Progress on the elaboration of CIS guidance document on E-Flows Spain DG Environment Victor Arqued Thomas Petitguyot SCG meeting 1st October 2014 1

BluePrint Communication(2012) Priority n°1 : better implementation of existing EU law better address water quantity issues and link with quality account for the amount of water required for the aquatic ecosystem to continue to thrive and provide the services = identification and enforcement of ecological flows

Eflows in the CIS work programme Deliverable: Guidance on Ecological Flows (Eflow) by 2014 Description: A guidance on ecological parameters/ecological flows and hydrological parameters for assessing quantitative aspects (the volume and level or rate of flow) and the link to GES are defined, allowing for an assessment of pressures from all abstractions and climate change. Leads: COM, ES and FR Interlinkages with other WGs: Ecostat, Floods, Groundwater, Programme of Measures, Agriculture and Water Accounts work under KID cluster

Drafting process 2 meetings of the ad hoc WG (October 13, April 14) 1 workshop (June 14) – learning recent outcomes from science + discussion on case studies Calls with the drafting group (11 MS&SH+COM& consultants…) ES, EL, IT, NL, PT, WWF volunteered to lead the drafting of the different chapters Discussion in the SCG meeting (May14)

Drafting process Since the last SCG meeting: New versions of the chapters circulated and commented in June/July new drafts by chapters leads by end August Improved versions of case studies collected during summer New version of the draft guidance prepared by DG ENV and discussed with the drafters (22/9)  present draft version (V3.1)

Main changes in the present version Revision of the scope: now only rivers (not lakes and estuaries) + strong focus on natural water bodies (addressing very limitedly and conceptually HMWB& exemptions) Revision of the working definition for ecological: now only covers Article 4(1) environmental objectives (excluding GEP and less stringent objectives) Revision of the outline: all considerations on HMWB & exemptions grouped in a dedicated and final chapter Key messages highlighted at the beginning of each chapter + in the policy summary

Draft working definition for Eflows in WFD implementation "an hydrological regime consistent with the achievement of the environmental objectives of the WFD in natural surface water bodies as mentioned in Article 4(1)”. non deterioration of the existing status achievement of good ecological status in natural surface water body, conservation of related protected areas, habitats and species under the Birds and Habitats Directives. Flow requirements should be considered in HMWB & exemptions but not called "ecological flows"

Outline Policy summary Concepts Ecological flows in the WFD implementation Setting the scene Eflows in status assessment and environmental objective Assessment of hydrological pressures and impacts Establishment of monitoring programmes Defining ecological flows and analysing the gap with the current situation Measures for the achievement of ecological flows Heavily modified water bodies and exemptions Public participation Annexes Case studies : separate document (not to be endorsed as CIS document)

Proposed way forward SCG support to the revision on the scope of the guidance and in principle to the working definition and the key messages New version of the draft guidance (V3.2) to be circulated to SCG + WG Eflows ca. 9/10  written comments by 16/10 Consultation of WG ECOSTAT (in written + discussion 23/10) Meeting WG Eflows 24/10: agreement on changes to be made SCG 5-6/11: presentation of the main changes agreed at the WG meeting – new version to be distributed shortly before the SCG meeting

Eflows in the Blueprint To address the issue of over-allocation, there is a need in many EU river basins to put quantitative water management on a much more solid foundation: namely the identification of the ecological flow, i.e. the amount of water required for the aquatic ecosystem to continue to thrive and provide the services we rely upon. Fundamental to this is the recognition that water quality and quantity are intimately related within the concept of ‘good status’. However, there is no EU definition of ecological flow, nor a common understanding of how it should be calculated, even though these are preconditions for its consistent application. To address this gap, the Commission proposes developing a guidance document in the framework of the WFD CIS, using its open and participatory process. Once a common definition and a methodology for the calculation are agreed, they should be implemented in the next cycle of RBMPs due for adoption by the end of 2015.

Setting the scene Binding objectives of WFD and B&HD can't be reached without achievement/maintenance of certain flow regimes Legal definition of Eflows to include all flow components and link with biological requirements Eflows to be included as a binding requirement in national legal frameworks together with appropriate means as to ensure their effective implementation of ecological flows (e.g. strategic planning, permitting process)

Eflows in status assessment Available Biological assessment methods largely insensitive to hydrological pressures  hydrological regime to be considered when assigning WB status; hydrological alteration to be reflected in the overall classification of ecological status (downgrading status or confidence) - Further developments of biological methods needed to provide metrics more specifically sensitive to hydrological pressures

Assessment of hydrological pressures and impacts - Significance of hydrological impacts to be assessed with specifically sensitive biological indicators When not available, alteration of the flow regime is a quite good proxy to impacts on biology Most severe alterations can in many cases already be detected with some simple tools considering the extent of the pressures.

Monitoring programmes Definition and implementation of Eflows requires hydrological data monitoring supplemented with modelling Operational hydrological monitoring to be prioritised according to hydrological pressures / where action is needed - Integrated monitoring (bio, hydro and morpho) needed to monitor effectiveness of flow restoration measures - Long term hydrological monitoring to address climate change / long term change of reference conditions

Defining ecological flows and gap analysis Eflows to consider all article 4(1) environmental objectives Eflows to be the result of a technical/scientific process. Associated socio-economic impacts to be considered only when defining flow regime in HMWB or water bodies in exemption. - Methods to be selected regarding resource availability (incl. monitoring data) and severity of pressures  from purely hydrological methods to more detailed approach for specific actions

Measures for the achievement of ecological flows - Programmes of Measures (PoM) to ensure the protection / restoration of Eflows Authorization / regular review of permits as basic measures Supplementary measures, combination of hydrological and morphological measures can be cost-effective - Development of knowledge on ecosystem flow requirements both at large scale and site level

Heavily modified water bodies and exemptions Hydrological alterations only in very specific circumstances justify the provisional designation of HMWB Eflows and measures to achieve them to be identified when carrying out the designation test and checking all conditions are met - Hydrological regime consistent with GEP to be carefully defined together with mitigation measures; may be very close or identical to the ecological flow; - Similarly for exemptions under Article 4(5)

Public participation - PP is crucial to ensure achievement of Eflows given their importance for the achievement of environmental objectives and the potential impacts of their related measures on users PP should ensure effective interaction with all stakeholders and shared understanding of the need for Eflows, esp. among those whose interests are affected PP on Eflows to be developed in all phases of the WFD planning process