Coastal Waters
12. In short, there is again clearly little agreement
about the scale of the problem faced and about the implications
of implementing the Directive, and this must be resolved as soon
as possible (paragraph 52).
The Environment Agency is assessing what additional
monitoring capacity will be needed in coastal waters.
In the Government's second consultation, we asked
for views on the proposition that, in giving legal effect to the
Directive, we should extend the seaward limit of the definition
of coastal waters from one nautical mile to three. We have received
a range of views on this topic and are now considering them. We
will publish our response in the third consultation paper later
this year.
Conclusions About the Science
13. The scale of the task involved in achieving
good ecological status in our waters is not yet known (paragraph
56).
The Government is addressing this though an initial
assessment of the risk that water bodies will fail to meet their
environmental objectives because of environmental pressures caused
by society (see Government response to the last part of recommendation
3). This must be completed by the end of 2004. The Directive then
requires monitoring to be in place by 2006 adequate to supplement
this initial assessment and inform identification of the most
cost-effective combination of measures necessary to meet ecological
and other environmental objectives.
The Government will publish a revised overall assessment
of the costs of implementing the Directive later this year.
14. As a matter of urgency, we recommend that
a scientific Steering Group be set up to advise Defra and the
Environment Agency on the science surrounding the Water Framework
Directive. The Steering Group should comprise leading experts
in freshwater, estuarine and marine ecology. The Group should
be charged with the task of:
§ reviewing
the evidence which already exists regarding the physical, chemical
and biological status of waters across England and Wales;
§ assessing
the extent to which our waters in their present state could be
classed as of 'high' or 'good' ecological status;
§ identifying
gaps in the evidence needed to make that assessment; and
§ commissioning
research on behalf of Defra and the Environment Agency to fill
such gaps in knowledge (paragraph 57).
The UK Technical Advisory Group brings together both
the environment and conservation agencies of the UK[2]
and was set up to coordinate technical implementation of the Directive
across the UK. The Group is already addressing the subjects detailed
in paragraph 93.14 of the report and in effect constitutes a scientific
steering group addressing the issues highlighted by the Committee.
Therefore, another steering group would appear to be unnecessary
duplication.
The Group is identifying gaps in knowledge and methods
and is sponsoring research in a co-ordinated way to fill these
gaps. The scientific community across Europe is engaged with the
Directive and the Water Research Centre leads the European Topic
Centre for water. Various experts from UKTAG's member organisations
are also contributing to the EC Community Implementation Strategy
working groups to provide non-binding guidance on the operation
of the Directive. The Agency's review of its science plan is making
the Directive one of the priority themes and this will drive both
in house work and commissioned research to support the science
needs of the Directive.
Administration And the Directive
15. We recommend that Defra clarify what its role
is and will be in respect of the Water Framework Directive, and
exactly what role will be taken by the Environment Agency if it
is decided that it is to be the competent authority under the
Directive. We further recommend that a 'ministerial champion'
be designated in relation to the Water Framework Directive, able
to bring together representatives from all Government Departments
and other organisations involved in the implementation of the
Directive (paragraph 60).
The Government has already clearly set out in its
second consultation paper (October 2002) the respective roles
it and the Environment Agency will play. It confirmed its intention
to designate the Environment Agency as competent authority. The
formal designation will be effected through the transposing regulations.
The Directive requires legal effect to be given to the Directive
by December 2003. The Environment Agency will be given statutory
duties to administer the implementation of the Directive and to
ensure that its environmental objectives are met within the Directive's
time limits. Agency tasks will relate to key implementation duties
such as: production of river basin management plans— - the
Secretary of State will approve them; co-ordination of the programme
of measures necessary to meet objectives - the Secretary of State
will have powers to approve programmes of measures or elements
of them such as derogations.
The Government already has a 'ministerial champion'
for the Directive in Elliot Morley as the Government's Water Minister.
It also has effective fora in the form of an inter-departmental
steering group and stakeholder forum. Both meet regularly and
cover strategic water policy issues and transposition and implementation
of the Directive.
Clarifying What the Directive Requires
16. Nevertheless, underlying our recommendations
is a plea that the Government should engage those directly affected
by the Directive in dialogue to explain what steps they are or
will be required to take (paragraph 61).
Defra agrees that this is an important part of successful
implementation and we are taking action to ensure key messages
are communicated. That is why we have set up a stakeholder communications
group (see response to recommendation 1).
In March 2001 the first consultation paper was distributed
to about a thousand stakeholders including organisations representing
government agencies, local authorities, environmental NGOs and
a wide range of businesses including farming. Many of these interests
are represented on Defra's stakeholder group. The paper was further
distributed by some of these stakeholder organisations to individual
members, some of whom responded in their own right. This process
was repeated for the second paper and will be repeated again for
the third.
The Environment Agency's public participation strategy
is also relevant here (recommendation 1).
Resources
17. Any failure adequately to resource the Environment
Agency to perform its responsibilities under the Water Framework
Directive would be wholly unacceptable. Having signed up to the
Directive the Government is obliged to provide the resources to
ensure that the Directive can be implemented, and implemented
well (paragraph 63).
The Government agrees that the Environment Agency
must continue to be adequately resourced. The Agency has continued
to receive significant grant-in-aid from the Department. This
has increased from £103.7m in 1999/2000 to £116.7m in
2002/03 (figures in EA Corporate Plan for 2002/03) and proposed
grant-in-aid of £123.7m for 2003/04.
In total, the Agency's budget, comprising grant plus
charges and levies, has increased from £620m in 1999/2000
to just short of £800m in 2003/04. These are substantial
resources, and in the Government's view, the Agency is sufficiently
funded to deliver its statutory responsibilities.
It is for the Agency to organise those resources
so that the Water Framework Directive is adequately resourced
but the Government is confident that the Agency has been provided
with adequate means to do so.
Conflicts of Interest
18. We recommend that the Government examine concerns
about possible conflicts of interest arising as a result of the
designation of the Environment Agency as competent authority,
and that it act to resolve them as necessary (paragraph 64).
The Government has carefully considered the concerns
that there might be conflicts of interest between the Agency's
duties as "competent authority" and its responsibilities
for areas such as flood defence, or the need to abide by the water
industry investment consequences of periodic reviews of water
price limits.
The Government's view is that such conflicts will
not arise in practice. The Government intends (through regulations
transposing the Directive) that in exercising its functions the
Agency will be under a duty to do so in a way which gives effect
to the requirements of the Directive. This duty will include the
Agency's navigation and flood defence responsibilities. In addition,
there are well established arrangements for ensuring that EU environmental
obligations that give rise to water industry investment requirements
are factored into periodic reviews of water price limits and that
necessary provision is made. The Secretary of State, the Agency
and English Nature all have roles in shaping such planned water
industry investment, which underpins Ofwat decisions on water
price limits.
2 Environment Agency; Countryside Council for Wales;
English Nature; Scottish Natural Heritage; Scottish Environment
Protection Agency; Environment and Heritage Service for Northern
Ireland; Department of Environment and Local Government (Republic
of Ireland). Back
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