1988: concern about common legislation is needed.

1995: proposal for a new Directive.

2000: Directive 2000/60Directive 2000/60. Sustainable model (implementation of the

WFD):1)Water is a scarce resource and environmental questions have to be consider as a priority: environmental impact assessment, pollution control, ecological flows, etc.2)This model implies a water demands control system.

Why a new framework for European water policy?

Environmental new philosophy: integrity, multidisciplinary, coordination.

Unsuccesful application, overlap and legal holes.

Integrative approach

+ Inefficiency sectorial

legislations

+ Fragmetation feeling

New water policy

Traditional offer model:1) Water as a non scarce resource.

a) Therefore water must be used, and if it is necessary, we must transforms nature to do it. Environmental issues are not considered as important.

b) For many decades this system has provoked an absolute ineffectiveness consumption: water rights.

2) The relation between the former legitimating rights to use water and public works. Spain is the country with more dams

per inhabitant in hole the world.

3) A model what got its objectives in the middle 20th century, but:

a) Drinking water: the priority of human consumption (but nowadays Spaniards consume more water than any other european population);

b) Agriculture (paradox: irrigation consumes 80% of water, but only represents 1.5% of spanish economy); c) Power generation (paradox: nowadays we can not base our

energy generation industry on a scarcer resource in advanced).

Water management models (I). Evolution.

Water management models (II): present and future. Demand model:

1) Water is a scarce resource and environmental problems are considered (environmental impact assessment in public works and permissions). Changes begun when Spain became an EU member.

2) This model obliges to redistribute the resources previously conceded trying to reach effectiveness in the consumption and use of water.

3) Remaining WFD’s objectives and some environmental problems: economical effectiveness vs. environmental protection.

Sustainable model (implementation of the WFD):

1) Water is a scarce resource and environmental questions have to be consider as a priority, even pollution control, ecological flows, etc.2) This model implies a water demands control system.

3) Spain is implementing the WFD in time, although the process can be criticized: a) Doubts about the real meaning of the WFD: the approach has not been all the intense that could be expected; b) Disconnection between legal system and administrative practice: new demands in those territories where water is scarcer.

DIRECTIVE 2000/60: establishing a framework for Community action in the field of water policy.Why the WFD is a framework Directive? The evolution of

european environmental norms towards the fulfillment of the 30th ECT Protocol on the application of the principles of subsidiarity and proportionality.

Directives versus Regulations on the ECT: the early 70’s and 80’s environmental Directives were very close to the Regulations.

Redirecting environmental Directives towards their original sense (30th Protocol ECT):

“The form of Community action shall be as simple as possible, consistent with satisfactory achievement of the objective of the measure and the need for effective enforcement. The Community shall legislate only to the extent necessary. Other things being equal, Directives should be preferred to Regulations and framework Directives to detailed measures. Directives as provided for in Article 189 of the Treaty, while binding upon each Member State to which they are addressed as to the result to be achieved, shall leave to the national authorities the choice of form and methods”.

Is the WFD really a framework Directive? Does not the WFD contain detailed measures?

Year Issue Reference

2000 Directive entered into force Art. 25

2003 Transposition in national legislation Identification of River Basin Districts and Authorities

Art. 23 Art. 3

2004 Characterisation of river basin: pressures, impacts and economic analysis Art. 5

2006 Establishment of monitoring network Start public consultation (at the latest)

Art. 8 Art. 14

2008 Present draft river basin management plan Art. 13

2009 Finalise river basin management plan including progamme of measures Art. 13 & 11

2010 Introduce pricing policies Art. 9

2012 Make operational programmes of measures Art. 11

2015 Meet environmental objectives Art. 4

2021 First management cycle ends Art. 4 & 13

2027 Second management cycle ends, final deadline for meeting objectives Art. 4 & 13

The WFD sets out a clear deadlines for each of the requirements which adds up to an ambitious overall timetable. 

Apart from the Protocol, why was reasonable to approve a framework Directive? Community water policy requires a transparent, effective and

coherent legislative framework, and the WFD provide common principles and the overall framework for action.

This Directive provide for such a framework and coordinate and integrate the basis for protection and sustainable use of water:

The important differences between the member States’ water Law. The obvious differences between the hydrological, climatic and water problems of each

member States.

In a EU with 27 member States, is it possible to develop the common harmonization for water protection based on a different kind of norm?

Art. 191.2 EUT: “Community policy on the environment shall aim at a high level of protection taking into account the diversity of situations in the various regions of the Community”.

Art. 191.3 EUT: “In preparing its policy on the environment, the Community shall take account of: — environmental conditions in the various regions of the Community”.

The WFD is a good example about what is happening in other subjects: proposals for Directives establishing a framework for the protection of soil.

Towards an integrated approach. The WFD, as the rest of the new environmental Directives, focuses ist efforts in an integrated

approach, where the protection is not referred to a single natural resource, but a global point of view.

In order to fulfill with this approach, the WFD assumes a huge scope: inland waters in general (water bodies: surface waters, groundwaters) and marine waters (water bodies: coastal and transitional waters), and also associated ecosystems (protected areas). It is no important whether those water bodies are considered as public domain or private property by the national Law. The former water Directives had a sectorial point of view: some kinds of polutants, some

kinds of waters…, without connection with other norms. The WFD is the common base (the “mother Directive”) to the rest water Directives in order

nowadays, and gives a global and integrated sense to the european water policy, connecting its environmental objectives with other environmental Direcives (IPPC Directive and emmission control, waste Directive and groundwaters, Proposal for soil Directive and groundwaters, etc.).

The WFD incorporates the hydrological cycle to its field of action, including environmental objectives for protected areas and associated ecosystems (riversides).

Can we say seriously that the WFD is only a water quality Directive? Is the WFD a European Water Law that regulate and modify the national water Law of each country?

Other examples: the large number of europeannorms approved to carrry out with the Kyoto Protocol,the IPPC Directive, the Directive on waste or the newproposal for Directive for the protection of soil.

Environment Minister: program of riverbeds and riversides restoration.

A good example in Spain.

Environmental objectives: the good ecological status objectives are determined for each type of water body (rivers, lakes, groundwaters, coastal and transitional waters).

To get those objectives, membes States have to identified every water body and establish specific objectives to each one.

Clasification of

pressures. Final identification.

Example: surface water delimitation in Júcar river basin (Spain).

Member States shall protect and enhance all artificial and heavily modified bodies of water, with the aim of achieving good ecological potential and good surface water chemical status.

Artificial water body: “a body of surface water created by human activity”. Heavily modified water body: “a body of surface water which as a result of physical alterations

by human activity is substantially changed in character”.

The environmental objectives affect both quality and quantitative aspects.For the purposes of environmental protection, there is a need

for a greater integration of qualitative and quantitative aspects of both surface waters and groundwaters, taking into account the natural flow conditions of water within the hydrological cycle.

The special importance of quantitative aspects in relation with groundwaters: the quantitative status of a body of groundwater may have an impact on the ecological quality of surface waters and terrestrial ecosystems associated with that groundwater body.

It is supposed that the WFD should be implemented in a homogeneous way: the common implementation strategy.

If the WFD affects quantitative aspects, does it mean The Directive affects to the water management?

Quantitative aspects, water management and ECT’s legal basis of WFD. According to the legal basis of the WFD, one could say that it is an

environmental norm; however, according to its contents, it is much more than this and the real affection in member States water policy is important. Towards a sustainable water management system.

The european environmental policy was based on the art. 175.1 ECT: codecision procedure.

Art. 175.1 ECT: “The Council, acting in accordance with the procedure referred to in article 251 and after consulting the Economic and Social Committee and the Committee of the Regions, shall decide what action is to be taken by the Community in order to achieve the objectives referred to in article 174”.

The WFD was approved based on that article, so is it a water quality norm or a environmental norm that affects to water management?

Differences between 1st and 2nd paragraph of art. 175 ECT: Art. 175.2 ECTT: “By way of derogation from the decision-making procedure

provided for in paragraph 1 and without prejudice to Article 95, the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, the Economic and Social Committee and the Committee of the Regions, shall adopt: (…) (b) measures affecting: (…) quantitative management of water resourcesmanagement of water resources or affecting, directly or indirectly, the availability of those resources”.

Good groundwater status: “the status achieved by a groundwater body when both its quantitative status and its chemical status are at least good”. Quantitative status: “an expression of the degree to which a body of groundwater is affected by direct and indirect abstractions”.

The very important transcendence of this question in Southern Europe: fulfillment of ecological flows (WFD’s hydromorfological indicators) in those countries where scarcity is an inherent problem in their hydrological systems.

Hydraulic infrastructures. Evolution towards a sustainable management model involves a

change in the point of view have been maintained about hydraulic public works so far:

1) Recycling waste-waters and desalinization. New environmental problems for new infrastructures: power

generation deficit and discharges.2) Water demand control instead of building new

infrastructures with huge environmental impacts. 3) Dam removal: many of small dams are coming to the end

of their lives. Limits: a) New artificial ecosystems versus natural

restoration. b) Recovery cost principle. c) Protected dams.

Can the WFD prohibit member States from building public hydraulic infraestructures?

4) EU Law requirements:a) Obviously environmental impact assessment.b) New objectives of WFD as limits in the execution of

new projects. c) Recovery cost principle.

The Directive 91/271 and the WFD obliges member States to treat waste waters before discharging into surface water.

A.G.U.A. Program: “Spain has obtained water from marines water since

30 years ago (from 1965, in Lanzarote). Nowadays there are more than 700 factories working. Equipments can produce more than 800.000 m3/day (47,1% from coastal waters)”.

Foreseen actions in the Mediterranean coast will increase the resources produced in 1.100 Hm3/year. Invesment is higher than 3.900.000.000 €. Next actions have been declared urgent:

  Nº de actuaciones Aportación Hm3/año Inversión

C.H. del Sur 17 312 554 mill. €

C.H. del Segura 24 336 1.336 mill. €

C.H. del Júcar 40 270 798 mill. €

C.H. del Ebro y C.I. de Cataluña 24 145 1.110 mill. €

Channels in Doñana National ParkDam in Trefilerías (Cantabria)

Dam in Butrera (Trema river, Burgos)Dam in Ladrillar (Cáceres)

Combined approach implementation.With regard to pollution prevention and control,

Community water policy should be based on a combined approach through the setting of emission limit values and of environmental quality standards. Emission limits values: control of pollution at source or concentration

and/or level of an emission, which may not be exceeded. Quality standards: control of global pollution at natural resource

which receives the pollution.Comparison with former Directives: the paralell

approach. Art. 174.2 ECT: “…environmental damage should as a priority be

rectified at source”.

Was it reliable to mantain a control based on one kind of standandars?

This is also the way others environmental Directives go on: the IPPC Directive is the best example.

Towards a higher level of protection. Art. 191.2 EUT: “Community policy on the environment shall aim at

a high level of protection taking into account the diversity of situations in the various regions of the Community”.

Stand still principle: a common clause with a relative effectiveness. Art. 4.1.a).i) WFD: “Member States shall implement the necessary measures to

prevent deterioration of the status of all bodies of surface water”. Art. 4.9 WFD: “Steps must be taken to ensure that the application of the new

provisions, including the application of paragraphs 3, 4, 5, 6 and 7, guarantees at least the same level of protection as the existing Community legislation”.

Art. 11.6 WFD: “In implementing measures pursuant to paragraph 3, Member States shall take all appropriate steps not to increase pollution of marine waters. Without prejudice to existing legislation, the application of measures taken pursuant to paragraph 3 may on no account lead, either directly or indirectly to increased pollution of surface waters”.

The new Directives have to regulate increasing levels of protection. Art. 22.6 WFD: “For bodies of surface water, environmental objectives established under the first river basin management plan required by this Directive shall, as a minimum, give effect to quality standards at least as stringent as those required to implement Directive 76/464/EEC”.

The use of this principle is common in all the european environmental Directives.

Could be possible to approve a new Directive which derogate former norms with not stricter level of protection? Would it agree with the Treaty?

Science and technique dependence.The increasing protection implies neccesarily to

depend on the state of science and technique to improve the quality and emission standars. Pursuant to art. 174 ECT, in preparing its policy on the environment, the Community is to take account of available scientific and technical data.The emission controls based on best available

techniques (BAT clauses) (art. 10.1 WFD).Technical adaptations to the Directive in accordance

with scientific and technical progress (art. 20 WFD).All the modern environmental Directives include

BAT or BATNEEC clauses and technical adaptations requirements, apart from remissions to technical norms.

How the science and technique influence changes the democratic legitimation of the Government and Administration?

The use of economic instruments. The principle of recovery of the costs of water services,

including environmental and resource costs associated with damage or negative impact on the aquatic environment should be taken into account in accordance with, in particular, the polluter-pays principle.

Art. 9.1 WFD: “Member States shall take account of the principle of recovery of the costs of water services, including environmental and resource costs”. However, the proposal for a framework Directive included an

obligation much stricter, impossing the full recovery costs. Water services: abstraction, storage, treatment and distribution of surface

water or groundwater, and waste-water collection and treatment facilities which subsequently discharge into surface water as well.

Art. 174.2 ECT: polluter pay principle vs. user pay principle.

In other environmental Directives is common the use of other economic instruments: emission permits market, voluntary requirements, voluntary agreements, etc.

Does it mean that in advanced the typical prescritive norms will be substituited by the exclusive use of economic instruments?

Recovery cost principle.

European Law and a new water management authority and planning.

River basin district (RBD): River basins. Marine waters. Protected areas.

RBD plan and programme ofmeasures.

Competent authorities: Inner or national RBD. International RBD. Transeuropean RBD.

GREEN - River Basin Management Plans adopted.YELLOW - consultations finalized, but awaiting adoption. RED - consultation have not started or ongoing.