The Common Implementation Strategy for the Water Framework Directive

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The Role of Wetlands in the Water Framework Directive

General comments
The boxes inserted in the text below provide the detailed views of UK experts on draft 3.0 of the horizontal guidance on wetlands.
Overall, the draft represents an improvement over the previous version, and is generally moving in the right direction. However, the wording of the guidance in places could still lead to a misunderstanding of the role of wetlands. We have therefore made a number of suggestions throughout on how the wording could be tightened to more precisely convey what is actually required. For instance, we think there is still confusion over what is, and what is not, a basic measure.
We have not commented on section 4 concerning Protected Areas. We assume that this section will be deleted pending further discussions. We cannot support the assertion in the current draft that Protected Areas include national and local sites of conservation interest. In our view, Protected Areas must be sites established under Community legislation in accordance with Article 6(1).

Draft No:3.0

Drafted by:R. Davis (RSPB) Rob Cunningham (Wildlife Trusts),

Charlie Avis (WWF) on behalf of EEB/WWF.

Date:20th September 2002.

Status box
Version no.:3.0Date: 20th September 2002
Author(s):Ruth Davis, Robert Cunningham, Charlie Avis.
Circulation and comments: The paper has been circulated to Working Group leaders and to other CIS members who expressed an interest in assisting with the drafting process. These include the UK Technical Advisory Group (working on behalf of the Scottish Environmental Protection Agency and the Environment Agency of England and Wales)
The membership of the UKTAG includes all the UK environment and conservation agencies. A simple reference to UK involvement would be adequate.
, Scottish Natural Heritage, Evaluwet, Tisza River Project, EURELECTRIC, Administratie Waterwegen
en Zeewegen, and members of the Nature, Research and WFD Teams of the European Commission.

Summary.

1. Status and purpose of the document.

Following an initiative from NGOs involved in the Common Implementation Strategy for the Water Framework Directive, a drafting group has developed this discussion paper on wetlands. The SCG will be invited to discuss the contents and agreee on how to develop a shared understanding of this important issue, which can be reflected in the future development of the Common Implementation Strategy process.

2. The purpose of the WFD in relation to wetlands.

The purpose of the WFD in relation to wetlands as stated in Article 1 is unambiguous. Article 1 (a) states that the Directive will ‘establish a framework for the protection of inland surface waters, transitional waters, coastal waters and groundwaters, which:

‘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.’

This purpose will be made operational through the application of the Directive’s environmental objectives as far as they relate to wetlands, and through the use of wetland protection, creation and restoration to help to fulfil these objectives in a cost effective and sustainable manner. The mechanisms for this are outlined in the main body of the paper.

Comment
We would like to suggest an alternative wording to the above that does not imply (a) any specific objectives for wetlands unless they fall into one of the categories of rivers, lakes, transitional waters or coastal waters, or (b) that wetland creation will always be required to achieve the objectives – wetland creation is a supplementary measure.
“This purpose will be supported through the Directive’s environmental objectives as far as they relate to wetlands and possibly through the use of wetland protection, creation and restoration to help to fulfil these objectives in a cost effective and sustainable manner. The mechanisms for this are outlined in the main body of the paper.”

3. A Definition of Wetlands.

The paper proposes a functional definition of wetlands developed to assist in understanding their place in the hydrological cycle. Wetlands are defined as:

“heterogeneous but distinctive ecosystems in which special ecological, biogeochemical and hydrological functions arise from the dominance and particular sources, chemistry and periodicity of inundation or saturation by water. They occur in a wide range of landscapes and may support permanent shallow (<2m) or temporary standing water. They have soils, substrates and biota adapted to flooding and/or water-logging and associated conditions of restricted aeration’.[1]

Comment
The above definition is not the same as the Ramsar Convention definition of wetland referred to in the previous draft of this guidance. To minimise confusion, we would prefer that the well-recognised Ramsar definition is used.However, it will still be important to make clear when the guidance is referring to wetlands that are rivers, lakes, transitional waters and coastal waters, and when it is referring to other wetlands

4. Environmental Objectives in the WFD.

The following WFD objectives and obligations are relevant to the conservation, restoration and creation of wetland ecosystems:

1Under Article 4.1(b)(i & ii), Member States are required to protect dependent terrestrial ecosystems from significant damage by anthropogenic alterations to groundwater quality or levels. They are also required to ensure that dependent surface waters achieve their objectives under Article 4, as far as these depend on groundwater quality and quantity. Ground-water dependent wetlands may fall within the category of surface waters, or within the category of dependent terrestrial ecosystems. Both kinds of wetlands will be given further protection from pollution by the trend reversal objective for groundwater pollution specified under Article 4.1 (b) (iii).

Comment
We would suggest rewording the above as follows:
“Under Article 4(b) (i & ii), to achieve good groundwater status, Member States must, among other things, control and remedy anthropogenic alterations to groundwater quality and levels to the extent needed to ensure that such alterations are not causing, and will not cause:
(a)Significant damage to terrestrial ecosystems that directly depend on bodies of groundwater; and
(b)Significant diminution in the chemical or ecological quality of bodies of surface water associated with bodies of groundwater

2Member States’ obligations to surface waters will apply to some ‘open water’ wetlands where these are identified as water bodies [Article 4.1(a)(i)].

Comment
The above statement should be clarified to avoid confusion. The Directive’s objectives for bodies of surface waters apply to rivers, lakes, transitional waters and coastal waters, including artificial and heavily modified water bodies. Some of these surface waters will also fall within the definition of wetlands, particularly in the context of the Ramsar definition of wetland. In such cases, it is true to say that the Directive’s Article 4.1(a) objectives apply to wetlands. It is not true in any other sense.

3Obligations exist to prevent more than ‘very minor’ anthropogenic disturbance to the hydro-morphological condition of surface water bodies at High Ecological Status. This includes the condition of the riparian, lakeshore or inter-tidal zones, and hence the condition of any wetlands encompassed by these zones. This is necessary to achieve the objective of preventing deterioration in water status [Article 4.1 (a) (i); Annex V 1.2], bearing in mind the exceptions identified at Article 4 (7).

4Member States will be required protect, enhance and restore wetlands which are water bodies, where this is necessary to support the achievement of (a) good ecological status or good ecological potential, (b) good surface water chemical status, or (c) a less stringent objective [Article 4.1(a)(i & ii); Article 4.5].

Comment
(1) Where a wetland is a surface water body (i.e. a river, lake, transitional water, coastal water, or an artificial or heavily modified water body), then the above paragraph is correctly worded. However, it is not clear why this needs repeating as it seems to be covered in point 2 of the list.
(2) Where wetlands are not water bodies in the above sense but components of the riparian, shore zones or intertidal zones of water bodies (i.e. part of a hydromorphological quality element of a water body), Member States are required under Article 11.3(i) to establish measures to control and mitigate modifications to the structure and condition of these zones (including that of any wetlands they contain), to the extent necessary to ensure the hydromorphological conditions of the water bodies are consistent with the required ecological status or ecological potential.
(3) For wetlands that are designated as Special Areas of Conservation or Special Protection Areas, Member States will have to take appropriate protective and restorative action for the achievement of the objectives of the Community legislation establishing such Protected Areas, whether or not the first two points mentioned above apply. The draft guidance discusses this in its point 4 below this box.
(4) In any other circumstance, the only role of wetland recreation or restoration is as a supplementary measure as specified in Article 11.4 and Annex VI Part B (vii). Supplementary measures are measures that may be necessary to help achieve the environmental objectives specified under Article 4 or which Member States may choose to use to allow lighter application of some of the basic measures. There is no obligation to recreate or restore wetlands unless such action is the only means of achieving the Directive’s objectives

4Specific obligations exist to ensure that the water dependent objectives of sites listed on the Protected Areas Register [Annex IV (2)] are met through the implementation of River Basin Plans. This paper proposes a legal interpretation of ‘Protected Areas’ which includes sites designated under community, national or local legislation. This does not represent a common understanding at present between Member States or Working Groups, and requires further discussion.

Comment
We would suggest rewording the above paragraph as follows. It is not the fact of being on the register that creates the need to apply appropriate measures. It is the Community legislation establishing the Protected Areas that creates the obligations.
Specific obligations exist to ensure that the water dependent objectives of sites listed on th Protected Areas Register [Annex IV (2)] are met through the implementation of programmes of measuresRiver Basin Plans. [This paper proposes a legal interpretation of ‘Protected Areas’ which includes sites designated under community, national or local legislation. This does not represent a common understanding at present between Member States or Working Groups, and requires further discussion.]

5. Wetlands and Programmes of Measures.

Wetlands are often a key and often the most cost-effective and socially acceptable mechanism for achieving the environmental objectives of the Directive.

Comment
The above claim seems to somewhat exaggerate the potential role for wetlands. How are wetlands the best option for controlling the effect of point discharges, or abstractions or morphological alterations?

There will be circumstances where wetlands will form part the ‘basic measures’ [Article 11.3] which are the minimum necessary to meet the environmental objectives of the Directive.

Comment
To repeat our comments above:
(1) Where wetlands are water bodies, appropriate basic measures will be needed to protect, enhance and restore them to the extent needed to achieve the objectives of the Directive for surface waters.
(2) Where wetlands are not water bodies as such but components of the riparian zones, shore zones or intertidal zones of water bodies (i.e. part of a hydromorphological quality element of a water body), Member States are required under Article 11.3(i) to establish measures to control and remedy modifications to the structure and condition of these zones (including that of any wetlands they contain), to the extent necessary to ensure the hydromorphological conditions of the water bodies are consistent with the required ecological status or ecological potential.
(3) Other than in the circumstances specified above, the only role of wetland recreation or restoration is as a supplementary measure as specified in Article 11.4 and Annex VI Part B (vii). Supplementary measures are measures that may be necessary to help achieve the environmental objectives specified under Article 4 or which Member States may choose to use to allow lighter application of some of the basic controls. There is no obligation to recreate or restore wetlands not covered in the paragraphs above except where this is the only means of achieving the Directive’s objectives

Wetlands will form a part of Member States obligations under relevant community legislation [Article 11.3 (a). An assessment of the wetland value will be required in order to meet obligations in relation to cost recovery specified in Article 11.3 (b), referring to Article 9. Obligations under Article 11.3 (d), to ensure that water quality does not deteriorate, resulting in an increased need for water treatment, may require the conservation or restoration of wetlands. Finally, there will be cases, under Article 11.3 (i), where ‘measures to ensure that the hydro-morphological conditions of the bodies of water are consistent with the achievement of the required ecological status or good ecological potential’ will require the restoration or protection of wetlands.

Comment
The above paragraph is unclear and confusing. Wetlands are not a water service according to the Directive. It is not obvious how wetlands could be considered relevant under the Article 9 obligations for the recovery of the costs of water services?
The second sentence is a separate point. It is possible, that the recreation or restoration of wetlands may be used as a measure to achieve the objective of Article 7.3. This is a matter for the river basin planning process to decide. However, the only obligation in Article 11 is to put in place measures that achieve the relevant objectives. We therefore suggest deleting the text:
[An assessment of the wetland value will be required in order to meet obligations in relation to cost recovery specified in Article 11.3 (b), referring to Article 9. Obligations under Article 11.3 (d), to ensure that water quality does not deteriorate, resulting in an increased need for water treatment, may require the conservation or restoration of wetlands.

In addition to basic measures, wetlands may have a crucial role to play as ‘supplementary measures’, which may be adopted by Member States to assist with the achievement of WFD environmental objectives [Article 11.4], when basic measures are insufficient. In particular, wetlands can help to achieve pollution control, to alleviate the impacts of droughts and floods, to achieve sustainable coastal management and to promote groundwater re-charge. Member States must collect sufficient information to enable them to deploy the most cost effective combinations of measures to achieve WFD objectives. Wetland creation, restoration and protection should therefore be considered and assessed along side other water management options when undertaking the economic analyses required to inform River Basin Planning [Article 5, Annex III], in a manner which takes full account of their multi-functional value

Comment
We agree that in some circumstances wetland recreation and restoration may play an important role in achieving the objectives. For example, sustainable urban drainage systems, some of which employ constructed wetlands, are being increasingly promoted in the UK to help tackle pollution from urban run-off. Constructed wetlands are also used in some treatment processes for urban waste water. In applying the basic measures, Member States may well wish to consider the use of such supplementary measures where these could reduce the costs to water users by allowing lighter application of the basic measures. However, the guidance should make clear that the emphasis of the analysis of the most cost-effective combination of measures must be on the basic measures, with Member States able to choose which supplementary measures to evaluate.

6. Issues faced by Member States During Implementation.

Following initial presentation of the paper, the drafting group intend to work with Member States to identify potential obstacles to the integration of wetlands into WFD implementation, and develop potential solutions to these. The authors would welcome further discussions of these issues.

7. Links to other CIS Working Groups.

Following presentation of the paper, the drafting group are in discussions with some Working Group leaders and will be contacting others to ensure that the relevant links have been made between this paper and developing CIS Guidance. The authors would welcome further discussions of these issues.

Foreword

The EU Member States, Norway and the European Commission have developed a common strategy for supporting the implementation of Directive 2000/60/EC, establishing a framework for Community action in the field of water policy (the Water Framework Directive or WFD). The aim of this strategy is to ensure coherent and harmonious implementation of the Directive, by achieving a common understanding of its technical and scientific implications.

An immediate objective of the strategy is the development of non-legally binding and practical guidance documents on various technical aspects of the Directive. These are targeted at experts who are directly or indirectly implementing WFD in river basins. During their development, certain crosscutting issues (for example the definition of water bodies, the role of wetlands and other terrestrial ecosystems) have emerged which require further clarification, if the guidance documents are to provide consistent and comprehensive support for Member States during implementation.

Following an initiative from NGOs involved in the CIS, a drafting group has developed a discussion paper on wetlands[2]. The SCG will be invited to discuss the contents and agreee on how to develop a shared understanding of this important issue, which can be reflected in the future development of the Common Implementation Strategy process.

The paper explores the purpose of WFD in relation to wetlands. It outlines how Articles 1a and 1e (in relation to dependent terrestrial ecosystems and international agreements) will be made operational, by identifying and describing the relevant parts of the Directive’s other Articles and the Annexes which should be used to achieve this. A separate section looks at the potential difficulties Member States may face in interpreting the provisions of the Directive in relation to wetlands and other dependent terrestrial ecosystems, and how these can be resolved. Finally, it offers a checklist for Working Group and Expert Forum Leaders to consider during the finalisation of CIS Guidance Documents, to ensure that this issue has been appropriately and adequately addressed.