The Water Environment (Water Framework Directive) (England and Wales) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for the purpose of implementing in river basin districts within England and Wales Directive 2000/60/EC of the European Parliament and of the Council of 23rd October 2000 establishing a framework for Community action in the field of water policy (O.J. No. L327, 22.12.2000, p. 1), known as the Water Framework Directive (“the Directive”). The Directive is accessible by using the weblink http://europa.eu.int/eur-lex/en.

The Regulations require a new strategic planning process to be established for the purposes of managing, protecting and improving the quality of water resources. That process applies to river basin districts identified by regulation 4. These are river basin districts that are wholly in England, wholly in Wales or partly in England and partly in Wales, but not river basin districts that are partly in Scotland.

General responsibility for ensuring that the Directive is given effect in those districts is placed on the “appropriate authority”. This means the Secretary of State in relation to river basin districts in England, the National Assembly for Wales in relation to such districts in Wales, and the Secretary of State and the Assembly acting jointly in relation to such districts that are partly in England and partly in Wales. Related general duties are placed on the Secretary of State and the National Assembly for Wales, and a general duty is also placed on the Environment Agency (“the Agency”) (regulation 3).

The Agency is required to carry out detailed monitoring and analysis in relation to each river basin district (regulations 5 and 9), and the appropriate authority must ensure that appropriate economic analysis is also carried out (regulation 6). Certain waters used for the abstraction of drinking water must be identified (regulation 7) and a register must be established of those waters and certain other protected areas (regulation 8).

This analytical and preparatory work must then inform the preparation by the Agency of proposals for environmental objectives and programmes of measures in relation to each river basin district (regulation 10). Those objectives will translate the generic environmental objectives set out in the Directive to the particular situation in each river basin district. The preparation of such proposals must include public involvement, and proposals themselves are subject to approval by the appropriate authority.

The results of the Agency’s technical work, the environmental objectives and proposals for programmes of measures must be brought together in the preparation of a river basin management plan for each river basin district (regulations 11 to 15). The Agency is to prepare draft plans, after public involvement (regulations 11 and 12). Those plans must contain details of the results of the prior technical and planning work that will have been done, along with the environmental objectives and programmes of measures proposed for each district. Plans are subject to approval by the appropriate authority and must be periodically reviewed (regulations 13 to 15). The Agency may also prepare supplementary plans, which are not subject to approval by the appropriate authority (regulation 16).

The Secretary of State, the Assembly, the Agency and other public bodies are required to have regard to river basin management plans and to any supplementary plans in exercising their functions in relation to river basin districts (regulation 17).

The Regulations also make supplementary provision in respect of the publication of information, the provision of information and assistance, and the giving of guidance or directions for the purpose of giving effect to the Directive (regulations 18 to 20).

A Regulatory Impact Assessment and a Transposition Note have been prepared in connection with these Regulations and a copy of each has been placed in the library of each House of Parliament. Copies can also be obtained from the Water Quality Division, Department for Environment, Food and Rural Affairs, Zone 3/H16, Ashdown House, 123 Victoria Street, London SW1E 6DE and the Environment Division, National Assembly for Wales, Cathays Park, Cardiff CF10 3NQ, or by using the weblinks http://defra.gov.uk/environment/water/wfd/index.htm or http://www.wales.gov.uk/index.