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Full Journal of Contemporary Water Research and Education, Issue ...

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65UNIVERSITIES COUNCIL ON WATER RESOURCESJOURNAL OF CONTEMPORARY WATER RESEARCH & EDUCATIONISSUE 135, PAGES 65-73, DECEMBER 2006Implementing the <strong>Water</strong> Framework Directive:How to Define a “Competent Authority”Colin Green 1 <strong>and</strong> Amalia Fernández-Bilbao 21 Flood Hazard <strong>Research</strong> Centre, Middlesex University, UK; 2 Collingwood Environmental Planning, London, UKThe European Union (EU) <strong>Water</strong> FrameworkDirective (WFD) has the overall objective<strong>of</strong> achieving good ecological status for allwater bodies by 2015. It is up to the individualMember States to designate a “CompetentAuthority” that will be responsible for preparing<strong>and</strong> implementing River Basin Management Plansfor each River Basin District, that is, the new unit<strong>of</strong> management <strong>of</strong> water resources introduced bythe directive.In addition to environmental st<strong>and</strong>ards, the<strong>Water</strong> Framework Directive requires publicparticipation <strong>and</strong> cost recovery from primarywater uses, including environmental costs, aspart <strong>of</strong> the River Basin process. The requirementsfor public participation in the <strong>Water</strong> FrameworkDirective are not as strong as those contained inthe Aarhus Convention (United Nations EconomicCommission for Europe 1998) which requirespublic participation in environmental matters tobe guaranteed. Active involvement is only to be“encouraged” according to Article 14 <strong>of</strong> the <strong>Water</strong>Framework Directive (European Commission2000).If stakeholder engagement is to be meaningful,it has to include defining priorities. This is inconflict with both economic analysis, whichclaims to be able to determine not only appropriatepriorities but also the optimal outcome, <strong>and</strong> alsowith the fixed st<strong>and</strong>ards defined by the directive.Economic analysis claims to be able to determinewhat the optimum water quality st<strong>and</strong>ards are <strong>and</strong>this also conflicts with the fixed st<strong>and</strong>ards in theDirective (Green 2003). The <strong>Water</strong> FrameworkDirective consequently embodies a series <strong>of</strong>internal contradictions that had already becomeapparent during the development phase <strong>of</strong> the text(Kaika 2003).In an attempt to solve these contradictions,the final text <strong>of</strong> the directive introduces scope forexceptions <strong>and</strong> derogations. Member States areallowed to take into account the local geographical<strong>and</strong> climatic conditions as well as economic,social, <strong>and</strong> environmental impacts <strong>of</strong> full pricingpolicies (European Commission 2000). There isalso the option <strong>of</strong> not applying full cost recoveryto a specific water use (Lanz <strong>and</strong> Scheuer 2001)<strong>and</strong> under Article 4.4, the deadlines to achievethe environmental objectives can be extendedto a maximum <strong>of</strong> two updates <strong>of</strong> the river basinmanagement plan, that is 12 years, as the plansmust be updated every 6 years. The directivegives a list <strong>of</strong> reasons such as technical feasibility,disproportionate costs, <strong>and</strong> natural conditions.Hence, the key principles to improve the state <strong>of</strong>Europe’s waters are also the source <strong>of</strong> importantcontradictions that may cause the implementation<strong>of</strong> the <strong>Water</strong> Framework Directive to become anendless process <strong>of</strong> obtaining derogations <strong>and</strong>exceptions, which may result in the relaxation <strong>of</strong>the targets defined in the directive.Successful implementation <strong>of</strong> the <strong>Water</strong>Framework Directive could be measured ultimatelyin terms <strong>of</strong> achieving the environmental objectives<strong>and</strong> avoiding delays <strong>and</strong> relaxation <strong>of</strong> thosetargets. We argue that in order to be successful,the institution chosen to carry out the RiverBasin Planning (RBP) process needs to be able toinfluence other key stakeholders. The competentauthority will also have to provide a forum inwhich to involve all the stakeholders relevant toriver basin planning.JOURNAL OF CONTEMPORARY WATER RESEARCH & EDUCATIONUCOWR

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