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Article 9 of the eu Water Framework Directive

Do We Really Need to Calculate Environmental and Resource Costs?

Erik Gawel

Article 9 of the eu Water Framework Directive (wfd) requires Member States to take account of the principle of recovery of the costs of water services, including environmental and resource costs (ercs). Whilst legally the Member States have broad scope for discretion when applying Article 9, the idea that the eu legislator has effectively assigned the Member States a mathematical task to determine the level of cost recovery achieved for environmental and resource costs is increasingly gaining ground in the Common Implementation Strategy (cis) process. The present paper shows that this strict interpretation of taking account of environmental and resource costs has no basis in Article 9, is conceptually misleading, and could even prove counter-productive for the practical application of water protection.

Sarah Hendry

* My thanks to Professor Colin Reid and Professor Andrea Ross, for their comments on the draft; and to the reviewer. All errors, of course, remain my own. 1 Introduction The European Union’s ( eu ) Water Framework Directive 1 ( wfd , the Directive) has been a transformative

Wolfgang Köck and Herwig Unnerstall

207 The Implementation of the EU Water Framework Directive into Federal and Regional Law in Germany Herwig Unnerstall and Wolfgang Köck* I. Introduction The EU Water Framework Directive (WFD) has cre- ated numerous new obligations for water conserva- tion and the prevention of water pollution

Lutz Dalbeck, Joyce Janssen and Sophie Luise Völsgen

the context of the European Natura 2000 protected areas network and implementation of the EU Water Framework Directive. Materials and methods Study area The Hürtgenwald (coordinates: 50°43′N, 6°20′E) is characteristic of the Central European Rhenish Massif and is located at the

Transboundary Water Cooperation in Europe

A Successful Multidimensional Regime?

Series:

Götz Reichert

In Transboundary Water Cooperation in Europe, Götz Reichert analyzes the multidimensional regime for the protection and management of European transboundary freshwater resources that is composed of international water law, the water law of the European Union, and domestic water legislation. Accordingly, qualitative and quantitative aspects regarding surface waters and groundwater are to be managed in an integrated manner to achieve “good water status” of rivers, lakes and aquifers. To this end, “international river basin management plans” provided for by the EU Water Framework Directive are developed by international river commissions for Europe’s major transboundary river basins. Götz Reichert analyzes the various dimensions of the regime including their legal interlinkages and considers the question of whether it is successful in achieving its ambitious goals.

William Howarth

likely legal form of Brexit and the implications of this for environmental law and policy. Taking the eu Water Framework Directive 2 ( wfd ) as a focus for consideration, the main aim of the later part of the discussion is to assess whether the contribution of eu laws for the protection of the

Transboundary Water Cooperation in Europe

A Successful Multidimensional Regime?

Götz Reichert

A multidimensional legal regime for the protection and management of transboundary freshwater resources has started emerging in Europe since 2000. It is composed of international water law, the water law of the European Union, and domestic water legislation. Accordingly, qualitative and quantitative aspects regarding surface waters and groundwater are to be managed in an integrated manner to achieve “good water status” of rivers, lakes and aquifers. To this end, “international river basin management plans” provided for by the eu Water Framework Directive are developed by international river commissions for Europe’s major transboundary river basins. The article analyzes the various dimensions of the regime and attempts to answer the question of whether it has succeeded in achieving its ambitious goals.

. 3–4 Editorial  243 Contributors  245 Focus – European Water Law Developments Edited by Lorenzo Squintani and Marleen van Rijswick The eu Water Framework Directive – Challenges, Gaps and Potential for the Future  249 Sarah Hendry Strengths

Infrastructure Planning in Spain – Public Participation and Legal Protection  232–248 Luis Arroyo Jiménez Article 9 of the EU Water Framework Directive: Do We Really Need to Calculate Environmental and Resource Costs?  249–271 Erik Gawel Legal Prerequisites for a Nutrient

Matthias Buck

decom- missioned facilities to a new installation, if the latter replaces the old facility. This rule is designed to pro- vide operators with an economic incentive to renew their power plants. In his article, Harald Ginzky focuses on the implementation of the EU Water Framework Directive (see also JEEPL