H' Blch, European Commission

1
2nd Conference Water Balance in the
Alps 30-31 October 2008, Munich

Are there gaps in the EU legislative framework
for water protection and water management ?
2
Gaps where and when ? (1) Situation in 1991


1991 Alpine Convention
EU water-related legislation early 1991 No
comprehensive protection of waters. Only
individual, unconnected elements, largely for
protection of waters for specific uses 1975
Directive on surface waters for drinking water
abstraction 1976 Bathing Water Directive 1978
Fish Water Directive 1976-1986 Directive on
discharges of certain dangerous substances
3
Gaps where and when ? (2) Evolving EU
legislation since 1991

• Emission control provisions for major pollution
  sources
• 1991 Urban Waste Water Treatment Directive
• 1991 Directive on Nitrates Pollution from
  Agriculture
• 1996 IPPC Directive for industrial installations
• 1999 Landfill Directive
• Water management and binding environmental
  quality standards for all waters (surface waters
  and groundwaters)
• 2000 Water Framework Directive
• 2006 Daughter Directive on Groundwater
• 2008 Daughter Directive on Priority Substances
• 2007 Floods Directive
• EU legislation and global commitments on
  combating climate change
• Drastic expansion of the regulatory framework
  on water protection and water management

4
Gaps where and when ? (3) Cooperation of
Alpine countries since 1991

• Danube Protection Convention 1994
• Alpine countries AT, DE, SI CH IT
  cooperating
• new Rhine Protection Convention 1999
• Alpine countries CH, DE, FR AT FL
  cooperating
• Rhine Basin Cooperation 2001
• Alpine countries AT, CH, DE, FL, FR
• Alpine Rhine Agreement 1995
• AT-Vorarlberg, CH (Cantons SGGR), FL
• Further action in existing regional Conventions
• Lake Constance / Bodensee
• Lake Geneva / Genfersee

5
Water Framework Directive key elements (1)

• Protecting all waters rivers, lakes,
  groundwaters and coastal waters
• Covering all human impacts without exception
• Setting a legally binding environmental objective
  of good status for all waters, to be achieved as
  a rule by 2015 (the environmental objectives are
  derived from the untouched status of waters in
  the eco-region the Alps are specifically
  mentioned as one eco-region) plus prohibition of
  deterioration of water status
• Plus additional protection measures for
  water-related protected areas (for drinking water
  abstraction, nature protection,
  nutrient-sensitive areas)
• Committing countries to full cooperation and
  coordination within shared river basins defined
  as must for/with EU countries, defined as
  endeavour for cooperation/coordination with
  non-EU countries

6
Water Framework Directive key elements (2)

• Water quality defined in a holistic and
  type-specific way based on ecological criteria,
  with specific obligations to address the
  particular problems and challenges of the
  (eco)region
• River basin management plans as the operational
  tool, to be coordinated across the river basin
  /sub-basin these have to address all problems
  identified
• Comprehensive monitoring system both as a basis
  for tailoring the measures and for assessment of
  success
• Regular review and, where necessary update (e.g.
  with a view to the impacts of climate change)
• Mandatory public information and consultation, of
  citizens, municipalities, NGOs and stakeholders
  when developing river basin management plans (and
  their review/update).

7
Water Framework Directive good status as
environmental objective

• Good status defined in a holistic and
  type-specific way
• - for surface waters in terms biology,
  chemistry and hydromorphology,
• - for groundwaters in terms of chemistry and
  balance between recharge and abstractions
• good status for surface waters is derived from
  high status prevailing in the particular water
  and region, thus addressing regional diversity on
  a scientific basis
• intercalibration exercise to ensure comparability
  of biological monitoring results list of gt1400
  intercalibration reference sites established (all
  EU27 NO) Intercalibration Decision agreed and
  about to be published
• Regular review (every 6 years) and update where
  necessary, not least to integrate evolving
  knowledge e.g. on climate change.

8
Water Framework Directive Daughter Directive
Groundwater 2006

• Delivering on the homework set out in article
  17 Water Framework Directive
• Defining parameters and values for groundwater
  pollutants of EU-wide importance (nitrates,
  pesticides biocides maximum values are
  identical with drinking water values)
• Criteria for fixing further parametric values at
  river basin / sub-basin level
• Criteria for reversing upward pollution trends.

9
Water Framework Directive Daughter Directive
Priority Substances 2008

• Delivering on the homework set out in article
  16 Water Framework Directive
• Defining numerical environmental quality
  standards for surface waters, in a first step for
  33 substances of EU-wide relevance
• Environmental objectives to be achieved by the
  river basin management plans under the Water
  Framework Directive.

10
Floods Directive 2007

• Addressing the serious potential of damage which
  floods can cause, and have caused, not least in
  the Alpine area)
• Loss of life and damage to health of citizens
• Damage to the environment
• Damage to infrastructure and private property
• 3 key steps
• Preliminary flood risk assessment ( eliminating
  the non-risk areas) by 2011
• Flood mapping by 2013
• Flood risk management plans by 2015
• Measures must be compliant with the Water
  Framework Directive obligation for coordination
  and cooperation in shared river basins
  obligation for coordination of planning and
  measures under Floods Directive with those under
  the Water Framework Directive.

11
Geographical scope of applicationof EU
legislation

1991
EU Erweiterungen im Alpenraum AT 1995
SI 2004 EWR Abkommen mit EFTA Staaten FLNOIS
1994/95 1999 2007
EU Erweiterungen im Alpenraum AT 1995
SI 2004 EWR Abkommen mit
EFTA Staaten FLNOIS 1994/95 1999 2007

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Multitude of challenges
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Conclusions

• Water Framework Directive and related EU
  legislation are ambitious, legally binding and
  enforceable
• Legislative framework applies to the whole Alpine
  region for Switzerland comparable national
  legislation and comprehensive international
  cooperation is in place
• Addressing and solving the water-related
  challenges and problems of the Alpine region is
  under the EU legislation not just a possibility
  
• it is an obligation including the specific
  regional challenges such as those of the Alpine
  region implementation must be based on holistic
  criteria, and embedded in a transparent and
  participatory process. Conflicting aspirations
  and interests, such as small hydropower plants
  vs. ecological status and non-deterioration, will
  be a joint challenge.
• European Commission to scrutinise implementation.
• The necessary legislative and management
  instruments are in place. There is no need for
  additional instruments.

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Thank you for your attention. Lets get our job
done.