1. Frequently asked questions Part I: Objectives and differences in scope of the WFD and BHD
Workshop: Biodiversity and Water - Links between EU nature and water legislation
17-18 June 2010
Dr. Ursula Schmedtje
DG Environment, European Commission

2. Background of the document
River basin management plans have just been completed.
Discussions on how and how best to link the implementation of the Water Framework Directive (WFD) and the Bird and the Habitats Directives (HD)
A number of questions have arisen and these were raised by NGOs, stakeholders but also by Member States (MS) in workshops and different working groups
Although guidance is available on the implementation of WFD and BHD, the links between the directives have obviously not been sufficiently addressed.
Frequently Asked Questions Paper on the links between WFD and the Birds and Habitats Directive
by DG ENV Natura 2000 Unit, Water Unit and Legal Units
1st version in November 2009, consulted with MS and updated in June

3. Frequently Asked Questions
1 Introduction and aim of this paper
2 WFD and BHD objectives and their links
2.1 Which Natura 2000 areas does the WFD address?
2.2 Which are the links between the objectives of WFD and BHD?
2.3 If there are two different objectives for a water body, which one applies?
2.4 By when must the BHD and WFD objectives for water-dependent Natura 2000 sites be reached?
2.5 Is there a possibility to phase the achievements of BHD to 2021 or 2027 as in WFD?
3 Differences in the scope of WFD and BHD
3.1 Which are the objects / management units addressed in the directives?
3.2 What is the difference between the species / biological quality elements addressed in WFD and BHD?
3.3 What is the relationship between good ecological status/potential of the WFD and favourable conservation status of BHD?
3.4 Can a protected species or habitat be in a favourable conservation status even if the water body in which it occurs is not in good ecological status/potential?
3.5 How are WFD reference conditions / reference sites related to favourable conservation status / protected areas of BHD?
4 Use of exemptions/derogations in water-dependent Natura 2000 sites
4.1 Which exemptions under WFD can be applied in Natura 2000 sites?
4.2 How do the specific provisions of WFD Art. 4.3 apply to Natura 2000 sites?
4.3 Is there a relationship between HD Art. 6.3 & 6.4 and WFD Art. 4.7?
5 Coordination of WFD and BHD implementation
5.1 Can the monitoring schemes of WFD and HD be integrated?
5.2 How can the river basin management plans of WFD and the conservation measures / management plans of the HD be linked? I.
II.
III.

4. WFD and BHD objectives and their links
FAQ 2.1: Which Natura 2000 areas does the WFD address?
Art. 1 (a) WFD clearly mentions
the protection and enhancement of the status of aquatic ecosystems, and with regard to their water needs also the protection of terrestrial ecosystems and wetlands directly depending on them.
Art. 6 WFD stipulates
the establishment of register of protected areas “which have been designated as requiring special protection under specific Community legislation for the protection of their surface water and groundwater or for the conservation of habitats and species directly depending on water“
And this includes „areas designated for the protection of habitats and species where the maintenance or improvement of the status of water is an important factor in their protection, including Natura 2000 sites …“ (Annex IV, (v) WFD)
so-called „water-dependent Natura 2000 sites“

5. WFD and BHD objectives and their links
FAQ 2.2: Which are the links between the objectives of WFD and BHD?
The main objective of the HD is to
protect, maintain or restore at favourable conservation status selected species and habitats of Community importance, and to
ensure a coherent network of special areas of conservation (Natura 2000 sites)
The main objectives of the WFD are to
reach good ecological status/potential and good chemical status in all surface waters, and to
prevent the deterioration of any status.
The objectives of WFD and BHD are therefore closely related.
Bear in mind: The objectives of one directive cannot be undermined by the objectives of another.

6. WFD and BHD objectives and their links
FAQ 2.3: If there are two different objectives for a water body, which one applies?
According to WFD Art. 4.1.(c) the WFD objective may need to be complemented by additional measures in order to ensure that conservation objectives for protected areas are achieved.
Art. 4.2 WFD says that “where more than one of the objectives … relates to a given body of water, the most stringent shall apply”.
This refers to situations in which two objectives affect the same matter, e.g. if a certain concentration of phosphorous is needed to achieve good ecological status (GES) and a more stringent value is needed to achieve favourable conservation status (FCS), then the latter applies.
However, this may not always be easy to decide.

7. WFD and BHD objectives and their links
FAQ 2.4: By when must the BHD and WFD objectives for water-dependent Natura 2000 sites be reached?
Art. 4.1.(c) WFD stipulates that for protected areas “MS shall achieve compliance with any standards and objectives at the latest 15 years” of the WFD entering into force, unless specified otherwise in the source directive.
This means that all standards and objectives of the WFD, including those water-related objectives linked to the achievement of FCS in water-dependent Natura 2000 sites, need to be implemented as a rule by 2015.
There is no specific date mentioned in the BHD to reach the conservation objectives. The absence of a specific deadline in the HD for achieving FCS does not imply that MS need not improve the status over time. The MS must show progress in achieving FCS.

8. WFD and BHD objectives and their links
FAQ 2.5: Is there a possibility to phase the achievements of BHD to 2021 or 2027 as in the WFD?
There is no specific date mentioned in BHD. Nonetheless, the conservation status of species and habitats under the HD has to be maintained and improved for the next assessment in 2013 with the aim of ensuring FCS.
The WFD objectives need to be reached as a rule by “As a rule” means that there are certain exemptions possible. However, when applying for an extension of deadlines under WFD, due account must be taken of possible consequences for achieving the objective under the Habitats Directive.
Art. 4.4 WFD allows extending the deadlines where the improvements cannot be achieved in time because they are technically infeasible, disproportionately expensive or not possible due to natural conditions and certain conditions are met.

9. Differences in the scope of WFD and BHD
FAQ 3.1: Which are the objects/management units addressed in the directives?
The criteria for the delineation of water bodies and Natura 2000 areas are different as the purpose of the directives is also different.
The WFD addresses all surface waters: rivers, lakes, transitional and coastal waters. These are divided into types and again divided into water bodies which serve as the basic unit for river basin management. Considering protected areas in the delineation of water bodies is considered best practice.
The HD focuses on Natura 2000 sites (sites of Community importance) and the habitats and species it protects. A site is “a geographically defined area” and “contributes significantly to the maintenance or restoration at favourable conservation status of a natural habitat type or species”.

10. Differences in the scope of WFD and BHD
FAQ 3.2: What is the difference between the species/biological quality elements addressed in WFD and BHD?
Both WFD and BHD aim to protect aquatic ecosystems but in different ways.
WFD focuses on selected groups of aquatic plants and animals and these are used as indicators to determine the overall structure and functioning of the aquatic ecosystem: phytoplankton, (benthic) aquatic flora, benthic invertebrates and fish. Some not included, e.g. zooplankton, amphibians, otter, beaver.
The BHD targets specific species and habitats, and sometimes ecosystems such as estuaries that require protection.
The HD sets the basic requirements to assess the health of these components with features such as range, areas, population size and structure and functions of the habitats.

11. Differences in the scope of WFD and BHD
FAQ 3.3: What is the relationship between GES/GEP of the WFD and FCS of the Habitats Directive?
In the WFD ecological status of the water body is assessed in terms of the species composition and abundance of the aquatic fauna and flora in order to assess the structure and functioning of the aquatic ecosystem.
In the HD the focus is on the presence of selected species and habitats. This means that the HD does not look at all species occurring in a water body, i.e. does not look at the aquatic community as a whole.
The WFD does not look at presence or absence of individual species, unless their presence is essential to determine the ecological status of that water body type, e.g. because they are so characteristic for that type.
Ecological status always refers to a water body, whereas the conservation status of HD refers to the status of a protected species or habitat in the whole of a MS’ territory.

12. Differences in the scope of WFD and BHD
FAQ 3.4: Can a protected species or habitat be in FCS even if the water body in which it occurs is not in GES/GEP?
In general, GES/GEP of a water body will contribute to the favourable conservation status of species and habitats in water-dependent N2000 sites. But there may be instances where this is not the case.
Points to bear in mind:
Where a more stringent objective needs to be reached to achieve FCS for a certain species, e.g. lower nutrient concentrations, then this is the objective that applies.
It is important to look at the reasons for not reaching FCS. It may be that these are not directly related to GES, e.g. where over-fishing or effects of tourism alter the conditions for particular species or habitats.
FCS of a species or habitat applies at the national bio-geographical level, i.e. individual sites may show differing degrees of status.

13. Differences in the scope of WFD and BHD
FAQ 3.5: How are WFD reference conditions/reference sites related to FCS/protected areas of BHD?
WFD reference conditions represent conditions with no or very minor human pressures, i.e. sites in high status or near natural conditions. These are established for each water body type.
Since these are sites where the levels of human pressure must be very low, these may lie in N2000 areas. But the criteria to designate protected areas and those to identify reference sites are different. Therefore, not every N2000 site will automatically contain WFD reference sites and vice versa.
There is no direct relationship between reference sites and protected areas.

14. Thank you for your attention.