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International and European Water Law

Modul MWW16

Integrated Water Resource Management

(IWRM)

20 June 2012, TU Dresden

Dr. iur. Juliane Albrecht

Leibniz Institute of Ecological Urban and Regional

Development (IOER)

www.ioer.de

Dr. Albrecht, International and European Water Law, 20.6.12

1. Sources of Water Law

Hierarchy of Legal Sources:

International Law

European Law

National Law

International Law forms the top of whole legal system; broadening downwards to

the level of European law and national law.

Cascading down, the regulations of the higher level become concretised and

substantiated step by step.

I n t e r n .

L a w

E u r o p e a n L a w

N a t i o n a l L a w

I n t e r n .

L a w

E u r o p e a n L a w

N a t i o n a l L a w

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Structure

International Water Law

European Water Law

Water Framework Directive (WFD)

Floods Directive (FD)

Coordinating WFD and FD

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1. International Water Law

Structure

Sources of International Law

Customary International Law

International Conventions

Soft law

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Sources of International Law

Sources of International Law (cf. Art. 38 Statute of the International Court of

Justice):

International conventions, whether general or particular, establishing

rules expressly recognized by the states

International custom, as evidence of a general practice accepted as law

The general principles of law recognized by civilized nations.

The rules of soft law (e. g. resolutions and declarations of international

institutions, action plans) are part of international law, too.

They are quasi-legal instruments which do not have any legally binding force,

or whose binding force is somewhat "weaker" than the binding force of

traditional “hard” law (UNEP 2010, p. 18).

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Customary international law

Principles of Territorial Sovereignty and Integrity

Territorial Sovereignty: Enables states to act unrestricted within their territory

Territorial Integrity: Protects states from impacts originating from territories

of third states

Principle of Good Neighbourliness (Art. 74 United Nations Charter)

States have to consider the interest of neighbouring states in decisions

having substantial trans-border impacts.

Prohibition of substantial trans-border environmental damage

Obligation to adequate use of common inland water

Cooperative use of resource by riparian states

Adequate use may not be optimal use

Sources: Durner 2009, p. 77; Epiney 2003, p. 9

http://www.ioer.de/

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International Conventions concerning Marine Protection

Global level:

United Nations Convention on the Law of the Sea (UNCLOS)

Convention on the Prevention of Marine Pollution by Dumping of

Wastes and Other Matter (London Convention)

Regional level:

Convention for the Protection of the Marine Environment of the North-

East Atlantic (OSPAR Convention) of 1992

Convention on the Protection of the Marine Environment of the Baltic

Sea Area (Helsinki Convention, HELCOM) of 1992

Agreement for Cooperation in Dealing with Pollution of the North Sea

by Oil and other Harmful Substances of 1983

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International Conventions concerning fresh water

United Nations Convention on the Law of Non-Navigational

Uses of International Water Courses of 1997

Principle of equitable and reasonable (sustainable) utilization

and participation (Art.5)

Regular exchange of data and information (Art. 9)

Consultation on planned measures (Art. 11)

UN/ECE Convention on the Protection and Use of Trans-

boundary Watercourses and International Lakes of 1992

Protection by preventing, controlling and reducing trans-

boundary impacts (Art. 2 Abs. 1)

Obligation to conclude specific bilateral or multilateral

agreements to fulfil the obligations of Art. 2 (Art. 9)

http://www.ioer.de/

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Regional Conventions

Agreements concluded by riparian states concerning individual water

bodies

International Commission for the Protection of the Rhine against Pollution

(IKSR),

International Commissions for the Protection of the Moselle and the Saar

against Pollution (IKSMS),

International Commission for the Protection of the Elbe (IKSE),

International Commission for the Protection of the Danube River (IKSDR),

International Commission for the Protection of the Odra against Pollution,

(IKSO), …

Bilateral boundary water commissions

Further information: BMU 2010b, pp. 68 et sequ.

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Soft Law: Agenda 21

Action programme for the 21th century

was adopted in 1992 at the United Nations Conference on

Environment and Development in Rio de Janeiro

In 40 chapters it describes the requirements for environmentally sound

and sustainable development in all major policy areas

Chapters 17 (protection of the oceans and seas) and 18 (fresh water

resources) are particularly relevant for water resources management

Source: BMU 2010b, p. 8

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Agenda 21: Fresh Water Resources (Chapter 18)

Management of fresh water resources is subdivided into seven

different programme areas:

Integrated planning and management of water resources,

Assessing the quantity of available water resources,

Protecting water resources, water quality and aquatic ecosystems,

Drinking water supply and sanitation,

Water and sustainable urban development,

Water for sustainable food production and rural development,

Impacts of climate change on water resources.

For each of these programme areas, objectives and measures how to

achieve these objectives are set out

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2. Water Law of the EU

To an increasing extent, issues relating to water resources management

are being decided by the European Union (EU).

Cooperation between the Member States of the European Union in the

field of water protection is extremely important, because

water protection is by definition a trans-boundary challenge, and

differences in environmental standards make it difficult to enforce a single

European market.

European Water Law has many interdependencies with international

law:

European Water Law has the function to implement international conventions

by transposing the international obligations

International conventions help to implement European law by including Non-

EU Member States into European cooperation

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• The EU is a political and economic

community of twenty-seven member

states.

• The EU has developed a single market

through a standardised system of laws,

guaranteeing the freedom of movement

of people, goods, services and capital.

• The Member States remain independent

sovereign nations but they delegate

some of their decision-making powers of

joint interest to shared institutions.

• Due to the externalities of the economic

process the common market is

accompanied by environmental

protection powers.

The European Union (EU)

Source:

http://en.wikipedia.org/wiki/European_Union

http://www.ioer.de/

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Sources of EU-Law

The EU law can be distinguished into primary law and secondary law.

The primary legislation, or treaties, are the constitutional law of the

European Union.

The secondary legislation is law made by the Institutions of the EU

under powers given to them by primary legislation in order to implement

and administer the requirements of that primary legislation.

Source: European Commission 2010

http://www.ioer.de/

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- the European Coal and Steel Community

(ECSC) Treaty of 1951 (Treaty of Paris)

- the European Economic Community (EEC)

Treaty of 1957 (Treaty of Rome)

- the European Atomic Energy Community

(EURATOM) Treaty of 1957 (Treaty of Rome)

- the Merger Treaty of 1965

- the Acts of Accession of the United Kingdom,

Ireland and Denmark (1972)

- the Budgetary Treaty of 1970

- the Budgetary Treaty of 1975

- the Act of Accession of Greece (1979)

- the Acts of Accession of Spain and Portugal

(1985)

- the Single European Act of 1986

- the Treaty of Maastricht of 1992

(Treaty of European Union, EU-Treaty, change

of the name “European Economic Community”

(EEC) to simply "European Community“ (EC),

EC-Treaty)

- the Acts of Accession of Austria, Sweden and

Finland (1994)

- the Treaty of Amsterdam of 1997

- the Treaty of Nice of 2001

- the Treaty of Accession 2003

- the Treaty of Accession 2005

- the Treaty of Lisbon 2009 amends the EU-

Treaty and the EC-Treaty. The EC-Treaty was

renamed to Treaty on the Functioning of the

European Union (FEU-Treaty).

Primary Law

The EU is based on a series of treaties which have built up the current

structure by successive additions and amendments (“primary law”):


http://www.ioer.de/

http://en.wikipedia.org/wiki/European_Coal_and_Steel_Community




http://en.wikipedia.org/wiki/EURATOM



http://en.wikipedia.org/wiki/Single_European_Act

http://en.wikipedia.org/wiki/Treaty_of_Maastricht

http://en.wikipedia.org/wiki/Treaty_of_Amsterdam

http://en.wikipedia.org/wiki/Treaty_of_Nice

http://en.wikipedia.org/wiki/Treaty_of_Amsterdam

http://en.wikipedia.org/wiki/Treaty_of_Accession_2005

www.ioer.de


Primary Law

i.e. the treaties …

are the foundation of everything the EU does

are created by governments from all EU Member States acting by

consensus

establish its institutional structure, legislative procedures, and the

powers of the Union.

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In the Lisbon Treaty the distribution of competences in various policy areas between

Member States and the Union is explicitly stated in the following three categories:

Exclusive competence:

The EU has exclusive competence

to make directives and conclude

international agreements when

provided for in a Union legislative

act. (Art. 3 FEU-Treaty)

• the customs union

• the establishing of the

competition rules necessary for

the functioning of the internal

market

• monetary policy for the Member

States whose currency is the euro

• the conservation of marine

biological resources under the

common fisheries policy

• common commercial (trade)

policy

Shared Competence: Member States cannot exercise

competence in areas where the

Union has done so.

(Art. 4 FEU-Treaty)

• the internal market

• social policy

• economic, social and territorial

cohesion

• agriculture and fisheries,

• environment

• consumer protection

• transport

• trans-European networks

• energy

• the area of freedom, security

and justice

• common safety concerns in

public health matters

Supporting Competence: The Union can carry out

actions to support, coordinate

or supplement Member

States' actions.

(Art. 6 FEU-Treaty)

• the protection and

improvement of human health

• industry

• culture

• tourism

• education, youth, sport and

vocational training

• civil protection (disaster

prevention)

• administrative cooperation

Source: http://en.wikipedia.org/wiki/European_Union (modified)

http://www.ioer.de/

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Article 191 FEU-Treaty (ex Article 174 EC-Treaty)

(1) Community policy on the environment shall contribute to pursuit of the following

objectives:

• preserving, protecting and improving the quality of the environment,

• protecting human health,

• prudent and rational utilisation of natural resources,

• promoting measures at international level to deal with regional or worldwide

environmental problems, and in particular combating climate change.

(2) 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. It shall be based on the precautionary principle and on the

principles that preventive action should be taken, that environmental damage

should as a priority be rectified at source and that the polluter should pay.

…

Competence for environment

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1. The European Parliament and the Council, acting in accordance with the

ordinary legislative procedure and after consulting the Economic and Social

Committee and the Committee of the Regions, shall decide what action is to

be taken by the Union in order to achieve the objectives referred to in Article

191.

…


The protective measures adopted pursuant to Article 192 shall not prevent any

Member State from maintaining or introducing more stringent protective

measures. Such measures must be compatible with this Treaty. They shall be

notified to the Commission.

Competence for environment

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The EU's decision making process involve three main institutions:

1. the European Parliament, which represents the EU’s citizens and is directly

elected by them;

2. the Council of the European Union, which represents the individual

member states and

3. the European Commission, which seeks to uphold the interests of the Union

as a whole.

This ‘institutional triangle’ produces the policies and laws of the EU.

In principle, it is the Commission that proposes new laws, but it is the Parliament

and Council that adopt them.

Institutions of the European Union

Source: European Union 2011

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There are a number of legislative instruments available to the EU institutions within the

EU's competence (“secondary law”).

The three main types of secondary legislation are Regulations, Directives and Decisions,

defined in Art. 288 FEU-Treaty (ex Article 249 EC-Treaty).

Regulations are legislative acts which become law in all member states the moment they

come into force, without the requirement for any implementing measures. Once in force

their contents automatically override conflicting domestic provisions (direct effect!).

Directives require member states to achieve a certain result while leaving them discretion

as to how to achieve the result within a certain time period (most common in environmental

law!).

The Council and the Commission may publish in the official journal a decision, notified to a

particular addressee, such as an individual trader or a company (most common in

competition law!).

Secondary Legislation


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For the past 35 years, EU law has been increasingly replacing national

legislation concerning water use and protection:

(1) General legislative acts on the protection of water and water bodies

- Surface Water Directive (75/440/EEC)

- Dangerous Substances Directive (76/464/EEC)

- The Groundwater Directive (80/68/EEC), …

(2) Acts aimed at controlling commercial activities with a strong influence on water

quality

- Nitrates Directive (91/676/EEC)

- Pesticide Directive (94/414/EC), …

(3) Environmental acts directly regulating municipal activities in the water and waste

water sector

- Urban Waste Water Directive (91/271/EEC)

- Drinking Water Directive (98/83/EC)

(4) The Water Framework Directive (overarching legislative undertaking)

(5) The Floods Directive

Secondary legislation in the field of Water Management

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Structure

• Background

• Objectives of Art. 4

• Planning instruments

• Cooperation in river basins

• Public consultation

• Implementation process

3. Water Framework Directive

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• “Directive 2000/60/EC establishing a framework for Community action in

the field of water policy”

• The WFD is an attempt to improve and consolidate EU water legislation

in the face of continued severe problems with the status of European

waters and the implementation of earlier EU water directives.

• Its main purposes are

• the protection and improvement of the aquatic environment and

• to contribute to a sustainable, balanced and equitable water use

(Article 1).


Source: Hall et al. 2004

http://www.ioer.de/

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• The WFD is in many ways breaking new ground in environmental legislation:

• Innovative instruments have been introduced such as

• an ecology-based assessment of water status,

• river basins as administrative planning units,

• pronounced public information and consultation requirements and,

• the use of financial instruments in its implementation.

• Since the directive is aimed at all water users in a given river basin, water

supply and waste water operators will be fully integrated in the

implementation process

• However: the WFD is solely an environmental directive and the economic

elements are devised to support that objective.


Source: Hall et al. 2004

http://www.ioer.de/

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• Non deterioration,

Art. 4 (1) a) i) WFD

• Good Status until 2015,

Art. 4 (1) a) ii), iii) WFD

Surface Waters Groundwater

„Environmental Objectives“ Art. 4 WFD

• Non deterioration,

Art. 4 (1) b) i) WFD

• Good Status until 2015,

Art. 4 (1) b) ii) WFD

• Trend Reversal,

Art. 4 (1) b) iii) WRRL

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Surface Water Groundwater

Good ecological

Status / Potential

Art. 2 No. 22 / 23

Good chemical

Status

Art. 2 No. 24

Good chemical

Status

Art. 2 No. 25

Good quantitative

Status

Art. 2 No. 28

„Good Status“

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Surface Water: Good Ecological Status (1)

… status of a body of surface water, so classified in accordance with Annex V (Art 2 No.

22 WFD):

1. Characterisation of surface water body types, Annex II

Background: surface water bodies vary strongly in terms of shape, water flow, and flora

and fauna

Assign water bodies to certain types to simplify assessment of the good status

a) Assign water bodies to the following surface water categories, Annex II No. 1.1 i)

rivers (> 10 qkm catchment area)

lakes (> 0,5 qkm)

transitional waters

coastal waters

artificial or heavily modified surface water bodies

b) Within the surface water categories: distinguish water types, Annex II Nr. 1.1 ii)

main factors: climate, relief and substrate

waterbody types with characteristical fauna and flora in the status without anthropogenic influence

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Surface Water: Good Ecological Status (2)

2. Classification of ecological status according to water body types,

Annex V No. 1.1 (5 classes of the status: high, good, moderate, poor, bad)

a) Biological Elements

Composition and abundance of aquatic flora

Composition and abundance of benthic invertebrate fauna (Macrozoobenthos)

Composition and abundance and age structure of fish fauna

b) Hydro-morphological Elements

Hydrological regime (quantity and dynamics of water flow, connection to groundwater bodies)

River continuity

Morphological conditions

c) Chemical and Physico-Chemical Elements

General (Thermal conditions, Oxygenation conditions, Salinity, Acidification status, Nutriant conditions)

Specific Pollutants (Pollution by all priority and other substances identified as being discharged into the water body)

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Surface Water: Good ecological potential

Alternative objectives for heavily modified or artificial water bodies (Art. 2 No. 23

WFD)

To acknowledge existing water uses in conflict with the environmental targets,

where alternative ways are not feasible or not proportional

has to be assigned for every water body individually (potential of restoration!)

• Artificial water body: surface water body created by human activity (Art. 2 No. 8 WFD)

• Heavily modified water body: a body of surface water which as a result of physical alterations by

human activity is substantially changed in character (Art. 2 No. 9 WFD)

• Preconditions for the designation as artificial or heavily modified, Art. 4 (3) WFD

1. The changes to the hydro-morphological characteristics of that body which would be

necessary for achieving good ecological status would have significant adverse effects on

certain water uses and

2. The beneficial objectives served by the artificial or modified characteristics of the water body

cannot, for reasons of technical feasibility or disproportionate costs, reasonably be achieved by

other means which are a significantly better environmental option

http://www.ioer.de/

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Surface Water: Good chemical status

… concentrations of pollutants do not exceed the environmental quality

standards established … under Article 16 (7) WFD and under other

relevant EU legislation setting environmental quality standards (Art 2

No. 24 WFD).

Art 16 (7) WFD: Quality Standards applicable to the concentrations

of the priority substances in surface water, sediments or biota

Priority substances: … those which present a significant risk to or via the aquatic environment, Art 16 (2) WFD,

Identification of the priority hazardous substances, Art 16 (3) WFD

Decision No. 2455/2001/EC: List of priority substances (Annex X WFD)

Designation of the quality standards in the Environmental Quality Standards (EQS) Daughter-Directive (2008/105/EC)

Other relevant EU legislation setting environmental quality

standards

Nitrates Directive

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Groundwater: Good chemical status (1)

… the chemical status of a body of groundwater, which meets all the

conditions set out in table 2.3.2 of Annex V (Art 2 No. 25 WFD).

no saline or other intrusions

the quality standards applicable under other Community legislation in

accordance with Art. 17 WFD are not exceeded -> Groundwater-

Daughter-Directive (2006/118/EC)!

no failure to achieve the environmental objectives specified under

Article 4 for associated surface waters

no significant diminution in the status of such waters

no significant damage to terrestrial ecosystems which depend directly

on the groundwater body

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Groundwater: Good chemical status (2)

Quality standards of the Groundwater

Daughter-Directive (2006/118/EC)

Throughout the EU

binding „Quality

standards“

Art 3 (1) a) and Annex I

“Threshold values” to be established

by Member States

Art 3 (1) b) and Annex II

Substances which may

occur both naturally and/

or as a result of human

activities (Ann. II B No.1)

Man-made synthetic

substances

(Annex II B No. 2)

- Arsenic

- Cadmium

- Lead

- Mercury

- Chloride

- Sulphate

- Trichloroethylene - Tetrachloroethylene

- 0,1 µg/l pesticides

- 0,5 µg/l pesticides

(sum of all individual

pesticides)

- 50 mg/l Nitrates

http://www.ioer.de/

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Groundwater: Good quantitative status

… the status defined in table 2.1.2 of Annex V (Art 2 No. 28 WFD).

the available groundwater resource is not exceeded by the long

term average rate of abstraction

no saltwater or other intrusion

no failure to achieve the environmental objectives specified under

Article 4 for associated surface waters

no significant diminution in the status of such waters

no significant damage to terrestrial ecosystems which depend directly

on the groundwater body

http://www.ioer.de/

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Exemptions to the Environmental Objectives (1)

1. Extensions of the deadline, Art. 4 (4) WFD

1. for reasons of technical feasibility or

2. Disproportional costs or

3. Natural conditions do not allow timely improvement

Extensions of the deadline by maximum 12 years, beyond this time only for

reasons of natural conditions

2. Less stringent objectives, Art. 4 (5) WFD

1. Water bodies are so affected by human activity or their natural condition is

such that the achievement of these objectives would be infeasible or

disproportionately expensive and

2. The environmental and socioeconomic needs served by such human

activities cannot be achieved by other means which are a significantly better

option and

3. For surface water, the highest status possible and for groundwater, the least

possible changes to good status are achieved and

4. No further deterioration occurs in the status of the affected water body

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Exemptions to the Environmental Objectives (2)

3. Temporary deterioration due to exceptional or unforeseeable

circumstances, Art. 4 (6) WFD

1. All practicable steps are taken to prevent further deterioration

2. Declaration of the circumstances including the measures to be taken in the

river basin management plan and in the programmes of measures

3. Annual reviewing of the effects of the circumstances, restoring the water

body to its status prior

4. New Modifications, Art. 4 (7) WFD

1. Failure to achieve good status is the result of new modifications to the

physical characteristics of a surface water body or alterations to the

level of a groundwater body or

2. Failure to prevent deterioration in the status of a surface water body is the

result of new sustainable human development activities, if

mitigation of the adverse effects and

the reasons for those modifications or alterations are of overriding

public interest and cannot be achieved by other means with a better option

http://www.ioer.de/

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Planning Instruments

Programmes of Measures,

Art. 11 WFD

River Basin Management Plans,

Art. 13 WFD

Basic Measures (para. 3)

• Compliance with other EC (Water)

Directives, obligatory

• authorisation or registration of water

uses and discharges

• Prevention of accidental pollution

etc

Supplementary Measures (para. 4)

• Have to be designed and

implemented if the the basic

measures are not sufficient to

achieve the objectives of Art 4

• Annex VI: non-exclusive list of such

measures

Contain the following elements, e.g.

• Characteristics of the river basin

district,

• Summary of significant pressures

and impact of human activity on the

status of water,

• Map of the monitoring networks

established and of the results of

the monitoring programmes,

• List of the environmental objectives

established under Art 4,

• Summary of the programmes of

measures, etc.

• Measures of public consultation

http://www.ioer.de/

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River Basins as administrative planning units (Art 3 WFD)

1. River Basins and River Basin Districts

River basin: area of land from which all surface run-off flows into the sea („from spring to estuary“), Art. 2 No. 13 WFD

River basin district: main unit for management of river basins, Art 2 No. 15 WFD

Necessity of cross-boarder cooperation

2. Coordination within River Basin Districts

National River Basin Districts, Art. 3 (2) WFD:

Establishment of appropriate adminstrative arrangements

Identification of the appropriate competent authority

International River Basin Districts, Art. 3 (3) to (5) WFD:

Within EU-Member States: coordination obligatory

Non-EU-Member States involved: Member States „shall endeavour“ to establish appropriate coordination

http://www.ioer.de/

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Germany:

10 River Basin Districts

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Public Consultation (Art. 14 WFD)

Water authorities are unable to meet the objectives of the WFD on their

own; they have to engage with the public and win the support of

decision-makers in fields relevant to the implementation of the WFD.

Member States shall encourage the active involvement of all interested

parties in the implementation of this Directive, in particular in the

production, review and updating of the river basin management plans

(Art. 14 WFD).

The public is entitled to comment

1. on the timetable and work programme for the production of the plan,

2. on an interim overview of the significant water management issues identified in the

river basin, and

3. on draft copies of the river basin management plan.

On request, access must be given to background documents and information used for

the development of the draft river basin management plan.

http://www.ioer.de/

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Schedule for implementation of the WFD

WFD: Coming

into Force

(22/12/2000)

Environmental

and Economic

Analysis

Monitoring

of prior

assumptions

River Basin Mana-

gement Plans /

Programmes

of measures

Implementation

programmes of

measures

Objective:

„Good Status“

12/2004

12/2006

12/2012

12/2009

12/2015

Updating o

f th

e R

iver

Basin

Managem

ent

Pla

ns e

very

6 y

ears

12/2003: Legal

Transposition/

Arrangements

http://www.ioer.de/

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Results of the Initial Analysis (1)


The actual percentage of water bodies meeting all the WFD objectives is low:

http://www.ioer.de/

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Results of the Initial Analysis (2)

• The most significant and widespread pressures are

• diffuse pollution,

• physical degradation of water ecosystems and,

• particulary in Southern Europe, overexploitation of water.


http://www.ioer.de/

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Establishment of the Programmes of Measures and

of the River Basin Management Plans

River Basin Management Plans should

since 22.12.2009 be available in all

River Basin Districts across the EU.

There are however serious delays in

some countries of the EU:

GREEN - River Basin Management

Plans adopted.

YELLOW - consultations finalised, but

awaiting adoption.

RED - consultation have not started or

ongoing.


http://www.ioer.de/

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Outlook until 2015 and beyond

Reasons for failure of the “good status” in 2015:

Long retention time of groundwater body water (e. g. time lag before measures to reduce nutrient concentrations begin to have an effect).

Long retention time of aquatic ecosystems (e. g. regarding the return of species to river segments that have been restored to a more natural state)

Technical infeasibility and disproportionately high costs

It will take the continuous effort of at least one whole generation to realise the aims of the WFD.

exemptions from the good status will constitute the rule rather than the

exception (Petersen et al. 2009, p. 2062).

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Conclusions

The current status of the European water bodies highlights the

enormous challenges which water management authorities face in

achieving a good water status.

However, the implementation of the directive has indeed brought new

impetus to water management:

The deficits of the (ecological) water status have been identified,

information and data collected,

cross-border cooperation strengthened and

public awareness raised by the consultation processes.

It remains to be seen whether the new planning instruments ultimately

prove sufficient to attain the desired status for European water bodies.

The area-wide establishment of cross-border, coordinated programmes

and plans can already be regarded as successful.

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Structure:

1. Background

2. Objectives of flood risk management

3. Preliminary Assessment

4. Flood maps

5. Flood risk management plans

4. Floods Directive (FD)

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Floods Directive

„Directive 2007/60/EC of 23 October 2007 on the assessment and

management of flood risks“

Background:

Floods are natural phenomena which cannot be prevented

however: human activities and climate change contribute to an increase

in the likelihood and adverse impacts of flood events

in the WFD flood risk management is not directly addressed:

reducing the risk of floods is not one of the principal objectives

the WFD will only contribute to mitigating the effects of floods

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Objectives regarding the management of flood risks?

(-), because:

• throughout the Community different types of floods occur:

• river floods

• flash floods

• urban floods

• floods from the sea in coastal areas

• the damage caused by flood events may also vary across the countries and

regions

objectives are determined by the Member States themselves based on

local and regional circumstances

Floods Directive

Art. 7 (2) FD: Member states shall focus on the mitigation of vulnerability of

certain protected items and the mitigation of the hazard of flooding.

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Floods Directive

Coordination of administrative arrangements within river basin districts

(Art. 3), …. make use of the arrangements made under WFD

3 Instruments of flood risk management:

Preliminary flood risk assessment (Art. 4, 5)

Flood maps for areas identified under Art. 5 (Art. 6)

Flood risk management plans (Art. 7, 8)

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Preliminary flood risk assessment (Art. 4, 5 FD)

Background:

Flood risks in certain areas within the Community could be considered not to be

significant (for example in thinly populated or unpopulated areas or in areas with

limited economic assets or ecological value).

In each river basin district the flood risks and need for further action should be

assessed.

Art. 4 FD: Assessment of potential risks including:

maps of the river basin district at the appropriate scale

description of the floods which have occurred in the past and which had

significant adverse impacts on human health, the environment, the cultural

heritage and economic activity and for which the likelihood of similar future

events is still relevant

Art. 5 FD: Identification of areas with potential significant flood risks

Assessment shall be completed by 2011

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Flood maps (Art. 6 WFD)

Preparation of flood maps for areas identified under Art. 5

Flood hazard maps (Art. 6 para. 3, 4 FD):

Shall cover the geographical areas which could be flooded according to scenarios with

a low, medium or high probability

For each scenario shall be shown the flood extent, water depths or water level and the

flow velocity or the relevant water flow

Flood risk maps (Art. 6 para. 5 FD):

Shall show the potential adverse consequences associated with the flood scenarios

Number of inhabitants and type of economic activity potentially affected, installations

which might cause accidental pollution in case of flooding, potentially affected

protected areas, …

Maps shall be completed by 2013

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Flood risk management plans (Art 7, 8 FD)

Include all relevant steps of flood risk management (cf. part A of the Annex FD):

conclusions of the preliminary flood risk assessment,

areas for which potential significant flood risks exist

flood hazard maps and flood risk maps

description of the objectives of flood risk management

measures and their prioritisation

description of the monitoring regarding the implementation process

summary of the public information and consultation measures

list of competent authorities

Plans shall be completed by 2015.

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5. Coordinating the WFD and the FD

Due to the fact that both the WFD and the FD relate to the same river basins and

water bodies, there is much overlap between the directives.

The FD accounts for the overlap with the WFD by the concept of integrated

river basin management (cf. 17th recital of the FD).

Art. 9 FD requires that the Member States in general should take effort to

achieve synergies and mutual benefits with respect to the environmental

objectives of Art. 4 WFD.

Planning steps needing special coordination (Art. 9 FD):

1. Initial analysis designated by Art. 5 WFD as well as the contents of the

flood maps (No.1),

2. River basin management plans and flood risk management plans (No.2)

3. Public consultation (No.3).

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Coordinating Initial Analysis/Flood Maps

Art. 9 No. 1 FD:

„The development of the flood maps and their subsequent reviews

shall be carried out in such a way that the information they contain is

consistent with relevant information presented according to

WFD“ (i.e. the initial analysis)

Consistency in the sense of Art. 9 FD means, that there are no

contradictions between the initial analysis designated by the WFD and

the information of the flood maps.

Coordination requires primarily harmonised pools of data as well as

the use of compatible assessment parameters.

Interfaces between the used data and parameters have to be

identified

Source: Albrecht & Wendler 2009

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Coordinating Planning Documents

Article 9 No. 2 FD:

„The development of the first flood risk management plans and their

subsequent reviews shall be carried out in coordination with, and may

be integrated into, the reviews of the river basin management plans“

the differing objectives of WFD and FD may produce synergies but also

conflicts

Synergies: Improvement of retention in the river basin area

Conflicts: Technical flood protection structures (e. g. dikes, dams)

Authorities are provided with discretionary power to achieve synergies

and to avoid conflicts, especially:

1. setting of targets and the definition of exemptions

2. selection of appropriate measures


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Coordinating Public Consultation

Article 9 No. 3 FD:

„As far as appropriate, the active involvement of all interested parties according

to Art. 10 FD and Art. 14 WFD shall be coordinated.“

The coordination aims to prevent multiple unrelated procedures of

participation at the same planning level in parallel.

Benefit: save time and resource both for administration and the public, prevent

contradictions and achieve a better acceptance by the public

Interest in the contents of the river basin management plans and the flood risk

management plans come from the same groups, e.g.

riparian residents, water and land communities, environmental associations,

representatives of fishery, agriculture, forestry and nature conservation,

administrations, municipalities, industry and navigation, ...

Obviously, it is beneficial to use common platforms for discussion.


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Conclusions

The various overlap and interactions between the natural and

anthropogenic driving forces call for integrated river basin management.

Art. 9 FD constitutes an important legal obligation in this respect, as it

requires coordination of water management and flood risk management.

In addition to the planning steps specifically emphasized in Art. 9 FD,

there are further starting points for coordination.

implementation of the individual measures

monitoring process

Optimisation of administrative arrangements and departments

In the medium-term, the need for an integrated approach to management

of river basins should result in a merger of both directives.

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Sources (1): International Law

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Agreement for Cooperation in Dealing with Pollution of the North Sea by Oil and other Harmful Substances of 1983 (Bonn-

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