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Order Of 25 January 2010 On The Methods And Criteria For The Ecological Status Assessment Of Chemical Status And Ecological Potential Of Surface Water Taken Pursuant To Articles R. 212-10, R. 212-11 And R . 212-18 Of The Code Of The E ...

Original Language Title: Arrêté du 25 janvier 2010 relatif aux méthodes et critères d'évaluation de l'état écologique, de l'état chimique et du potentiel écologique des eaux de surface pris en application des articles R. 212-10, R. 212-11 et R. 212-18 du code de l'e...

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Texts transposed

Directive 2000/60/EC of the European Parliament and the Council of 23 October 2000 establishing a framework for community water policy

Summary

Partial transfer of Directive 2000/60/EC of the European Parliament and the Council establishing a framework for a community policy in the field of water.

Keywords

SUSTAINABLE DEVELOPMENT, EUROPEAN DIRECTIVE, PART TRANSPOSITION


JORF n°0046 of 24 February 2010 page 3429
text No. 9



Order of January 25, 2010 on methods and criteria for the assessment of the ecological state, chemical state and ecological potential of surface water under sections R. 212-10, R. 212-11 and R. 212-18 of the Environmental Code

NOR: DEVO1001032A ELI: https://www.legifrance.gouv.fr/eli/arrete/2010/1/25/DEVO1001032A/jo/texte


Minister of State, Minister of Ecology, Energy, Sustainable Development and the Sea, responsible for green technologies and climate negotiations,
In light of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000, establishing a framework for community water policy;
Considering Directive 2008/105/EC of the European Parliament and the Council of 16 December 2008 establishing environmental quality standards in the field of water;
In view of the European Commission's decision 2008/915/EC of 30 October 2008 on the values of the classification systems of the Member States and the results of intercalibration;
Considering the environmental code, including articles L. 211-1, L. 211-2, L. 211-3 and L. 211-4, R. 212-5, R. 212-10, R. 212-11, R. 212-18, R. 212-22, R. 213-12-2;
In view of the decision of 12 January 2010 on the methods and criteria to be applied to delimit and classify the masses of water and to establish the state of the place, as provided for in Article R. 212-5 of the Environmental Code;
In view of the decree of 25 January 2010 establishing the water monitoring program pursuant to section R. 212-22 of the Environmental Code;
Considering the opinion of the interdepartmental water mission of 8 January 2010,
Stop it!

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This Order sets out the methods and criteria used to characterize the different ecological, chemical and ecological conditions of surface water under sections R. 212-10, R. 212-11 and R. 212-18 of the Environmental Code.

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For the purposes of this Order:
I. ― The terms of water mass, surface waters, fresh surface waters, inland waters, coastal waters, transitional waters, mass of surface water, 212 coastal water mass, mass of water streams, mass of water plan of water, mass of transitional water, mass of coastal water, mass of water heavily modified, mass of artificial water, pressure, are heard in accordance with the definitions of January-5 The classification of surface water masses by category and type is established in accordance with the above-mentioned decision of 12 January 2010 provided for in Article R. 212-5 of the Environmental Code.
II. ∙
1° "Environmental Quality Standard": the concentration of a pollutant or a group of pollutants in water, sediment or biota that must not be exceeded to protect human health and the environment.
2° Pollutant: any substance that can lead to pollution.
"Policy": direct or indirect introduction, as a result of human activity, of substances or heat in air, water or soil, which may affect human health or the quality of aquatic ecosystems or terrestrial ecosystems directly dependent on aquatic ecosystems, which cause damage to material property, damage or impediment to the accreditation of the environment or other legitimate uses of the aquatic ecosystem.
3° "Specific pollutant of the ecological state": a hazardous substance identified as being dumped in significant quantities in the water masses of each basin or sub-basin.
4° "Dangerous Substance": substance or groups of substances that are toxic, persistent and bioaccumulative, and other substances or groups of substances that are considered, at an equivalent level, to be subject to bail.
5° Mixing area: area adjacent to the release point where concentrations of one or more pollutants may exceed environmental quality standards. This area is proportionate and limited near the point of release and does not compromise compliance with environmental quality standards on the rest of the water mass.

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The ecological state is the expression of the quality of the structure and functioning of aquatic ecosystems associated with surface waters.

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The ecological state of the surface water is determined by the state of each of the biological, physico-chemical and hydromorphological quality elements provided for in Part 1 of Schedule 1 to this Order, as long as it is relevant to the type of water mass considered. The quality elements of the relevant ecological condition by type of surface water mass are defined in accordance with the above-mentioned dated January 25, 2010 pursuant to section R. 212-22 of the Environmental Code.

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The ecological status classification is established in five ecological classes in accordance with the definitions of Part 2 of Schedule 1 to this Order, with the exception of the highly modified or artificial water masses. The classification of the ecological state of the heavily modified or artificial water masses is established in five classes of ecological potential in accordance with the definitions of Part 2.5 of Schedule 1 to this Order.
The classification of the condition of biological quality elements is based on a deviation from the reference conditions by type of water masses.

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The classification of the ecological state corresponds to the lowest of the values of the state of the quality elements, applying the rules of aggregation between the different quality elements defined in Appendix 2 to this Order.

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The terms and conditions for assessing the status of the ecological quality elements of the surface freshwater are set out in Appendix 3 to this Order. These indicators and threshold values are consistent with European Commission decision 2008/915/EC of 30 October 2008. These numerical values specify for these quality elements the limit between ecological status classes defined in Appendix 1 to this Order.
The environmental quality standards for specific pollutants in the ecological state, as set out in Appendix 3 to this Order, are set by the Minister in charge of ecology, on the proposal of the ONEMA, as defined in Appendix 4 to this Order.

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The ecological potential of highly modified and artificial fresh surface water masses is determined by the method set out in Appendix 5 to this Order.

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The terms and conditions for assessing the status of quality elements of the ecological state of coastal waters are set out in Appendix 6 to this Order. These indicators and threshold values are consistent with European Commission decision 2008/915/EC of 30 October 2008. These numerical values specify for these quality elements the limit between ecological status classes defined in Appendix 1 to this Order.

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The ecological potential of the coastal water masses is determined by the method set out in Appendix 10 to this Order.

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The chemical state of a surface water mass is good when pollutant concentrations do not exceed environmental quality standards. The list of the pollutants concerned and the environmental quality standards (hereinafter referred to as the corresponding "NQE") are defined in item 1 of Schedule 8 to this Order.
The good chemical condition is reached for a pollutant when all NQEs of this pollutant are respected at any point in the mass of water outside the mixing area.
For surface water, NQE can be fixed for water, sediment or biota.
The chemical state of a monitoring site is defined as follows:
- where one of the NQE for these pollutants is not respected, the station is considered to be in poor condition;
― when all NQEs for these pollutants are met, the station is considered to be in good condition;
― where compliance with NQE could not be determined for all of these pollutants, in this case only, the station's condition is considered unknown.
The terms and conditions for assessing NQE compliance for a particular pollutant are set out in item 2 of Appendix 8 to this Order.
For each monitoring site, the percentages of pollutants for which the chemical is good, unknown or bad are calculated for all pollutants. These percentages as well as all available information are used to define the chemical state of the water mass and the confidence level associated with the principles defined in Annex 11.

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The data used to assess the ecological and chemical state of the surface water masses are defined in Appendix 9 to this Order.

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The rules for taking into account several monitoring sites within a mass of water and the modalities for spatial extrapolation to assess the state of the water masses that do not have data in accordance with Article 12 of this Order are specified in Annex 10 to this Order.

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The terms and conditions for the allocation of a level of confidence to the ecological and chemical state of a surface water mass are set out in Appendix 11 to this Order.

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The terms of representation to be followed for the realization of ecological and chemical state and potential maps for surface water masses are defined in Appendix 12 to this Order.

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The assessment data shall be produced, retained and made available in accordance with the technical reference of the water information system provided for in section R. 213-12-2 of the environmental code.

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The Director of Water and Biodiversity is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.

  • Annex



    A N N E X E S
    A N N E X E 1


    NORMATIVE DEFINITIONS FOR CLASSIFICATION OF EAST AND ECOLOGICAL POTENTIELS OF SURFACE


    1. Quality elements for classification
    of the ecological state of surface water


    The ecological state of the surface water is determined by the state of each of the biological, physico-chemical and hydro-morphological quality elements provided for in Part 1 of this Annex, provided that it is relevant to the type of water mass considered in accordance with the order of January 25, 2010 pursuant to Article R. 212-22 of the Environmental Code.
    The aggregation rules between the different quality elements to assign an ecological class to the surface water masses are defined in Appendix 2 below.
    Table 1: Quality elements and parameters for the classification of the ecological state of surface water
    1. Run.
    1.1. Biological elements.
    1.1.1. Composition and abundance of aquatic flora.
    1.1.2. Composition and abundance of invertebrate benthic fauna.
    1.1.3. Composition, abundance and age structure of ichtyofaune.
    1.2. Hydromorphological elements supporting biological elements.
    1.2.1. Hydrological regime:
    ― quantity and dynamic flow of water;
    - connection to the masses of underground water.
    1.2.2. Continuity of the river.
    1.2.3. Morphological conditions:
    - variation of the depth and width of the river;
    structure and bed substrate;
    - structure of the shoreline.
    1.3. Chemical and physico-chemical elements supporting biological elements.
    1.3.1. General elements:
    - water temperature;
    - oxygen balance;
    - salinity;
    - state of acidification;
    - nutrient concentration.
    1.3.2. Specific pollutants:
    - pollution by any specific synthetic pollutants other than priority substances, identified as being dumped in significant quantities in the mass of water;
    - pollution by any specific non-synthetic pollutants, other than priority substances, identified as being dumped in significant quantities in the mass of water.
    2. Water planes.
    2.1. Biological elements.
    2.1.1. Composition, abundance and biomass of phytoplankton.
    2.1.2. Composition and abundance of aquatic flora (other than phytoplankton).
    2.1.3. Composition and abundance of invertebrate benthic fauna.
    2.1.4. Composition, abundance and age structure of ichtyofaune.
    2.2. Hydromorphological elements supporting biological elements.
    2.2.1. Hydrological regime:
    ― quantity and dynamic flow of water;
    - time of residence;
    - connection to the groundwater mass.
    2.2.2. Morphological conditions:
    - variation of the depth of the lake;
    ― quantity, structure and bed substrate;
    - structure of the shoreline.
    2.3. Chemical and physico-chemical elements supporting biological elements.
    2.3.1. General elements:
    transparency;
    - water temperature;
    - oxygen balance;
    - salinity;
    - state of acidification;
    - nutrient concentration.
    2.3.2. Specific pollutants:
    - pollution by all specific synthetic pollutants, other than priority substances, identified as being dumped in significant quantities in the mass of water;
    - pollution by any specific non-synthetic pollutants, other than priority substances, identified as being dumped in significant quantities in the mass of water.
    3. Transition waters.
    3.1. Biological elements.
    3.1.1. Composition, abundance and biomass of phytoplankton.
    3.1.2. Composition and abundance of aquatic flora (other than phytoplankton).
    3.1.3. Composition and abundance of invertebrate benthic fauna.
    3.1.4. Composition, abundance and age structure of ichtyofaune.
    3.2. Hydromorphological elements supporting biological elements.
    3.2.1. Morphological conditions:
    - variation of depth;
    ― quantity, structure and bed substrate;
    - structure of the intertidal zone.
    3.2.2. Tides diet:
    - fresh water flow;
    - exposure to waves.
    3.3. Chemical and physico-chemical elements supporting biological elements.
    3.3.1. General elements:
    transparency;
    temperature;
    - oxygen balance;
    - salinity;
    - nutrient concentration.
    3.3.2. Specific pollutants:
    - pollution by all specific synthetic pollutants, other than priority substances, identified as being dumped in significant quantities in the mass of water;
    - pollution by any specific non-synthetic pollutants, other than priority substances, identified as being dumped in significant quantities in the mass of water.
    4. Coastal waters.
    4.1. Biological elements.
    4.1.1. Composition, abundance and biomass of phytoplankton.
    4.1.2. Composition and abundance of aquatic flora (other than phytoplankton).
    4.1.3. Composition and abundance of invertebrate benthic fauna.
    4.2. Hydromorphological elements supporting biological elements:
    4.2.1. Morphological conditions:
    ― changes in depth;
    structure and substrate of the coast;
    - structure of the intertidal zone.
    4.2.2. Tides diet:
    - direction of dominant currents;
    - exposure to waves.
    4.3. Chemical and physico-chemical elements supporting biological elements.
    4.3.1. General elements:
    transparency;
    - water temperature;
    - oxygen balance;
    - salinity;
    - nutrient concentration.
    4.3.2. Specific pollutants:
    - pollution by all specific synthetic pollutants, other than priority substances, identified as being dumped in significant quantities in the mass of water;
    - pollution by any specific non-synthetic pollutants, other than priority substances, identified as being dumped in significant quantities in the mass of water.
    5. Highly modified and artificial water mass.
    The quality elements applicable to artificial and highly modified surface water masses are those that are applicable to that of the four natural surface water categories that most resemble the mass of artificial or highly modified surface water.


    2. Definitions of ecological class of surface water


    Table 2 below provides a general definition of ecological quality.
    For the purposes of the classification, Parts 2.1 to 2.4 of this annex establish, in the light of Table 2, the definitions of the very good ecological condition, the good ecological condition and the average ecological state for rivers (Part 2.1), lakes (Part 2.2), transitional waters (Part 2.3) and coastal waters (Part 2.4). As for Part 2.5, it sets out the definition of maximum ecological potential, good ecological potential and the average ecological potential of highly modified or artificial water masses.



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    A N N E X E 2
    RULES OF APPROACHES AND ELEMENTS
    DE QUALITY OF THE COLOGICAL STATE FOR SURFACE
    1. Approval of quality elements
    in ecological classification


    The rule of aggregation of quality elements in the classification of the ecological state is that of the principle of the declassifying quality element. The following diagram (1) shows the respective roles of biological, physico-chemical and hydromorphological elements in the classification of the ecological state.



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    (*) Corresponding to the reference conditions for a given biological quality element means that the value estimated for this biological quality element is above the lower limit of the very good condition.



    Thus:
    The attribution of an ecological class "very good" or "good" is determined by the values of biological, physico-chemical elements (general physico-chemical parameters and specific substances of the ecological state) on the quality elements relevant to the type of water mass considered and hydromorphological in case all biological and physico-chemical elements correspond to the very good condition.
    The allocation of an ecological class "medium" is obtained:
    ― when one or more of the biological elements is classified as medium, if any other biological elements are classified as good or very good;
    – or where all biological elements are classified good or very good, and at least one of the general physico-chemical elements or specific pollutants corresponds to a state less than good (2)(3).
    The attribution of a "bad" or "bad" ecological class is determined by the only biological quality elements.
    When at least one element of biological quality is in medium, poor or bad condition, the assigned status class is that of the most declassifying biological quality element.


    2. Aggregation of parameters
    to assess the status of quality elements


    The rules for aggregation of parameters to be applied to assess the status of quality elements are:


    2.1. Within biological elements


    When biological indices allow the attribution of a class of state at the level of a parameter, the principle of the declassifying parameter is applied for the attribution of a class of state at the level of the quality element. In other words, the state of a quality element corresponds to the lowest of the values of the state of the constituent parameters of this quality element.


    2.2. Within general physico-chemical elements


    When several parameters intervene for the same element of general physico-chemical quality (4), the principle of the declassifying parameter is applied for the assessment of this element (the state of a quality element corresponds to the lowest of the values of the state of the constituent parameters of that element of quality), relaxed in the following terms.
    An element of general physico-chemical quality, for which several parameters intervene, is classified in good condition, in addition to cases resulting from the application of the declassifying parameter principle, where the following two conditions are met:
    – all biological quality elements and other physico-chemical quality elements are classified in a good or very good condition;
    – a single constituent parameter of this quality element is classified in an average state.
    In this case, the declassifying physico-chemical parameter is classified in medium condition and the corresponding quality element is classified in good condition.
    The easing of the declassifying parameter principle does not apply to the nitrate parameter for the classification in good condition. Thus, in other words, a mass of water whose nitrate parameter is classified as less than good (concentration greater than 50 mg/l) is classified in ecological condition less than good.
    The two parameters "dissolved oxygen" and "dissolved saturation rate in 02" are intimately linked and dependent. As a result, they can be considered as a single parameter to apply the easing modalities described above to assess the condition of the oxygen balance quality element.


    2.3. Within specific pollutants of the ecological state


    The principle of the declassifying parameter is applied to assign a class of state to the specific pollutants of the ecological state. In other words, a class of state is respected for specific pollutants of the ecological state when all specific pollutants of the ecological state are classified at least in this class of state or in unknown state.
    Thus, the specific pollutants of the ecological state as a whole are classified in good condition when all specific pollutants of the ecological state are classified in good, very good or unknown condition.


    A N N E X E 3


    EVALUATION MODALITIES OF THE STATUS OF ASSESSMENTS OF THE COLOGICAL STATE FOR SELF-DOUCES
    Indicators, threshold values and methods for calculating quality elements of the ecological state for which methods are currently available to establish reliable numerical values of the state class limits are indicated, for watercourses in Part 1 of this Annex, and for water plans in Part 2 of this Annex.
    Indicators are usable in accordance with the intrinsic technical application conditions and limitations of each index, described in the reference technical standards and documents.


    1. Indicators, threshold values and state calculation methods
    quality elements of the ecological state of watercourses
    1.1. Biological elements


    Indicators, threshold values and methods for calculating the status of biological quality elements of watercourses are:


    1.1.1. Invertebrates


    Table 1 below shows the lower values of the class limits for the Invertebrate biological index, by type of watercourse, in the following form: a-b-c-d (a = lower limit of the very good condition, b = lower limit of the good condition, c = lower limit of the average state, d = lower limit of the poor state).
    The Invertebrates biological index to be used is the standardized global biological index (NF T90-350) with the sampling protocol of the standard XP T90-333 of 2009 (water macro-invertebrate sampling protocol in shallow rivers) and the sample processing protocol of the following document: protocol for the sampling and processing of samples of the invertebrates consolidated on the monitoring program (GREF methodological note of 30 March 2008,
    The classification shall be determined by calculating the average of the indices obtained over each year from the data acquired in accordance with the provisions of Article 12 of this Order; then, by comparing this average to the class limits shown in Table 1 below.



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    1.1.2. Diatoms


    Table 2 below shows the lower values of the class limits for the Diatomas biological index, by type of watercourse, in the following form: a-b-c-d (a = lower limit of the very good condition, b = lower limit of the good condition, c = lower limit of the average state, d = lower limit of the poor state).
    The Diatoms biological index to be used is IDB 2007 (AFNOR NF T 90-354 standards published in December 2007).
    The classification shall be determined by calculating the average of the indices obtained over each year from the data acquired in accordance with the provisions of Article 12 of this Order; then, by comparing this average to the class limits shown in Table 2 below.



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    1.1.3. Fish


    Table 3 below shows the class limit values per watercourse type for the Fish Biological Index. The limits of each class are taken into account as follows:
    - for the very good condition: [value of the upper limit (included), value of the lower limit (included)];
    - for good, medium and poor states: ]value of the upper limit (excluded), value of the lower limit (included)];
    - for the bad state: 1 value of the upper limit (excluded).
    The biological index Fish to be used is as follows: NF T 90-344 (2004), with the sampling protocol for XP T90-383 (2008).
    The application limits of the index are specified in the following document: the IR, presentation and use notice (CSP, April 2006).
    The classification shall be determined by calculating the average of the indices obtained over each year from the data acquired in accordance with the provisions of Article 12 of this Order; then, by comparing this average to the class limits shown in Table 3 below.
    Table 3: River Fish Index


    STATE CLASSES
    VALUES OF LIMITES
    upper and lower
    status class

    Very good

    [0; 7]

    Good.

    ]7 ; 16]

    Average

    ]16 ; 25]

    Mediocre

    ]25 ; 36]

    Bad

    1 36


    1.1.4. Cases of overseas departments


    The biological indices of 1.1.1, 1.1.2, 1.1.3 do not apply to overseas departments. Current knowledge does not allow for reliable threshold indices and values for biological quality elements in overseas departments. Some elements of quality or general physico-chemical parameters, or some threshold values, are not suitable either. Specific indicators adapted to the ecology of these environments are under development. In this expectation, the Basin Coordinator assesses the ecological state of the surface water masses, in the context of the normative definitions of Appendix 1 to this Order, based on current knowledge, provisional indicators and an expert.


    1.2. General physico-chemical elements


    The general physico-chemical elements are primarily involved in biological conditions. For the class "good" and lower classes (5), the threshold values of these physico-chemical elements are set to meet the class limits established for biological elements, which are supposed to translate the proper functioning of ecosystems.
    In the current state of knowledge, the class limits are expressed by parameter and not by quality element (e.g., dissolved oxygen is a constituent parameter of the "oxygen balance" element.
    Table 4 below shows the class limit values for the parameters of general physico-chemical elements. The limits of each class shall be taken into account as follows: ]value of the upper limit (excluded), value of the lower limit (included)].
    These threshold parameters and values are applicable as long as the sampling and analysis protocols conform to those prescribed in the January 25, 2010 Order establishing the Water Condition Monitoring Program pursuant to section R. 212-22 of the Environmental Code.
    The classification is established by comparing these values with the percentile 90 obtained from the data acquired in accordance with the provisions of Article 12 of this Order.
    For classification in very good ecological condition, physico-chemical conditions little or not disturbed are required. In the expectation of the determination of reliable values adapted to the different types of surface water masses, the values indicated in this annex of the class limits between the good and the very good condition of the general physico-chemical parameters are to be considered as indicative.


    1.2.1. General case



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    For physico-chemical quality elements, the upper and lower limits of the "good" class are sufficient for the classification of the ecological state, since a less than good ecological condition is attributed on the basis of biological elements. However, in view of the data and tools available today, the ecological state of some water masses can be evaluated by considering with as a single digital base data relating to general physico-chemical parameters, from monitoring or modeling tools. In these cases, the values of the class limits between the average state and the poor state and between the poor state and the poor state of the general physico-chemical parameters indicated in the general table above.


    1.2.2. Special cases


    The elements of this Part 1.2.2. indicate the adaptations to be made in specific cases compared to the values in Table 4.
    In these particular cases, the fact that the value of these elements or parameters is naturally influenced without significant anthropogenic cause should be justified.
    Table 5: Naturally low oxygen watercourse



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    Table 6: Naturally rich in organic matter



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    Table 7: Naturally cold watercourses (water temperature below 14 °C) and low alkaline (pH max below 8.5 pH unit) less sensitive to NH4+ content (HER 2 Internal Alps: very small to medium watercourse)



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    Table 8: Naturally Acid Water Course



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    Water courses in peatland areas:
    Not taken into account the "organic carbon" parameter.
    Naturally high temperature watercourse (HER 6 : Mediterranean):
    Not taken into account the "temperature" parameter, as summer temperatures are naturally elevated in a recurring manner due to climate influences.


    1.2.3. Cases of local exceptions


    Some quality elements or parameters, or some threshold values, are not locally relevant at certain sites or water masses, as the value of these elements or parameters are naturally influenced locally without significant anthropogenic cause. In this case, these elements or parameters are not considered to assess the state of this or these masses of water. This non-use should be duly justified, with objective arguments showing the natural cause and the absence of significant anthropogenic influence on this element or parameter.
    If the natural reasons influencing the elements or parameters of physico-chemistry supporting biology result in an impossibility of reaching the threshold values of the type concerned for a biological element(s) that directly depend on it, these biological and physico-chemical elements or parameters are not taken into account to assess the state of this or these water masses.


    1.3. Specific environmental pollutants


    The specific pollutants of the ecological state are the hazardous substances for aquatic environments spilled into significant quantities in the water masses of each basin or under watershed. They are arrested by the basin coordinator prefects in the water development and management frameworks.
    For the 2009-2015 management cycle, specific environmental pollutants and environmental quality standards to be taken into account in the assessment of the ecological state of metropolitan continental surface waters are listed in tables 9 and 10 below:
    Table 9: Non- Synthetic Specific Pollutants


    NOM
    substance
    CODE SANDRE
    NQE MOYENNE
    annual
    (μg/l)*

    Arsenic disband

    1369

    4.2

    Chrome dissolved

    1389

    3.4

    Copper dissolved

    1392

    1.4

    Zinc disbanded

    1383

    Lower hardness
    or equal
    at 24 μg CaCO3/l: 3.1



    Hardness greater than 24 μg CaCO3/l: 7.8

    * These standards are provisional in nature because they do not fully correspond to the definition of an NQE. These values are protective only for organisms in the water column and do not include secondary poisoning.


    As with chemical parameters, metal standards can be corrected by the geochemical background and bioavailability.
    Table 10: Synthetic specific pollutants

    NOM
    substance
    CODE SANDRE
    NQE MOYENNE
    annual
    (μg/l)*

    Chlortoluron

    1136

    5

    Oxadiazon

    1667

    0.75

    Linuron

    1209

    1

    2.4 D

    1141

    1.5

    2.4 MCPA

    1212

    0.1

    * These standards are provisional in nature because they do not fully correspond to the definition of an NQE. These values are protective only for organisms in the water column and do not include secondary poisoning.


    In addition, for Martinique and Guadeloupe:

    NOM DE LA SUBSTANCE
    CODE SANDRE
    NQE MOYENNE ANNUAL
    Fresh water
    surface area
    Coastal waters
    and transition
    Biote

    Chlordece

    1136

    0.1 μg/l

    0.1 μg/l

    20 μg/kg


    Environmental quality standards for specific pollutants of the ecological state are subject to public consultation as part of the provisions of Article L. 212-2 of the Environmental Code.
    The standards and procedures for interpreting the results of analyses are identical to those defined in Article 11 concerning the assessment of the chemical state of the water masses of this Order.


    1.4. Cases of hydromorphological elements


    In accordance with the definitions in Appendix 1, the classification of a mass of water in very good ecological condition requires little or no disrupted conditions of hydromorphological quality elements (morphology, hydrological regime, continuity for watercourses).
    In accordance with the definitions in Appendix 1, the classification of a mass of water in good ecological condition requires conditions of hydromorphological quality elements to achieve the values of biological quality corresponding to the good ecological condition.
    In the expectation of the determination of the relevant threshold indicators and values of these conditions of hydromorphological elements, the available information on hydromorphological pressures, including those from the large-scale atlas (6) of the SYRAH-EC tool (Relative System of Audit of Hydromorphology of Watercourses) is to be considered for the attribution of the class "very good" to the hydromorphological quality elements.


    1.5. Situation of interpretation tool gaps


    This is the case where numerical values of class limits are not yet established for a quality element of the ecological state of specific pollutants and for a given mass of water, and where data are available for the quality element and the type of water mass considered.
    In this case, this data is used to assess the status of this quality element when the interpretation of this data provides valid information to assess the status of this water mass with respect to the definitions in Appendix 1 to this Order.


    2. Indicators, threshold values and state calculation methods
    quality elements of the ecological state of water plans


    The indicators, threshold values and methods for calculating the state of the quality elements of the ecological state of the water plans are as follows:


    2.1. Biological elements
    2.1.1. General case


    Table 11 below shows the values of the class limits for the constituent parameters of the Phytoplancton quality element for the natural water plans of the national water design.
    The classification of the status of these parameters is determined by calculating the average of the indices obtained over each year from the data acquired, in accordance with the provisions of Article 12 of this Order; then, by comparing this average to the class limits shown in Table 11 below.
    Table 11: Phytoplancton



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    The Phytoplancton biological index to be used is the planktonic index (IPL) of rapid diagnosis, as indicated in: Barbe J., Lafont M., Mouthon J., Philippe M., 2003. Updated Protocol on Rapid Assessment of Water Plans. Report Cemagref ― Lyon, Agence de l'eau Rhône-Méditerranée-Corse, 24 p.
    The chlorophyll-a concentration parameter ([Chl-a]) is the summer mean of chlorophyll-a concentration, expressed in μg/l. The class limits to be used for the assessment of the status of this parameter are determined by water plan according to formula 1 below.
    Formula 1: Formulas for calculating class limits by water plan for the summer mean parameter of chlorophyll-a concentration.
    The concentration is expressed in μg/l; " prof moy" is the average depth of the water plan expressed in meter; "log" the logarithm in base 10.



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    You can consult the table in the
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    The threshold values obtained by these formulas are applicable as long as the sampling and analysis protocols conform to those prescribed in the January 25, 2010 Order establishing the Water Condition Monitoring Program, pursuant to section R. 212-22 of the Environmental Code, within the limits of application of the model that are specified in the following document: De Bortoli J., Argillier C., 2008, Definition Water Plans ― Chlorophylle-a Parameter, Cemagref Aix-en-Provence.
    For water bodies subject to high water level variations, the average depth of the water plan is established with reference to the average water plan rating or the normal operating rating.


    2.1.2. Special cases


    For water plans listed in Table 12 below, the class limits to be used for the chlorophyll-a concentration parameter are those defined in Table 12.
    Table 12: Values of Class Limits for Special Cases (Chl-a) mean summer chlorphyla-a concentration in μg/l)



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    2.1.3. Cases of overseas departments


    The biological indices of 2.1.1, 2.1.2 do not apply to overseas departments. Current knowledge does not allow for reliable threshold indices and values for biological quality elements in overseas departments. Some elements of quality or general physico-chemical parameters, or some threshold values, are not suitable either. Specific indicators adapted to the ecology of these environments are under development. In this expectation, the Basin Coordinator assesses the ecological state of the surface water masses, in the context of the normative definitions of Appendix 1 to this Order, based on current knowledge, provisional indicators and an expert.


    2.2. General physico-chemical elements
    2.2.1. General case


    The parameters and threshold values of the general physico-chemical elements to be taken into account are presented in table 13 below.
    For classification in very good ecological condition, physico-chemical conditions little or not disturbed are required. In the expectation of the determination of reliable values adapted to the different types of water plans, the values listed in this annex of the class limits between the good and the very good condition of the general physico-chemical parameters are to be considered as indicative.
    These threshold parameters and values are applicable as long as the sampling and analysis protocols conform to those prescribed in the January 25, 2010 Order establishing the Water Condition Monitoring Program pursuant to section R. 212-22 of the Environmental Code. The constituent parameters of the phytoplankton quality element are taken from an integrated sample on the euphotic area (2.5 times the transparency to the Secchi disc) at the point of greater depth of the water plan, in accordance with the provisions of the same order.
    Table 13: General Physico-chemical parameters



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    1 The NO3 parameter can also be taken into account, with in particular the value of 50 mg/l for the "good/medium" limit.
    2 Indicative parameters and limits.
    3 The quality element is classified in good condition if deoxygenation is less than 50%.
    * No values established at this stage of knowledge; will be fixed later.
    Ilox, an oxygen saturation index, can be taken into account as a complementary measure to assess the condition of the oxygen balance quality element.
    The nutrient parameters to be taken into account are explained in Table 14 below.
    Table 14: Nutrition parameters



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    2.2.2. Cases of typological exceptions


    The maximum mineral nitrogen limits can be adapted to the characteristics of certain types of water plans.
    The limits given in Table 13 for transparency can be adapted according to the types of water plans, especially for the types of naturally untransparent water plans without anthropogenic cause (in particular, shallow and small lakes and/or rich in humic acids).


    2.2.3. Cases of local exceptions


    Some quality elements or parameters, or some threshold values, are not locally relevant at certain sites or water masses, as the value of these elements or parameters are naturally influenced locally without significant anthropogenic cause. In this case, these elements or parameters are not considered to assess the state of this or these masses of water. This non-use should be duly justified, with objective arguments showing the natural cause and the absence of significant anthropogenic influence on this element or parameter.
    If the natural reasons influencing the elements or parameters of physico-chemistry supporting biology result in an impossibility of reaching the threshold values of the type concerned for a biological element(s) that directly depend on it, these elements or parameters are not considered to assess the state of that or those water masses.


    2.3. Specific environmental pollutants


    The principles defined in Part 1.3 of this Annex for watercourses are applicable to water bodies.


    A N N E X E 4


    MODALITIES OF THE ENVIRONMENTAL QUALITY STANDARDS OF SPECIAL POLLUTANTS OF THE EcoLOGICAL STATE
    Environmental quality standards are established by the Ministry in charge of Ecology, on the proposal of ONEMA, to the extent possible, from both acute and chronic ecotoxicological data for the following three taxa:
    - algae and/or macrophytes;
    - the representative daphnies or organisms of the saltwater;
    - fish.
    Any other taxum for which data exist is also used to the extent that it would be relevant to the type of water mass concerned.
    The factors used to establish environmental quality standards at an annual average concentration are appropriately defined in accordance with the nature and quality of the available data and in accordance with the guidance provided in Part II, paragraph 3.3.1. of the technical guidance document for Commission Directive 93/67/E on the risk assessment of new notified substances and Commission Regulation (EC) No. 1488/94 on the risk assessment of existing substances.
    In particular, the safety factors for establishing the annual average standards are established in accordance with the rules set out in the following table:



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    In all cases, the most recent methodology defined at the community level applies to the establishment of environmental quality standards.
    When data on persistence and bioaccumulation are available, they should be taken into account in determining the final value of the environmental quality standard.
    The standards obtained are subject to a peer review. They are compared with elements from field studies. When abnormalities are found, new ecotoxicological elements should be obtained to allow the calculation of a more robust environmental quality standard based on a more accurate safety factor. In general, new scientific and field elements are taken into account to update standards.


    A N N E X E 5


    METHODOLOGY FOR ATRIBUTION OF ECOLOGICAL POTENTIEL FOR MODIFIED WATER MASSES (MEFM) AND ARTIFICIELLES (MEA) SURFACE DOUCES
    At this stage, the classification of the ecological potential of highly modified (MEFM) and artificial (MEA) water masses is in 4 classes: good and more; medium; poor ; bad.


    1. General principles


    The assessment of the ecological potential of MMEFM and MEA is defined by a mixed approach that crosses available data on the state of the environment and an "alternative" approach based on impact mitigation measures.
    This alternative approach defines the values of the quality elements for which references to the maximum ecological potential are not available corresponding to the good ecological potential as those obtained in a situation where all mitigation measures are implemented, which:
    · have proven efficacy in terms of the quality and functionality of the environments (including, for example, measures for improving hydraulic management modes or controlling nutrient flows to contain eutrophication);
    ― are technically and socio-economically feasible without challenging the use(s) at the basis of the designation as MEFM or MEA.
    In addition, measures may be necessary to ensure ecological continuity, even when the good potential of a mass of water is reached, in particular, to respect the objective of non-degradation of this mass of water or to respect or reach the good state/potential of other water masses.


    2. Attribution of ecological potential
    to heavily modified water masses
    2.1. Case typology MEFM
    and mandatory technical constraints


    To apply this alternative approach, it is requested to rely on the type of MEFM case, presented in Table 1 of this Appendix (large type of water mass by type of work or physical layout). The different types of MEFM cases are homogeneous in terms of hydromorphological alterations impacting biological quality elements. This typology, developed at the national level and presented below, is a first framework for analysis and work to identify mandatory technical constraints (defined in § 2.2 of this annex) by types of cases of MEFM.
    It should be emphasized that the existence of a mandatory technical constraint in an area (e.g., a strong seasonal hammering constraint) does not prevent the implementation of impact mitigation measures in this area (e.g., water level management modalities of a restraint limiting the impact on aquatic communities).


    Table 1: Typology of MEFM cases



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    2.2. Definition of mandatory technical constraints (CTO)


    Minimum depth/maintenance of a water line:
    For navigation, the CTO is to have a sufficient depth or height of water (mouillage) which is most often translated by maintaining the constant water line (hydraulic regulation and dam/ lock).
    Obligation of a certain flow rate and fall:
    Hydropower production is based on the notion of electric power that is dependent on a flow rate, a drop height and the output of installed turbines.
    High seasoning:
    On deductions this constraint is related to the storage of the resource for the production of hydroelectricity in periods of high energy demand (winter or summer) or stretching support.
    Low short-term and low-season marnage:
    Linked to a resource storage activity (AEP, irrigation, hydroelectricity).
    Usable volume:
    Linked to a resource storage activity (AEP, irrigation, hydroelectricity, stretching support).
    Restitution:
    At the end of the restraints the water masses see their annual hydrological cycle modified by the uses of the stored water.
    Rectification, relocation of the EC/Chenal de navigation/Credit radius:
    For navigation, the geometry of the channel (traced in plan) is very constrained, but there is a certain flexibility between the width and radius of curvature. Thus, with shorter curvature radius, a wider width is necessary. These constraints are more or less easy to satisfy depending on the gauge and the importance/morphology of the watercourse.
    Soil drainage has often been accompanied, at a minimal level, by a recalibration of the watercourse or even a rectification.
    Minor bed block:
    The blocking of the minor bed is in theory not essential to navigation, but in fact, on the understanding that the watercourse must pass under the bridges and pass through the thresholds/ locks, the margin of divagation to the law of the navigation works is almost zero.
    The narrow dam for flood protection was intended to channel the floods and, in fact, suppressed any possible divagation of the minor bed.
    Limitation of the flood expansion field:
    The very principle of flood protection is to limit overflow capacity.


    2.3. Biological and physico-chemical indicators
    for heavily modified water masses (MEFM)
    2.3.1. Case of MEFM Watercourses


    To assess the ecological potential of a mass of water that is highly modified streams, the class indicators and limits established on the diatoms in Appendix 3 to this Order (§ 1.1.2) and on the physico-chemical elements in Appendix 3 to this Order (§ 1.2. General physico-chemical elements and § 1.3. Specific pollutants of the ecological state), applying the aggregation rules referred to in Appendix 2.


    2.3.2. Case of MEFM Water Plan


    To assess the ecological potential of a mass of water that is highly modified a water plan, the class indicators and limits established on the concentration in chlorophyll-a in Appendix 3 to this Order (§ 2.1) and on physico-chemical elements in Appendix 3 to this Order (§ 2.2, § 2.3), applying the aggregation rules referred to in Appendix 2.
    2.4. Integrating mandatory technical constraints (CTO) to the results of biological and physico-chemical indicators for the allocation of a class of ecological potential
    To overcome the absence, at the present time, of all appropriate biological indicators to assess the good potential (references, sampling protocols), it is considered that hydromorphological pressures outside CTO result in a negative effect on the biological potential of the water masses.
    The ecological potential class is assigned according to the following table:



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    3. Attribution of ecological potential
    to the masses of artificial water


    The general principles described in paragraph 1 of this annex apply to artificial water masses (AMEs), for the attribution of ecological potential.


    A N N E X E 6
    INDICATORS AND VALUES
    OF THE EcoLOGICAL EAST OF LITTORAL


    Indicators, threshold values and methods for calculating quality elements of the ecological state for which methods are currently available to establish reliable numerical values of the state class limits are indicated for coastal waters in Part 1 of this Annex, and for transitional waters in Part 2 of this Annex.


    1. Indicators, threshold values and state calculation methods
    quality elements of the ecological state of coastal waters
    1.1. Biological elements
    1.1.1. Phytoplancton


    For phytoplankton, the French index will contain in fine the parameters required by the DCE:
    ∙ chlorophyll a (mass indicator)
    ― blooms (indicators of efflorescence and abundance) or the concentration of cells measured by flow cytometry (indicators of abundance) for the Mediterranean transition waters;
    - taxonomic composition.
    The combination of the three metrics in one index remains to be defined.
    In the expectation of a more complete index, the classification of water masses for the phytoplankton quality element will be done with two parameters (chlorophyll a and blooms); the combination index of these two parameters is based on a weighted average.


    1.1.1.1. Chlorophylle a


    The defined metric is the 90 percentile of the chlorophyll values, calculated on monthly data acquired at varying periods depending on the water masses. The quality grid is shown in Table 1 below.


    Table 1: Quality grid for chlorophyll parameter a



    You can consult the table in the
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    1.1.1.2. Blooms/abundance


    For the blooms parameter, the metric is defined as the percentage of samples for which a taxon exceeds a threshold value. Two threshold values are defined:
    100,000 cells for size species: 20 μm;
    250,000 cells for size species: 5μm x ø 20 μm.
    The metric is calculated for all two size classes, on monthly data, acquired throughout the year and for six years (or for at least five years for the Mediterranean Coastal Water Masses (CMEs).
    The quality grid is shown in Table 2 below.


    Table 2: Quality grid for bloom-abundancy parameter





    You can consult the table in the
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    1.1.2. Benthic invertebrates


    The classification of the French coastal water masses for the benthic invertebrate parameter will be done with the M-AMBI index (7), which incorporates the three parameters required by the DCE:
    AMBI: an index that relies on the sensitivity/tolerance of species to an enrichment of the environment;
    - specific wealth;
    – diversity (Shannon-Weaner index).
    M-AMBI varies between 0 and 1.
    The quality grid for benthic invertebrates is shown in Table 3 below.


    Table 3: Quality grid for benthic invertebrate indicator





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    1.1.3. Macroalgues


    For Manche-Atlantique, we distinguish intertidal macroalgae hard substrate and subtidal macroalgae hard substrate:
    Intertidal Macroalgues hard substrate :
    The quality index used is the CFR (8) model. It applies to rocky intertidal and takes into account the contribution of each belt to the plant cover of a given site, the specific wealth of each characteristic cash belt and the importance of the cover of opportunistic species. The index thus corresponds to the sum of three sub-indexes:
    - the overall recovery;
    ― the number of species characteristic of all belts present;
    – the recovery of opportunistic species.
    Subtidal Macroalgues hard substrate :
    The quality index presented (9), for inter-calibration reasons, is inspired by the Spanish CFR model and relies in particular on the data and observations collected as part of the Rebent follow-up. It is based on 5 parameters:
    ― the depth extension limits of the different algal belts;
    ― composition and density of species defining the flooring;
    - specific composition;
    – total specific wealth;
    ― stipes of Laminaria hyperborea - epibioses.
    For the Mediterranean coastal water masses, the index adopted in France is the CARLIT (10) index, which includes 3 parameters:
    ― the rocky coastal linear occupied by various algae and invertebrate communities (moules);
    • Community sensitivity to disturbances;
    – the geomorphological characteristics of the coast.
    The CARLIT index has a value between 0 and 1. It applies to rocky coasts in the upper sub-coast area (3.5 to 0.2 m deep). The thresholds were inter-scaled at the European level (approval by Ecostat in March 2008).


    1.1.4. Angiospermes


    For the coastal sea masses of the Mediterranean, the angiosperms considered are posidonia herbaria. A French index has been defined; it integrates the following 5 parameters (11):
    feet density (number of beams/m2) to 15 m;
    ― foliar surface per foot (cm2/faisceau) at 15 m;
    • epibiont load on the leaves (dry weight of the epibiontes/dried weight of the leaves) to 15 m;
    - depth of the lower herbier limit (m);
    ― type of lower limit (franche, progressive, regressive).
    The index varies between 0 and 1.
    These thresholds are not currently defined by types of water masses but by ecoregion. A modification for a presentation by type of water mass will then intervene.


    Table 5: Quality grid for angiosperm indicator




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    1.1.5. Cases of overseas departments


    The biological indices of 1.1.1, 1.1.2, 1.1.3, 1.1.4 do not apply to overseas departments. Current knowledge does not allow for reliable threshold indices and values for biological quality elements in overseas departments. Specific indicators adapted to the ecology of these environments are under development. In this expectation, the Basin Coordinator assesses the ecological state of the surface water masses, in the context of the normative definitions of Appendix 1 to this Order, based on current knowledge, provisional indicators and an expert.


    1.2. General physico-chemical elements
    1.2.1. Oxygen dissolved


    For dissolved oxygen, the metric retained is the percentile 10. It is calculated on monthly data acquired in the summer (from June to September) and for six years.
    Since the dissolved oxygen concentration is the only parameter used, this index is also the indicator for the quality element. The grid and the reference value for all groups of water masses are presented in Table 6 below (12).


    Table 6: Quality grid for dissolved oxygen indicator





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    2. Indicators, threshold values and calculation methods
    of the quality of the ecological state of the transition waters
    2.1. Biological elements
    2.1.1. Phytoplancton


    This quality element is not relevant in turbid estuaries.


    2.1.1.1. Chlorophylle a


    The defined metric is the 90 percentile of the chlorophyll values, calculated on monthly data acquired at varying periods depending on the water masses. The quality grid for the Mediterranean lagoons is presented in Table 7 below.


    Table 7: Quality grid for chlorophyll indicator a
    for the Mediterranean lagoons





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    2.1.2. Benthic invertebrates


    For the euhaline portions of the transitional water masses (MET) (Eastern and Mediterranean estuaries), the principles defined in Part 1.1.2 of this annex for coastal waters are applicable.


    2.1.3. Macroalgues


    For the Euhaline portions of the North Sea Transition Water Mass and the Atlantic Channel, the principles and quality grid defined in Part 1.1.3 of this Annex for Coastal Waters are applicable.
    For the Mediterranean transitional water masses, France has a global tool that includes angiosperms and macroalgae (see the following part: angiosperms).


    2.1.4 Angiospermes


    For the euhaline portions of the North Sea Transition Mass and Atlantic Channel, the principles and quality grid defined in Part 1.1.4 of this Annex for coastal waters are applicable.
    For the Mediterranean water masses, France has a global tool that includes angiosperms and macroalgae. This tool was established for eutrophication pressure, which is the main anthropogenic pressure on lagoons.
    Two indices are combined:
    a specific wealth index (total number of species identified);
    - a relative recovery index by reference species, expressed as the percent recovery of reference species, measured on a surface of 120 m2. The index can only be used when the overall recovery of macrovegetals is greater than 5%.
    An abundance index taking into account the percentage of plant recovery will be added.



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    2.1.5 Fish


    The metrics used for the construction of the fish indicator (13) are:
    For estuaries:
    – taxonomic wealth;
    - total density;
    - density of amphihaline migratory species;
    the number of marine juvenile species;
    - density of juvenile marine species;
    the number of benthic species;
    - density of benthic species.
    For lagoons:
    - density of amphihaline migratory species;
    the number of marine juvenile species;
    the number of resident species;
    - the density of resident species;
    - density of benthic species;
    - the density of zooplanktonophages species.
    The final indicator is the assembly of the retained metrics. The scores obtained for each season and salinity class were first compiled to obtain a single rating per system, for the metric considered.


    2.1.6. Cases of overseas departments


    The biological indices of 2.1.1, 2.1.2, 2.1.3, 2.1.4, 2.1.5 do not apply to overseas departments. Current knowledge does not allow for reliable threshold indices and values for biological quality elements in offshore departments. Specific indicators adapted to the ecology of these environments are under development. In this expectation, the Basin Coordinator assesses the ecological state of the surface water masses, in the context of the normative definitions of Appendix 1 to this Order, based on current knowledge, provisional indicators and an expert.


    2.2. General physico-chemical elements
    2.2.1. Oxygen dissolved


    The principles defined in Part 1.2.1 of this Annex for coastal waters are applicable for transitional waters.


    2.2.2. Other physico-chemical elements


    It should be noted that for temperature, salinity, turbidity, estuaries being by definition of areas with very strong and frequent variations of these elements. These elements are therefore not relevant to the transitional water masses.


    A N N E X E 7


    METHODOLOGY FOR ATRIBUTION OF ECOLOGICAL POTENTIEL FOR MODIFIED (MEFM) AND ARTIFICIELLES (MEA) LITTORALES
    In the current state of knowledge, the basin coordinator prefect assesses the class of ecological potential of the heavily modified and artificial coastal water masses, in the context of the normative definitions of Appendix 1 above, based on current knowledge and an expert.


    A N N E X E 8
    EVALUATION OF THE CHEMICAL EAST
    1. List of pollutants concerned
    and corresponding environmental quality standards


    MA: Annual average.
    CMA: maximum permissible concentration.
    SDP: a priority hazardous substance.
    SO: not applicable.
    Units: water [μg/l]; biota [μg/kg].



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    You can consult the table in the
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    You can consult the table in the
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    2. Evaluation of the quality standard
    for a given substance


    In water, the standards are established at an annual average concentration and, for some substances, also at a maximum permissible concentration. The standards apply to raw water (non-filtered), with the exception of metals for which they relate to the dissolved fraction, obtained by filtration of raw water through a porosity filter 0.45 micrometer or any other equivalent preliminary treatment.
    For metals and their compounds, it is possible to consider:
    - concentrations of natural funds during the evaluation of NQE results;
    – hardness, pH or other water quality parameters that affect the bioavailability of metals.
    In biota and sediments, the standards are established at an annual average concentration of fresh weight for biota and dry weight for sediments to ensure the same level of protection as standards that would be defined in water. For biota standards, the most appropriate indicator is selected among fish, molluscs, crustaceans or other biota present in the water mass.
    For a specific substance, the environmental quality standard set out in this Order is met when the annual average concentration and maximum permissible concentration standards, when defined, are met.


    2.1. Compliance with the standard
    annual average concentration


    The annual average concentration is calculated by making the average of the concentrations obtained over one year:
    where the quality standard is set for a "family" of substances, each substance with no specific quality standard, the concentrations of each substance are summed for each sample; the average annual concentration for the "family" is the average of these sums;
    - where for a sampling the measured concentration is less than the quantification limit, this quantification limit divided by two is used in the calculation of the mean;
    ― the previous paragraph does not apply to "family" substances and to substances for which the quality standard applies to multiple isomers or metabolites, degradation or reaction products. In such cases, the results below the quantification limit of individual substances (i.e. each substance of the family, each isomer, metabolite, reaction product or degradation) are replaced by zero.
    If this annual average is greater than or equal to the quantification limit, then it is compared to the quality standard. The quality standard is met when the annual average concentration is lower, otherwise it is not.
    If this annual average is less than the quantification limit, then the lower and upper limits of the mean are calculated by replacing the unquantified values by zero or by the quantification limit in the calculation. The quality standard is met when the upper terminal is lower or equal and is not met when the lower terminal is strictly higher. In other cases, compliance with the standard is not defined.


    2.2. Compliance with the standard
    maximum permissible concentration


    The maximum permissible concentration standard is met when the maximum concentration value measured during the year, excluding the values for which the confidence and precision level is not acceptable, is less than that standard. When no analysis has been quantified, the standard is met if the maximum value of the quantification limit is lower. In other cases, compliance with the standard is not defined (unknown).


    A N N E X E 9
    USED DATA FOR EVALUATION
    DE L'ÉTAT DES MASSES D'EAUX DE SURFACE
    1. Origin


    In order to assess the state of the surface water masses, all available and validated data acquired not only from the networks established in the context of the application of the decree of January 25, 2010 establishing the monitoring program of the state of the water pursuant to article R. 212-22 of the environmental code, but also from other networks, provided that:
    - the monitoring sites are representative of the state of the water mass concerned (14); and
    ― the methods used for the control of quality elements, parameters or groups of parameters are consistent with the preconizations of the January 25, 2010 Order establishing the Water Condition Monitoring Program pursuant to section R. 212-22 of the Environmental Code (15).
    With respect to the quality elements of the ecological state that are not specific to the ecological state, a monitoring site is representative of the state of a water mass when it is representative of the general state of the water at the water mass scale and not at a local scale. This means that the monitoring site:
    ― is representative of the general natural characteristics of the mass of water, according to the criteria of the typology of the water masses indicated in the Decree of January 12, 2010 on the methods and criteria to be applied to delimit and classify the water masses and to establish the state of the place, as provided for in Article R. 212-5 of the Environmental Code;
    ― is located outside of single release mix areas;
    ―is located outside of morphological singularities of anthropogenic origin having local impacts and without impact on the general functioning of the water mass;
    ― allows to generally translate, at the water mass scale, the ecological and/or chemical impacts of possible pressures that apply to the water mass.
    In the case of an extended mass of water subject to significant pressures of a different nature, or to several remote point pressures, several monitoring sites may be required to ensure the representativeness of the water mass state.
    With respect to chemical pollutants and specific pollutants of the ecological state, a follow-up site outside of a mixing area is representative of the state of the water mass, in accordance with Article 11 of this Order indicating that the good condition is reached for a pollutant when all of the NQE of this pollutant are respected at any point in the mass of water outside the mixing area.


    2. Chronicle


    To assess the state of surface water masses, all available and validated data are used:
    - for the quality elements of the ecological state of the surface water, excluding specific pollutants of the ecological state:
    • watercourse: the most recent two consecutive years for which validated data are available. In the absence of these, the available and validated data of the most recent year are used;
    – water plans: the most recent six consecutive years for which validated data are available. In the absence of these data, the available and validated data of the most recent years or years are used;
    – littoral waters: the most recent six consecutive years for which validated data are available. In the absence of these data, the available and validated data of the most recent years or years are used;
    - for chemical pollutants and specific pollutants of the ecological state of surface water:
    – the most recent follow-up campaign per station.


    A N N E X E 10


    PRICE RULES IN ACCOUNT OF MORE FOLLOW-UP FOLLOW-UP FOLLOW-UP ACTION AND SPATIAL EXTRAPOLATION RULES


    1. Rules for consideration of several monitoring sites
    within a mass of water
    1.1. For ecological assessment


    When a large water mass is equipped with several monitoring sites representative of the state of the water mass, the ecological class of the water mass is determined by the lowest state class of these sites.


    1.2. For chemical assessment


    For water masses with several monitoring stations, the chemical state of the water mass corresponds:
    - in the chemical state of these stations when they coincide;
    otherwise at the station state for which there are the least unknown chemical pollutants;
    – finally, to the chemical state of the most declassifying station when there is an equivalent level of confidence data for several monitoring stations with the same mass of water.


    2. Space Extrapolation Rules
    2.1. Ecological status


    To assess the ecological condition of a mass of water, data conforming to the provisions of Annex 9 above are used.
    Where such data are not available for all or part of the relevant quality elements for the type of water mass considered, the ecological state of the water mass is assigned in accordance with the definitions in Appendix 1 above, on the basis of the possible data in accordance with Annex 9 available, corroborated by all the information and knowledge that can be mobilized on the state of the water mass or on the pressures that are exerted.
    The principles set out below can be combined. They are not exclusive to each other and apply according to the availability of knowledge, data and tools. The objective is to achieve the "sinest possible" assessment of the ecological state of a mass of water, by making the best use of all available data and knowledge.
    There are two types of exploitable data:
    ― the data "environmentals": these are data from biological compartments (benthic invertebrates, diatoms, fish, phytoplankton, etc.), physico-chemical or chemical data (oxygenologic, phosphorus, etc.), or hydromorphological data;
    ―the so-called "pressure" data: it is, for example, rejection of an industrial site or a dam-type obstacle.


    2.1.1. Assessment of the ecological state of the water masses
    using modeling tools


    In the absence of data from environmental monitoring, physico-chemical elements or parameters supporting biology can be evaluated by using a recognized and validated mechanical/deterministic modelling tool.


    2.1.2. Assessment of the ecological state of the water masses
    from water masses in similar contexts


    This is the case of unattended water masses directly but being part of a homogeneous group in a similar context from the point of view of the typology and the pressures exerted therein. The state of these masses of water is not directly evaluated with "environmental" data, but it is estimated, by assimilation, from the state obtained with "environmental" data (cf. 3) on masses of water located in a similar context. The proportion of water masses in each ecological class is calculated.
    The ecological state of all unattended water masses of the homogeneous group is determined by the dominant ecological class.


    2.1.3. Assessment of the ecological state of the water masses
    from "pressure" data


    In the absence of sufficient "environmental" data to attribute a state to a mass of water and in the case of sufficiently reliable "pressure" data, the ecological state is evaluated on the basis of the available "pressure" data, taking into account both physico-chemical pressures and hydromorphological pressures.
    The pressure-state relationship is valued based on the number of types of pressures identified on the water mass and, where applicable, their intensity, according to the principles set out below:
    a "very good" or "good" ecological condition is attributed to a mass of water provided that no significant pressure has been identified on this mass of water;
    ― an ecological condition "bad" or "bad" is attributed to a mass of water subject to:
    – or to a large number of pressure types;
    - at least a pressure identified as strong or very strong;
    ―a "medium" ecological state is allocated in other cases.
    To follow this approach, pressures must be characterized by large type, depending on their nature or origin. As an indication, the following types can be used:
    Example 1:
    - domestic or industrial pollution pressure (dominant organic and oxidable matter, or toxic non-pesticide)
    - agricultural pollution pressure;
    ― hydrological or morphological pressure.
    Example 2:
    - point pollution pressure (dominant organic and oxidable) ;
    ― diffuse pollution pressure (agricultural or punctual spread, excluding pesticides);
    - pesticide pollution pressure;
    - toxic pollution pressure (excluding pesticides);
    (hydro)morphological pressure;
    ― quantitative pressure (plants, derivations, transfers...).


    2.1.4. Assessment of the ecological state of the water masses
    for which there is no information


    In such cases, information is insufficient to attribute an ecological state to the mass of water.


    2.2. Chemical state


    To assess the chemical state of a water mass, data conforming to the provisions of Annex 9 above are used.
    Where such data are not available for all or part of the relevant quality elements for the type of water mass considered, for the missing parameters, all available or editable information is used. For example, it is possible to proceed by analogy (regrouping by coherent water masses-relationship upstream/aval), by modelling pressures or relying on expert saying.


    A N N E X E 11


    ATTRIBUTION OF A CONFIRMAL LEVEL FOR THE EVALUATION OF THE EcoLOGICAL EAST AND CHEMICAL EAST OF SURFACE EAST MASSES
    A level of confidence is attributed to the assessment of the ecological state and chemical state of a surface water mass as follows.


    1. Level of confidence in the ecological state
    1.1. Fresh surface water


    The level of confidence is determined globally for the ecological condition assigned to each mass of water, any element of quality confused and not quality element by quality element.
    Three levels of confidence are distinguished: 3 (high), 2 (average) and 1 (lower).
    The ecological condition evaluated for a mass of water can be the result of the combination of different types and levels of information (environmental status data, pressure data, similar context data). The assigned level of confidence is that considered to be the most relevant to the information used for the evaluation. The confidence level allocation method is specified in the decision tree presented below.
    The availability of the most sensitive quality elements is to be analyzed in the light of the significant pressures that are known to be exercised or likely to be exerted on the water mass. The biological elements most sensitive to pressures on a mass of water are determined in accordance with the provisions of the Decree of January 25, 2010 establishing the Water Condition Monitoring Program pursuant to Article R. 212-22 of the Environmental Code.
    The robustness of the "media" data can be analyzed against the following criteria:
    If this is data obtained directly:
    Chronic data used to assess the ecological state: the rule is to use all available data to assess the ecological state. The higher the data chronicle used, the higher the level of confidence in the valued state of a mass of water (16);
    ― exceptional climatic conditions: regardless of the aberrant data that can be observed on a timely basis (and to be excluded for the assessment of the ecological state), exceptional climatic conditions over a given period (for example, one year) can reduce the level of confidence in the ecological condition being assessed;
    ― consistency of indications provided by biological compartments and physico-chemistry: consistency of indications provided by biology and physico-chemistry is a factor in increasing the confidence level of the ecologically evaluated state.
    A deviation from a class of state between elements of quality of different natures (biological, physico-chemical, hydromorphological) does not necessarily reveal an inconsistency of the indications provided by media data. A case-by-case examination may, where appropriate, ensure the robustness of the data. A gap of two classes of state between elements of quality of different natures is sufficient to conclude inconsistencies of the indications provided by the background data;
    ― level of uncertainty associated with the method of assessment of the declassifying element determining the ecological state of the water mass: the lower the level of uncertainty, the higher the level of confidence of the ecological condition being assessed.
    If this is data from modelling:
    ― the validity area of the model: the closer the simulated situation to the validity limits of the model, the less robustness will be. Robustness will, on the contrary, be maximum when the simulation is clearly in the area of validity of the model;
    – atypical or exceptional situation: models allow to control simulated hydroclimatic conditions. When these conditions are atypical or clearly represent an exceptional situation, the robustness of results will be considered weak;
    ― input data: the model input data (inputs, representation of the environment, etc.) greatly condition the robustness of the result. Low confidence in these input data leads to a low robustness of the simulation result.



    You can consult the table in the
    JOn° 46 of 24/02/2010 text number 9






    1.2. Coastal waters


    The level of confidence is determined globally for the ecological state attributed to a mass of coastal water, any element of quality confused and not, quality element by quality element. Three levels of confidence are possible: 3 (high), 2 (average) 1 (lower).



    You can consult the table in the
    JOn° 46 of 24/02/2010 text number 9





    3.2. Level of confidence in the chemical state


    The level of confidence assigned to the state of a water mass is determined in Table 2 below.



    You can consult the table in the
    JOn° 46 of 24/02/2010 text number 9



    A N N E X E 12
    REPRESENTATION MODALITIES OF THE CLASSIFICATION
    AND ECOLOGICAL POTENTIEL AND CHEMICAL EAST OF SURFACE WATER MASSES


    The modalities of representation to be followed for the realization of ecological and chemical state and potential maps for surface water masses are defined below.


    1. Ecological status and potential


    The classification of the ecological state and potential for surface water masses is represented using the colors indicated in the table below.


    CLASSIFICATION OF EcoLOGICAL STATE
    COLOR CODE

    Very good

    Blue (C90M15J20N0)

    Good.

    Green (C60M10J50N0)

    Average

    Yellow (C0M10J65N0)

    Mediocre

    Orange (C0M40J100N0)

    Bad

    Red (C0M100J100N0)

    Insufficient information to attribute

    Grey 30%

    A black point is added on the map for water masses not meeting one or more of the environmental quality standards that have been established for this mass of water for specific synthetic and non-synthetic pollutants of the ecological state.




    CLASSIFICATION OF EcoLOGICAL STATE
    COLOR CODE

    Artificial water mass
    Highly modified water mass

    All right.

    Hachures equal in green (C60M10J50N0) and grey (15%)

    Hachures equal in green (C60M10J50N0) and grey (45%)

    Average

    Yellow (C0M10J65N0) and grey (5%)

    Yellow (C0M10J65N0) and grey (45 per cent)

    Mediocre

    Hashes equal in orange (C0M40J100N0) and grey (15%)

    Hashes equal in orange (C0M40J100N0) and grey (45%)

    Bad

    Hashes equal in red (C0M100J100N0) and grey (15%)

    Hashes equal in red (C0M100J100N0) and grey (45%)

    Insufficient information to assign potential

    Hachures equal in grey (30%) and grey (15%)

    Hachures equal in grey (30%) and grey (45%)

    A black point is added on the map for water masses not meeting one or more of the environmental quality standards that have been established for this mass of water for specific synthetic and non-synthetic pollutants of the ecological state.


    The level of confidence in the classification of the ecological state and potential for the surface water masses is represented using the colors indicated in the table below.

    CLASSIFICATION CONFIANCE LEVEL
    of ecological status and potential

    Elevé

    Light Green (C45M0J70N0)

    Average

    Rose dirty (C10M5J30N0)

    Low

    Light pink (C0M50J25N0)

    No information

    Grey 30%


    2. Chemical state


    The classification of the chemical state for the surface water masses is represented using the colors indicated in the table below.



    You can consult the table in the
    JOn° 46 of 24/02/2010 text number 9



    The level of confidence in the classification of the chemical state for the surface water masses is represented using the colors indicated in the table below.



    You can consult the table in the
    JOn° 46 of 24/02/2010 text number 9


    (1) This diagram is derived from the European Guide Document General Approach to Classification of Ecological Status and Ecological Potential, ECOSTAT, November 2003. (2) Mean, mediocre or bad for an element of general physico-chemical quality; NQE non-compliance for a specific pollutant of the ecological state. (3) For physico-chemical quality elements, the upper and lower limits of the "good" class are sufficient for the classification of the ecological state, since a less than good ecological condition is attributed on the basis of biological elements, provided that the threshold values of physico-chemical elements are determined in such a way as to be consistent with the class limits established for biological elements. However, in view of the data and tools available today, the ecological state of some water masses can be evaluated by considering with as a single digital base data relating to general physico-chemical parameters, from monitoring or modeling tools. In these cases, the values of the class limits between the average state and the poor state and between the poor state and the poor state of the general physico-chemical parameters indicated in the general table above. (4) For example, dissolved oxygen, oxygen saturation rate, DBO5 and organic carbon are parameters of the quality element "oxygen balance". (5) Classes "mediocre", "medium", "bad". (6) To access the atlas, see on the CEMAGREF website: http//www.lyon.cemagref.fr/bea/lha/syrah.shtml (7) Borja A., Alf. B., Josefson A. B., Miles A., Muxika I., Olsgard F., Philips G., Rodriguez G. and Rygg B. An approach to the intercalibration of benthic ecological status assessment in the North Atlantic ecoregion, according to the European Water Framework Directive. Marine Pollution Bulletin, 55, 42-52. (8) CFR (Quality of Rocky Bottoms) Index, bibliographical reference: Juanes, J.A., Guinda, X., Puente, A., Revilla, J.A., 2007. Macroalgae, a suitable indicator of the ecological status of coastal rocky communities in the NE Atlantic. Ecological Indicators in press (ECOIND 301). (9) Proposal for the calculation of a quality index for the monitoring of macroalgae of rock subtidal funds as part of the DERRIEN-COURTEL Sandrine < GAL Aodren. MNHN – Concarneau Marine Biology Station, June 2009. (10) CARLIT: Ballesteros, E., Torras, X., Pinedo, S., Garcia, M., Mangialajo and L., de Torres, M., 2007. A new methodology based on littoral community cartography dominated by macroalgae for the implementation of the European Water Framework Directive. Marine Pollution Bulletin. 55, 172-180. (11) Gobert S., Andral B., Boissery P., Chery A., Lejeune P., Pelaprat C., Rico-Raimondino V. and Sartoretto S. (2008). Methodological support for the implementation of the Water Framework Directive: Posidone Herbier: validation of the EQR Computing Protocol. Ifremer-University of Liège-STARESO-Water Agency. 55 pp. (12) Report Daniel A., Sudant D., 2009. Evaluation DCE April 2009. Quality element: oxygen balance. (13) Girardin, M., Lepage, M., Amara, R., Boët, P., Courrat, A., Delpech, C., Durozoi, B., Laffargue, P., Le Pape, O., Lobry, J., Parlier, E. and Pasquaud, S. 2009. Development of a fish indicator for transition waters. Cemagref. Programme Liteau II. End-of-contract scientific report. 50 p. (14) As such, sites intended to control only pressures (e.g. pollution monitoring networks) should not be taken into account. In addition, sites located in a mass of upstream water or downstream of a mass of M water can be used to establish the state of this mass of M water, as long as they are considered representative of its state. (15) The data, including biological, thus acquired, are deemed to report on the overall effect on the state of the water mass of any pressures that it is subjected to. (16) In the allocation of the level of trust, consideration may be given to the consistency of the status assessed with the possible previous data available, beyond those required over the two or six years to assess the state of a mass of water stream or water plan.


Done in Paris, January 25, 2010.


For the Minister and by delegation:

By preventing the director

water and biodiversity:

Deputy Director of Water

and biodiversity,

J.-C. Vial


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