Transcript THE EC WATER POLICY - AN INTEGRATED WATER REGIME

Training course in European and International Environmental
Law 2005
CERIUM & Jean Monnet Chair in European Integration,
University of Montreal
4th – 15th July 2005 – MONTREAL
THE EC WATER POLICY –
A MODEL FOR AN INTEGRATED WATER
REGIME ?
David GRIMEAUD
Senior Lawyer – Brussels Office
HUGLO LEPAGE & Partners
I. INTRODUCTION
Directive 2000/60/EC of the European Parliament and of
the Council of 23 October 2000 establishing a framework
for Community action in the field of water policy
Policy and legal context - Multi-facetted integration Sustainable development – Environmental objectives and
derogations – River Basin approach - Regulatory and Marketbased instruments.
PLAN
Plan
I
THE FACTS: SOME FIGURES ON FRESHWATERS.
1.
Global Figures on Freshwater.
1.1
1.2
Two main threats on freshwater resources.
Global Figures on Freshwater Scarcity.
2.
Figures and indicators on Freshwater quantity in the enlarged EU.
3.
Figures and indicators on Freshwater quality in the enlarged EU: Ecological quality.
4.
Figures and indicators on Freshwater quality in the enlarged EU: Nutrients and organic
pollution.
5.
Figures and indicators on Freshwater quality in the enlarged EU: Hazardous substances
6.
Conclusions
PLAN
II
THE INTERNATIONAL POLICY AND LEGAL CONTEXT
OF THE NEW EC WATER REGIME.
1.
WHY: Relevance of international law on marine and freshwater to the EC water regime.
2.
WHAT: State of relevant international policy and law on the protection of freshwaters and
on marine waters and environment and on hazardous substances.
2.1
2.2
Relevant international policy and law on the protection of freshwaters and marine / coastal waters.
Other relevant international instruments and norms.
PLAN
III
THE NEW EC WATER REGIME: A MODEL?
1.
EC policy and law context.
1.1
1.2
1.2.1
1.2.2
1.2.3
1.2.4
6TH EAP
Interactions with other non-water EC Directives
The IPPC Directive
The EIA Directive
The Access to Information on the Environment Directive
The Nature Directives
2.
The Integration focus of the new EC water regime.
2.1
2.2
2.3
2.3.1
2.3.2
2.3.3
2.4
Normative integration: Recasting EC water law.
Environmental, Economic and Social integration: Sustainable Development.
Environmental integration:
Hydrological integration: The River Basin Approach
Water quality and quantity
Water and associated ecosystems
I
SOME FIGURES ON FRESHWATERS.
1.Global Figures on Freshwater
1.
Two main threats on freshwater resources:

Over-use and over-abstraction: Affecting quantity of available freshwater for
humans and animals and associated ecosystems.

Too much pollution:
Affecting quality of available freshwater for
humans and animals and associated ecosystems
and increasing costs of water treatment for
humans and animals and associated ecosystems.
Regarding water quality:

It is estimated that over 50% of worldwide freshwater resources are either
“polluted” or “very polluted”: degree of contamination by substances that
requires prior advanced treatment to make water usable.
I.1
SOME FIGURES ON FRESHWATERS.
2. Global Figures on Freshwater Scarcity

It is estimated that the minimum amount of water required to meet human basic needs is
comprised between 20 and 50 litres per person per day: On an annual basis: 7300 –
18.250 litres or 7,3 – 18,25 m3.

To meet basic needs:
 Water quantity:
consumption, sanitation and domestic and personal
hygiene sufficient to maintain health
 Sufficient quantity of water of sufficient quality: human basic needs and health
require adequate water quality
free of hazardous chemical and
biological contamination.

To achieve sustainable human development :
 Water in sufficient quantity for i.e. agriculture, industry, tourism, transport.
 Agriculture accounts for 80 % of freshwater use in developing countries.
I

SOME FIGURES ON FRESHWATERS.
As a key feature for sustaining life and economic and social development,
many large-scale infrastructures have been built to direct water to particular
usages.
 More than 45.000 large dams today (more than 15 meters high).
 Increased storage capacity has allowed hydro-electricity production, irrigation for
agriculture and access to water for more people.
 Irony: more water stored, more demand for water, increased water scarcity.

Water demands keeps on growing:
 Global water consumption increased by 600 % between 1900 and 1995: twice more
than the rate of population growth.
I

SOME FIGURES ON FRESHWATERS.
Humans withdraw 4.000 km3 per year (4.000.000 m3 / 4.000.000.000 litres):
 Annual global runoff (water available for human use after evaporation or
absorption into groundwaters bodies) is 9.000 km3 + 3.500 km3 stored in
reservoirs.

Yet, water supplies are unevenly distributed (base-year 2000):
 41% of the world’s population (2,3 billion people) live in river basins under “water
stress”: water supply per capita < than 1.700m3 per year.
 Out of those 41%, 1,7 billion people live in river basins under “high water
stress”: water supply per capita < than 1.000m3 per year.
 If water consumption remains unchanged:
 48 % of the world’s population (3,5 billion people) will live in river basins
under “water stress” in 2025, extended beyond semi-arid and arid areas.
I
SOME FIGURES ON FRESHWATERS.
Global Figures on Freshwater Scarcity
I SOME FIGURES ON FRESHWATERS.
2. Figures and indicators on Freshwater quantity in the
enlarged EU.
“Europe’s water: An indicator-based assessment”, European
Environmental Agency (2003)
Good:

In general terms, the EU does not suffer from water scarcity, with the exception
of “hot spots” (Southern Europe) in prolonged heat wave periods.

Total water abstractions have decreased over past 10 years, except in Western
Southern Europe.

Most sectors have reduced their water use via:



more efficiency in water use
water-re-use devices
higher water prices.
Not so Good:
 Slight increase in agriculture water use (irrigation) in Western Southern
Europe.
 Slight increase in water abstraction for energy production in nonMediterranean accession countries (i.e. Hungary, Slovakia)
 Expectations that growth in tourism in Southern Europe shall increase
water use.
 Over-abstraction remains a major concern in many costal areas and island
of the Mediterranean Sea where drinking water have now become
contaminated by seawater.
Indicators for assessment of EU water scarcity and quantity
 (a) Available water
 12 countries have less than 4.000m3 per capita / per year (i.e.
Cyprus, Malta, France, Belgium, UK).
 Climate projections:
 decreasing rainfalls in Southern Europe and increasing precipitations
for Central and Northern Europe.
 (b) Total water abstraction.
 18 % of Europe’s population lives in water-stressed countries (mostly Southern
Europe).
 10% of total EU freshwater resources is abstracted per year.
 Yet, total water abstraction decreased in past 10 years, except in Southern Europe.
 (c) Water consumption
 Water consumption index:
Total water consumption divided by the longterm freshwater resources of the country.
 Based on the assumption that 80% of total water abstracted for agriculture, 20% for
urban use, 20 % for industry and 5 % for energy production is not returned to water
bodies
 12 countries have a high water consumption index:
countries that have the highest agricultural water use and which use in some cases over 10
% of their annual available resources (i.e. France).
 (d) Sectoral use of water / Agriculture
 Agriculture is the largest water-use sector mainly for irrigation.
 Southern European countries have the largest area of irrigated land
and use 3 times more water per unit of irrigated land than other
parts of Europe.
 Amount of water used for irrigation has increased in past 10 years
in Southern European countries.
 Amount of water used for irrigation in Central accession countries
has decreased in past 10 years because of deterioration and non-use
of irrigation systems.
 (e) Sectoral use of water / Urban use : households and industries
connected to public water supply
 Amount of urban water use depends on climate, efficiency of
public supply services, patterns and habits of water use, economic
instruments, technological change.
 In Western and Central Europe, urban water use is around 100m3 /
per capita / per year.
 Urban water use has decreased in part 15 years as the result of
measures to reduce demand (i.e. water pricing) and economic
restructuring.
 (f) Overall reservoir stocks
 Primary functions of water reservoirs are for hydroelectric power
production, storage for public water supply and irrigation.
 Around 13% of mean annual rainfall in Europe is stocked behind
dams
 Turkey, Cyprus and Spain have the highest % volume of stored
water in relation to their annual renewable freshwater resources
(over 20 %). They are those which also use the highest % of their
resources for irrigation.
 In other countries, the majority of water reservoirs is used for
hydropower production.
 (g) Saltwater intrusion
 Saltwater intrusion is the result of over-exploitation of
groundwater bodies (when abstraction exceeds recharge and leads
to lowering groundwater level).
 Italy, Spain and Turkey are affected by saltwater intrusion caused
mainly by groundwater over-exploitation for public water supply.
 (h) Groundwater levels
 Over-abstraction of groundwater can decrease level in associated
water aquifers affecting in turn depending terrestrial ecosystems.
 Groundwater level has increased in the EU as a result of decrease
and regulation of groundwater abstraction.
 (i) Water prices
Domestic sector
 General trends towards higher prices in real terms in 1990s. Yet, wide variations within each
country and among EU countries due to:
 Partial or full cost recovery
 State of water quantity
 Subsidies
 Water charges represent generally small % of household income: from 0,2% in Oslo to 3,5 % in
Bucharest.
 In accession EU countries, water charges significantly increased due to halting of water
subsidies:
 15-fold increase in Hungary during 1990s resulting in decrease of water use by 50%.
 Countries with highest increase in water charges in domestic sector in 1990s:
 Hungary: + 18,5% / year
 France: + 7% / year
 DK: +6,2% / year
Industry and agriculture sectors
 Industry is price-sensitive to high water charges resulting in investments in water-use and
efficiency technologies.
 Water-use in Agriculture is highly subsidised
 Illustrative figures on water charge distribution between households, industry and agriculture in
EURO/m3:




Holland:
France:
UK:
Spain
Households
Industry
Agriculture
3,2
3,1
2,3
1,1
1,2
0,8
1,7
1,1
1,4
0,1
0,2
0,25
 (j) Water use efficiency in domestic sector
 General trends towards more water efficiency use in last 30 years due to technology
changes in domestic devices compensating partly for urbanisation, wider access to
home toilets and washing machines.
 Water use in households:
 Toilet flushing: 33%
 Bathing and showering 25%
 Washing machines, dishwashers: 15%
 Cooking: 3%

(k) Water leakage
 Concerns losses of water in distribution network.
 Still high in many urban areas due to



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
Uneasy access to water pipes
Low level of replacement of infrastructure
Asbestos cement pipes
Unfavorable soil conditions
Lack of financial resources
 Illustrative figures on water leakage in urban water networks in 1990s





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Bulgaria: 50%
Slovenia: 44%
Hungary: 35%
Romania: 31%
France and Italy : 30%
UK : 22% Uneasy access to mains
Germany: 3% due to combination of good soil conditions, high level of replacement of
water pipes, low level of agressiveness of water supplied.
3 Figures and indicators on Freshwater quality in the enlarged EU.
Ecological Quality
Background:

Plants and animals in lakes, rivers, transitional and coastal waters are sensitive to
changes in chemical state of water bodies caused by, a.o:
 Change in climate
 Eutrophication
 Organic pollution
 Hazardous substances
 Physical changes of water bodies via dams, channelisation of rivers…

Many policy objectives of the EU




To achieve a “good status” by 2015 (FWD)
To promote sustainable use of seas and to conserve marine ecosystems (2002
Thematic Strategy).
To halt biodiversity decline by 2010 (CBD)
To protect and restore habitats and to halt biodiversity losses by 2010.
“Europe’s water: An indicator-based assessment”, European
Environmental Agency (2003)
Good:



River quality is improving.
Lake quality is improving.
Rate of arrival in non-indigenous species in European seas has reduced since 1970s.
Not so Good:





Many Lakes in accession countries highly polluted.
High rate of presence of non-indigenous species in European rivers and lakes poses major
threats to associated ecosystems
Increasing non-indigenous species in Atlantic oceans
High pressures on habitats of EU transitional and coastal waters due to high population
densities, tourism and agriculture
Unsustainable fishing causes decreasing fish stocks.
Indicators for assessment of ecological quality of EU water
 (a) River quality
 River classification schemes often used to assess extent of pollution.
 Different types of schemes:
 Based only on physico-chemical parameters (i.e. pH, ammonium)
 Based only on biological parameters (i.e. macro-invertebrates)
 Based on a combination of both.
 None of the existing schemes respond to requirements of the FWD.
 In general terms, existing national schemes show an improvement in quality of rivers due to
reinforced regulation of discharges and human activities. Yet, illustrative figures show that :




97% of assessed rivers in Czech Republic are classified “less than good”
90% in Poland
55% in Sweden
50% in France.

(b) Lake quality
 Only some countries developed “lake classification schemes” based on concentrations of
 Nutrients (phosphorus) and
 Chlorophyll
 None of the existing schemes respond to requirements of the FWD.
 In general terms, existing national schemes show an improvement in quality of lakes.

(c) Transitional and coastal waters quality
 Fewer national classification schemes based on combination of
 Chemical and Biological and Aesthetic measures.
 In general terms, existing national schemes show an improvement in quality of transitional and coastal
waters resulting from the implementation of Urban WasteWater Treatment and Bathing Water
Directives reducing :
 Eutrophication.
 Discharges of hazardous substances.
 (d) Non-indigenous species (aliens, exotic, invasive, non-native) in
rivers and lakes: “ Biological pollution”.
 Species present in an ecosystem other than the one in which it usually evolve.
 Species competing with native species, disrupting food supplies and introducing new diseases.
 “Pollution” ranked as the 2nd most important threat to biodiversity (1st = habitat destruction).
 Main modes of introduction:
 Accidental (i.e. released by man or resulting from changes in physical water environment)
 Aquaculture
 France and Italy: most affected EU countries with 42 and 36 new freshwater species introduced.
 (e) Non-indigenous species in transitional and coastal waters.
 660 non-indigenous species in EU coastal waters (500 in the Mediterranean via Suez canal)
 Primary modes of arrival:
 Shipping and aquaculture
 (f) Loss of habitats in transitional and coastal waters.
 EU coastline : 89 000 Km. Large part is affected!
 Main pressures:
 Industry, Tourism, Fishing, Aquaculture , Agriculture and Population densities
 57% of EU coastline used for agriculture, industrial or urban purposes.
 14 out of the 65 priority habitats listed in the Habitats Directive are in the coastal zone.
4.
Figures and indicators on freshwater quality in enlarged EU.
Nutrients and organic pollution
Background:

Excessive Nutrients (Nitrogen and phosphorus) concentrations :
 can lead to eutrophication: occurrence of planktonic algae using up oxygen when dead algae
decompose resulting in death of fish.
 Can lead to changes in aquatic vegetation
 Can make water unsuitable for recreational purposes, fish farming.
 Can make water unsuitable for human consumption
Nitrogen pollution mainly due to agriculture run-off.
Phosphorus pollution mainly due to households and industry effluents.

Excessive organic pollution (Nitrogen and phosphorus) concentrations :
 Can lead to reduction of water bodies chemical and biological quality
 Can lead to adverse impacts on associated biodiversity
Organic pollution mainly due to discharges from wastewater treatment plants, sewage sludge disposal,
industrial effluents and agriculture run-off.

Many policy objectives of the EU
 To prevent further deterioration of water bodies and of associated ecosystems (FWD)
 To ensure progressive reduction of pollution of groundwater (FWD)
 To achieve levels of water quality that do not give rise to unacceptable risks to human health and the
environment (Drinking water directive)

Main EU legislation concerned






Water Framework Directive: a “good status” by 2015
Bathing Water Directive
Nitrates Directives
Urban Waste Water Directive
Integrated Pollution Prevention and Control Directive
Drinking Water Directive
“Europe’s water: An indicator-based assessment”, European
Environmental Agency (2003)
Good:




Organic pollution of rivers has decreased in 1990s via biological treatment of waste
water and wider access to tertiary wastewater treatment
Eutrophication of lakes is decreasing
Quality of bathing waters has increased
Reduction of phosphorus and nitrogen discharges
Not so Good:



Nitrate drinking water limit values are exceeded in 30% of groundwater bodies
Large surplus of nitrogen in agriculture soils that can potentially pollute surface and
groundwaters.
Low oxygen concentration in many estuaries.
Indicators for assessment of level of nutrients and organic pollution of EU water

(a) Nitrate in groundwater
 Agriculture as the largest contributor via percolation of fertiliser through the soil
 20% of EU stations have concentrations in excess of maximum allowable concentrations (50 mg / l)
 40% of EU stations have concentrations in excess of guide values set in Drinking Water Directive (25
mg / l as nitrogen)
 France and Sweden are the most affected.

(b) Organic matters and ammonium in rivers
 Organic matters (measured as biochemical oxygen demand) and ammonium are key indicators of the
oxygen content of water bodies.
 High concentrations in organic matters and ammonium affect chemical and biological quality of rivers
and associated ecosystems.
 Concentrations in organic matters and ammonium reduced by 25% and 50% in 1990s due to
implementation of the Urban Wastewater Directive with increased level of treatment.

(c) Phosphorus in Lakes
 Discharges of human-induced nutrients in lakes has caused eutrophication.
 % of lakes and reservoirs with low concentrations in phosphorus has decreased due to Urban Waste
Water Directive and wastewater discharges diverted to rivers.

(d) Discharges of organic matters from point sources
 Discharges mainly from industrial effluents from wood, food and chemical industries etc.
 Industries have decreased their discharges due to cleaner technologies implemented as a result of the
IPPC Directive requiring the use of BAT.

(e) Use of fertilisers as a major source of nitrogen pollution.
 Nitrogen fertilisers and manure used on arable crops to increase productivity.
 In the EU, mineral fertilisers account for 50% of nitrogen inputs into soils and manure for 40%.
 When the amount of fertiliser applied (input) is in excess of the amount that can be used by the crop
(output), the nitrogen surplus can then end up to the soil and pollute water bodies.
 Nitrogen / nitrate surplus are found where the livestock density if the highest (NL).

(f) Nitrate in drinking water.
 Affect all EU countries causing concerns in terms of human health.
 Belgium: 30% of 5000 wells have nitrate concentrations in excess of 50 mg /l.
 In early 1990s: In Bulgaria: 80% of population exposed to nitrate concentrations in excess of 50 mg /l.

(g) Bathing waters.
 Bathing Water Directive sets parameters to ensure recreational use, including bacteriological quality.
 It includes mandatory EQS and non-mandatory (guide values) EQS.
 In 2001:

97% of coastal and 93% of inland bathing waters met the mandatory EQS
90% of coastal and 72% of inland bathing waters met the guide values
(h) Other indicators.
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Nutrients in coastal and marine waters
Loads of nutrients discharged to sea
Atmospheric deposition of nitrogen to coastal and marine waters
Development of urban waste water treatment
Microbiological contamination of drinking water
Water transparency in lakes
Chlorophyll in coastal and marine waters
Harmful phytoplankton in coastal waters
Oxygen in bottom layers of marine waters.
Implementation of the Urban Wastewater Treatment and Nitrate Directives
5.
Figures and indicators on freshwater quality in enlarged EU.
Hazardous substances
Background:

Chemical production :
 From 1 million tonnes in 1930 to 400 millions tonnes in 2001.
 100 000 chemical substances registered on the EU market in 2001
 10 000 marketed in volumes > 10 tonnes
 20 000 marketed in volumes comprised between 1 and 10 tonnes.
 Many substances are hazardous to the aquatic environment and to human health from
drinking water and food chain.

Emissions :

Point sources (a.o.)
 Discharges from industries
 Discharges from waste water treatment plants
 Landfills and contaminated land

Diffuse sources (a.o.)
 Use of pesticides
 Anti-fouling treatment on ships

Main EU legislation concerned and objectives:




Water Framework Directive: a “good status” by 2015
Dangerous Substances Directive
Integrated Pollution Prevention and Control Directive that aims at reducing pollution from industry
Drinking Water Directive
“Europe’s water: An indicator-based assessment”, European
Environmental Agency (2003)
Good:




Concentrations in heavy metals (i.e. cadmium, mercury, PCB, DDT) in rivers are decreasing.
Direct and riverines inputs of heavy metals into North-Sea Atlantic have decreased in 1990s as well as
atmospheric inputs.
Significant reductions of discharges of some heavy metals from specific industrial sector.
Oil discharges from offshore installations and coastal refineries in the EU show no clear sign of increased
pollution despite increase in oil production.
Not so Good:




Limited data on loads of hazardous substances entering the Mediterranean Sea.
Pesticides and metal contamination of drinking water is a major pb in most EU countries
General non-compliance with EU ELVs and EQS regarding several hazardous substances
Concentrations above limits for human consumption still found in mussels and fish from rivers and
estuaries near point sources of pollution.
Indicators for assessment of level of hazardous substances pollution of EU water

(a) Heavy metals in rivers
 Concentrations of Lists I and II substances (Hazardous Substances Directive) have decreased since
the 1980s.
 Example of the Rhine River: reduction of levels in heavy metals by 50 to 90 % due to controls on
point source pollution.

(b) Hazardous substances in lakes
 Most comprehensive information concern lakes in Nordic countries. A 1995 survey over 3000 lakes
showed:
 Concentrations in lead, cadmium and zinc are low in northern parts and in areas of high altitude
corresponding to areas of low population density and oil consumption.
 Concentrations are higher in southern parts due to high deposition from long-range air pollution

(c) Loads of hazardous substances to seas
Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR), 1992, Paris.
 A strategy on Hazardous Substances was adopted by the OSPAR Commission whose article 4
provides for the cessation of discharges, emissions and losses of hazardous substances by 2020.
 It concerns the OSPAR List of Substances for priority of Action established by the OSPAR Hazardous
Substances Committee
Convention for the Protection of the Baltic Sea Area (HELCOM), 1992, Helsinki.
 HELCOM adopted a Recommendation in May 2001 for the cessation of discharges, emissions and
losses of hazardous substances by 2020.
Convention for the Protection of the Mediterranean Sea Against Pollution (1976, Barcelona) and its Protocol
for the Protection of the Mediterranean Sea Against Pollution from Land-based Sources (1980, Athens)
 Requires to eliminate pollution from certain substances and to regulate discharges of other
contaminants.
Direct and riverine inputs of cadmium, mercury, lead and zinc into the North-Sea and Baltic Sea have
significantly decreased in 1990s as well as atmospheric inputs.

(e) Hazardous substances in drinking water
 1980 Drinking Water Directive replaced by Directive 98/83/EC sets parameters for drinking water:
 Microbiological parameters
 Physico-chemical parameters
 Toxic substances (pesticides, hydrocarbons, cyanide and heavy metal etc..)
 Most EU countries have pbs with pesticides and heavy metals in drinking water:
 Belgium, France, Germany, NL, DK : between 5 and 10% of drinking water supplies often contaminated with
pesticides
 France and Germany are affected by heavy metal pollution due to insufficient replacement of lead pipes

(f) Other indicators.
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Sources of organic substances discharged to water
Consumption of pesticides
Accidental oil spills from marine shipping
Illegal discharges of oil to sea
Discharges of oil from refineries and offshore installations
Hazardous substances in marine organisms
Biological effects of hazardous substances in aquatic organisms
6. Conclusions:

EC has developed a set of indicators to assess the quality and quantity status of EU water bodies, including
coastal waters. The WFD shall set appropriate monitoring mechanisms with reinforced indicators and
monitoring tools. The structure upon which those indicators are determined and assessed may be
summarized as follows:
Impacts :
Driving Forces:
Pressures :
 Industry
 Agriculture
 Aquaculture
 Tourism
 Urbanisation
 Point sources
 Diffuse sources
 Water abstraction
 Physical intrusion
 Loss of habitats and species
 Impacts on public health
 Droughts/floods
 Salinisation
 Loss of amenity
 Coastal erosion
 Non indigenous species
 Eutrophication, Acidification
Responses : EC and international norms
 EQS and ELVs and BAT
 Water use restrictions
 Alternative supplies
 Water prices
 Improved information
 Demand side management
 Voluntary agreements
Status of water bodies:
Water quantity
Groundwater status
Ecological status
II
THE INTERNATIONAL POLICY AND LEGAL
CONTEXT OF THE NEW EC WATER REGIME.
1. WHY: Relevance of international policy and law on freshwater and marine waters to the EC new
water regime.
1.
.

The new EC water regime has not been designed and does not apply in a international legal
vacuum:
EC is Party to several Conventions (in force) on the protection of freshwaters and of marine
waters that are directly relevant to European waters, including to the new EC water regime. They
include a.o.:
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Convention for the Protection of the Marine Environment of the North-East Atlantic
(OSPAR), 1992, Paris.
Convention for the Protection of the Baltic Sea Area (HELCOM), 1992, Helsinki.
Convention for the Protection of the Mediterranean Sea Against Pollution (1976,
Barcelona).
Protocol for the Protection of the Mediterranean Sea Against Pollution from Land-based
Sources (1980, Athens).
Convention on the Protection and Use of Transboundary Watercourses and International
Lakes (1992, Helsinki).
Convention on the Protection of the Rhine, (1999, Berne).
2.
Provisions of the WFD that refer to international law on the protection
of freshwater and marine waters :
WFD rules on the designation of international River Basin Districts extending beyond EU boundaries.
Art. 3 (5) and (6):

In case of such RBD, MSs “endeavour” to set coordination mechanisms with non-EU MSs “with the aim
of” achieving the WFD objectives throughout the RBD

MSs “may” identify existing national or international body as RBD competent authority.
WFD rules on the discharges of hazardous substances into EU water bodies.
Preamble (21) :

WFD aims at ensuring that the EC meets its commitments undertaken under the OSPAR, HELCOM and
Barcelona Conventions with regard to the protection of coastal waters against pollution by hazardous
substances.
Art. 1 (c):
 One of the objectives of the WFD is to set a new strategy on discharges of hazardous
substances into EU water bodies in line with commitments undertaken by the EC under
international agreements.
Art. 16 (3):
 EC Commission identifies “priority hazardous substances” taking into account
international agreements.
3. Conclusions:
 The WFD is the key instrument that aims at ensuring that the EC meets its international
commitments undertaken under several Conventions on the protection of marine and
freshwater resources.
2. WHAT: State of relevant international policy and law on the protection of freshwaters and
on marine waters and environment and on hazardous substances.
2.1
Relevant international policy on the protection of freshwaters and marine / coastal waters.
2.1.1
Agenda 21, Chapter 18 “Protection of the quality and supply of freshwater resources: Application of
integrated approaches to the development, management and use of water resources”

Sets 7 programmes areas.

Note that it does not call for international legal action at global level !!, but for improved
delineation of responsibilities and co-ordination of international organisations and programmes.

“Programme area for the protection of water resources”:

Calls for “holistic management of resources and a recognition of the interconnectedness of
the elements related to freshwaters and freshwater quality” while taking a “catchment
management approach”.

Calls for simultaneous treatment of surface and groundwater bodies.
 Integrated management of water resources should be achieved via:
 Preparations of boundaries (river basin approach) for protection, conservation and rational use
of all potential sources of water supply.
 Water pollution prevention programmes based on:
•
•
•
•
•
•
•
(i) reduction-at-source measures
(ii) EIA
(iii) Enforceable standards for major point and diffuse sources of pollution.
(iv) International monitoring programmes
(v) Rehabilitation of degraded catchment areas.
(vi) Application of the polluter-pays principle.
(vii) Treatment plants for industrial and domestic effluents together with effluent
standards
• (viii) Application of the precautionary principle.

Regarding groundwater bodies:
•
•
•
•
(i) Non-degrading agricultural practices
(ii) Mitigation of saline intrusion
(iii) Establishment of protected areas
(iv) Regulation of abstraction.
2.1.2

Regarding aquatic ecosystems :
•
•
•
(i) Rehabilitation of degraded water bodies and agricultural lands
(ii) Conservation and protection of wetlands
(iii) Control of non-indigenous species

Regarding the need for international norms.
•
•
•
(i) to monitor and control pollution in a transboundary context
(ii) to control atmospheric deposition of pollutants affecting water bodies
(iii) to set rules on EIA in a transboundary context.
World Summit on Sustainable Development, Plan of Implementation

Halving by 2015 proportion of the population who do not have access to safe drinking water and
basic sanitation.

Intensifying water pollution prevention programmes to reduce health impacts, to protect groundwater
bodies, to introduce appropriate technologies and to set national legal frameworks.

To adopt sustainable water use policies and legislation to address water shortages and waste.

To develop by 2005 integrated water resource management plans

To adopt river basin approaches.
2.1.3 Agenda 21, Chapter 17 “Protection of the oceans, all kinds of seas , including enclosed and semi-enclosed seas,
coastal areas and the protection, rational use and development of their living resources”
 Sets 7 programmes areas.
 “Programme area for the integrated management of coastal resources and the coastal
environment ”:





Calls for national policies and measures on land use and coastal management
Calls for the establishment of “coastal profiles”
Calls for integrated coastal and marine environment management
Calls for EIA
Calls for improvement wastewater treatment in coastal areas, together with
standards on effluents
 Calls for protection and restoration of affected coastal habitats.
 “Programme area on Marine environmental protection ”:
 Prioritizes prevention of pollution from land-based sources from which there is no
global Convention. It calls for:






Precautionary approach
EIA
Clean production techniques
Sewage treatment facilities
Quality management criteria for hazardous substances management and handling
Reviewing of regional agreements
2.2 Relevant international legal requirements on the protection of freshwaters and marine / coastal
waters.
2.2.1
OSPAR (North Sea Atlantic), 1992, Paris.

Covers a.o. the internal waters (up to freshwater limit) and the territorial seas of Contracting Parties
(art. 1(a)).

Parties are to take all possible steps:
 to prevent and eliminate pollution of the “maritime area”
 To conserve marine ecosystems
 To restore affected marine areas, when practicable.

To do so, Parties are to apply :








Precautionary principle
Polluter-pays principle
BAT and best environmental practices
Priorities on basis of criteria set in Appendix 2 (i.e. toxicity, bioaccumulation, persistence)
Prior permit or regulation for point sources
Set a system of regular monitoring
Set plans to phase-out substances that are toxic, persistent and liable to bio-accumulate
Set standards on discharge of waste water effluents.
2.2.2
HELCOM (Baltic Sea Area), 1992, Helsinki.

Replaced the 1974 Paris Convention that failed to protect the Baltic Seas (too general commitments)
resulting in 100 000 km2 considered as “dead”

Covers a.o. the internal waters (up to freshwater limit) and the territorial seas of Contracting Parties
(art. 1(a)).

Parties are to take measures to “prevent and eliminate pollution to promote the ecological restoration
of the Baltic Sea Area and the preservation of its ecological balance”.

To do so, Parties are to apply :
 Precautionary and polluter-pays principles
 BAT, best environmental practices
 Prevent and eliminate pollution by certain substances discharges by certain sources listed in
Annex I
 Prevent and eliminate pollution from land-based sources via general regulation and prior permit
of wastewater effluents
 Achieve EQS for certain substances
 Conservation of associated ecosystems.
2.2.3
Barcelona Convention and its Protocol on Land-based Sources (The Mediterranean Sea), 1976 and
1980, as amended.
The Convention
•
Covers the Mediterranean Sea and its coastal area.
•
Parties are to take all appropriate measures to “reduce, combat and, when practicable, eliminate
pollution of the Mediterranean Sea Area with a view to contributing to its sustainable development”.
•
To do so, Parties are to apply :




To implement the Mediterranean Action Plan
Precautionary and polluter-pays principles
EIA
BAT, best environmental practices
The Land-based sources Protocol
•
Parties are to take all appropriate measures to “reduce, combat and, when practicable, eliminate
pollution of the Mediterranean Sea Area resulting from discharges coming from river flows and
coastal point and diffuse sources with a priority on persistent, toxic and bio-accumulating
substances”.
2.2.4 Convention on the Protection and Use of Transboundary Watercourses and International Lakes (1992,
Helsinki).

UNECE Convention setting norms moving towards general applicability of all transboundary waters
(surface and groundwater bodies) in UNECE countries.

Parties are called upon to reduce, prevent and control transboundary impacts of water pollution with
a view to ensure their equitable and rational use (customary international law).

To do so, parties are called upon to:
 Ensure treatment of discharges of effluents
 Reduction and control of emissions of hazardous substances via prior permitting procedures
and general regulation based upon best environmental practices, EQS and BAT.
 Cooperate via coordination mechanisms and bodies, notification requirements etc…

Mirrors customary international law: Principle 21 Stockholm / Principle 2 Rio.
2.2.5 Convention on the Law of Non-Navigational Uses of International Watercourses (1997, New York).

Landmark development in freshwater international law as:
 it sets rules capable of global application codifying international customary law on freshwater !!!
 it sets an integrated approach combining water bodies and associated ecosystems
 It sets minimum international standards under which States may not fall. Otherwise violation of the general
principle of not causing damage to the environment of other States.

General principle governing the use of international watercourses:
 Watercourse States shall use an international watercourse in an equitable and reasonable manner, which implies
optimal and sustainable use of the watercourse and its “adequate” protection.
 Right to equitable use if balanced by the obligation to prevent the causing of “significant harm” to other
watercourse States.
 When such “significant harm” is caused, polluting State must take all appropriate measures to eliminate or
mitigate pollution and to eventually compensate for damage.

Other principles governing the use of international watercourses:
 Co-operation.
 Exchanging data
 Notification in case of accidents and in case of planned activities that may adversely and significantly affect the
watercourse with procedure of consultation.

The protection and preservation and management of associated ecosystems:
 Riparian States have the duty to prevent, control, mitigate “significant harm” caused to
watercourses and their environment.
 Riparian States are to cooperate to establish lists of substances which should be prohibited,
limited, controlled and monitored.
 Riparian States should not introduce alien species that may be detrimental to native species and
plants.
 Riparian States may be required upon request of one of them to set up a joint watercourse
management body and mechanism
2.2.6 Other relevant sources of international law .
 Principle 21 Stockholm / Principle 2 Rio.
 Regional Rules: a.o.
 1999 Convention on the Protection of the Rhine River : sustainable use of the Rhine ecosystems via
ELVs on discharges of chlorides and EQS for Rhine as a source of drinking water, application of the
precautionary, polluter-pays and sustainable principles, prior authorisation for discharges of effluents and
wastewater and a basin-based approach.
Directive 2000/60/EC of the European Parliament and of
the Council of 23 October 2000 establishing a framework
for Community action in the field of water policy
Policy and legal context - Multi-facetted integration Sustainable development – Environmental objectives and
derogations – River Basin approach - Regulatory and Marketbased instruments.
(1) From a piecemeal water regime to normative integration
“OLD EC WATER REGIME”
(1)
Water-types based Directives:





(2)
Council Directive 75/4440/EEC on quality required of
surface water intended for the abstraction of drinking water +
Council Directive 79/869/EEC on methods of measurement
and frequencies of sampling and analysis of surface water
intended for abstraction of drinking water.
Council Directive 78/659/EEC on the quality of freshwaters
to support fish life
Council Directive 79/923/EEC on shellfish waters
quality
Council Directive 76/160/EEC on quality of bathing water
CRITICS AND WEAKNESSES OF
THE OLD EC PIECEMEAL
WATER REGIME:
-
complex to implement
-
Overlaps among Directives in
standards, pollution reduction
programmes, monitoring
provisions.
-
Cases of hydrological
incoherence
-
Not integrated
Water-uses based Directives :




Council Directive 76/464/EEC on water pollution caused by
discharges of certain dangerous substances + “Daugther
directives” on discharges of (i) mercury discharges by the
chlor-alkali electrolysis industry and by other sectors, (ii)
cadmium, (iii) hexachlorocyclohexane and (iv) certain
dangerous substances included in List 1 of the Annex to
Directive 76/464/EEC.
Council Directive 80/68/EEC on groundwater protection
against pollution by certain dangerous substances.
Council Directive 91/271/EEC on urban waste water
treatment
Council Directive 91/676/EEC on water protection of against
pollution caused by nitrates from agricultural sources.
A multi-facetted integrative water regime:
(2) From a piecemeal water regime to normative integration
New Approach : The River Basin District Concept
-
(1)
(2)
(3)
All types of water bodies regulated at the same time within each River Basin District as the new
hydrographic water unit.
Specific EQS, plans of action, pollution reduction programmes as set out in each water Directives
replaced by the concept of “Good water Status” to be achieved by all waters in each River Basin
District on the basis of an integrated programmes of measures and River Basin Management Plans
Directive 2000/60/EC ABROGATE:
Directive 2000/60/EC ABROGATE:
On 22/12/2007:
On 22/12/2013:
Council Directive 75/440/EEC on the quality required
of surface water intended for the abstraction of drinking
water.
Council Directive 79/869/EEC on methods of
measurement and frequencies of sampling and analysis
of surface water intended for abstraction of drinking
water.
Council Decision 77/795/EEC on a common procedure
for the exchange of information on the quality of surface
freshwater in the EC.
•
•
•
•
Council Directive 76/464/EEC on water
pollution caused by discharges of certain
dangerous substances + “Daugther directives”
Council Directive 80/68/EEC on groundwater
protection
Council Directive 78/659/EEC fish life waters.
Council Directive 79/923/EEC on shellfish
waters.
A multi-facetted integrative water regime:
(3) A single regulatory instrument based upon normative integration
Normative integration:
Abrogation of most existing EC water Directives and Decisions on water uses and pollutant
discharges replaced by one single all-encompassing instrument.
Partial normative integration:
(1)
Directives on bathing water, urban waste
water treatment and water pollution by nitrates
are not abrogated.
(2)
Yet, Directive 2000/60/EC must be applied in
such a way as to ensure compliance with those
Directives: Art. 4 (8).
(3)
In addition, Directive 2000/60/EC must be
applied in such a way as to ensure compliance
with other Directives, including with those
that set “protected areas”, such the Habitats
(92/43/EEC) and the “Birds” Directives.
Phased normative integration:
(1)
Concerned existing water Directives are
abrogated either in 2007 or in 2013.
(2)
In the meantime, MS must ensure that the
standards they set are achieved: Art.4 (9).
(3)
Once they are abrogated, derogations to the
environmental objectives of Directive
2000/60/EC cannot lead to levels of water
quality that are lower than those set in existing
water directives: Art. 4 (9).
A multi-facetted integrative water regime:
(4) Other forms of integration
Hydrological integration:
Integration of Environmental and Developmental aspects:
All water types including surface
and groundwater, are dealt
together in a holistic manner to
achieve a good water status” in
all river basin district as the new
water management unit.
(i)
(ii)
(iii)
(iv)
protection and improvement of water bodies,
promotion of sustainable water use via the economic analysis of
water uses and water pricing so as to ensure a sufficient supply of
good quality in sufficient quantity
mitigation the effects of floods and droughts
Derogations allowed in the light of i.e. costs of protective and
enhancement measures, socio-economic needs and sustainable
human development activities
Environmental integration :
(i)
(ii)
(iii)
Regulation of both
qualitative and
quantitative aspects of
water bodies
Protection of water
bodies vis-à-vis
associated ecosystems.
EQS and ELVS set in an
integrated manner for all
water bodies in each river
basin district
Administrative and water
management integration:
(1)
the designation of 1 competent
authority in each river basin
district
(2)
All measures necessary to
achieve the envi. Objectives of
Directive 2000/60/EC must be
coordinated within the
Programme of measure to be
set for each river basin district
Policy and regulatory instrument
integration:
(1)
Integrated Programmes of
Measures and River Basin
management Plans set for each
river basin district.
(2)
Combined approach.
(3)
Mixture of standards and
prohibition-based instruments
and market-based mechanisms
Directive 2000/60/EC
(5) Scope of application – General environmental objectives
Scope of Application
-
Inland surface waters
Transitional waters (waters close to river mouths partly saline but greatly influenced by freshwater flows)
Coastal waters
Groundwater.
General environmental objectives
General environmental objectives
(1)
(2)
(3)
(4)
No further deterioration of water
bodies
No further deterioration of
associated terrestrial ecosystems and
wetlands
Improvement of aquatic
environment via discharge
regulations
Significant and progressive
reduction of groundwater pollution
Sustainable development objectives
(1)
(2)
Promotes sustainable water use :
sufficient water of good quality for
all uses
Mitigate effects of floods and
droughts
Directive 2000/60/EC
6(1) Specific environmental objectives for water bodies
(1) Surface waters .
(2) Groundwater .
(a) No further deterioration of all surface water bodies,
without prejudice to application of derogations set out
in art. 4 (4-8).
(a) No further deterioration of all
groundwater bodies, without
prejudice to application of
derogations set out in art. 4 (4-8) and
11 (3) (j)
-
Derogations must not permanently exclude achievement of
objectives of the Directive for water bodies in same RBD
Derogations must not lead to water quality lower than
existing EC water legislation.
-
(b) Achievement of a “good water status” by 22/12/2015 of all
water bodies without prejudice to application of
derogations set out in art. 4 (4-8).
“Good ecological status” (“Good ecological potential” for
artificial and heavily modified bodies of surface waters)
and
“good chemical status”.
-
-
(b) Achievement of a “good groundwater
status” by 22/12/2015 of all water
bodies without prejudice to
application of derogations set out in
art. 4 (4-8) and 11 (3) (j).
-
“Good quantitative status”.
“good chemical status”.
(3) Protected areas.
-
Areas designated as such under water for human consumption, Bathing, urban waste water, nitrates, Habitats and
Birds Directives (Annex IV)
MS must establish registers of protected areas in each RBD by 22/12/2004 (art. 6 and 7)
Must achieve the envi. objectives of Directives 2000/60/EC by 2015 or envi. objectives set out in other EC
legislation if more stringent
Derogations do not apply to derogations, unless derogations provided for in other EC legislation.
Directive 2000/60/EC
6(2) To achieve a “good water status” for surface waters
Good ecological status :
-
Status that meets values set out in Annex V that distinguishes between “high”, “good”
and “moderate” status: Innovative feature in EC water law !!
“ status where levels of distortion of biological quality elements resulting from human activity are such as to
deviate only "slightly" from those which would prevail under undisturbed conditions and where relevant
hydromorphological and physico-chemical quality elements do “support” biological quality components”
-
biological quality elements:
i.e. phytoplankton, fish fauna.
hydromorphological quality elements : i.e. hydrological regime, morphological conditions
physico-chemical quality elements:
i.e. General conditions (i.e. temperature, oxygen) and EQS of synthetic
and non-synthetic pollutants listed in Annex VIII and set by MS in line
with procedure provided for in Annex V (point 1.2.6).
The setting of biological quality values:
-
Intercalibration exercise / network is set to agree on common numerical values defining boundaries between a
“high”, “good”, “moderate”, “poor” and “bad” ecological status.
Good chemical status :
-
EQS not exceeding those set for “priority substances” under art. 16 (7) and those set in other EC law such as the
Urban waste water, Nitrates and bathing Directives.
Directive 2000/60/EC
(6.3) To achieve a “good chemical status” for surface waters and a new EC
policy on discharges of pollutants into surface waters
The “old” EC regime on discharges of pollutants into surface water bodies: Directive 76/464/EEC.
Directive 76/464/EEC is the instrument that regulates discharges of pollutants into EC surface waters:

Substances List I: EC Council (under art. 6) adopted 5 Daughter Directives: EQS and ELVs for 18 of them.


MS must submit any discharges of those substances to prior authorisation specifying ELVs, maximum
concentration of the said substances in a discharge.
Substances List II : certain substances and categories of substances + substances List I for which EC Council
has not set EQS and ELVs (99 substances).


MS set programmes including EQS for concentrations in surface water of List II substances (Art. 7).
MS must submit on the basis of those EQS any discharges of those substances to prior authorization.
A new EC policy on discharges of dangerous substances into surface water bodies.
-
Art. 22 (2) (a) Directive 2000/60/EC : List II substances of Directive 76/464/EEC to be replaced by list of “priority
substances” to be adopted under Art.16 of Directive 2000/60/EC.
-
Art. 6 of Directive 76/464/EEC repealed as of 22/12/2000: implies that EC Council does not set anymore EQS and
ELVs for List I substances under that Directive.
-
All other provisions of Directive 76/464/EEC repealed on 22/12/2013, including art. 7.
Directive 2000/60/EC and Decision No 2455/2001/EC
(6.4) New EC policy on discharges of pollutants into surface waters
Directive 2000/60/EC: Art. 16 (1-3):
Specific EC measures to be adopted against pollution by individual or groups or pollutants presenting “ a
significant risk to or via the aquatic envi.


“Priority substances” :
“Priority hazardous substances”:
progressive reduction of pollution by them.
no more discharges by 2020.
Decision 2455/2001/EC establishing a list of priority substances :
•
Inserts an Annex X in Directive 2000/60/EC providing a list of 33 “priority substances”, including 10 “priority
hazardous substances (I.e. cadmium) , 9 “priority substances under revision” (I.e. lead) and 14 “priority
substances”.
Directive 2000/60/EC: Art. 16 (4, 6, 7 and 8):
•
•
•
EC Commission reviews the list of priority substances by 22/12/2004 and every 4 years thereafter
EC Commission proposes for reduction of discharges of “priority substances” and phase-out of “priority
hazardous substances” EQS and ELVs for at least point sources by 20/11/2003.
If no EC EQS and ELVs, MS set, by 22/12/2006, EQS and controls of main dischargers on basis of cost-effective
analysis and combination of product and process controls for point and diffuse sources.
Directive 2000/60/EC and COM(2003) 210 final
(6.5) New EC policy on discharges of pollutants into groundwater
bodies
“Good groundwater chemical status”
-
To be achieved by 22/12/2015.
MS must stake measures to prevent or limit inputs of pollutants and to prevent deterioration.
MS must reverse any significant and sustained upward trends in pollutant concentrations.
MS must prohibit any diret discharges of pollutants into groundwater, except for i.e. reinjection of pumped
groundwater from mines and quarries.
-
“Good chemical status” defined as a status where EQS set under Art. 17 are not exceeded.
-
In effect, in line with art. 17 (1-2), EC Commission has proposed a new Directive on the protection of
groundwater against pollution (COM(2003) 210) to replace Directive 80/68/EEC and which:
-
-
Sets criteria for assessing goof groundwater chemical status
Sets criteria for identification and reversal of significant and sustained upward trends in pollutant
concentrations
Sets a requirement to prevent or limit indirect discharges of pollutants into groundwater.
COM(2003) 210 final
(6.6) New EC policy on discharges of pollutants into groundwater
bodies
Criteria for assessing good
groundwater chemical
status
•
•
When pollutant
concentrations in nitrates and
active ingredients in
pesticides are equal or lower
than 50mg/l and 0,1µg/l
When concentrations of any
other pollutants are such as
that they would not result in
failure to achieve a good
status for associated surface
water bodies nor in any
significant decrease in the
status of such associated
surface water bodies nor in
any significant damage to
depending terrestrial
ecosystems
MS must set EQS for
certain pollutants
by 22/12/2005
•
For groundwater
bodies identified as
being at risk of not
achieving a good
status (in the light of
operational
monitoring
programmes), MS
must set EQS for
pollutants such as
ammonium, arsenic,
lead.
Criteria for the identification of significant and
sustained trend in pollutant
concentrations
•
Does not set specific criteria but merely
measurement methods.
•
Thus, under Art. 17(3) of Directive
2000/60/EC, it is up to MS to define criteria
by 22/12/2005.
•
In case there is such a trend, MS must take
measures via the programme of Measures to
reverse it.
To prevent and limit indirect discharges into groundwater
•
•
Programmes of Measures must include the prevention of indirect
discharges of pollutants 1-6 of Annex VIII of Directive 2000/60/EC (i.e.
Cyanides)
For indirect discharges of pollutants 7-12 of Annex VIII of Directive
2000/60/EC, prior authorisation is compulsory.
Directive 2000/60/EC
(7.1) Derogations to the achievement of the environmental
objectives
(1) More delay for achieving a “good status”
for surface and groundwater bodies:
Art. 4 (4)
MS may achieve a “good status” for a
surface and groundwater body only by
22/12/2021, but upon certain conditions,
such as:
(2) To deteriorate temporarily the status of a water body:
Art. 4 (6)
MS may deteriorate the status of a given water body, but
upon certain conditions, such as:
•
•
•
•
•
•
•
Not to further deteriorate the existing
level of quality of the water body
Delays justified on grounds of technical
unfeasibility or disproportionate costs
Not excluding permanently realisation of
a “good status” for water bodies within
the same RBD
Ensuring that other EC legislation are
complied with
At least the same level of protection that
the one set ion existing EC water law.
•
•
•
•
•
Must result from circumstances of force majeure, exceptional
natural event of accident.
MS must describe in its RBMP what type of unforeseeable
natural event or accident would be applicable
MS must define in advance a water management strategy in
its Programme of Measures.
MS must take all “practicable steps” to prevent any further
deterioration and adopt “practicable measures” to restore it
“as soon as reasonably practicable” : technical feasibility,
costs.
Not excluding permanently realisation of a “good status” for
water bodies within the same RBD
Ensuring that other EC legislation are complied with
At least the same level of protection that the one set ion
existing EC water law.
Directive 2000/60/EC
(7.2) Derogations to the achievement of the environmental objectives
(3) To achieve less stringent environmental objectives
: Art. 4 (5)
(4) Not to achieve environmental objectives and to deteriorate
water quality : Art. 4 (7)
MS may not achieve a “good status” for a
surface and groundwater body, but upon certain
conditions, such as:
•
•
•
•
•
•
•
Must concern a water body that is affected by
human activity or natural conditions that the
achievement of a “good status” would be
technically unfeasible or too costly.
Human activities must serve environmental and
socio-eco needs that cannot be achieved by other
means which would be better for the envi
without entailing disproportionate costs.
The highest surface water status must be
achieved and the least change to a “good
groundwater status”
Not to further deteriorate the existing level of
quality of the water body
Not excluding permanently realisation of a
“good status” for water bodies within the same
RBD
Ensuring that other EC legislation are complied
with
At least the same level of protection that the one
set in existing EC water law.
MS may be permitted not only to not achieve a “good status”
for a surface and groundwater body, but also to deteriorate their
quality. Yet conditions apply, such as:
•
•
•
•
•
•
•
•
Must result from “new modifications to the physical features of
a surface water body or alterations to the level of groundwater”
A “high surface water status” may lower down to a “good”
status if results from “new sustainable human development
activities”
Those modifications and activities must respond to an
“overriding public interest” in that the realisation of envi.
objectives would be outweighted by benefits from
modifications or activities in terms of human health, human
safety or SD.
Those benefits cannot be achieved by other means which would
be technically feasible or not too costly.
All practical steps are taken to mitigate the adverse impacts on
the status of the water body concerned.
Not excluding permanently realisation of a “good status” for
water bodies within the same RBD
Ensuring that other EC legislation are complied with
At least the same level of protection that the one set in existing
EC water law.
Directive 2000/60/EC
(8.1) First steps in designing Water Management Scheme
(1) To identify RB and RBD : Art. 3
•
MS must identify RB and assign them to
individual RBD.
(2) To designate competent authorities : Art. 3
•
MS must designate, by 22/12/2003, 1 competent
authority for each RBD.
Directive 2000/60/EC
(8.2) First steps in designing Water Management Scheme
(3) To analyse the features of each RBD by 22/12/2004: Art. 5
(a) To analyse their characteristics
•
Surface waters: Compulsory and optional descriptors, such
as altitude, geology, acid neutralizing capacity.
•
Groundwater: Initial characterization: location, boundaries..
•
Groundwater: Further characterization: when a groundwater
body is at risk of not achieving a good status,
analysis of its geological and hydrological features and
inventory of associated surface waters and terrestrial
ecosystems.
(b) To review impacts of human activities
•
Surface waters: identification and evaluation of
“significant” (i) point and diffuse sources of
pollution, (ii) water abstractions and (iii)
morphological alterations, which affect their status.
•
Groundwater: Further characterization: Review of
the impacts of human activities, location of
abstraction points and annual average abstraction
rates.
(c) To make an economic analysis of water use
•
Make calculations to take account of the pple of cost recovery of water services, taking
into account long term forecasts of supply and demand for water in the RBD.
•
Evaluate the most cost-effective combination of measures in respect of water uses.
Directive 2000/60/EC
(8.3) First steps in designing Water Management Scheme
(4) To set up monitoring programmes in each RBD by
22/12/2006: Art.8
(a) To monitor surface water bodies
(b) To monitor groundwater bodies
(i)
Surveillance monitoring programmes:
(i)
Monitoring of quantitative status :
•
shall allow the categorisation of surface water
bodies into 5 classes (from “good” to “bad”)
•
Via groundwater monitoring network
(ii)
Surveillance monitoring programmes for chemical status:
•
shall supplement and validate the RBD analysis
•
•
shall supplement and validate the RBD analysis
shall assess long-term changes in chemical conditions
(i.e.
conductivity, nitrates)
•
shall assess long-term changes in natural
conditions
(ii)
Operational monitoring programmes:
(iii)
Operational monitoring programmes for chemical status:
•
To determine status of those surface water bodies
at risk of not achieving a “good status” and
•
To determine status of those groundwater bodies at risk of not
achieving a “good chemical status” and
•
To assess any changes following implementation
of Programmes of Measures on those bodies at risk
•
To identify long-term upward trend in pollutants concentrations
Directive 2000/60/EC
(8.4) Second steps in designing Water Management Scheme
To establish a “Programme of measures” for each River Basin District
•
•
•
•
•
Must be set by 22/12/2009 and be operational by 22/12/2012.
Based upon outcomes of RBD analysis and monitoring programmes
Must contain “basic” measures and may contain supplementary measures if necessary to achieve a “good status”
or to prevent deterioration.
May contain general measures applying to all RBDs (i.e. rules on permits) and specific measures for each RBD
MS must ensure that the requirements of Directive 2000/60/EC are achieved via a coordination of all measures
in each RBD.
Directive 2000/60/EC
(8.4.1) Second steps in designing Water Management Scheme
To establish a “Programme of measures” for each River Basin District
Basic compulsory measures
•
•
Measures to ensure compliance with other EC legislation (i.e. Habitats, urban waste water, drinking water, bathing water)
Measures to ensure cost recovery and promote sustainable water use
To realise a “good ecological surface water status” and a “good groundwater quantitative status”.
•
Controls over abstraction of groundwater and surface water via registers of water abstraction and prior authorisation (except
if abstractions do not have “significant” impacts over status: yet exemption not systematic as status may change over time
because of natural conditions).
•
Prior authorisation for artificial recharge of groundwater.
To realise a “good ecological surface water status” and a “good chemical surface water status”.
•
Prior authorisation or prohibition of discharges of pollutants listed as “priority substances” and Annex VIII pollutants
discharges in “significant quantities”
•
•
•
•
Point sources of pollution: Emission controls based upon combined approach (i.e. ELVs, EQS, BATNEEC, Best Practices)
Diffuse sources of pollution: Prior authorisation or prohibition of discharges of pollutants
Measures to prevent any ‘significant losses” form technical installations.
Basic measures must not lead to direct or indirect increase in pollution.
Directive 2000/60/EC
(8.4.2) Second steps in designing Water Management Scheme
To establish a “Programme of measures” for each River Basin District
Supplementary measures
•
•
When “basic measures” are insufficient to ensure a good status or to
prevent deterioration or to meet any international standards (i.e. for
marine waters)
When a MS decides to apply stricter standards and protective
measures
•
May include:
-
Negotiated environmental agreements
Economic and fiscal measures
Codes of good practices
Directive 2000/60/EC
(8.5) Second steps in designing Water Management Scheme
To establish a “River Basin Management Plan” for each River Basin
District
•
•
•
Must be published by 22/12/2009, reviewed by 22/12/2015 and every 6 years thereafter.
Its objective: Similarly ton the Programmes of measures: to achieve the envir. objectives of the Directive in a
coordinated, efficient and coherent fashion.
Must incorporate all information listed in Annex VII.
Public participation
Content
•
•
•
•
•
•
General description of the characteristics of
the RBD
Summary of significant pressures and
impacts of human activity on all water
bodies in the RBD
Summary of the Programme of Measures
for the RBD
The economic analysis of water use
Measures taken to ensure protection of
waters used for abstraction of drinking
water
Controls on water abstractions.
All “interested parties” can participate into the production, review
and updating of RBMP.
•
•
•
•
Publication of timetable and work programme 3 years before the
start of the period to which the RBMP refers.
Interim overview of significant water management issues in the
RBD published 2 years before the start of the period to which the
RBMP refers.
Draft RBMP published 1 year before the start of the period to
which the RBMP refers.
“Interested parties” have then 6 months to comment of the draft
RBMP
(9) Directives 2000/60/EC
Water pricing
Aims at implementing the “polluter pays-principle / internalisation of externalities deriving from water uses.
•
MS must implement a water pricing policy by 2010.
•
Yet:
-
MS must “take account of” the pple of cost recovery of water services (abstraction, storage, treatment,
distribution of water) and of environmental and resources costs (undefined: costs deriving from water depletion,
envir. damage and associated societal impacts).
-
Pricing policy must provide “adequate incentives” for users to use water efficiently and based upon “adequate
contribution” from agriculture, industry and households: No obligation for “full cost recovery”
-
MS may consider the social, economic and envir. impacts of cost recovery as well as geographic and climatic
conditions.
-
MS may exempt a water use activity from water pricing if this does not put at risk achievement of
environmental objectives of the Directive.
-
MS can provide funding for preventive or remedial measures (i.e. installations for water-saving), but State aid
rules apply.
(10) CONCLUSIONS
• “The good” :
-
New water regime based upon sustainable development and integration.
Hydrological Integration with concept of RBD and RB
Environmental integration with combination of protection of water bodies (groundwater and surface water) and
associated terrestrial ecosystems.
Administrative and water management integration with Programmes of Measures and RBMP.
Policy instrument integration with combined approach, market-based instruments, ELVs and EQS.
Innovative features with “ecological status”, water pricing, simultaneous treatment of groundwater and surface waters
New policy on discharges of pollutants into surface water bodies
Future policy on protection of groundwater against pollution.
“The not-so-good” :
-
Much vague terminology :”significant (pollution)”, “adequate incentives”, “with the aim of”.
Requires further clarification.
Provisions on water pricing rather weak.
Thank you very much for your
attention !
Contact details :
Law Firm HUGLO LEPAGE & Partners :
15 Rue d’Egmont, B - 1000 BRUSSELS, BELGIUM
Tel: 00 32 (0)2.502.20.60
Fax: 00 32 (0)2.502.04.15
[email protected]
[email protected]