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Implementing the Water Environment and Water Services (Scotland) Act 2003: Consultation on proposals for environmental standards and conditions – phase 1

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B - DEVELOPING ENVIRONMENTAL STANDARDS - KEY PRINCIPLES

In January 2006, the UK administrations set out the key principles underpinning the approach to the introduction of environmental standards and conditions in the UK3.

1, Separation of science and policy

Scientific development

In the UK, the main work of developing proposals for environmental standards is being carried out by the UK Technical Advisory Group for the WFD ( UKTAG). This is a partnership of technical experts from the UK environmental protection and conservation agencies, as well as some partners from the Republic of Ireland.

UKTAG has considered a huge volume of scientific evidence from field studies and scientific literature. This information demonstrates how aquatic ecology responds to changes in a range of environmental conditions, such as water quality, water levels and physical aspects of water bodies, as well as concentrations of key chemical pollutants.

UKTAG published proposals for the first standards for a ten week external stakeholder review in February 2006. UKTAG subsequently published a revised report in September with its recommendations for the first set of standards, along with a document responding to the key comments received during the review 4.

Policy approach

This consultation paper sets out the Executive's proposals for the first set of environmental standards for the WFD (see section C), based on UKTAG's recommendations. It also includes proposals for how the standards would be used in Scotland. Section E discusses a preliminaryUK-wide assessment of the potential costs and benefits associated with the implementation of these proposals. The assessment was carried out by independent consultants, commissioned by the UK Governments.

This clear separation of science and policy has been adopted to emphasise that the flexibility to set less stringent objectives on grounds of disproportionate costs or technical infeasibility is an integral part of implementing the WFD. Costs of implementation will depend on the objectives set in the RBMP process. Since 'good' status will not always be required, costs are not determined solely by the standards that are introduced.

2. Phased introduction of environmental standards

Environmental standards will be introduced in a series of phases, as it is vital that they are based on robust science:

  • First phase: This paper sets out proposals for the first set of standards, including some elements of water quality, water resources and morphological conditions. These standards are likely to be introduced in Scotland in late 2006 by a Ministerial Direction to SEPA. Section C sets out more information about the proposals and how the standards would be used in regulation.
  • Second phase: Proposals for the second set of standards will be consulted upon during 2007, leading to introduction of a second set of standards later in 2007, again by a Ministerial Direction. This phase is likely to include more of the water quality and water resources standards that are not included here, as well as proposals for groundwater and for some of the chemicals that are significant issues in UK surface waters - classed as 'specific pollutants' (see section D).
  • Later phases: Further standards will be developed as scientific data becomes available from monitoring and from work at a European level. These standards may not be available in time for effective introduction in the first cycle of RBMP, but many may be available for the second cycle. All proposals for standards will be published for consultation before they are introduced.
  • Classes below 'good': To date, the priority has been to define the threshold between 'good' and 'moderate' status - the minimum standard needed to achieve 'good' ecological status. However, the Directive also requires that deterioration in water status is prevented, and hence standards are also needed to define the conditions that would protect biology in the lower ecological classes - 'moderate', 'poor' and 'bad'. Work is ongoing to define the boundaries between these status classes in terms of environmental standards.
  • Chemical classification standards: In addition, standards for the most toxic pollutants, including those classed as 'priority substances' and 'priority hazardous substances' by the EU, are being developed by the European Commission, rather than by individual Member States. These standards will form the basis of the chemical classification (see earlier text).
This phased approach reflects our desire to ensure that all available scientific evidence is considered in developing the standards. For some standards, more data is needed, either from monitoring or new research, before a robust standard can be proposed.

Equally, it is important that standards are proposed and introduced as early as possible where there is enough evidence to support robust standards. As set out earlier, environmental standards are needed to underpin classification, regulation and the RBMP process under the Directive. Timely introduction will therefore give businesses sufficient time and certainty to plan for the future.

Introducing the standards in phases does not mean that there will be any increased risk to the water environment. The proposed standards augment the protection provided by the standards and controls already in place under existing legislation. Until new standards are developed and introduced under the Water Framework Directive, SEPA will continue to use existing standards, such as those already used in the Scottish Rivers Classification Scheme.

3. Compatible approach across Europe

The Water Framework Directive applies to all states in the European Union and similar processes are being carried out to develop environmental standards in the other Member States. In parallel with this work, the European Commission is leading an 'Intercalibration' exercise to ensure that systems for assessing 'good' ecological status are compatible between countries.

The first phase of this exercise is due to report shortly. This initial phase has only considered assessment methods for a few aquatic species. Although there has been considerable progress in some areas, there is currently not enough information available to develop full guidance for all groups of species. Further phases of Intercalibration will be needed to compare the assessment methods for the full range of plant and animal species that need to be considered in our water bodies.

Experts from the UK have been, and will continue to be, involved in Intercalibration, and our proposals reflect the current results across Europe. This means that standards have only been proposed where we are confident that there is enough information about the outcomes of Intercalibration to propose robust thresholds. However as increased understanding emerges from this exercise, it is expected that some refinement of the proposed UK standards and conditions will be needed.

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Page updated: Tuesday, October 17, 2006