Select Committee on Environment, Food and Rural Affairs Appendices to the Minutes of Evidence


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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