1. Guidelines for the identification of Mixing Zones
Agenda point 5b
Guidelines for the identification of Mixing Zones
Strategic Co-ordination Group
29 September 2010

2. Strategic Co-ordination Group, 29 September 2010
Background (1)
Article 4 of the EQSD:
introduces the concept of mixing zones = areas adjacent to the point of discharge where concentrations of one or more substances may exceed the environmental quality standard if they do not affect the compliance of the rest of the water body
Paragraph 4: adoption of technical guidelines through the regulatory procedure
drafting group established in June 2008 (sub-group of Working Group E)
Norman Babbedge, Environment Agency, UK
John Batty, DEFRA, UK (Chair)
Dju Bijstra, RWS, The Netherlands
Madalina David, European Commission, (Co-chair)
Raphael Demouliere, Ministry of Ecology, France
Klaas Den Haan, CONCAWE
Neil Edwards, Eurelectric (RWE nPower)
Koen Gommers, Eurometaux
Andreas Hoffmann, Umweltbundesamt, Germany
Gerrit Niebeek, RWS, The Netherlands, (Co-Chair)
Keith Sadler, Eurelectric (Eon)
Joachim Seibring, CEFIC
Hubert Verhaeghe, Agence de l'Eau Artois Picardie, France
Nicole Zantkuijl, Eureau
Strategic Co-ordination Group, 29 September 2010

3. Strategic Co-ordination Group, 29 September 2010
Background (2)
Article 4 EQSD:
no obligation for Member States to designate mixing zones
if they decide to do so:
it is expected that they will follow this guidance document, but is not legally binding
the guidelines should be followed for priority substances but Member States may also choose to use it for Specific Pollutants
a description of the approaches and methodologies applied to define mixing zones and measures taken with a view to reducing the extent of the mixing zones in the future must be included in River Basin Management Plans
The guidance will be applicable for the second River Basin Management Plan cycle and thereafter.
Strategic Co-ordination Group, 29 September 2010

4. Strategic Co-ordination Group, 29 September 2010
Drafting process
November 2008: Draft Mandate for a Guidance on MZ identification (endorsed by WDs)
March 2009: Principles of Tiered Approach agreed by WG E
October 2009: Release to WG E of draft and associated software + Discussion at 7th WG E meeting
October 28th: WG-E deadline to submit written comments
November 30th 2009: Revised draft released
December 1st 2009: Final testing phase commenced
January 31st 2010: Testing Phase completed
March 2010: Final Draft release to WG E (9) + WG-E Sign off
April 2010: Final draft despatched to SCG
May 5-6 th 2010: SCG meeting (not endorsed)
August 2010: Amended Final draft despatched to SCG and WFD Committee + overview of the comments received
September 2010: Final draft despatched to SCG and WFD Committee
29 September 2010: SCG and WFD Committee meetings
Strategic Co-ordination Group, 29 September 2010

5. Strategic Co-ordination Group, 29 September 2010
Strategic Co-ordination Group members are invited to:
Take note of the final Draft Guidance document on setting mixing zones, before it is forwarded to the WFD Committee for formal opinion at their meeting in Brussels (29 September 2010)
Strategic Co-ordination Group, 29 September 2010

6. Strategic Co-ordination Group, 29 September 2010
Current status
comments received as result of the Commission Inter-service Consultation
comments received from SCG/WFD Committee
10 September: Belgium
15 September: Finland
21 September: France
21 September: CEFIC
24 September: Eurelectric
27 September: Portugal
Strategic Co-ordination Group, 29 September 2010

7. Strategic Co-ordination Group, 29 September 2010
Belgian Comments
change the current title: COMMON IMPLEMENTATION STRATEGY GUIDANCE ON SETTING MIXING ZONES UNDER THE EQS DIRECTIVE (2008/105/EC) in " Technical Guidelines on Mixing Zones pursuant to Art. 4.4 of Directive 2008/105/EC " 
Proposal
agreed  title amended accordingly
Strategic Co-ordination Group, 29 September 2010

8. Strategic Co-ordination Group, 29 September 2010
Finnish Comments
Chapter 10.2 Dealing with seasonal conditions:
Drought conditions
Delete last sentence of the 2nd paragraph (case by case considerations when setting permits);
Delete first sentence of the 3rd paragraph (development of seasonal permit conditions) and amend the second sentence as follows:
“In case of a prolonged drought a temporal exemption of the environmental objectives may be applicable if all conditions in WFD article 4(4), 4(5) and 4(6) are fulfilled.”
Proposal/answer
there are some merits of keeping these recommendations
only Article 4(6) of the WFD applies in case of prolonged droughts
Strategic Co-ordination Group, 29 September 2010

9. Strategic Co-ordination Group, 29 September 2010
Finnish Comments
Chapter 10.2 Dealing with seasonal conditions:
Freezing temperature
Delete first sentence of the 4th paragraph (development of seasonal permit conditions)
Add the following sentence:
“In parts of Europe where low winter temperatures cause rivers, lakes and seas to freeze, exemptions of the environmental objectives may be applicable if all conditions in WFD article 4(4), 4(5) or 4(6) are fulfilled.”
Proposal/answer
not in favour of proposed changes
frozen conditions are not necessarily exceptional conditions, thus not subject of exemptions under Article 4(6) of the WFD
exemptions under Article 4(4) and (5) of the WFD may be considered if conditions therein are applicable (see second paragraph of chapter 4.1 of the guidelines)
Strategic Co-ordination Group, 29 September 2010

10. Strategic Co-ordination Group, 29 September 2010
French Comments (1)
Chapter 5.3.b Identification of potentially affected receptors
This may be misinterpreted and give the impression that the achievement of "local" EQS is enough, protecting only local specific species, so why not extend this principle to the whole WB?
Repeat the definition of EQS and reinstate the principle of a single EQS independent from local specificities.
Chapter 5.3. Factors and assessments underlying acceptability of Mixing Zone extents
remind the principle of mixing zone reduction
Proposal/answer
we do not believe the current text gives rise to wrong interpretation
not in favour of repeating definitions and principles that already exists in the guidelines (see chapter 2.4, 5.3b and 14.0)
Strategic Co-ordination Group, 29 September 2010

11. Strategic Co-ordination Group, 29 September 2010
French Comments (2)
inconsistency between the foreword and chapters 1.0 (last sentence) and 4.0 (last sentence)
"It should be underlined that according to Article 4 of Directive 2008/105/EC, there is no obligation for Member States to designate mixing zones. If they decide to do so, it is expected that Member States will follow this guidance document. However, a guidance, by definition, is not legally binding. "
"This guidance must be used in the determination of mixing zones for substances listed in Annex 1A of Directive 2008/105/EC."
" It should be emphasised that the use of this guidance for the consideration of Annex VIII Specific Pollutants is not mandatory but a decision for the Member State(s) concerned.”
Proposal/answer
foreword text remains unchanged
sentences of concern in chapters 1.0 and 4.0 will be amended as follows:
“must” will be replaced by “should”
“This guidance will only apply under the provisions of Directive 2008/105/EC for the substances contained in Annex 1 Part A. However, the principles explored can be applied may assist in consideration of situations that are subject to National, Regional or local lists of Specific Pollutants under Annex VIII of Directive 2000/60/EC.” and the last sentence will be deleted
Strategic Co-ordination Group, 29 September 2010

12. Strategic Co-ordination Group, 29 September 2010
CEFIC Comments
Chapter 3.0 Introduction (last sentence of first paragraph after the look out box)
balanced approach should be kept throughout the text and not to focus on point sources only  add reference to the management of other emissions to water so as to reduce background concentrations
we regret the skipping of par. 5.3 Assumptions
Chapter 5.1 Initial considerations and assumptions
recourse to the precautionary principle – is it the right principle cited?
Proposal
not in favour of amending the chapter 3.0; the sentence of concern is in accordance with the letter of the WFD (Art. 10(3))  “more” should be added before “stringent emission controls”
chapter 5.3 was not deleted; it is just moved (see chapter 5.1)
chapter 5.1 – precautionary principle; the last sentence of the 5th paragraph will be amended as follows: “The establishment of mixing zones should be underpinned by the precautionary principle, aimeding at limiting the spatial and temporal extent of the exceedance to the minimum possible. ”
Strategic Co-ordination Group, 29 September 2010

13. Strategic Co-ordination Group, 29 September 2010
Eurelectric suggestion
replace the link to the Telemac model (16.0 References/Modelling and models, (19)) with
Proposal
agree, the text will be amended accordingly
Strategic Co-ordination Group, 29 September 2010

14. Strategic Co-ordination Group, 29 September 2010
Portuguese suggestion
Chapter 2.4 Working Definitions
Definition of mixing zone: quote “surface” when referring to the water body
Proposal
agree, the text will be amended accordingly
Strategic Co-ordination Group, 29 September 2010

15. Thanks for your attention….
Strategic Co-ordination Group, 29 September 2010