entry into force of this Directive, unless otherwise specified
in the Community legislation under which the individual Protected
Areas have been established.
Article 4 (2) states:
Where more than one of the objectives under
paragraph 1 relates to a given body of water, the most stringent
shall apply
PRESSURES AND
IMPACTS ON
PROTECTED AREAS
(NATURA 2000 SITES)
12. To assist the achievement of the standards
and objectives set under Article 4, member states must carry out
an assessment, and collect information on, all pressures and impacts
(including diffuse pollution) likely to cause the failure of surface
and groundwaters to meet objectives established under Article
4. These pressures and impacts are listed in Annex II (1.4) and
the methodology is described in Annex II (1.5).
13. In England and Wales, all licensed activities
having an adverse effect on the integrity of Natura 2000 sites
are already being assessed by the Environment Agency through a
process called the "Review of Consents". However, since
there are currently no licencing or control mechanisms in place
for diffuse pollution, this is excluded from the review.
MONITORING OF
NATURA 2000 SITES
14. All surface and ground water bodies
must be monitored to establish risk of failure to meet environmental
objectives, and to help comply with all aspects of the WFD. Annex
V (1.3.5) of the WFD specifies particular requirements for monitoring
of Natura 2000 sites.
HABITAT AND
SPECIES PROTECTION
AREAS
Bodies of water forming these areas shall be
included within the operational monitoring programme referred
to above where, on the basis of the impact assessment and the
surveillance monitoring, they are identified as being at risk
of failing to meet their environmental objectives under Article
4. Monitoring shall be carried out to assess the magnitude and
impact of all relevant significant pressures on these bodies and,
where necessary, to assess changes in the status of such bodies
resulting from the programmes of measures. Monitoring shall continue
until the areas satisfy the water-related requirements of the
legislation under which they are designated and meet their objectives
under Article 4.
15. This paragraph confirms that environmental
objectives established for Natura 2000 sites under Article 4 (1c)
must be compatible with the water related requirements of Natura
2000 sites established under the Habitats and Birds Directives.
It also confirms that objectives identified under Article 4 (1C)
for Natura 2000 sites must be taken into account during the impact
assessment described in Annex II (1.5). If habitats and species
protected areas are determined to be at risk either through this
process, or by surveillance monitoring, they shall be included
within the operational monitoring programme. This will assess
the magnitude and impact of all relevant significant pressures,
and any change in status resulting from the programme of measures.
PROGRAMME OF
MEASURES
16. Article 11 of the WFD requires member
states to establish a programme of measures to ensure surface
and groundwaters achieve the objectives established under Article
4. This therefore includes measures for the achievement of environmental
objectives established for habitats and species protected areas
under Article 4 (1C).
The programme of measure may include all measures
listed under the Directives listed in Annex VI.
RIVER BASIN
MANAGEMENT PLANNING
17. Article 13 requires the drafting of
the River Basin Management Plan. Annex VII (3, 4, 4.3, 5, 8) identifies
the information that the River Basin Management Plans must include
of relevance to Natura 2000 sites. This basic information includes
the monitoring networks and results for Natura 2000 sites, a summary
of all objectives set for habitats and species protected areas
under Article 4 (1C), and a summary of all management plans established
for these Natura 2000 sites, as described by the Habitats and
Birds Directives.
Information to be included in the River Basin
management Plan as required by Annex VII.
3. identification and mapping of protected
areas as required by Article 6 and Annex IV;
4. a map of the monitoring networks established
for the purposes of Article 8 and Annex V, and a presentation
in map form of the results of the monitoring programmes carried
out under those provisions for the status of:
4.3 protected areas;
5. a list of the environmental objectives
established under Article 4 for surface waters, groundwaters and
protected areas, including in particular identification of instances
where use has been made of Article 4(4), (5), (6) and (7), and
the associated information required under that Article;
8. a register of any more detailed programmes
and management plans for the River Basin District dealing with
particular sub-basins, sectors, issues or water types, together
with a summary of their contents;
18. The above sections demonstrate and describe
the obligations towards Natura 2000 through the WFD. The amount
of information required goes beyond the simple drafting of the
Register of Protected Areas. CCW will need to be involved at a
number of key stages during implementation and River Basin Management
Planning to ensure that environmental objectives are compliant
with Natura 2000 sites. This includes assisting in the risk assessments,
assisting in the development of monitoring for Natura 2000 objectives,
and advising on the programmes of measures to help meet the objectives
for Natura 2000 sites.
How the WFD can facilitate the delivery of both
existing international and domestic statutory nature conservation
obligations.
19. The above sections describe the unique
linkage between nature conservation and the Water Framework Directive
and the obligations to Natura 2000 sites. The purpose of the WFD
is to prevent further deterioration and to protect and enhance
the status of aquatic ecosystems and, with regard to their water
needs, terrestrial ecosystems and wetlands directly depending
on the aquatic ecosystems. The success or failure of this aim
will be measured through the monitoring of species and their habitats,
to establish their status.
20. The purpose of the Habitats Directive
is to establish a series of measures required to maintain or restore
the natural habitats and the populations of species of wild fauna
and flora at a favourable status.
21. There is clearly a case for including
the maintenance or restoration of water dependent species and
habitats of national conservation importance, within the arrangements
established for the Water Framework Directive in England and Wales.
22. We suggest below a possible mechanism
to allow Government to fulfil their obligations towards Natura
2000 sites and to allow the successful integration of existing
domestic nature conservation obligations with the arrangements
for the WFD. The mechanism will provide a link between the River
basin Planning process, international and nationally important
conservation sites, and BAP habitats and species.
NATURE CONSERVATION
SUB-PLAN
23. Article 13 (5) of the WFD allows for
the inclusion of more detailed plans for sub-basins or sector
issues within the River Basin Management Plan. We recommend that
the regulations require the drafting of a nature conservation
sub-plan to formalise the way in which the River Basin Management
Plan will help to deliver both the International (Natura 2000)
and existing national policy and legal obligations for nature
conservation and Biodiversity.
24. This plan would set out the locations,
the objectives, undertake the risk assessment and identify any
measures required to meet these objectives for all statutory international
and national nature conservation sites in each catchment. It would
fulfil the requirements of the WFD for Natura 2000 sites and help
meet existing policy and statutory obligations for water dependent
SSSIs and BAP Species and Habitats. The sub-plan would also include
any PSA targets relevant at the time and references to the statutory
duties pertaining to SACs/SPAS and SSSIs.
Role of the nature conservation sub-plan
A nature conservation sub-plan as allowed by
Article 13 (5) of the WFD would act as a repository for all the
information identified for Natura 2000 sites as required by Annex
VII, set out the risk assessments undertaken, identify further
monitoring and identify any measures needed. It would also act
as a mechanism to ensure that the links between the WFD and nature
conservation were fully realised through the inclusion of SSSIs
and BAP information. Stakeholders would understand these plans,
they would clarify the roles of the EA and the conservation agencies
towards ecological quality in England and Wales.
25. Nature conservation sub-plans would
be understandable to a wide range of stakeholders and would provide
recognition of the unique linkages with and special obligations
towards designated sites and biodiversity within the River Basin
Management Planning process. The sub-plan would not seek to go
beyond the current legal obligations and policy commitments, but
would clarify the role of the Environment Agency, Conservation
Agencies and other relevant bodies in helping to achieve them.
26. In addition to clearly demonstrating
how we are meeting the requirements of the WFD legislation towards
Natura 2000 sites, it would set out clearly how nationally important
water dependent species and habitats will benefit from the Water
Framework Directive. In England, existing domestic policy is to
ensure 95% of SSSIs are in favourable condition before 2010. In
Wales, our domestic obligations are not identified in a public
service agreement, but we have a duty under section 28G(2) of
the Wildlife and Countryside Act 1981, "to take reasonable
steps, consistent with the proper exercise of the authority's
functions, to further the conservation and enhancement of the
flora, fauna or geological or physiographical features by reason
of which the site is of special interest."
27. Clearly, some Natura 2000 sites, SSSIs
and BAP Species and Habitats may only require an ecological status
equivalent to "Good" to maintain favourable condition.
In other cases, achievement of favourable condition may require
"High" ecological status. In this case, measures would
need to be identified under Article 11 to achieve this.
RECOMMENDATIONS FOR
THE COMMITTEE:
28. In view of the level of obligation towards
protected areas established for water dependent habitats and species
(Natura 2000) sites specified within the WFD, and the requirement
to set environmental objectives under Article 4 (1C) compliant
with those water related standards and objectives already established
under the Habitats and Birds Directives; In view of the requirement
to undertake risk assessments based on these objectives under
Annex II (1.5), and to implement monitoring of these objectives,
Annex V (1.3.5). In view of the requirement to identify a programme
of measures to meet the environmental objectives (Article 11),
and the information requirements for RBMP (Annex VII, 3, 4, 4.3,
5, 8). In view of the unique linkage between the WFD and nature
conservation and the potential benefits to domestic nature conservation
and biodiversity, CCW recommends:
— The committee ensures that the transposition
of Article 4 clearly requires the environmental objectives established
under Article 4 (1C) to be compliant with any existing objectives
set for the water dependent habitats and species protected areas
(Natura 2000), where these are more stringent than those required
for other protected areas, or more stringent than those required
to prevent deterioration, or more stringent than those required
to meet "good" ecological status.
— The committee discuss the potential
for a Nature Conservation sub-plan within the River Basin Management
Plan as allowed by Article 13(5) of the WFD. This would contain
all the objectives, monitoring results and management plans for
Natura 2000 and domestic SSSIs, (information required by Annex
VII (3, 4, 4.3, 5a, 8) for the River Basin Management Plans).
It would contain the risk assessments for nature conservation
sites, and the programmes of measures identified to help achieve
the objectives set for these sites.
— In view of the level of obligation
towards Natura 2000 sites within the WFD as described above, and
in view of the level of joint working that will be required to
implement this, we ask the committee to recommend that CCW be
given Competent Authority status to ensure the successful achievement
of the WFD's intentions towards Natura 2000 sites. This would
require us to assist the Environment Agency to help draft the
parts of the RBMP that are relevant to nature conservation and
to assist in implementing the programme of measures.
Countryside Council for Wales
18 September 2002
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