Final provisions
41. Reserves the right not to release the appropriations earmarked in the budgetary reserve for the
EQUAL initiative until the Commission has submitted the final programme;
*
**
42. Instructs its President to forward this resolution to the Commission and the governments of the
Member States.
6. Community action in the field of water policy ***II
A5-0027/2000
European Parliament legislative resolution on the common position adopted by the Council with a
view to the adoption of a European Parliament and Council directive establishinga framework forCommunity action in the field of water policy (9085/3/1999 Wdash C5-0209/1999 Wdash 1997/0067(COD))
(Codecision procedure: second reading)
The European Parliament,
5dash having regard to the Council common position (9085/3/1999 5dash C5-0209/1999)(
1),
5dash having regard to its position at first reading(2) on the Commission proposal and amended proposals to
Parliament and the Council (COM(1997) 49)(3), COM(1997) 614)(4) and COM(1998) 76)(5),
5dash having regard to the Commission’s amended proposal (COM(1999) 271)(6),
5dash having regard to Article 251(2) of the EC Treaty,5dash having regard to Rule 80 of its Rules of Procedure,5dash having regard to the recommendation for second reading of the Committee on the Environment,
Public Health and Consumer Policy (A5-0027/2000),
1. Amends the common position as follows;
2. Instructs its President to forward its position to the Council and Commission.
COMMON POSITION
OF THE COUNCILAMENDMENTS
BY PARLIAMENT
(Amendment 1)
Recital −1 (new)
(−1) Water is not a commercial product like any other
but, rather, a heritage which belongs to the peoples ofthe European Union and which must be protected,defended and treated as such;
(1) OJ C 343, 30.11.1999, p. 1.
(2) OJ C 150, 28.5.1999, p. 388.
(3) OJ C 184, 17.6.1997, p. 20.
(4) OJ C 16, 20.1.1998, p. 14.
(5) OJ C 108, 7.4.1998, p. 94.
(6) OJ C 342, 30.11.1999, p. 1.C 339/136 EN 29.11.2000 Official Journal of the European Communities
Wednesday 16 February 2000
(Amendment 2)
Recital 21
(21) Common principles are needed in order to coordinate
Member States’ efforts to improve the protection of Commun-ity waters in terms of quantity and quality, to promote sustain-able water use, to contribute to the control of transboundarywater problems, to protect aquatic ecosystems, and terrestrialecosystems and wetlands directly depending on them, and tosafeguard and develop the potential uses of Community waters;(21) Common principles are needed in order to coordinate
Member States’ efforts to improve the protection of Commun-ity waters in terms of quantity and quality, to promote sustain-able water use, to contribute to the control of transboundarywater problems, to protect aquatic ecosystems, and terrestrialecosystems and wetlands directly depending on them , and arid
and semi-arid areas, and to safeguard and develop the poten-
tial uses of Community waters;
(Amendment 3)
Recital 21a (new)
(21a) Good water quality will secure the drinkingwater
supply for the population;
(Amendment 5)
Recital 21b (new)
(21b) Coastal fisheries, despite beinglocated outside
river basins, should be recognized as being one of the eco-nomic activities most affected by all forms of environmen-tal deterioration within such basins;
(Amendment 6)
Recital 22
(22) Common definitions of the status of water in terms of
quality and, where relevant for the purpose of the environmen-tal protection, quantity should be established; environmentalobjectives should be set to ensure that good status of surfacewater and groundwater is achieved at Community level;(22) Common definitions of the status of water in terms of
quality and, where relevant for the purpose of the environmen-tal protection, quantity should be established; environmentalobjectives should be set to ensure that good status of surfacewater and groundwater is achieved throughout the Commun-
ity and that deterioration in the status of waters isavoided atEUlevel;
(Amendment 7)
Recital 23a (new)
(23a) The ultimate aim is to achieve the complete elimi-
nation of all anthropogenic pollutants and no exceedanceof background levels for naturally occurring substances;
(Amendment 8)
Recital 29
(29) The objective of achieving good water status should be
pursued for each river basin, so that measures in respect ofsurface water and groundwaters belonging to the same ecologi-cal and hydrological system are coordinated;(29) The objective of achieving good water status should be
pursued for each river and hydrogeological basin, so that
measures in respect of surface water and groundwaters belong-ing to the same ecological ,hydrological and hydrogeological
system are coordinated;29.11.2000 EN C 339/137 Official Journal of the European Communities
Wednesday 16 February 2000
COMMON POSITION
OF THE COUNCILAMENDMENTS
BY PARLIAMENT
(Amendment 9)
Recital 38a (new)
(38a) There is no natural right to discharge hazardous or
radioactive substances into water; scientific and technicalprogress allows the application of progressively less pol-lutingproduction technolog ies;
(Amendment 10)
Recital 39
(39)There is a needto combat pollution through the d ischarge of
various dangerous substances; the Council should, on a proposal
from the Commission, agree on the substances to be consid-ered for action as a priority andon specific measures to be taken
against pollution of water by those substances, taking into account allsignificant sources andid entifying the cost-effective andproportionatelevel andcombination of controls;(39)Pollution through the discharge, emission or loss of
hazardous substances must be eliminated; the EuropeanParliament and the Council should, on a proposal from the
Commission, submitted before 1 July 2000 and added to
and reviewed at least every three years, agree on the sub-
stances to be considered for action as a priority; the European
Parliament and the Council should, on proposals from theCommission, adopt measures for the gradual eliminationof pollution by those substances, takinginto account allsources, with a view to reducinginputs of hazardous sub-stances into the aquatic environment to levels close tozero by 2020;
(Amendment 12)
Recital 44a (new)
(44a) The measures necessary for the implementation of
this directive should be adopted in accordance with Coun-cil Decision 1999/468/EC of 28 June 1999 layingdown theprocedures for the exercise of implementingpowers con-ferred on the Commission(
1);
(1) OJ L 184, 17.7.1999, p. 23.
(Amendment 13)
Article 1(b)
(b) promotes sustainable water use based on a long-term pro-
tection of available water resources;(b) promotes sustainable and efficient water use based on a
long-term protection of available water resources within a
hydrological area or river basin ;
(Amendment 14)
Article 1(ca) (new)
(ca) aims at reducingdischarg es, emissions and losses of
hazardous substances into the aquatic environment tolevels close to zero by the year 2020
(Amendment 16)
Article 2(24), 2ndsubparagraph (new)
Good surface water chemical status is also the chemical
status required to meet the environmental objectives forsurface waters established in Article 4(1)(a) to (e).C 339/138 EN 29.11.2000 Official Journal of the European Communities
Wednesday 16 February 2000
COMMON POSITION
OF THE COUNCILAMENDMENTS
BY PARLIAMENT
(Amendment 17)
Article 2(25)
(25) ‘Good groundwater chemical status’ is the status defined
in table 2.3.2. of Annex V.(25) ‘Good groundwater chemical status’ is the chemical sta-
tusof a body of groundwater, which meets all the
conditions set out in table 2.3.2 of Annex V.
(Amendment 19)
Article 2(28a) (new)
(28a) ‘Hazardous substances’ means
(a) substances or groups of substances that are toxic,
persistent and liable to bioaccumulate;
(b) other substances or groups of substances which
are assessed as requiringa similar approach tosubstances referred to in (a), even if they do notmeet all the criteria for toxicity, persistence andbioaccumulation, but give rise to concern.
This category includes both substances which work
synergistically with other substances to generate suchconcern, and also substances which do not themselvesjustify inclusion, but which degrade or transform into
substances referred to in (a) or substances which
require a similar approach.
(Amendment 20)
Article 2(28b) (new)
(28b) ‘Direct discharge’ means discharge of substances
pursuant to Annex VIII into the groundwater withoutpassingthroug h the soil or subsoil.
(Amendment 21)
Article 2(32)
(32) ‘Environmental quality standard’ means the concentra-
tion of a particular pollutant orgroup of pollutants in
water, sediment or biota which should not be exceeded inorder to protect human health and the environment.(32) ‘Environmental quality standard’ means the concentra-
tion of a particular pollutant ,group of pollutants or radio-
active substances in water, sediment or biota which
should not be exceeded in order to protect human healthand the environment.
(Amendment 22)
Article 2(32a) (new)
(32a) ‘Combined approach’ means reduction of emis-
sions, initially in accordance with best available tech-nologies (BAT), then examination of whether thewater quality which is achieved satisfies the environ-mental quality objectives laid down in this Directiveand whether further measures over and above BATare needed.29.11.2000 EN C 339/139 Official Journal of the European Communities
Wednesday 16 February 2000
COMMON POSITION
OF THE COUNCILAMENDMENTS
BY PARLIAMENT
(Amendment 23)
Article 3(4)
4. Member States shall ensure that the requirements of this
Directive for the achievement of the environmental objectivesestablished under Article 4, and in particular all programmes ofmeasures are coordinated for the whole of the River Basin Dis-trict. For international River Basin Districts the Member Statesconcerned shall together ensure this coordination. At therequest of the Member States involved, the Commission shallact to facilitate the establishment of the programmes of mea-sures.4. Member States shall ensure that the requirements of this
Directive for the achievement of the environmental objectivesestablished under Article 4, and in particular all programmes ofmeasures are coordinated for the whole of the River Basin Dis-trict. For international River Basin Districts the Member Statesconcerned shall together ensure this coordination. At therequest of the Member States involved, the Commission shallact to facilitate the establishment of the programmes of mea-sures.In the case of river basins which extend over inter-
national boundaries, priority must be given to maintaining
the structures stemmingfrom existinginternational ag ree-
ments.
(Amendment 24)
Article 4(1), introductory phrase and (a)
1. Member States shall aim to achieve the objectives of : 1. Member States shall ensure that the River Basin Man-
agement authorities make operational the programmes ofmeasures specified in the River Basin Management Plans.
Member States shall:
(a)preventing deterioration of ecological status and pollution of sur-
face waters andrestoring surface waters, with the aim of
achieving good surface water status or, for heavily modified
andartificial bod ies, goodecological potential andgoodsurfacewater chemical status, at the latest 16years after the date of
entry into force of this Directive, in all bodies of surfacewater, in accordance with the provisions laid down inAnnex V, subject to the application of extensions deter-mined in accordance with paragraph 3 and to the applica-tion of paragraphs 4, 5 and 6 and without prejudice to the
relevant international agreements referred to in Article 1
for the parties concerned,(a) protect, enhance and restore all surface waters, with the
aim of achieving good surface water status at the latest10years after the date of entry into force of this Directive,
in all bodies of surface water, in accordance with the pro-visions laid down in Annex V, subject to the application ofextensions determined in accordance with paragraph 3 andto the application of paragraphs 4, 5 and 6 and withoutprejudice to the relevant international agreements referredto in Article 1 for the parties concerned,
(aa) gradually eliminate pollution of waters by continu-
ously reducingdischarg es, emissions and losses of
hazardous substances, thereby movingtowards thetarget of their cessation by 31 December 2020,
(ab) prevent deterioration of the status of all surface
waters, includingheavily modified and artificialbodies of water, from the date of entry into force ofthis Directive, subject to the application of paragraphs5 and 6,
(ac) prevent deterioration of the ecological potential and
surface water chemical status of heavily modified andartificial bodies of water, and
(ad) protect and enhance heavily modified and artificial
bodies of water, with the aim of achievingg ood eco-logical potential and good surface water chemical sta-tus at the latest 10 years after the date of entry intoforce of this Directive, in all such bodies of water,in accordance with the provisions laid down inC 339/140 EN 29.11.2000 Official Journal of the European Communities
Wednesday 16 February 2000
COMMON POSITION
OF THE COUNCILAMENDMENTS
BY PARLIAMENT
Annex V, subject to the application of extensions
determined in accordance with paragraph 3 and tothe application of paragraphs 5 and 6.
(Amendment 25)
Article 4(1)(b)
(b)preventing deterioration of groundwater status, restoring
bodies of groundwater, and ensuring a balance between
abstraction and recharge of groundwater , with the aim of
achieving good groundwater status in all bodies of groundwater ,
in accordance with the provisions laid down in Annex V,at the latest 16years after the date of entry into force of
this Directive and reversing any significant and sustainedupward trend in the concentration of any pollutant result-
ing from the impact of human activity, subject to the
application of extensions determined in accordance withparagraph 3 and to the application of paragraphs 4, 5and 6;(b)prevent deterioration of the quantitative and chemical
status of groundwater,
(ba) restore polluted bodies of groundwater, and ensure a
balance between abstraction and recharge of groundwater,
(bb) avoid the input of anthropogenic pollutants, subject
to the application of Article 11(3)(g) and
(bc) reduce to an absolute minimum the pollution of
groundwater by diffuse inputs, in particular from agri-
cultural activities, usingthe combined approach pur-suant to Article 11, with the aim of achieving for all
bodies of groundwater, within 10 yearsfromthe date of
entry into force of this Directive, subject to the applicationof extensions determined in accordance with paragraph 3and to the application of paragraphs 4, 5, 6 and 7, at least
insignificantly anthropogenically polluted groundwater
status, in accordance with the provisions laid down inAnnex V, and a reversal of any significant and sustained
upward trend in the concentration of any pollutant result-ing from the impact of human activity which is over half
the level of the quality standard pursuant to Annex V;
(Amendment 26)
Article 4(1)(c) andconclud ing phrase
(c)achieving compliance with any standards and objectives
relating to Protected Areas, at the latest 16years after the
date of entry into force of this Directive, unless otherwisespecified in the Community legislation under which theindividual Protected Areas have been established , through
phasedimplementation of measures taken und er Article 11.(c)achieve compliance with any standards and objectives
relating to Protected Areas, at the latest 10years after the
date of entry into force of this Directive, unless otherwisespecified in the Community legislation under which theindividual Protected Areas have been established.
(Amendment 78)
Article 4(3)
3. The deadlines established under points (a) and ( b) of para-
graph 1 may be extended for the purposes of phasedachievement
of the objectives under paragraph 1 for bodies of water when all
the following conditions are met:3. The deadlines established under points (a) and ( bc)o f
paragraph 1 may be extended for bodies of water when allthe following conditions are met:
(a) Member States determine that all necessary improvements
in the status of bodies of water cannot reasonably be
achieved within the timescales set out in that paragraph,(a) Member States determine that all necessary improvements
in the status of bodies of water cannot be achieved withinthe timescales set out in that paragraph for the following
reasons:29.11.2000 EN C 339/141 Official Journal of the European Communities
Wednesday 16 February 2000
COMMON POSITION
OF THE COUNCILAMENDMENTS
BY PARLIAMENT
Wdash the scale of improvements required can, for rea-
sons of techical feasibility, only be achieved inphases exceedingthe timescale,
Wdash completingthe improvements within the time-
scale would be disproportionately expensive,
Wdash natural conditions do not allow rapid improve-
ments in the status of the body of water,
(b) the extension of the deadline, and the reasons for it, are
specifically set out and explained in the River Basin Man-agement Plan required under Article 13,(b) the extension of the deadline, and the reasons for it, are
specifically set out and explained in the River Basin Man-agement Plan required under Article 13,
(c) extensions are limited to periods which do not exceed the
period covered by 3 further updates of the River BasinManagement Plan except in cases where the natural condi-tions are such that the objectives cannot be achievedwithin this period. Other than in these latter cases,a request for the thirdextension must be submitted to the
Commission, which shall take a decision on such requestwithin 3 months,(c) extensions are limited to periods which do not exceed the
period covered by 3 further updates of the River BasinManagement Plan except in cases where the natural condi-tions are such that the objectives cannot be achievedwithin this period. Other than in these latter cases,a request for the second extension must be submitted to
the Commission, which shall take a decision on suchrequest within 3 months,
(d) a summary of the measures required under Article 11
which are envisaged as necessary to bring the bodies ofwater progressively to the required status by the extendeddeadline and the expected timetable for their implementa-tion are set out in the River Basin Management Plan.A review of the implementation of these measures and a
summary of any additional measures shall be included in
updates of the River Basin Management Plan.(d) a summary of the measures required under Article 11
which are envisaged as necessary to bring the bodies ofwater progressively to the required status by the extendeddeadline, the reasons for any delay in makingthese
measures operational, and the expected timetable for
their implementation are set out in the River Basin Man-
agement Plan. A review of the implementation of these
measures and a summary of any additional measures shallbe included in updates of the River Basin ManagementPlan.
(Amendment 30)
Article 4(4)
4. Member States may aim to achieve less stringent environ-
mental objectives than those required under paragraph 1(a) and(b) for specific bodies of water when boththe following condi-
tions are met:4. Member States may aim to achieve less stringent environ-
mental objectives than those required under paragraph 1(a) to
(ad)and (b)to (bc) for specific bodies of surface waterand
groundwater whenallthe following conditions are met:
(a) Member States determine that the body of water is so
affected by human activity or its natural condition is suchthatimprovements in status would be infeasible or unreason-
ablyexpensive; and(a) Member States determine that , for groundwater level
and/or groundwater qualitative status, following themethodology set out in Annex V, sections 2.3 and2.4 and for surface water, the body of water is so
affected by pasthuman activity or its natural condition is
such that achievement of the objectives required under
paragraph 1(a) to (ad) and (b) to (bc) would be infeasible
ordisproportionately expensive,
(aa) the environmental and social needs served by the
existingcharacteristics of the body of water cannotbe satisfied by other means which are a better practi-cal environmental option,C 339/142 EN 29.11.2000 Official Journal of the European Communities
Wednesday 16 February 2000
COMMON POSITION
OF THE COUNCILAMENDMENTS
BY PARLIAMENT
(b) the establishment of less stringent environmental objec-
tives, and the reasons for it, are specifically mentioned inthe River Basin Management Plan required under Article 13
and those objectives are reviewed every 6 years.(b) the establishment of less stringent environmental objec-
tives, and the reasons for it, are specifically mentioned inthe River Basin Management Plan required under Article 13
and those objectives are reviewed every 6 years ;
(ba) Member States ensure that
5dashfor surface waters, the highest ecological and che-
mical status possible is achieved, given the una-voidable impacts due to the nature of pasthuman activity and past pollution,
Wdash for groundwaters, the least changes to quantita-
tive and chemical status possible are made, given
the unavoidable impacts due to the nature of themodification or past pollution, and
Wdash no further deterioration in the status of bodies of
surface water or groundwater occurs.
(Amendment 31)
Article 4(4a) (new)
4a. Member States may designate a body of surface
water as artificial or heavily modified, where makingtheimprovements needed to achieve good ecological statuswould have significant adverse effects on
(i) the wider environment,(ii) navigation or recreation,(iii) activities for the purposes of which water is stored,
such as drinkingwater supply, power g eneration orirrigation,
(iv) water regulation, flood protection or land drainage
and other similar purposes,
(v) the extraction of raw materials,and whereWdash the beneficial objectives served by the artificial or
modified characteristics of the body of water cannotbe achieved by other means which are a better practi-cal environmental option, and
Wdash modifications are such that they allow the best prac-
ticable approximation to ecological continuum, in par-
ticular with respect to migration of fauna and appro-priate spawningand breedingg rounds.
Designation of a body of water as artificial or heavily
modified and the reasons for this designation must be spe-cifically mentioned in the River Basin Management Planrequired under Article 13 and updated every six years.29.11.2000 EN C 339/143 Official Journal of the European Communities
Wednesday 16 February 2000
COMMON POSITION
OF THE COUNCILAMENDMENTS
BY PARLIAMENT
(Amendments 33 and 84)
Article 4(5)
5. Deterioration in the status of bodies of water shall not be
in breach of the requirements of this Directive if this is theresult of unforeseen or exceptional circumstances, in particular
floods and droughts, when all of the following conditions
have been met:5.Temporary deterioration in the status of bodies of water
shall not be in breach of the requirements of this Directive ifthis is the result of unforeseeable or exceptional circum-
stancesdue to natural causes or force majeure , in particular
untypically extreme floods and untypically prolonged
droughts, when all of the following conditions have been met:
(a) all practicable steps are taken with the aim of preventing
further deterioration in status and in order not to compro-mise the achievement of the objectives of this Directive inother bodies of water not affected by those circumstances,(a) all practicable steps are taken to prevent further deteriora-
tion in status and in order not to compromise the achieve-ment of the objectives of this Directive in other bodies ofwater not affected by those circumstances,
(b) the conditions under which such unforeseen or exceptional
circumstances may be declared, including the adoption of
the appropriate indicators, are stated in the River BasinManagement Plan,(b) the conditions under which such unforeseeable or excep-
tional circumstances may be declared, including the adop-
tion of the appropriate indicators, are stated in the RiverBasin Management Plan,
(c) the measures to be taken under such exceptional circum-
stances are included in the programme of measures andwill not compromise the recovery of the quality of thebody of water once the circumstances are over,(c) the measures to be taken under such exceptional circum-
stances are included in the programme of measures andwill not compromise the recovery of the quality of thebody of water once the circumstances are over,
(d) the effects of the unforeseen or exceptional circumstances
are reviewed annually and , for situations other than floods
andd roughts, any practicable measures are taken with the
aim of restoring the body of water to its status prior tothe effects of those circumstances as soon as reasonablypracticable, and(d) the effects of the unforeseeable or exceptional circum-
stances are reviewed annually, and allpracticable measures
are taken with the aim of restoring the body of water to its
status prior to the effects of those circumstances as soon asreasonably practicable, and
(e) a summary of the effects of the circumstances and of the
measures taken or to be taken in accordance with para-graphs (a) and (d) are included in the next update of theRiver Basin Management Plan.(e) a summary of the effects of the circumstances and of the
measures taken or to be taken in accordance with para-graphs (a) and (d) are included in the next update of theRiver Basin Management Plan.
(Amendment 34)
Article 4(6)(b)
(b) the reasons for the modifications are specifically set out
and explained in the River Basin Management Planrequired under Article 13 and the objectives are reviewedevery six years.(b) the reasons for the modifications or alterations are speci-
fically set out and explained in the River Basin Manage-ment Plan required under Article 13 and the objectivesare reviewed every six years,
(ba) the reasons for modification are of overridingpublic
interest and/or the benefits to the environment and tosociety of achievingthe objectives set out in para-graph 1 are outweighed by the benefits of thenew modifications or alterations to human health,the maintenance of human safety or to sustainabledevelopment of the local area in which the body of
water is located, and
(bb) the beneficial objectives served by the new modifi-
cations or alterations of the body of water cannot beachieved by other means which are a better practicalenvironmental option .C 339/144 EN 29.11.2000 Official Journal of the European Communities
Wednesday 16 February 2000
COMMON POSITION
OF THE COUNCILAMENDMENTS
BY PARLIAMENT
(Amendment 35)
Article 4(7)
7. When applying paragraphs 3, 4, 5 and 6, a Member State
shall ensure that the application does not compromise theachievement of the objectives of this Directive in other bodies
of water within the same River Basin District and is consistent
with the implementation of other Community environmentallegislation.7. When applying paragraphs 3, 4, 5 and 6, a Member State
shall ensure that the application does not permanently
exclude or compromise the achievement of the objectives of
this Directive in other bodies of water within the same River
Basin District and is consistent with the implementation ofother Community environmental legislation.
(Amendment 36)
Article 5
Characteristics of the River Basin District , Review of the environ-
mental impact of human activity andEconomic Analysis of water useCharacteristics of the River Basin District
1.Each Member State shall ensure that for each River Basin Dis-
trict or for the portion of an international River Basin District fallingwithin its territory :
Sdash an analysis of its characteristics,
Sdash a review of the impact of human activity on the status of surface
waters andon ground water, and
Sdash an economic analysis of water use
is undertaken according to the technical specifications set out in
Annexes II andIII andthat it is completedat the latest 5 yearsafter the date of entry into force of this Directive .1. Member States shall ensure that an analysis of the
characteristics of each River Basin District is undertaken,to be completed at the latest five years after the entry intoforce of this directive. This analysis shall cover the follow-
ingaspects:
(a) the geographical and geological characteristics of the
River Basin District;
(b) the hydrographical characteristics of the River Basin
District,
(c) the demographic characteristics of the River Basin
District,
(d) the land use and economic activity within the River
Basin District,
(e) existingdams and reservoirs, indicatingwhether these
are installations for the supply of energy, drinkingwater or for multi-purpose use, and
(f) the ecological characteristics and current biodiversity
in the River Basin District.
2. The analyses andreviews mentionedund er paragraph 1 shall
be reviewed, and if necessary updated at the latest 13 years
after the date of entry into force of this Directive and every
six years thereafter.2. The analysis shall be reviewed, and if necessary updated
at the latest 13 years after the date of entry into force of this
Directive and every six years thereafter.
(Amendment 39)
Article 5a (new)
Article 5a
Cost-benefit study
Within five years from the date of implementation of this
Directive, the Commission, with the assistance of theappropriate authorities in the Member States, shall carryout a cost-benefit study for the purpose of determiningthe amount of investment that has been required for theimplementation of this Directive.29.11.2000 EN C 339/145 Official Journal of the European Communities
Wednesday 16 February 2000
COMMON POSITION
OF THE COUNCILAMENDMENTS
BY PARLIAMENT
(Amendment 40)
Article 7(1), introduction
1. Member States shall identify, within each River Basin Dis-
trict:1. Member States shall identify, within each hydrological
area and River Basin District:
(Amendment 41)
Article 7(2)
2. For each body of water identified under paragraph 1,
in addition to meeting the objectives of Article 4 in accordancewith the requirements of this Directive, for surface waterbodies including the quality standards established at Commun-
ity level under Article 16, Member States shall ensure that under
the water treatment regime applied, and in accordance with Commun-ity legislation, the resulting water will meet the requirements of
Directive 80/778/EEC as amended by Directive 98/83/EC.2. For each body of water identified under paragraph 1,
in addition to meeting the objectives of Article 4 in accordancewith the requirements of this Directive, for surface waterbodies including , as a minimum, the quality standards estab-
lished at Community level under Article 16 and Annex V ,
Member States shall ensure that the least intensive purifica-
tion treatment possible is sufficient to attain drinkingwater quality and to meet the requirements of Directive 80/
778/EEC as amended by Directive 98/83/EC.
(Amendment 42)
Article 8(1), indents and (2)
5dash for surface waters such programmes shall cover monitor-
ing of the ecological and chemical status,5dash for surface waters such programmes shall cover quantita-
tivemonitoring of the volume and level of rate of flow
and the ecological and chemical status,
5dash for groundwaters such programmes shall cover monitoring
of the chemical and quantitative status,5dash for groundwaters such programmes shall cover monitoring
of the chemical , qualitative and quantitative status based
on measurement of the chemical and biological condi-tion of the water ,
5dash for protected areas the above programmes shall be supple-
mented by those specifications contained in Communitylegislation under which the individual protected areashave been established.5dash for protected areas the above programmes shall be supple-
mented by those specifications contained in Communitylegislation under which the individual protected areashave been established.
2. These programmes shall be operational at the latest
7years after the date of entry into force of this Directive unless
otherwise specified in the legislation concerned. Such monitor-
ing shall be in accordance with the requirements of Annex V.2. These programmes shall be operational at the latest
6years after the date of entry into force of this Directive unless
otherwise specified in the legislation concerned. Such monitor-
ing shall be in accordance with the requirements of Annex V.
2a. The technical specifications shall include the use of
standardised methods for analysingand monitoringqual-ity recognised by all the Member States.
(Amendment 43)
Article 9(1)
1. Member States shall take account of the principle of recovery
of the costs of water services, including environmental and resource
costs, having regardto the economic analysis conducted accord-
ing to Annex III, andin accord ance in particular with the polluter
pays principle. Member States may in doing so have regard tothe social, environmental and economic effects of the recovery as
well as the geographic and climatic conditions of the region orregions affected.1. Member States shall ensure by 2010:
Wdash that water pricingpolicies provide adequate incen-
tives for users to use water resources efficiently, andthereby contribute to the environmental objectives ofthis Directive;
Wdash an adequate contribution of the different economic
sectors, disaggregated at least into industry, house-C 339/146 EN 29.11.2000 Official Journal of the European Communities
Wednesday 16 February 2000
COMMON POSITION
OF THE COUNCILAMENDMENTS
BY PARLIAMENT
holds and agriculture, to the recovery of the costs of
water services, based on the economic analysis conducted
according to Annex III and takingaccount of the polluter
pays principle.
In doing so, Member States may have regard to related social
and economic effects, as well as the geographic and climaticconditions of the region or regions affected.
(Amendment 85)
Article 9(2)
2. Member States shall report in the River Basin Manage-
ment Plans on the practical steps andmeasures taken to apply this
principle.2. Member States shall report in the River Basin Manage-
ment Plans on the planned steps towards implementinga
pricingpolicy which helps ensure that the environmentalobjectives of this Directive are met, and on the contribu-tion made by the various economic sectors to the recov-ery of all the costs of water services.
(Amendment 46)
Article 9(3a) (new)
3a. Member States shall establish timetables for the full
application of the provisions of this Article. Details ofsuch timetables shall be included in the River Basin Man-
agement Plans required under Article 13.
(Amendment 47)
Article 10(1) and(2), first part
1. Member States shall ensure that relevant discharges subject to
control as specified under paragraph 2 are controlled according to theapproach set out in this Article.1. Member States shall restrict all discharges into bodies
of water accordingto the combined approach set out in
this Article. For substances listed in Annex X the European
Parliament and Council, on a proposal from the Commi-ssion, shall set Community-wide uniform discharge limitvalues (emissions standards). Further measures shall betaken when the restriction of discharge on the basis ofcurrent technology is not sufficient to satisfy the waterquality objectives pursuant to Article 4.
2. Member States shall ensure the establishment and/or
implementation of:2. Member States shall ensure the establishment and/or
implementation of:
(a) the emission controls based on Best Available Techniques;
or(a) the emission controls based on Best Available Techniques;
or
(b) the relevant emission limit values; or (b) the relevant emission limit values; or
(c) in the case of diffuse impacts the controls including, as
appropriate, Best Environmental Practices; set out in:(c) in the case of diffuse impacts the controls including, as
appropriate, Best Environmental Practices,
as appropriate, usingthe approaches set out in:29.11.2000 EN C 339/147 Official Journal of the European Communities
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COMMON POSITION
OF THE COUNCILAMENDMENTS
BY PARLIAMENT
(Amendments 48 and 86)
Article 11(1)
1. Each Member State shall ensure the establishment for
each River Basin District, or for the part of an InternationalRiver Basin District within its territory, of a programme ofmeasures, taking account of the results of the analyses requiredunder Article 5, with the aim of moving progressively towards
achieving the objectives established under Article 4. Where
appropriate, a Member State may adopt measures applicable
to all River Basin Districts and/or the portions of International
River Basin Districts falling within its territory.1. Each Member State shall ensure the establishment for
each River Basin District, or for the part of an InternationalRiver Basin District within its territory, of a programme ofmeasures, taking account of the results of the analyses requiredunder Article 5, designed to achieve the objectives established
underArticles 1 and 4. Where appropriate, a Member State
may adopt measures in the form of legal or administrative
provisions or contracts applicable to all River Basin Districts
and/or the portions of International River Basin Districts fallingwithin its territory.
(Amendment 87)
Article 11(3)(d)
(d) controls over the abstraction of fresh surface water and
groundwater, and impoundment of fresh surface water,including a register or registers of water abstractions anda requirement of prior authorisation for abstraction and
impoundment. These controls shall be periodically
reviewed and, where necessary, updated . Member States
can exempt from these controls, abstractions or impoundmentswhich have no significant impact on water status;(d) controls over the abstraction of fresh surface water and
groundwater, and impoundment of fresh surface water,including a register or registers of water abstractions anda requirement of prior authorisation for abstraction and
impoundment , and, where abstraction may have an
impact on water status, a requirement for an environ-mental impact assessment . These controls shall be peri-
odically reviewed and, where necessary, updated,
(da) a requirement to implement measures for more effi-
cient use of water in all water-use sectors if waterdemand exceeds the quantity sustainably availablewithin a river basin, particularly by application ofbest available water-savingand recyclingtechnolog y,
(db) in cases where an adequate supply of wholesome
drinkingwater cannot be secured, a requirement toempower the competent local authority to reallocatewater from uses in other water-use sectors,
(dc) a requirement for prior authorisation of artificial
recharge of groundwater aquifers;
(Amendment 88)
Article 11(3)(fa) (new)
(fa) measures to progressively reduce emissions into sur-
face waters by continuously reducingdischarg es,emissions, and losses of hazardous substances;
(Amendment 53)
Article 11(3)(ia) (new)
(ia) any measures required to achieve good ecological
potential for bodies of water designated as artificialor heavily modified.C 339/148 EN 29.11.2000 Official Journal of the European Communities
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COMMON POSITION
OF THE COUNCILAMENDMENTS
BY PARLIAMENT
(Amendment 54)
Article 11(5), 1st subparagraph
5. Where monitoring or other data indicate that the objec-
tives set under Article 4 for the body of water are unlikely tobe achieved, the Member State shall ensure that:5. Where monitoring or other data indicate that the objec-
tives set under Article 4 for the body of water are unlikely tobe achieved, the Member State shall ensure:
Sdash the causes of the possible failure are investigated, and (a) investigation of the causes of the body of water failing
to achieve the environmental objectives, includingconsideration of the hydromorphological and phy-sico-chemical condition of the body of water,
Sdash such additional measures as may be practicable in order to
achieve those objectives are established.(b) more intensive monitoringof the extent and nature of
any pollution within the body of water, and of anyhuman alterations to the natural hydromorphologicalcondition of the body of water,
(c) establishment of environmental quality standards for
surface waters for any pollutants thus identified,designed to ensure that the objective set pursuant toArticle 4 in respect of ecological status is achieved atthe latest 10 years after the entry into force of thisDirective. These standards must be at least as strin-gent as the standards established in Annex IX or pur-suant to Article 16(5) or in other relevant Communitylegislation,
(d) immediate review of all relevant authorisations and
discharge permits followed by action on the basis ofthe level of risk involved,
(e) establishment of measures to ensure that the hydro-
morphological condition of the body of water is such
as to ensure the achievement of the objectives set
under Article 4 in respect of ecological status.
(Amendment 55)
Article 11(7) and(8)
7. The programmes of measures shall be established at the
latest10years after the date of entry into force of this Direc-
tive and all the measures shall be made operational at the latest13years after that date.7. The programmes of measures shall be established at the
latestfouryears after the date of entry into force of this Direc-
tive and all the measures shall be made operational at the latestsevenyears after that date.
8. The programmes of measures shall be reviewed, and if
necessary updated at the latest 16years after the date of entry
into force of this Directive and every six years thereafter.Any new or revised measures established under an updatedprogramme shall be made operational within three years of
their establishment.8. The programmes of measures shall be reviewed, and if
necessary updated at the latest 10years after the date of entry
into force of this Directive and every six years thereafter.Any new or revised measures established under an updatedprogramme shall be made operational within three years of
their establishment.
(Amendment 56)
Article 13(1)
1. Member States shall ensure that a River Basin Manage-
ment Plan is produced for each River Basin District lying entirely
within their territory .1. Member States shall ensure that a River Basin Manage-
ment Plan is produced and implemented for each River
Basin, in order to achieve the objectives set out in
Articles 1 and 4 .29.11.2000 EN C 339/149 Official Journal of the European Communities
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COMMON POSITION
OF THE COUNCILAMENDMENTS
BY PARLIAMENT
(Amendment 57)
Article 13(6) and(7)
6. River Basin Management Plans shall be published at the
latest10years after the date of entry into force of this Direc-
tive.6. River Basin Management Plans shall be published at the
latestsixyears after the date of entry into force of this Direc-
tive.
7. River Basin Management Plans shall be reviewed and
updated at the latest 16years after the date of entry into
force of this Directive and every six years thereafter.7. River Basin Management Plans shall be reviewed and
updated at the latest 10years after the date of entry into
force of this Directive and every six years thereafter.
(Amendment 58)
Article 16(1)
1. The Council shall adopt specific measures against pollu-
tion of water by individual pollutants or groups of pollutantspresenting an unacceptable risk to or via the aquatic environ-ment, including such risks to waters used for the abstraction ofdrinking water. Such measures shall be adopted actingon the
proposals presented by the Commission in accordance with the
procedures laid down in the Treaty.1. The European Parliament and the Council shall adopt
specific measures against pollution of water by individual pol-lutants or groups of pollutants presenting an unacceptable riskto or via the aquatic environment, including such risks towaters used for the abstraction of drinking water. These mea-
sures shall be aimed at preventingthe pollution of water
by continuously reducingdischarg es, emissions and losses
of hazardous substances, thus movingtowards the targ etof their cessation by 31 December 2020. Such measures
shall be adopted on the basis of proposals presented by the
Commission in accordance with the procedures laid down inthe Treaty.
(Amendment 93)
Article 16(4)
4. For the substances on the priority list, the Commission
shall submit proposals for controls on the principal sources of the
emissions concerned. In doing so it shall take account of bothpoint and diffuse sources andshall id entify the costeffective and
proportionate level andcombination of prod uct controls andemissionlimit values for process controls . Where appropriate, action at
Community level for process controls may be established on a
sector-by-sector basis. Where product controls include a reviewof the relevant authorisations issued under Directive 91/414/EEC and Directive 98/8/EC, such reviews shall be carried outin accordance with the provisions of those Directives. Eachproposal for controls shall specify arrangements for theirreview, updating and for assessment of their effectiveness.4. For the substances on the priority list, the Commission
shall submit proposals for the continuous reduction of the
discharges , emissions and losses concerned one year after
each new triennial list, or more frequently, as appropriate .
In doing so it shall take account of both point and diffusesourcesand aim at reducingdischarg es, emissions and
losses to levels close to zero by 31 December 2020. TheCommission shall make proposals on this basis forCommunity-wide uniform emission standards. Where
appropriate, action at Community level may be established ona sector-by-sector basis. Where product controls include areview of the relevant authorisations issued under Directive91/414/EEC and Directive 98/8/EC, such reviews shall be car-ried out in accordance with the provisions of those Directives.
Each proposal for controls shall specify arrangements for their
review, updating and for assessment of their effectiveness.
4a. The Commission shall establish by 30 June 2000 a
target list of substances which are potentially hazardouson the basis of their chemical, physical and biologicalproperties. Substances for which such a hazard character-isation is not feasible due to a lack of relevant data shallbe listed in a separate list of data-deficient substances.C 339/150 EN 29.11.2000 Official Journal of the European Communities
Wednesday 16 February 2000
COMMON POSITION
OF THE COUNCILAMENDMENTS
BY PARLIAMENT
Both lists shall be annexed to this Directive as Parts A and
B of Annex X.
4b. For data-deficient potentially hazardous substances,
the Commission shall request the producer, trader and/orprofessional user to supply the standard data set of chemi-cal, physical and biological properties. Potentially hazar-dous substances for which no standard data set has beensupplied three years after the date of entry into force ofthis Directive shall be regarded as potentially hazardoussubstances and added to the target list.
(Amendment 61)
Article 16(6)
6. The Commission shall submit proposals , in accordance with
paragraphs 4 and5, andat least for emission controls for pointsources and environmental quality standards within two years of
the inclusion of the substance concerned on the priority list.For substances included in the first priority list, in the absenceof agreement at Community level sevenyears after the date of
entry into force of this Directive, Member States shall establishenvironmental quality standards for these substances for all surfacewaters affectedby d ischarges of those substances andcontrols on theprincipal sources of such discharges, based inter alia on considerationof all technical reduction options . For substances subsequently
included in the priority list, in the absence of agreement atCommunity level, Member States shall take such action
fiveyears after the date of inclusion in the list.6. The Commission shall submit proposals within two years
of the inclusion of the substance concerned on the priority list.For substances included in the first priority list, in the absenceof agreement at Community level fouryears after the date of
entry into force of this Directive, Member States shall establishmeasures for the continuous reduction of the emissions,discharges and losses concerned thereby aiming at theircessation by 31 December 2020 . For substances subse-
quently included in the priority list, in the absence of agree-ment at Community level, Member States shall take such actiontwoyears after the date of inclusion in the list.
(Amendment 63)
Article 20(1)
1. The Commission shall be assisted by a regulatory com-
mitteecomposedof the representatives of the Member States and
chairedby the representative of the Commission.1. The Commission shall be assisted by a regulatory com-
mitteeas referred to in Article 5 of Decision 1999/468/
EC. Articles 7 and 8 of that Decision shall apply.
The period laid down in Article 5(6) of the Decision shall
be three months.
The Committee shall adopt its own rules of procedure.
(Amendment 64)
Article 21(−1) (new)
−1. Before the legislative measures referred to in
paragraphs 1 and 2 are repealed steps must be taken toensure that the new provisions guarantee at least thesame level of protection.29.11.2000 EN C 339/151 Official Journal of the European Communities
Wednesday 16 February 2000
COMMON POSITION
OF THE COUNCILAMENDMENTS
BY PARLIAMENT
(Amendment 65)
Annex II, 1(6)
1.6. Designation of Artificial and Heavily Modified bodies Deleted
Member States may designate a body of surface water as artificial or
heavily modified where making changes to artificial or modified char-acteristics of that body would affect:
(i) the wider environment,(ii) navigation or recreation,
(iii) activities for the purposes of which water is stored(for example,
power generation, drinking-water supply),
(iv) water regulation, floodprotection, irrigation or landd rainage,(v) human development.
(Amendment 67)
Annex II, 2(3), indents
5dash the location of points in the groundwater body used for
the abstraction of water intended for human consumptionproviding morethan an average of 10m
3per day or ser-
vingmorethan 50 persons,5dash the location of points in the groundwater body used for
the abstraction of water , with the exception of points
for the abstraction of water intended for human con-
sumption providing lessthan an average of 10m3per
day or serving fewerthan 50 persons,
5dash the annual average rates of abstraction from such points, 5dash the annual average rates of abstraction from such points,5dash the chemical composition of water abstracted from the
groundwater body,5dash the chemical composition of water abstracted from the
groundwater body,
5dash the location of points in the groundwater body into which
water is directly discharged,5dash the location of points in the groundwater body into which
water is directly discharged,
5dash the rates of discharge at such points, 5dash the rates of discharge at such points,5dash the chemical composition of discharges to the ground-
water body, and5dash the chemical composition of discharges to the ground-
water body, and
5dash land use in the catchment or catchments from which the
groundwater body receives its recharge, including anthro-pogenic alterations to the recharge characteristics such asrainwater and run-off diversion through land sealing, arti-ficial recharge, damming or drainage.5dash land use in the catchment or catchments from which the
groundwater body receives its recharge, including pollu-
tant inputs and anthropogenic alterations to the recharge
characteristics such as rainwater and run-off diversionthrough land sealing, artificial recharge, damming or drai-nage.
(Amendment 91)
Annex II, 2(4)(iia) (new)
(iia) extraction of raw materials,C 339/152 EN 29.11.2000 Official Journal of the European Communities
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COMMON POSITION
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BY PARLIAMENT
(Amendment 69)
Annex II, 2(4a) (new)
2.4a. Review of the Impact of Past Pollution on Ground-
water Quality
Member states shall also identify those bodies of ground-
water for which lower objectives are to be specified
under Article 4(4) because as a result of past human activ-
ity the body of groundwater is so polluted that achievingan insignificantly anthropogenically polluted status isinfeasible or disproportionately expensive.
(Amendment 92)
Annex V, 2.3.2, table
Elements Good status
General The chemical composition of the groundwater
body is such that the concentrations of pollu-tants:
5dash as specified below, do not exhibit the effects
of saline or other intrusions,
5dash do not exceed the quality standards applic-
able under other relevant Community legis-lation,
5dash are not such as would result in failure to
achieve the environmental objectives speci-fied under Article 4 for associated surface
waters nor any significant diminution of the
ecological or chemical quality of such bodiesnor in any significant damage to terrestrialecosystems which depend directly on the
groundwater body.
Conductivity Changes in conductivity are not indicative of sal-
ine or other intrusion into the groundwater body.Elements Good status
General The chemical composition of the groundwater
body is such that the concentrations of pollu-tants:
5dash as specified below, do not exhibit the effects
of saline or other intrusions,
5dash do not exceed the quality standards applic-
ableto anthropogenic pollution under
other relevant Community legislation ,
includingDirectives 91/676/EEC, 97/57/
EC and 98/83/EC,
5dash are not such as would result in failure to
achieve the environmental objectives speci-
fied under Article 4 for associated surfacewaters nor any significant diminution of theecological or chemical quality of such bodies
nor in any significant damage to terrestrial
ecosystems which depend directly on thegroundwater body.
Conductivity Changes in conductivity are not indicative of sal-
ine or other intrusion into the groundwater body.
(Amendment 94)
Annex V, 2.4.5, 1st subparagraph
In assessing status, the results of individual monitoring points
within a groundwater body shall be aggregated for the body as a
whole. Without prejudice to the Directives concerned, for goodstatus to be achieved for a groundwater body, for those chemi-cal parameters for which environmental quality standards havebeen set in Community legislation:In assessing status, the results of individual monitoring points
within a groundwater body shall be viewed as being for the
body as a whole. Without prejudice to the Directives con-cerned, for good status to be achieved for a groundwaterbody, for those chemical parameters for which environmentalquality standards have been set in Community legislation:
5dash the mean value of the results of monitoring at each point
in the groundwater body or group of bodies shall be calcu-
lated, and5dash the mean value of the results of monitoring at each repre-
sentative monitoring point in the groundwater body
shall be calculated, and29.11.2000 EN C 339/153 Official Journal of the European Communities
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COMMON POSITION
OF THE COUNCILAMENDMENTS
BY PARLIAMENT
5dash the mean value of these calculations for all monitoring points in
the groundwater body or group of bodies shall demonstrate com-pliance with those standards in the manner prescribed in the rele-
vant Directive .5dashthese calculations shall be the basis for establishing
that, for the bodies of water concerned, the environ-mental quality standards are considered to be com-
plied with when 70% of these mean values are in
accordance with the values laid down in the Direc-tives (91/676/EEC, 97/57/EC and 98/83/EC) .
(Amendment 75)
Annex VII, 7a (new)
7a. a summary of the measures taken under Article 11(5)
for bodies of water which are unlikely to achieve theobjectives set out under Article 4
(Amendment 76)
Annex VIII, 9a (new)
9a. Man-made radioactive substances.
(Amendment 77)
Annex VIII, 10
10. Materials in suspension. 10. Materials in suspension in so far as they have harmful
effects on water.
7. Modernisingsocial protection
A5-0033/2000
European Parliament resolution on the communication from the Commission on a concerted strat-
egy for modernising social protection ((COM(1999) 347 Wdash C5-0253/1999 Wdash 1999/2182(COS))
The European Parliament,
5dash having regard to the Commission’s communication on a concerted strategy for modernising social
protection (COM(1999) 347 5dash C5-0253/1999),
5dash having regard to the Commission’s report on social protection in Europe 1997 (COM(1998) 243 5dash
C4-0375/1998),
5dash having regard to its resolution of 19 February 1997 on the Commission communication 5dash The future
of social protection: a framework for a European debate and the report from the Commission onsocial protection in Europe 1995(
1),
5dash having regard to its resolution of 6 November 1997 on the Commission communication on moder-
nising and improving social protection in the European Union(2),
5dash having regard to its resolution of 18 November 1998 on the Commission communication on a social
action programme 1998-2000(3),
(1) OJ C 85, 17.3.1997, p. 63.
(2) OJ C 358, 24.11.1997, p. 51.
(3) OJ C 379, 7.12.1998, p. 87.C 339/154 EN 29.11.2000 Official Journal of the European Communities
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COMMON POSITION
OF THE COUNCILAMENDMENTS
BY PARLIAMENT