water bodies a good chemical and quantitative status is necessary. Due to its
ecological approach, the WFD interferes with various aspects of nature conservation. It has the general target of protecting and improving the status of aquatic
ecosystems and, with regard to their water needs, terrestrial ecosystems and wetlands directly, depending on the aquatic ecosystems (Art. 1a WFD). The WFD
considers water bodies as a whole and addresses their function as habitats for plants
and animals.
The overall concept for achieving good water status is river basin management
planning. The WFD provides two types of planning tools: the programme of measures (Art. 11 WFD) and the river basin management plan (Art. 13 WFD). Both types
of plans form the basis for a coherent, all-embracing management concept for river
basins. While the RBM Plans reflect the whole planning process in the river basin
(cf. Annex VII WFD), the programmes of measures set out the actions to be taken to
attain directive objectives during the plan period. For the first time, the plans and
programmes had to be established in all EU member states by 2009. They are to be
reviewed and updated by the end of 2015 and every 6 years thereafter.
The field of water management is particularly affected by climate change, because
consequences for both water quality and water quantity are expected, accompanied
by changes in ecological status, usability and the occurrence of extreme events such
as flooding and low water levels (LAWA 2010). Beside these primary impacts, which
are caused by climate change itself, there will be secondary impacts caused by
adaptation measures (e.g. construction of dikes and dams) and mitigation measures
(construction of water power stations to reduce CO 2 emissions) (Reese 2011, p. 63).
Concerning water law, the question is whether the management system of the Water
Framework Directive really is sufficient to meet climate change adaptation needs, or
if it has itself to be adapted accordingly (Reese 2011, p. 62).
9.3.3 General Principles of Legal Climate
Change Adaptation
As Craig has analysed, five principal characteristics of climate change adaptation
law can be identified: (1) constant and comprehensive monitoring; (2) resilience
improvement; (3) long-term cross-sector coordinated planning; (4) principled flexibility in regulatory goals and environmental resource management; (5) acceptance
of inevitable loss (Craig 2010, p. 9 et seq.). The principles reflect the typical
problems that climate change causes for the legal system. It is a highly dynamic
process, it has a great variety of possible effects and affected objects, it is accompanied by considerable uncertainty, and its effects are of a long-term durability,
requiring a de-centralised, location specific response (Reese et al. 2010, p. 13
et seq.). This means that there is no single, general adaptation option that suits all
kinds of natural resource management regulations (Craig 2010, p. 16 et seq.). What
is rather required are many different and specific adaptation measures that are
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M. Gies et al.
ecological approach, the WFD interferes with various aspects of nature conservation. It has the general target of protecting and improving the status of aquatic
ecosystems and, with regard to their water needs, terrestrial ecosystems and wetlands directly, depending on the aquatic ecosystems (Art. 1a WFD). The WFD
considers water bodies as a whole and addresses their function as habitats for plants
and animals.
The overall concept for achieving good water status is river basin management
planning. The WFD provides two types of planning tools: the programme of measures (Art. 11 WFD) and the river basin management plan (Art. 13 WFD). Both types
of plans form the basis for a coherent, all-embracing management concept for river
basins. While the RBM Plans reflect the whole planning process in the river basin
(cf. Annex VII WFD), the programmes of measures set out the actions to be taken to
attain directive objectives during the plan period. For the first time, the plans and
programmes had to be established in all EU member states by 2009. They are to be
reviewed and updated by the end of 2015 and every 6 years thereafter.
The field of water management is particularly affected by climate change, because
consequences for both water quality and water quantity are expected, accompanied
by changes in ecological status, usability and the occurrence of extreme events such
as flooding and low water levels (LAWA 2010). Beside these primary impacts, which
are caused by climate change itself, there will be secondary impacts caused by
adaptation measures (e.g. construction of dikes and dams) and mitigation measures
(construction of water power stations to reduce CO 2 emissions) (Reese 2011, p. 63).
Concerning water law, the question is whether the management system of the Water
Framework Directive really is sufficient to meet climate change adaptation needs, or
if it has itself to be adapted accordingly (Reese 2011, p. 62).
9.3.3 General Principles of Legal Climate
Change Adaptation
As Craig has analysed, five principal characteristics of climate change adaptation
law can be identified: (1) constant and comprehensive monitoring; (2) resilience
improvement; (3) long-term cross-sector coordinated planning; (4) principled flexibility in regulatory goals and environmental resource management; (5) acceptance
of inevitable loss (Craig 2010, p. 9 et seq.). The principles reflect the typical
problems that climate change causes for the legal system. It is a highly dynamic
process, it has a great variety of possible effects and affected objects, it is accompanied by considerable uncertainty, and its effects are of a long-term durability,
requiring a de-centralised, location specific response (Reese et al. 2010, p. 13
et seq.). This means that there is no single, general adaptation option that suits all
kinds of natural resource management regulations (Craig 2010, p. 16 et seq.). What
is rather required are many different and specific adaptation measures that are
140
M. Gies et al.