1. WGC - GROUP 2 PROTECTED AREAS

2. 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.

3. 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.

4. 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.

5. 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).

6. 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.

7. 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?

8. 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.

9. 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 ?

10. 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?

11. 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.

12. 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.