1. Wetlands in the Water Framework Directive main arguments and issues Bruxelles January 29, 2003

2. MEMBER STATES COMMENTS  in response to versions 3.0 & 3.1 of the WWF/EEB document, Member States sent in comments and suggestions to the Rome Working Group

3. Comments From: Austria Belgium EC (Olsen) FinlandFrance GermanyHungary NetherlandsRomania SlovakiaSlovenia UK

4. Main Issues Status of the wetland document Wetland Definition Wetlands and Environmental Objectives Wetlands in the Programme of Measures Protected Areas

5. Status of document Should the wetlands document become a Horizontal Guidance Document?

6. Common text for wetlands, Water Directors Meeting, Copenhagen, 2002 Wetland ecosystems are ecologically and functionally significant elements of the water environment, with potentially an important role to play in helping to achieve sustainable river basin management. The Water Framework Directive does not set environmental objectives for wetlands However, wetlands that are dependent on groundwater bodies, form part of a surface water body, or are Protected Areas, will benefit from WFD obligations to protect and restore the status of water. Relevant definitions are developed in CIS horizontal guidance documents water bodies and further considered in guidance on wetlands.

7. Pressures on wetlands (for example physical modification or pollution) can result in impacts on the ecological status of water bodies. they are Measures to manage such pressures may therefore need to be considered as part of river basin management plans, where necessary to meet the environmental objectives of the Directive. Wetland creation and enhancement can in appropriate circumstances offer sustainable, cost-effective and socially acceptable mechanisms for helping to achieve the environmental objectives of the Directive. In particular, wetlands can help to:- abate pollution impacts, contribute to mitigating the effects of droughts and floods, help to achieve sustainable coastal management and to promote groundwater re-charge. The relevance of wetlands within programmes of measures is examined in the horizontal guidance paper on wetlands.

8. Definition of Wetland

9. Why are wetlands difficult to define? Ecotones, found along a gradient of hydrologic and ecologic conditions Variable intrinsically, span across all biomes Variable over time, seasonally and annually Variable in their relevance to human activities, some “highly prized”, some a “nuisance”

10. How to build a useful definition? Include a minimum sufficient number of necessary elements – Describe distinguishing features (hydrology, soil, vegetation) – Define boundaries –“Negotiate” it, share it, validate it, implement it

11. RAMSAR "Wetlands are areas of marsh, fen, peatland or water, whether natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish or salt, including areas of marine water the depth of which at low tide does not exceed six metres."

12. Evaluwet Definition Wetlands are: “heterogeneous but distinctive ecosystems in which special ecological, biogeochemical and hydrological functions arise from the dominance and particular sources, chemistry and periodicity of inundation or saturation by water. They occur in a wide range of landscapes and may support permanent shallow (<2m) or temporary standing water. They have soils, substrates and biota adapted to flooding and/or water-logging and associated conditions of restricted aeration.”

13. constant or recurrent, shallow inundation or saturationNCC – (USA) 1995 “A wetland is an ecosystem which depends on constant or recurrent, shallow inundation or saturation at or near the surface of the substrate. The minimum essential characteristics of the wetland are: recurrent, sustained inundation or saturation at or near the surface and the presence of physical, chemical and biological features reflective off recurrent, sustained inundation or saturation. Common diagnostic features of wetlands are: hydric soils and hydrophytic vegetation. These features will be represented except when specific physio-chemical, biotic or anthropogenic factors have removed them or prevented their development.”

14. Clean water acts amendments 1977 (amended 1984) “The term wetlands means those areas which are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.”

15. Our definition: “Wetlands are heterogeneous but distinctive ecosystems dependent on constant or recurrent, shallow inundation (<2m) by fresh, brackish or saline water, or saturation at or near the surface of the substrate. Common features include hydric soils, hydrophytic vegetation and other elements related to chemical and biological processes reflective of recurrent or permanent flooding and/or water- logging.”

16. Ecosystems which are at least recurrently inundated deeper than 2m and/or larger than 0.5 km² shallower than 2m and smaller than 0.5 km² long-term saturated substrate conditions allow the development of hydrophytic vegetation grassland or forest predominates, no hydrophytes WATER BODY WETLAND WET TERRESTRIAL ECOSYSTEM

17. Wetlands and the Programme of Measures

18. Article 11, Programme of Measures: Each Member State shall ensure the establishment for each river basin district, or for the part of an international river basin district within its territory, of a programme of measures, taking account of the results of the analysis required under Article 5, in order to achieve the objectives established under Article 4

19. 2 categories: ‘Basic’ measures ‘Supplementary’ measures

20. Basic measures Wetlands as a part of basic measures? –Wetlands are not specifically mentioned under ‘basic measures’ –But they have a potential role to play in the achievement of the Directives objectives, through ‘basic’ and ‘supplementary’ measures

21. HOW when the wetland concerned is a part of a water body; when the wetland is part of the hydromorphological quality elements of a water body; when the creation or restoration of wetlands falls within the measures described in 11.3 (k) & (l)

22. ‘Supplementary’ measures those measures designed and implemented in addition to the basic measures, with the aim of achieving the objectives established pursuant to Article 4 (Article 11.4) Supplementary measures specifically cites recreation and restoration of wetlands areas (Annex VI, Part B)

23. Supplementary measures are to be used at the discretion of Member States But when the Directives objectives cannot be achieved only with basic measures, Member States will be obliged to use supplementary measures

24. Wetlands and Environmental Objectives

25. The WFD does not:  set independent objectives for wetlands, unless : the wetland, or part of it, is defined as a part of a water body

26. The WFD does: Set groundwater objectives which include obligation to wetlands; Identify the use of wetland functions as a possible means of achieving the Directives objectives

27. WFD requirements relating to wetlands? Obligations to surface waters (applicable some to open water wetlands) ; Obligations to prevent more than very minor disturbance to hydro-morphological condition of surface water bodies at High Ecological Status (therefore includes wetlands in surface waters) ; Obligations to protect, enhance and restore wetlands when necessary (good ecological status and good ecological potential; good surface water chemical status; or less stringent objective); Obligations to achieve good groundwater status

28. Protected Areas

29. Annexe IV.2 “… the summary of the register required as part of the river basin management plan shall include maps indicating the location of each protected area and a description of the Community, national or local legislation under which they have been designated.”