1. The EU Water Framework Directive and Sediments The Water Framework Directive was transposed into law in EU Member States at the end of 2003. Nearly two years on, do we understand the implications for sediment management? Presentation by Jan Brooke 28 th September 2005

2. The EU Water Framework Directive and Sediments Scope of presentation WFD objectives WFD objectives Natural role of sediments in coastal and estuarine waters Natural role of sediments in coastal and estuarine waters Sediments and characterisation Sediments and characterisation Sediments in River Basin Management Plans Sediments in River Basin Management Plans Article 16 (priority substances and priority hazardous substances) Article 16 (priority substances and priority hazardous substances) Practical implications Practical implications

3. The EU Water Framework Directive and Sediments Introduction to the WFD Important, far-reaching legislation: ambitious in scope and programme Important, far-reaching legislation: ambitious in scope and programme New integrated approach to water protection, improvement and sustainable use New integrated approach to water protection, improvement and sustainable use Applies to all water bodies, including rivers, lakes, estuaries, coastal waters, and man-made water bodies (eg. docks, canals) Applies to all water bodies, including rivers, lakes, estuaries, coastal waters, and man-made water bodies (eg. docks, canals) Various potential implications for sediment management Various potential implications for sediment management

4. The EU Water Framework Directive and Sediments WFD environmental objectives Sustainable water management Sustainable water management Prevent deterioration in status* Prevent deterioration in status* Restore to good status* by 2015 Restore to good status* by 2015 Reduce pollution from priority substances and phase out emissions, discharges, etc. of priority hazardous substances Reduce pollution from priority substances and phase out emissions, discharges, etc. of priority hazardous substances Achieve objectives for EU protected areas Achieve objectives for EU protected areas * a measure of chemical and ecological quality

5. The EU Water Framework Directive and Sediments Environmental targets WFD introduces status classes: high, good, moderate, poor and bad Surface water bodies must achieve good ecological status (GES) good ecological status (GES)or if designated as a Heavily Modified or Artificial Water Body, good ecological potential (GEP) if designated as a Heavily Modified or Artificial Water Body, good ecological potential (GEP)and good chemical status good chemical status

6. The EU Water Framework Directive and Sediments HIGH GOOD MODERATE POOR BADECOLOGICALSTATUS No or very minor { Slight { Moderate { Major { Severe { Prevent deterioration Restore Ecological Status Explained

7. The EU Water Framework Directive and Sediments WFD timetable By end 2004: characterisation and risk assessment By end 2004: characterisation and risk assessment By end 2006: monitoring in place By end 2006: monitoring in place By end 2007: significant water management issues By end 2007: significant water management issues By end 2008: draft River Basin Management Plans (RBMP) By end 2008: draft River Basin Management Plans (RBMP) By end 2009: final RBMPs By end 2009: final RBMPs By end 2012: measures in place By end 2012: measures in place By end 2015: good status achieved By end 2015: good status achieved

8. The EU Water Framework Directive and Sediments WFD coastal and estuarine waters

9. The EU Water Framework Directive and Sediments Natural role of sediment in coastal and estuarine waters Important part of natural ecosystem Important part of natural ecosystem Diversity of habitats Diversity of habitats Variation in suspended sediment levels (background; in storm conditions) Variation in suspended sediment levels (background; in storm conditions) Supply to intertidal areas Supply to intertidal areas Problem of ‘coastal squeeze’ Problem of ‘coastal squeeze’ Protected sites under EU Birds and Habitats Directives Protected sites under EU Birds and Habitats Directives Sediment management as mitigation and compensation requirement Sediment management as mitigation and compensation requirement

10. The EU Water Framework Directive and Sediments Sediments and characterisation Lack of reference to sediments in WFD Lack of reference to sediments in WFD Materials in suspension listed as contaminant Materials in suspension listed as contaminant England and Wales: sediment in run off from agricultural land England and Wales: sediment in run off from agricultural land No consideration of sediment in coastal and estuarine waters No consideration of sediment in coastal and estuarine waters Hydromorphological pressures include navigation dredging and disposal of dredged material Hydromorphological pressures include navigation dredging and disposal of dredged material

11. The EU Water Framework Directive and Sediments England and Wales: initial risk assessment At risk or ‘probably at risk’ of failing to meet good status due to physical modification 87% estuarine area 87% estuarine area 91% coastal water area 91% coastal water area At risk or ‘probably at risk’ of failing to meet good status due to TBT contamination 31% estuarine area 31% estuarine area 15% coastal water area 15% coastal water area

12. The EU Water Framework Directive and Sediments ‘At risk’ water bodies Subject to ‘refinement’ exercise Subject to ‘refinement’ exercise May meet criteria for heavily modified or artificial water body designation May meet criteria for heavily modified or artificial water body designation Subject to monitoring requirements Subject to monitoring requirements ‘Programmes of measures’ required to protect and/or improve water status ‘Programmes of measures’ required to protect and/or improve water status Implications for management of water body and activities affecting it Implications for management of water body and activities affecting it

13. The EU Water Framework Directive and Sediments Sediments in River Basin Management Plans Statutory plans Statutory plans Will cover all water bodies, including coastal waters out to a minimum of one nautical mile Will cover all water bodies, including coastal waters out to a minimum of one nautical mile Will define the ‘measures’ required to meet WFD objectives Will define the ‘measures’ required to meet WFD objectives Will provide the mechanism whereby future water use and activities affecting water will be managed Will provide the mechanism whereby future water use and activities affecting water will be managed

14. The EU Water Framework Directive and Sediments WFD programmes of measures Protection and restoration measures Protection and restoration measures Informed by characterisation and monitoring results Informed by characterisation and monitoring results May be national, regional or local May be national, regional or local May be statutory or non-statutory May be statutory or non-statutory Potential to affect sediment management Potential to affect sediment management To be in place by 2012 To be in place by 2012 Ecological and chemical objectives to be achieved by 2015 Ecological and chemical objectives to be achieved by 2015

15. The EU Water Framework Directive and Sediments Exemptions Economics has an important role in WFD Economics has an important role in WFD Not intended to achieve objectives ‘at any cost’ Not intended to achieve objectives ‘at any cost’ Programmes of measures must be cost-effective Programmes of measures must be cost-effective Less stringent targets or extended deadlines may be set for specific bodies of water where the achievement of the required quality is otherwise not feasible or is disproportionately expensive Less stringent targets or extended deadlines may be set for specific bodies of water where the achievement of the required quality is otherwise not feasible or is disproportionately expensive

16. The EU Water Framework Directive and Sediments Article 16 Article 16 requires measures to reduce discharges, emissions and losses of priority substances and to phase out same for priority hazardous substances Article 16 requires measures to reduce discharges, emissions and losses of priority substances and to phase out same for priority hazardous substances To be implemented via proposed daughter Directive To be implemented via proposed daughter Directive Mandatory environmental quality standards (EQS) to be considered for water, sediments and biota Mandatory environmental quality standards (EQS) to be considered for water, sediments and biota

17. The EU Water Framework Directive and Sediments Current situation Daughter Directive not expected before October or November 2005 Daughter Directive not expected before October or November 2005 Sediment EQSs unlikely Sediment EQSs unlikely Concerns about science used to derive water column standards (eg. suspended solids concentration assumed low; bioavailability of adsorbed contaminants not taken into account) Concerns about science used to derive water column standards (eg. suspended solids concentration assumed low; bioavailability of adsorbed contaminants not taken into account) If daughter Directive not agreed by end 2006, Member States to develop own standards If daughter Directive not agreed by end 2006, Member States to develop own standards

18. The EU Water Framework Directive and Sediments Sediment management issues Contamination may be historic rather than current source Contamination may be historic rather than current source Particular concern over standards for TBT as proposed in 2004 Particular concern over standards for TBT as proposed in 2004 Possibility of failure of whole water sample (but often no significant environmental effects) Possibility of failure of whole water sample (but often no significant environmental effects) Other important questions (eg. definition of ‘loss to system’) Other important questions (eg. definition of ‘loss to system’) Implications for dredging and disposal? Implications for dredging and disposal?

19. The EU Water Framework Directive and Sediments Practical implications Possibility of constraints on sediment management activities such as dredging and disposal (eg. dredging technique, overflow mechanisms, aquatic disposal) Possibility of constraints on sediment management activities such as dredging and disposal (eg. dredging technique, overflow mechanisms, aquatic disposal) Likelihood of increased costs (participation, enforcement, data collection, investigations, mitigation measures, etc.) Likelihood of increased costs (participation, enforcement, data collection, investigations, mitigation measures, etc.) Delays and uncertainties Delays and uncertainties Potential for conflict with EU Birds and Habitats Directives Potential for conflict with EU Birds and Habitats Directives

20. The EU Water Framework Directive and Sediments Conclusions (1) Q: Two years into WFD implementation, are we any the wiser about its possible implications for sediment management? A: Probably not! But ………

21. The EU Water Framework Directive and Sediments Conclusions (2) WFD has potentially significant implications for sediments and sediment management WFD has potentially significant implications for sediments and sediment management Need to ensure sediment issues are properly considered in both characterisation process and River Basin Management Planning Need to ensure sediment issues are properly considered in both characterisation process and River Basin Management Planning Article 16 draft daughter Directive still under discussion Article 16 draft daughter Directive still under discussion Vital to ensure that decisions are well-informed and scientifically robust Vital to ensure that decisions are well-informed and scientifically robust

22. The EU Water Framework Directive and Sediments What can we do? Actively participate in WFD implementation Actively participate in WFD implementation Engage with those responsible for WFD implementation Engage with those responsible for WFD implementation Ensure that there are no misunderstandings Ensure that there are no misunderstandings Highlight the rigorous investigations already required as prerequisite to most sediment management initiatives Highlight the rigorous investigations already required as prerequisite to most sediment management initiatives Provide data to inform WFD decision making Provide data to inform WFD decision making Demonstrate that sediment management can have environmental as well as economic benefits Demonstrate that sediment management can have environmental as well as economic benefits