WGC - GROUP 2 PROTECTED AREAS

PURPOSE Provide a common understanding of the technical and scientific implications of the WFD; Provide this in terms that can be understood by both regulators and those affected by the Directive’s implementation; Clarify the groundwater aspects of the WFD’s requirements for Protected Areas, where this is not already dealt with elsewhere, and with a particular focus on the requirements for Drinking Water Protected Areas.

DO NOT Repeat what is in existing CIS guidance; Attempt to re-write existing CIS guidance; Guess what will be in the Groundwater Daughter Directive (but keep developments under review); Produce guidance that could be seen to influence the implementation of existing Directives; Use legalistic language if this is avoidable; Produce a scientific treatise.

DO Keep it short (max 20pp + Annexes), simple and practical; Use the format adopted for other CIS guidance; Wherever possible make it consistent with existing CIS guidance; Speak to the other groups (particularly Monitoring) to ensure consistency; Make sure it can easily be amended subsequent to the approval of the GWDD.

PROTECTED AREAS UNDER WFD ANNEX IV For the abstraction of waters for human consumption under Article 7 of the WFD; For the protection of economically significant aquatic species; Recreational waters, including bathing waters under Directive 91/271/EEC; Nutrient sensitive areas, including areas designated as vulnerable zones under Directive 91/676; Protection of habitats or species where the maintenance or improvement of the status of water is an important factor in their protection, including relevant Natura 2000 sites (under 92/43/EEC and 79/409/EEC).

DRINKING WATER PROTECTED AREAS Delineation : DWPAs are whole water bodies - no flexibility (WFD and CIS guidance); tight criteria - many groundwater bodies will qualify; how do you deal with future abstractions?; Safeguard Zones can focus measures - but their delineation is optional; Safeguard Zones are smaller than DWPA; options for delineation of safeguard zones ? could use existing source protection zones or equivalent; summary of existing practice (including vulnerability), including objectives behind delineation.

ARTICLE 7 - Objectives Article 7.2 : meet requirements of Drinking Water Directive; Article 7.3 What does the objective mean? - unclear; Minimum is an aim to avoid deterioration in quality that could cause an increase in treatment : Note Article 11(3)(d) - measures to reduce treatment; Member States obtaining legal opinions; Commission/legal services view ? Compliance points - point of abstraction? but how do you protect future abstractions?

DWPA - waters and materials Determine what is “water for human consumption” potable, food processing, brewing, mineral water ?? thermal waters - bathing only; Substances rest of WFD refers to pollution by substances (chemicals) ; Art.7.3 appears to go further: microbiological agents; radioactive substances covered by Drinking Water Directive (tritium + total radioactivity). When does assessment of deterioration in quality start? not before Dec 2006, not after Dec 2008.

DWPAs - Monitoring Assume will be covered by Monitoring Group but we have some suggestions/questions; How will monitoring determine effectiveness of measures in meeting Article 7 objectives? What evidence is needed: treatment level ? - too complicated to be routine; look at significant deterioration in raw water quality then look at treatment level, if necessary; additional monitoring in safeguard zones? How do you monitor effectively for microbiological agents + radioactive substances ?

OTHER PROTECTED AREAS Habitats Directive - some GWDTES in and some out - are there any implications? Significant damage to GWDTES - not an issue we should consider here - refer to drafting group 4. Nitrates Directive nothing needed on delineation; WFD time deadline an issue? Any other monitoring for the above required?

ISSUES Potentially contentious guidance: legal opinions; use of exemptions; different water protection and treatment philosophies; share information to start with. Flexibility to deal with different methods of groundwater body delineation, different hydrogeology etc.; Will DWPA requirements be more stringent than ecological requirements? Will measures to meet status deal with DWPA requirements? Can you group DWPAs - benefits? NB potential drafting in Daughter Directive.

ACTIONS Expand and circulate scope (summary contents); Information requests (short summaries only): delineation of DWPAs - what has been done so far ? protection zones and vulnerability; treatment regimes and expectations; Circulate scope of monitoring group; Expand scope to a first draft for circulation and comment in summer; Decide whether another meeting is necessary before October.