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In general, the combinations of measures that comprise a programme of measures
must be adequate to yield at least ‘good ecological status’, as defined in Annex V
(1.2):
‘The values of the biological quality elements for the surface water body type show
low levels of distortion resulting from human activity, but deviate slightly from
those normally associated with the surface water body type under undisturbed
conditions.’
Quantitative evaluation of aquatic flora and fauna is required to determine ‘biological
quality elements’. Numeric estimates of hydromorphological, chemical and
physicochemical elements supporting these biological elements are required under
Annex V (1.1).
Thus the WFD-required cost-effectiveness analysis entails identifying least-cost
combinations of measures that, if undertaken over a pre-specified time period
(typically from 2010 to 2015), will yield some pre-specified quantifiable water
resource management objective. Given that the information and data generation
resources necessary to determine current water body conditions are typically scarce
in Member States, as are the resources to determine the effectiveness of various
management measures in reducing the impacts of the various pressures causing
these conditions, Annex II (1.5) of the WFD provides that:
‘Member States may utilise modelling techniques to assist in such an assessment…
to optimise the design of…the programmes of measures required under Article 11.’
However, whereas the identification of cost-effective POMs is a requirement of the
WFD, the implementation of the least-cost combinations of measures is not a rigid
requirement. With regard to the establishments, economic sectors or subsectors,
or jurisdictions that pay the costs of water services such as potable water supply,
sewage treatment, or diffuse pollution mitigation, Article 9 of the WFD states that:
‘Member States shall ensure by 2010 an adequate contribution of the different
water uses, disaggregated into at least industry, households, and agriculture, to the
recovery of costs of water services, based on the economic analysis conducted
according to Annex III and taking account of the polluter pays principle. Member
States may in doing so have regard to the social, environmental and economic
effects of the recovery…’
Further, explicit measures that have already been transcribed into State or jurisdictional
administrative law from the 11 EU Directives enumerated in Part A of Annex VI of
the WFD (termed ‘basic measures’) are ‘to be included within the programmes of
measures’, regardless of their relative cost-effectiveness. Thus, technically, the WFD
implicitly requires that a constrained cost-effectiveness analysis be undertaken as a
prerequisite to the formulation of POMs, where constraints to the cost-minimisation
might include:
1) full implementation of measures that are not comparatively cost effective; and
2) limitations on the proportions of total costs of water services each establishment,
economic sector or subsector, or jurisdiction is required to contribute via
implementation of measures.
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