European Union Water Framework Directive’s ambitious targets for 2015

The EU Water Framework Directive’s ambitious targets for 2015 are approaching. What are the likely impacts on aggregates businesses? Simon Trahair-Davies of 2974 Stephens Scown LLP reviews the legislation and concerns over its impact on the aggregates industry.

An important area of legislation for aggregates and minerals businesses across Europe is the EU Water Framework Directive and the domestic legislation that is implementing it in member states.

While there is a lot of good practice in the industry and support from the 2886 European Aggregates Association to promote sustainable water use, there remains some concern about how the law is being implemented in this area - from uncertainty about licensing which could affect future investment, to issues over competition for abstraction licences with other water users.

Review of current situation

The EU Water Framework Directive was adopted in 2000, and establishes a legal framework to protect and restore clean water across Europe and ensure its long-term sustainable use. Member states must aim to reach good chemical and ecological status in inland and coastal waters by 2015 subject to certain limited exceptions. Other legislation drafted in response to the Water Framework Directive includes the Groundwater Directive, which responds to article 17 of the Water Framework Directive.

The Water Framework Directive’s remit is wide, covering many issues from pollution to climate change. The current focus is on river basin management plans, which will need to be established and updated every six years. This approach focuses water management on the geography of a river basin, rather than according to administrative or political boundaries and will

require joint objective-setting across EU member state borders and in some cases, such as the Rhine, beyond EU territory.

The 1022 European Commission’s latest implementation report on the Water Framework Directive in 2012 showed that a significant proportion of water bodies will not achieve the objective of progressing towards a good status by 2015.

Water and aggregates and minerals operations

In its 2012 position paper, Water Management in the Aggregates Industry, the European Aggregates Association emphasised that the impact of the aggregates industry on water is low and highlights that water recycling, energy efficiency, environmental management, and control of discharge from sites are now established as good practice.
The Association also points out the low water consumption of the industry and the contribution it makes to the targets of the Water Framework Directive, by creating lakes and wetlands to provide biodiversity havens, flood management and water purification.

While such best practice is to be welcomed, there is concern in some member states about the impact of water regulation on aggregates and minerals operations.

In the UK the Water Framework Directive was implemented through the UK Water Act 2003 and a new Water Bill is currently at draft stage.

The 2897 Mineral Products Association (MPA) has outlined several issues with the way water regulation could impact on aggregates businesses. With regard to dewatering, which is to be subject to the abstraction licensing regime, it is seeking certainty about the ability of quarries and pits to dewater when necessary with minimal regulation regarding the granting of licences. To cut down regulation for this already heavily regulated industry, and to provide greater certainty to allow for investment decisions, the MPA is seeking long-term licences and coincidence with the timing of planning permissions and reviews. It wants to avoid repetitious demands for environmental impact assessments.

The MPA is also seeking certainty around licensing as it views it as essential to encourage long-term investment in the industry.

The CBI (business organisation) in the UK echoes this concern, and called for the consultation on the Water White Paper to ensure that it did not affect the UK’s competitiveness.

There is also serious concern about the provisions that allow for an abstraction licence to be revoked without the payment of compensation on the grounds that the abstraction is causing serious damage.

It is clear that aggregates businesses must continue to account for water regulation in their operations and future plans. However, the extent to which the legislation will hamper business through increasing reporting obligations and regulation remains a concern for many.