Aspirations and Realities Under the Water Framework Directive: Proceduralisation, Participation and Practicalities

The European Community Water Framework Directive (2000/60/EC) adopts an innovative, holistic and target-orientated approach to the management of relevant waters, with the ambitious aim of achieving ‘good status’ for all relevant waters by 2015. At a ‘half-way’ stage towards full implementation, this article takes stock of practical implementation in England and Wales, and reflects more generally upon the challenges of implementation. On proceduralisation, the discussion suggests that substantive elements are seen to be greatly overshadowed by the breadth of national implementation discretion. Avoiding realisation of good status is allowed and broadly worded derogation provisions are interpreted to enable this. Incongruities between the ideals underlying public engagement and the realities of applying complex environmental legislation are evident. Issues for resolution shift from broad concerns about the desired state of the water environment to highly technical questions about operationalising methodologies (that are likely to exclude public engagement).