• Nenhum resultado encontrado

Measures and Procedures

No documento River System Traisen / Lower Austria) (páginas 37-45)

3.1 The European Water Framework Directive

3.1.3 Measures and Procedures

The European Water Framework Directive consists of a complex system of rules concerning procedures, measures and time limits. The following sections give an overview of the main points with the focus on rivers and hydromorphology.

3.1.3.1 River Basin Districts

According to the Water Framework Directive Member States have to assign the river catchments within their national territory to individual river basin districts. ‘River basin district’

is defined as “the area of land and sea, made up of one or more neighbouring river basins together with their associated groundwaters and coastal waters, which is identified as the main unit for management of river basins”.

The Water Framework Directive requires that “each Member State ensures that for each river basin district or for the portion of an international river basin district falling within its territory:

- an analysis of its characteristics,

- a review of the impacts of human activity on the status of surface waters and on groundwater, and

- an economic analysis of water use is undertaken and that it is completed at the latest four years after the date of entry into force of the Directive.

These analyses and reports have to be reviewed, and if necessary updated at the latest 13 years after the date of entry into force of the Water Framework Directive and every six years thereafter” (European Commission 2000).

3.1.3.2 Characterization of Surface Water Body Types

After the identification of the location and boundaries of bodies of surface water, the Member States have to carry out a first characterization of all these water bodies using the following methodology (cf. European Commission 2000):

1. “The surface water bodies within a river basin district are assigned to one of the surface water categories:

- rivers, lakes, transitional waters or coastal waters

- or artificial surface water bodies or heavily modified surface water bodies.

2. For each surface water category, the relevant surface water bodies within the river basin district are differentiated according to types that are defined using either “system A” or

“system B“ ( see Table 14 and Table 15).

3. System A: First, the surface water bodies within the river basin district are allotted to the relevant ecoregions. Then the water bodies within each ecoregion are differentiated by surface water body types with the help of the descriptors listed in the tables for system A.

4. If system B is used, Member States must achieve at least the same degree of differentiation as would be achieved using system A. The surface water bodies within the river basin district are differentiated into types using the values for the obligatory descriptors and such optional descriptors, or combinations of descriptors, as are required to ensure that type specific biological reference conditions can be reliably derived.

5. For artificial and heavily modified surface water bodies the differentiation is undertaken in accordance with the descriptors for whichever of the surface water categories most closely resembles the heavily modified or artificial water body concerned.

6. Member States have to submit to the Commission a map or maps (in a GIS format) of the geographical location of the types consistent with the degree of differentiation required under system A” (European Commission 2000).

Table 14: Ecoregions and Surface Water Body Types: Rivers - System A.

(European Commission 2000)

Fixed typology Descriptors

Ecoregion Ecoregions shown on map A in Annex XI of

the Water Framework Directive

Type Altitude typology

high: >800 m

mid-altitude: 200 to 800 m lowland: <200 m

Size typology based on catchment area small: 10 to 100 km2

medium: >100 to 1 000 km2 large: >1 000 to 10 000 km2 very large: >10 000 km2

Geology: calcareous, siliceous, organic

Table 15: Ecoregions and Surface Water Body Types: Rivers - System B.

(European Commission 2000)

Alternative characterisation Physical and chemical factors that determine the characteristics of the river or part of the river and hence the biological population structure and composition

Obligatory factors altitude

latitude longitude geology size Optional factors

distance from river source

energy of flow (function of flow and slope) mean water width

mean water depth mean water slope

form and shape of main river bed river discharge (flow) category valley shape

transport of solids

acid neutralising capacity

3.1.3.3 Type-specific Reference Conditions for Surface Water Body Types

“For each characterized surface water body type (see 3.1.3.2 Characterization of Surface Water Body Types) type-specific hydromorphological and physicochemical conditions have to be established representing the values of the hydromorphological and physicochemical quality elements for that surface water body type at high ecological status (see Appendix A).

Furthermore, type-specific biological reference conditions are determined that illustrate the values of the biological quality elements for that surface water body type at high ecological status (see Appendix A).

If the procedures set out in this section are applied to heavily modified or artificial surface water bodies they do not refer to the high ecological status but to the maximum ecological potential (see Appendix A). The values for the maximum ecological potential for a water body have to be reviewed every six years.

Type-specific reference conditions can either be spatially based or based on modelling, or are derived using a combination of these methods. Where it is not possible to use these methods, Member States can call on expert judgements to establish such conditions.

Where reliable type-specific reference conditions for a quality element in a surface water body type cannot be established due to high degrees of natural variability in that element, not just as a result of seasonal variations, it is possible to exclude that element from the assessment of ecological status for that surface water type. In such circumstances Member States have to state the reasons for this exclusion in the river basin management plan”

(European Commission 2000).

3.1.3.4 Protected Areas

“The Member States have to register all areas located within each river basin district which are requiring special protection under specific Community legislation for the protection of the surface water and groundwater or for the conservation of habitats and species directly depending on water within four years after the date of entry into force of the Directive” (see Appendix A, European Commission 2000).

3.1.3.5 Pressures and their Impacts

The Member States are bound to collect and store data about the type and the dimension of significant anthropogenic pressures on surface water bodies which are:

- pollution from urban, industrial, agricultural and other installations and activities - water extraction for urban, industrial, agricultural and other uses (including

seasonal variations, total annual demand, and the loss of water in distribution systems)

- water flow regulation and its impact on overall flow characteristics and water balances (including water transfer and diversion)

- morphological alterations - land use patterns

- other significant anthropogenic impacts

This information, together with existing data, is used to assess the probability that the water bodies do not attain the environmental quality objectives (cf. European Commission 2000).

3.1.3.6 Surface Water Status

For the assessment of the ecological status of surface water bodies a catalogue of quality elements and definitions has been worked out (European Commission 2000, see Table A-2:

Normative definitions of ecological status classifications, Appendix A).

Table 16: Quality elements for the classification of the ecological status of rivers.

(European Commission 2000)

Composition and abundance of aquatic flora Composition and abundance of benthic invertebrate fauna

Biological elements

Composition, abundance and age structure of fish fauna

Hydrological regime:

- quantity and dynamics of water flow - connection to groundwater bodies River continuity

Hydromorphological elements supporting the biological elements

Morphological conditions:

- river depth and width variation

- structure and substrate of the river bed - structure of the riparian zone

General:

- Thermal conditions - Oxygenation conditions - Salinity

- Acidification status - Nutrient conditions Chemical and physicochemical

elements supporting the biological elements

Specific pollutants:

- Pollution by all priority substances identified as being discharged into the body of water

- Pollution by other substances identified as being discharged in significant quantities into the body of water

3.1.3.7 Monitoring Programmes

The Member States have to control the ecological and chemical status of surface water, groundwater and protected areas. For this purpose monitoring programmes are designed in order to establish a coherent and comprehensive overview of water status within each river basin district for the duration of a river basin management plan (see Appendix A):

Surveillance monitoring programmes:

The information of these monitoring programmes is used to develop future monitoring programmes with a higher quality, to assess the longterm changes of natural conditions and the changes caused by human activities, and to complete and validate the impact assessment procedure.

Operational monitoring programmes:

Operational monitoring is executed to determine the status of water bodies that potentially fail the environmental objectives and to evaluate the changes of the status of such water bodies resulting from the programmes of measures.

Investigative monitoring programmes:

Investigative monitoring programmes are applied when the reason for transgression are unknown and to observe the dimension and impacts of unintended pollution. Additionally, where surveillance monitoring shows that the environmental objectives cannot be reached and operational monitoring has not already been designed to detect the causes of a water body failing to achieve the environmental objectives.

The frequencies of monitoring are depending on quality elements and the water body type.

The monitoring frequencies for hydromorphological quality elements of rivers are 6 years for continuity, continuous for hydrology, and 6 years for morphology (cf. European Commission 2000).

3.1.3.8 Classification of Ecological Status and Ecological Potential

The ecological status of assessed and monitored surface water bodies is classified with the help of a scale with 5 levels (see Table 17). The Member States have to prepare a map for each river basin district presenting the ecological status with the help of the correct colour code (European Commission 2000).

Table 17: Classification of ecological status and corresponding colour codes.

(European Commission 2000)

Ecological Status Classification Colour Code

1: high Blue

2: good Green

3: moderate Yellow

4: poor Orange

5: bad Red

In the case of heavily modified and artificial water bodies a scale with 4 levels is used for the classification. The illustration on a map is carried out with different colour codes depending on the type of water body:

Table 18: Classification of ecological potential and corresponding colour codes.

(European Commission 2000)

Colour Code Ecological Potential

Classification Artificial Water Bodies Heavily Modified Water Bodies

Good and above Equal green and light grey stripes

Equal green and dark grey stripes

Moderate Equal yellow and light grey stripes

Equal yellow and dark grey stripes

Poor Equal orange and light grey

stripes

Equal orange and dark grey stripes

Bad Equal red and light grey

stripes

Equal red and dark grey stripes

3.1.3.9 Programmes of Measures

Each Member State is obligated to establish a programme of measures for each river basin district taking account of the results of the analyses and reviews mentioned before (see 3.1.3.1 River Basin Districts) in order to achieve the environmental objectives (see 3.1.2 Environmental Objectives) at the latest nine years after the date of entry into force of the WFD and all the measures shall be made operational at the latest 12 years after that date.

The programmes of measures are reviewed, and if necessary updated at the latest 15 years after the date of entry into force of the WFD and every six years thereafter (cf. European Commission 2000).

3.1.3.10 River Basin Management Plans

The Member States have to develop river basin management plans for every river basin district and publish them within nine years after the date of entry into force of the WFD. The management plans are reviewed and updated every six years (see Appendix A).

Concerning river basin management plans the WFD provides a public information and consultation which means that:

- “a timetable and work programme for the production of the plan, including a statement of the consultation measures to be taken,

- an interim overview of the significant water management issues identified in the river basin, and

- draft copies of the river basin management plan”,

3.1.3.11 Commission Report

The Commission has to “publish a report on the implementation of the Water Framework Directive at the latest 12 years after the date of entry into force of the Directive and every six years thereafter that is submitted to the European Parliament and to the Council”.

This report includes:

- “a review of progress in the implementation of the Directive

- a review of the status of surface water and groundwater in the Community undertaken in coordination with the European Environment Agency;

- a survey of the river basin management plans including suggestions for the improvement of future plans;

- a summary of the response to each of the reports or recommendations to the Commission made by Member States;

- a summary of any developed proposals, control measures and strategies;

- a summary of the responses to comments made by the European Parliament and the Council on previous implementation reports”.

In case of “breaches of the national provisions” concerning the implementation of the WFD, the Member States determine “effective, proportionate, and dissuasive penalties”.

The Water Framework Directive entered into force when it was published in the Official Journal of the European Communities on 22 December 2000. The Member States had to enforce the laws, regulations and administrative provisions necessary to comply with the Water Framework Directive at the latest 22 December 2003 (cf. European Commission 2000).

“Member States may not always reach good water status for all water bodies of a river basin district by 2015, for reasons of technical feasibility, disproportionate costs or natural conditions. Under such conditions that have to be specifically explained in the RBMPs, the Water Framework Directive offers the possibility to Member States to engage into two further six- year cycles of planning and implementation of measures until 2021 respectively 2027”

(CIS 2002).

3.2 The Austrian Water Act and the European Water Framework

No documento River System Traisen / Lower Austria) (páginas 37-45)