COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 21.02.1996 
COM(96) 59 final 
COMMUNICATION FROM THE COMMISSION 
TO THE COUNCIL AND THE EUROPEAN PARLIAMENT 
European Community Water Policy 

Commission Communication to the Council and to Parliament 
European Community Water Policy 
Contents 
page 
1. Introduction 1 
2. Water and water policy 1 
3. The objectives of a sustainable water policy 2 
4. The challenges 2 
4.1 Pollution 2 
4.1.1 Point source pollution 3 
4.1.2 Diffuse source pollution 3 
4.1.3 Accidental pollution 3 
4.1.4 Acidification 4 
4.1.5 Eutrophication 4 
4.2 Water Shortages 4 
4.3 Other adverse anthropogenic influences 5 
5. The principles of European Community water policy 5 
5.1 High level of protection 5 
5.2 Precautionary principle 5 
5.3 Preventive action 5 
5.4 Damage to be rectified at source 6 
5.5 Polluter pays 6 
5.6 Integration 6 
5.7 The use of available scientific and technical data 6 
5.8 The variability of environmental conditions in the regions of the 
Community 7 
5.9 Costs/benefits 7 
5.10 The economic and social development of the Community and the 
balanced development of its regions 8 
5.11 International cooperation 8 
5.12 Subsidiarity 8 
6. Existing EC legislation 9 
7. Specific issues in water management 9 
/^ 
7.1 The Emission Limit Values approach and the Environmental Quality 
Objectives approach 9 
7.2 Designation of "Zones" 11 
7.3 Water quantity 12 
7.4 Monitoring requirements 12 
7.5 Reporting obligations 13 
7.6 Transparency, public participation and accountability 13 
7.7 Integrated water resource management 14 
7.8 River Basin Management 14 
8. Discussion 15 
9. Outline of a Water Resources Framework Directive 17 
10. The procedural implications 19 
Existing EC Legislation and Related Community Policy 20 
1. European Community water legislation 20 
1.1 The Surface Water Directive 20 
1.2 The Bathing Water Directive 20 
1.3 The Dangerous Substances Directive 21 
1.4 The Information Exchange Decision 22 
1.5 The Fish Water Directive 23 
1.6 The Shellfish Water Directive 23 
1.7 The Groundwater Directive 24 
1.8 The Drinking Water Directive 24 
1.9 The Urban Waste Water Treatment Directive 25 
1.10 The Nitrates Directive 25 
1.11 The proposed Ecological Quality of Water Directive 26 
2. Closely related European Community legislation 27 
2.1 The Sewage Sludge Directive 27 
2.2 The Reporting Directive 27 
2.3 The proposed Integrated Pollution Prevention and Control Directive .... 28 
2.4 The Plant Protection Products Directive and the proposed Biocides 
Directive 28 
2.5 The Detergents Directives 29 
2.6 The Major Accidents (Seveso) Directive 29 
2.7 The Habitats and Birds Directives 30 
2.8 The Environmental Impact Assessment Directive 30 
3. Other European Community policy with an impact on water management 
issues 31 
Ak 
1. Introduction 
In June 1995 the Council and the Environment Committee of the European Parliament 
called for a fundamental review of Community water policy. 
This Communication concentrates on the Commissions approach to water protection, but 
should not be seen in isolation. In particular, it should be seen as a development of the 
water protection elements of the Commission's 5th Environment Action Programme1. 
This concentration on environmental aspects of water policy is reflected in the main 
conclusion of the Communication; the need for a Water Resources Framework Directive. 
However, there are many other issues which could be dealt with under the title of "Water 
Policy" and which are not dealt with in any depth in this strategy paper. These include 
broader questions relating to the interface between water management and land-use 
planning, questions relating to the use of Community financing for water protection and 
water infrastructure, as well as the whole area of research in all these fields. These issues 
are important ones and any comments on them will be welcome, but they do not form the 
principal subject matter of this Communication. 
2. Water and water policy 
Water is traditionally divided into a large number of categories. Distinctions are made 
between fresh water, marine water and brackish water, between groundwater and surface 
water, between rivers, lakes, estuaries, coastal waters and open sea etc. Distinctions are 
also made between waters identified for specific economic uses or having particular 
conservation value. Yet water does not recognise such distinctions; it flows freely between 
the various categories, and any attempt to manage water resources must recognise and 
come to terms with that fact. 
Although it is useful to divide waters up for administrative purposes, it is important to 
bear in mind that water, whatever its form, performs a number of different functions, often 
simultaneously. Water is a basic human need for drinking, preparing food and washing. 
It is also an economic resource contributing to broader human needs in terms of fisheries, 
agriculture (including irrigation), industry (including use in processing and industrial 
cooling) , transport and recreation. It is a vital element of every ecosystem and every 
landscape as well as forming distinctive environments in its own right. It can also 
represent a threat in the form of floods or, in the case of its absence, of droughts. 
COM (92) 23 final, 27.3.1992 
1 C 
3. The objectives of a sustainable water policy 
A sustainable water policy must achieve a number of objectives and must do so in a cost-
effective and efficient manner: 
1. It must provide a secure supply of drinking water. The drinking water must be 
safe and it must be provided in sufficient quantity and with sufficient reliability. 
2. In addition to drinking water needs, water resources should be of sufficient quality 
and quantity to meet other economic requirements. They should be suitable for the 
abstraction needs of industry and agriculture and they should be able to sustain 
fisheries, transport and power generation activities as well as meeting recreational 
needs. In some cases these users are provided through the drinking water network 
and the water supplied must therefore meet drinking water standards. 
3. The quality and quantity of water resources, together with the physical structure of 
the aquatic environment, should, in all but exceptional cases, be sufficient to 
protect and sustain the good ecological state and functioning of the aquatic 
environment as well as meet the water needs of wetland and terrestrial ecosystems 
and habitats. Provision should also be made to protect waters of exceptional 
quality or interest. 
4. Water should be managed so as to prevent or reduce the adverse impact of floods 
and minimise the impact of droughts. 
It is self-evident that these four objectives of water policy will not always be mutually 
compatible and that a sustainable water policy is therefore one which achieves a sensible 
balance between them. The third objective, that of environmental protection, is 
particularly vulnerable and in need of special attention. 
4. The challenges 
Meeting the above objectives involves overcoming a number of challenges: 
4.1 Pollution 
Pollution is defined (in the Integrated Pollution Prevention and Control Directive2, 
common position) as "the direct or indirect introduction as a result of human activity, of 
substances, vibrations, heat or noise into the air, water or land which may be harmful to 
human health or the quality of the environment, result in damage to material property, or 
impair or interfere with amenities and other legitimate uses of the environment." Pollution 
Not yet published in OJ. 
is normally characterised as "point source" or "diffuse source"; these two categories and 
three specific variations are discussed below. 
Dangerous substances and preparations are subject to classification based on an evaluation 
of risk to, inter alia, the aquatic environment. Progressive reduction in the emission of 
such substances will contribute to the protection of the environment and of the aquatic 
environment in particular. In some cases the best way to reduce the emission of certain 
particularly hazardous substances may be to reduce or prohibit their use. 
4.1.1 Point source pollution 
Point source pollution usually refers to inputs of pollutants into the aquatic 
environment from individual, usually identifiable, discharge points. It can include 
discharges of industrial, domestic or municipal waste water, urban run-off, and, 
depending on the definitions used, leakage from storage tanks, industrial 
installations, farmyards and landfill sites. The problems caused will depend on the 
nature of the pollutant: they can make water unsuitable or less suitable for use as a 
source of drinking water; they can make it unsuitable for certain production 
processes or present a potential health hazard to the user of the water or to the 
consumer of products exposed to the water, or they can impact upon the ecosystem 
through their toxic effect on plants and/or animals or by disrupting the 
environmental balance. Such pollution can accumulate in the water body over 
many years or it can fluctuate depending on the nature of the pollution and the 
regenerative power of the water body concerned. 
4.1.2 Diffuse source pollution 
Broadly speaking, diffuse pollution refers to inputs of pollutants into the aquatic 
environment from a number of widely scattered points which are often difficult to 
identify or control. This includes agricultural pollution and pollution which is 
precipitated from the atmosphere (though the original source might be a diffuse one 
such as traffic exhausts or it might be point sources such as power station 
emissions). Diffuse sources also include pollution caused by the consumption of 
products by industry or by the general public. The distinction between point 
sources and diffuse sources can sometimes be a subtle one and different authorities 
may disagree occasionally on the classification of a particular source of pollution. 
The problems associated with diffuse pollution are much the same as for point 
source pollution, the crucial difference lying in the choice of tools for tackling the 
pollution source. 
4.1.3 Accidental pollution 
Accidental pollution is usually a release of pollutants from a point source at 
unintentionally high levels due to an accident or unforeseen circumstances. The 
impact on the environment and on the potential uses of the polluted water body is 
much the same as for point source pollution generally, but with the potential for 
more dramatic effects and, possibly, catastrophic results. 
4.1.4 Acidification 
Acidification is a particular form of diffuse pollution resulting from the emission of 
pollutants such as S02, NOx and ammonia into the air. The resulting 
precipitation, which can fall thousands of kilometres from the source of pollution, 
is acidic and the impact on water bodies is to produce rivers and, particularly, lakes 
with a significantly reduced pH. This seriously disrupts the natural ecosystem and, 
in extreme cases, can lead to the death of the lake concerned. Acidification can 
also affect groundwater via the soil. There is a limit to the degree to which water 
management policy can tackle the sources of acidification and the solution to the 
problem must be addressed through measures to tackle air pollution. The 
Commission Acidification Strategy will address many of these issues. 
4.1.5 Eutrophication 
Eutrophication is caused by pollution of water bodies with nutrients. The high 
level of nutrients can lead to an excessive growth of algae at the expense of the 
natural plant and animal community. The oxygen demand created by the algal 
biomass or resulting from its decomposition can disrupt the natural balance of the 
ecosystem. Extreme cases lead to high levels of mortality of aquatic organisms. 
It is possible that eutrophication may also contribute to blooms of toxic algae. The 
source of nutrients may be a variety of point and diffuse sources, including 
farming, urban waste water and atmospheric deposition 
4.2 Water Shortages 
Water levels in rivers, lakes and groundwater aquifers fluctuate naturally. Some rivers and 
lakes, particularly in the southern part of the Community, dry out naturally during certain 
periods of the year. However, high levels of abstraction of water for drinking water, 
tourism, agricultural irrigation or industrial uses can dramatically reduce flows or prolong 
the periods of drying out. Some of these uses have strong seasonal fluctuations (eg 
summer tourism). In the case of groundwater, such activities can lower water tables to the 
point where there are acute shortages of water for all uses and where aquatic habitats are 
damaged or destroyed. Such lowerings of the water table can also lead to damage to the 
aquifer and to the encroachment of salt water into coastal aquifers and their resulting loss 
as sources of drinking/irrigation water. These effects can occur as a result of sustained 
high levels of abstraction or from changes in the demand for water due to new or 
increased economic activity. Artificial reductions in river flow rates can also have a 
significant impact on their value as habitats, either changing the nature of the plant and 
animal communities to ones that can survive on a lower flow or, in extreme cases, drying 
up river beds and completely destroying the aquatic environment. Low water levels, either 
in groundwater or in surface water also impact on non-aquatic environments and can have 
effects ranging from the drying out of wetlands to soil erosion and desertification. 
It should not be forgotten that climate change has the potential to cause large changes in 
the pattern of precipitation and that this can exacerbate the problems discussed in the 
preceding paragraph. 
4.3 Other adverse anthropogenic influences 
The physical characteristics of rivers, lakes and coastlines have often been altered by man 
for a variety of reasons; flood protection, the creation of waterways for transport, the 
building of docks, bridges and roads, dredging, land reclamation etc. In addition, of 
course, there are surface water bodies which are totally artificial; reservoirs (for water 
storage and for hydro-electric power), canals, drainage ditches etc. Furthermore, certain 
economic activities which take place in the aquatic environment can also have an impact 
on that environment, for example fisheries, aquaculture, shipping and offshore activities. 
Sometimes these activities have been undertaken to help achieve one or more of the 
objectives of water policy mentioned in section 3 (eg the building of reservoirs to provide 
a secure drinking water supply), but they are not without environmental impacts of their 
own, particularly on the habitat potential of the waters concerned. 
5. The principles of European Community water policy 
Community policy, and environmental policy in particular, aims to achieve sustainability. 
The principles underlying that policy are set out in Article 130r of the Treaty and, for the 
sake of clarity, they are set out below, together with a non-authoritative discussion of each 
principle and how it applies to water policy. 
5.1 High level of protection 
In the context of water management, this requires that the level of protection of human 
health, of water resources and of natural ecosystems should be ambitious, aiming at a high 
level of protection rather than set at the minimum acceptable level. 
5.2 Precautionary principle 
So much of the science underlying our understanding of water systems and, in particular, 
of the impacts of pollution on human health and the health of the environment is 
incomplete. The precautionary principle therefore requires that policy should always be 
based on recognised scientific knowledge, but that it should err on the side of caution 
whenever there are doubts or insufficient information 
5.3 Preventive action 
This principle recognises the moral duty to prevent damage to the environment. It also 
recognises the difficulty and cost of reversing or rectifying damage to the environment. 
For example, once a sensitive aquatic ecosystem is destroyed, in certain cases, it may be 
impossible to restore it. Once an aquifer is contaminated with pesticide residues, in certain 
cases, it will take decades to cleanse itself and, in the meantime, it may be unsuitable for 
use as a source of drinking water unless expensive treatment facilities are installed. 
5.4 Damage to be rectified at source 
This principle follows logically from that of "preventive action", but applies once 
environmental damage has been identified. Wherever possible, action should be taken to 
discontinue the damaging activity rather than seeking technical solutions to solve the 
problem "downstream". 
5.5 Polluter pays 
This principle establishes that the cost of measures to prevent pollution should be borne by 
the potential polluter. As such, it helps prevent distortions in competition by ensuring the 
internalisation of environmental costs. It also establishes that, where damage occurs, the 
polluter is liable for the costs of any damage and it therefore acts as an incentive towards 
the effective control of pollution at the source. As such, the "polluter pays" principle is 
clearly linked to the principles of "preventive action" and "rectification of damage at 
source". 
5.6 Integration 
Water policy is an area which illustrates the need to have a coherent and effective 
coordination of all relevant Community policies. However, integration is not just a 
Community responsibility. Perhaps the most important aspect of integration is that the 
implementation of water policy at a local or national level should be done in a coherent 
and fully integrated way with structures established to ensure that this takes place. In 
particular, it is vital that activities such as land use planning and river management should 
integrate all the various requirements of different policies and policy objectives and 
reconcile them in a logical and consistent way, taking into account local circumstances. 
Considering that agricultural pollution and water abstraction for irrigation are currently 
major issues to be addressed in order to achieve the objectives of water policy, the 
integration of water policy concerns into the agricultural policy area is particularly 
essential. 
5.7 The use of available scientific and technical data 
The importance of this has already been mentioned in the context of the precautionary 
principle. All efforts should be made to make the best use of the available knowledge 
base on the state of the environment and the impact of human activity when developing 
political decisions in this area. Similarly, one should make use of the most accurate 
information on best available techniques and on the various processes involved in the 
prevention and treatment of environmental problems. 
5.8 The variability of environmental conditions in the regions of the Community 
Where it is necessary for the protection of human health or where particularly dangerous 
or persistent pollutants are concerned, it is clear that common Community standards must 
apply. However, Community water policy must be sufficiently flexible to avoid the 
imposition of inappropriate or unnecessarily strict requirements simply for the sake of 
"harmonisation". Such flexibility would also ensure that, where a problem (such as 
eutrophication, acidification or susceptibility to drought) is regionally specific, measures 
appropriate to that particular area can be taken. The range of environmental conditions in 
the Community is very wide and Community policy must take this into account. 
5.9 Costs/benefits 
In determining the specific objectives of environment policy, the Treaty requires that both 
the costs and the benefits of action or inaction are taken into consideration. This implies 
proportionality between the measures proposed and their impact on the environment. 
The cost effectiveness of individual policy options in order to achieve those objectives is 
also important. Requirements for investment by individuals, private companies and/or 
public authorities in order to comply with environmental policies must be targeted to the 
objectives of water policy and with a view to the cost-effectiveness of the measures. Long 
term benefits and long term environmental consequences of non-action must be fully taken 
into account, as must the precautionary principle. This has been the case in recent 
legislation such as the Urban Waste Water Treatment Directive3 and the Nitrates 
Directive4. It is further acknowledged in the use of framework directives which allow 
local solutions to local problems and often allow a higher ratio of benefits to costs. 
A cost-effective strategy implies the need to assess from an economic perspective the 
advantages and disadvantages (in terms of emission reduction, or quality improvement, per 
unit of cost) of the three basic sets of policy instruments: 
regulations and standards (the traditional EC approach) 
new technology (related to the above) 
internalization of external pollution costs through pricing and market-based 
incentives. 
These sets of policy instruments are not mutually exclusive and can be used as 
complementary or alternative measures depending on their relative cost-effectiveness to 
address water pollution as well as water scarcity issues 
3OJNoL 135, 21.5.1991, p. 40. 
4OJNoL375, 31.12.1991, p. 1. 
7 
5.10 The economic and social development of the Community and the balanced 
development of its regions 
This principle is tied in closely with the principle of integration. It confirms that water 
policy is not to be seen in isolation, but as a contributory clement in the wider search for a 
balanced and sustainable economy. 
It should be emphasised that economic and social issues relating to regional development 
are of crucial relevance for water policies, since water is a crucial factor in creating 
favourable conditions for a sustainable development. However, a sustainable increase in 
the quality of fresh water reserves and a long term capacity to meet the demand for water 
require a global, forward-looking management of river basins, surface waters and 
groundwater. 
This Communication does not, and can not, deal fully with the whole range of issues 
which could be considered in the relationships between water policy and the wider need 
for economic and social development. These issues fall outside the immediate scope of 
this paper, but are important nonetheless and the Commission will welcome any comments 
on them. 
5.11 International cooperation 
The need for international cooperation in environmental policy is recognised by the Treaty, 
both in terms of Community action and in terms of cooperation with third countries. 
This is particularly true of water management policy where the coordination of actions 
within international river basins and for the protection of marine waters is vital for the 
efficient management of those resources. 
5.12 Subsidiarity 
The principle of subsidiarity is established in Article 3b of the Treaty. It requires that 
measures which can be undertaken most effectively at Member State level should not be 
undertaken at Community level. This refers not only to the question of whether particular 
issues should be dealt with by the Community, but also, when Community action is 
necessary, how much of the details of implementation should be left to Member States. 
In the field of water policy, the reasons for Community action can include the possibility 
of market distortions due to widely varying standards in the implementation of policy. 
They can also include the necessity for environmental data to be comparable across the 
Community and the consequent need for transparency. Most importantly, they can be for 
operational reasons to ensure the coordination of measures to deal with international waters 
and transfrontier pollution. 
6. Existing EC legislation 
The principles set out in the Treaty underlie all EC water legislation. The Annex to this 
Communication sets out a short outline of the objectives and key features of each piece of 
existing and proposed Community legislation with a major impact upon water policy and 
provides some commentary on them. The comments in the Annex should therefore be 
read together with the main text of this Communication. The references in the Annex to 
the "Framework Directive" refer to the proposal outlined in Section 9. 
The legal framework for water management policy in the Member States of the 
Community consists of a combination of measures derived from Community legislation 
and national measures. The Community measures have been adopted over a period of 
time since the early 1970s, originally under Articles 100 and 235 of the Treaty, but, more 
recently, under Article 130s. All existing EC water legislation pre-dates the Treaty on 
European Union and was adopted by unanimity under Articles 100 and 235 or under the 
previous version of Article 130s. 
It is worth noting that, since the Treaty on European Union, Article 130s contains three 
different procedures depending on the nature of the subject matter of the proposed action. 
Article 130sl covers most water legislation and requires cooperation with Parliament and a 
qualified majority in Council. Article 130s2 covers inter alia the "management of water 
resources" and requires consultation of Parliament and unanimity in Council. Article 
130s3 covers general action programmes and requires codecision with Parliament and a 
qualified majority in Council. 
7. Specific issues in water management 
This section of the Communication will look at some of the wider issues which emerge 
from the comments in the Annex and the application of the principles set out in Section 
five. 
7.1 The Emission Limit Values approach and the Environmental Quality Objectives 
approach 
Point source pollution control is one of the most developed elements of water management 
simply because point source pollution is one of the easiest problems to recognise and the 
easiest to take action against. The details vary from country to country, but the basic 
principle has been to require industries or activities which are known to contribute to water 
pollution to be licensed in some manner and to make pollution control a condition of that 
licence. This is normally expressed in terms of "emission controls" setting limits on how 
much pollutant may be discharged into the water body. 
Questions begin to arise when trying to establish what is the required level of emission 
control. Historically, this has led to lengthy debates in which the two extreme viewpoints 
might be described as the "environmental quality objectives approach" and the "emission 
limit values approach". The first approach is to estimate the pollution concentration which 
is tolerable or acceptable in the particular body of water and set emission limits designed 
to ensure that the threshold is not breached. The second approach is to estimate the 
maximum level of reductions which could reasonably be expected given current 
technology and a certain level of costs and to set the emission limit values accordingly. 
The emission limit value approach is often linked to the use of "Best Available 
Techniques" (BAT), though the degree of flexibility in interpretation of what is "best" and 
what is "available" can be considerable. 
In practice, neither of the two extremes offers an ideal solution. Environmental quality 
objectives alone are often insufficient to tackle serious pollution problems and can be 
abused as a "licence to pollute" up to a defined level. Likewise, a strict emission limit 
values approach based on BAT can in some circumstances lead to unnecessary investment 
without significant benefits to the environment. 
More recent Community legislation takes the emission limit value approach as its point of 
departure. This is consistent with the precautionary principle and establishes that industry 
should be responsible for reducing emissions as far as reasonably possible. However, 
there will be occasions when such measures are inadequate to protect the environment and 
in those circumstances reductions of emissions beyond BAT, as described above, will be 
necessary. On the other hand, there will also be occasions when the environmental 
benefits of applying the generally applied BAT norms can not justify the cost. 
The Community approach can be illustrated using the Urban Waste Water Treatment 
Directive and the proposed Integrated Pollution Prevention and Control Directive. The 
first of these establishes a high level of treatment for urban waste water based on technical 
considerations, but when the plant is discharging into a "sensitive" area it requires even 
stricter measures and when it is discharging into a "less sensitive" area it allows a simpler 
and cheaper solution. The common position on the Integrated Pollution Prevention and 
Control Directive requires the competent authorities to establish emission limit values for 
the industries concerned "based on the best available techniques." However, when this is 
not sufficient to meet environmental quality standards "additional measures shall be 
required". Conversely, when local circumstances allow less stringent measures whilst 
maintaining a high level of protection for the environment, the emission limit values can 
take into account the "geographical location and the local environmental conditions." 
The different elements of this approach have not always been combined in a single 
directive. For example, the Bathing Water Directive and the proposal for an Ecological 
Quality of Water Directive do not set emission limit values, but are principally concerned 
with identifying the occasions when additional measures are necessary in order to meet 
established quality criteria. 
In practical terms, the existence of environmental quality objectives allows authorities to 
judge the effectiveness or otherwise of the emission limit values adopted and whether they 
10 
need to be tightened. Conversely, controls on emissions (usually based on BAT) are the 
key element of any strategy to ensure compliance with environmental quality objectives. 
The two approaches are therefore complementary and not contradictory. 
Pollution control in Community water policy therefore has elements of the environmental 
quality objectives approach and of emission limit values derived from an assessment of 
what is technologically possible. 
It should be underlined that quality objectives can be expressed in different ways. One 
approach, which has been generally followed in EC legislation in the past (eg the 
Fishwater Directive), is to set common parametric values at a Community level which are 
implemented by all the Member States. The second approach is to set common criteria to 
be used for the establishment of parameters and values at a national and local level. These 
common criteria would prescribe a high level of protection as laid down in the Treaty, but 
would allow flexibility to adapt to the very different environmental conditions in different 
parts of the Community. This was the approach adopted in the proposed Ecological 
Quality of Water Directive and is the Commission's preferred approach for the Water 
Resources Framework Directive described in section 9 of this Communication. The 
Member States would have a clear obligation to comply with the criteria defined at 
Community level and this approach does not, therefore, represent a lowering of standards 
in any way. 
Of course, the above arguments also apply, mutatis mutandis, for other water policy 
issues such as water abstraction or activities having a physical impact upon the 
environment. 
7.2 Designation of "Zones" 
The principle mentioned in section 5.7, that Community policy should take into account 
the environmental conditions in the various regions of the Community, argues against 
uniform controls applicable in all circumstances and in all places. In the case of water, 
and particularly in the case of water resource management, it may make sense to designate 
water resources which are worthy of particular protection in terms of quality or quantity. 
This may be because they are sources of drinking water or irrigation water, or it may be 
that they are particularly sensitive to certain types of damage. It is also recognised that 
certain habitats are particularly valued for their rarity, their beauty or for some other 
characteristic worthy of protection. In these areas controls may be stricter. 
There is perhaps less agreement about areas which are "less sensitive" for one reason or 
another, but such measures have been adopted in Community legislation (see the example 
of the Urban Waste Water Treatment Directive in section 7.1) and can be of value in 
giving lower priority to certain areas and, hence, by implication, giving higher priority to 
areas where more urgent action is needed. However, this approach is open to the 
possibility of abuse and must be used with care. The concept that different areas can have 
differing levels of protection can be formalised in a system of zoning. 
11 
7.3 Water quantity 
Integrated water management would be incomplete without taking water quantity issues 
into account. Water quality is intimately linked to water quantity. Whether water is 
abstracted for drinking water purposes or for other reasons, the quality and quantity of the 
available water are of equal importance. Equally, water abstraction has an impact on the 
water quality in the remaining water body by reducing the dilution capacity of the water 
body. Indeed, when water supply is low it is more important than ever to ensure a high 
level of protection of the water available. 
Obviously, artificially low water levels also have a more immediate impact on the natural 
environment. Quite apart from their obvious economic disadvantages, low levels of 
surface water and groundwater can seriously reduce the quality of the environment. 
A further argument in favour of Community action in this area is the transboundary nature 
of many of the problems associated with water quantity issues. There is not very much 
difference from a philosophical point of view between activity in one Member State that 
pollutes waters downstream in another Member State and activity that leads to very low 
flows in such waters. 
7.4 Monitoring requirements 
Water management is not possible without reliable data upon which to base decisions. 
Most EC water legislation includes obligations to monitor the quality of the relevant 
waters and/or to monitor the relevant activities. Member States incorporate such 
requirements into their national or regional monitoring networks. 
As each monitoring requirement in EC legislation relates to the specific subject matter of 
the Directive concerned, it is perhaps inevitable that the different monitoring requirements 
might give the impression of being at odds with each other. However, this is largely a 
question of perception and there is relatively little by way of duplication or contradictory 
requirements. This is an area which might be examined in order to streamline the 
requirements, but it is not an area which actually seems to cause too many problems for 
Member States on a day to day basis. However, if the concept of a wider water 
framework directive mentioned in Section 9 is accepted, there are arguments in favour of 
drawing the various monitoring requirements together into it as well. 
A further argument in favour of such an approach is the need for comparability of data 
across Europe. The European Environment Agency is examining ways in which this can 
be improved and the Commission will work closely with the Agency when considering the 
monitoring implications of the Framework Directive. 
12 
There is also scope for including more information on water quantity in the monitoring 
data, and in particular on the amount of water abstracted and used for various purposes. 
Data on water quantity and water quality should be provided on a river basin basis (see 
also section 7.8). 
7.5 Reporting obligations 
Member States are obliged to report to the Commission on the implementation of EC 
legislation and on the results of some of the monitoring undertaken under it. This is an 
instrument for ensuring compliance, but it also provides an overview of the state of the 
aquatic environment in the Community. This information is required so that it can inform 
policy making and assist in a useful exchange of information and experience between the 
authorities in different Member States. 
Much, though not all, of the reporting of EC water legislation comes under the Reporting 
Directive5 and there is therefore already a mechanism in place to streamline reporting 
where necessary. 
7.6 Transparency, public participation and accountability 
There is no justification for keeping information about the state of the environment secret 
or, equally, for making access to such information difficult or prohibitively expensive. 
The general public should have a right to know the results of monitoring of the 
environment and to have it presented to them in an understandable manner. They should 
have a right to be informed, in good time, about the policies adopted to protect the 
environment and to have an informed input into the decision-making process. This right 
of access applies equally to the industries concerned by regulation and to interested parties 
representing environmental or consumer interests. 
It is necessary to ensure that, within a broad common framework of legislation, Member 
States have a considerable amount of flexibility. Public participation and accountability 
help ensure that such flexibility does not need to lower standards. Furthermore, a 
programme of measures implemented with the support of the interested parties to tackle 
problems which they understand and appreciate has a greater chance of success than one 
which is imposed without explanation or justification. 
OJNoL 377, 31.12.1991, p. 48. 
13 
7.7 Integrated water resource management 
The Commission's proposal for an Ecological Quality of Water Directive6 contains a 
requirement for Member States to draw up integrated programmes containing all those 
measures required to implement the Directive together with those measures required under 
other EC and national water legislation. The idea is to achieve an overview of the 
measures needed to achieve all the various policy objectives in relation to a particular 
body of water. This approach allows a degree of rationalisation and coordination of the 
different measures being taken, sometimes by different authorities, to improve the same 
body of water. 
The integrated approach also helps make clear that measures taken to improve surface 
waters for environmental reasons contribute to ensuring that the rivers and lakes are better 
able to purify themselves and therefore ensure the protection of water as an economic 
resource. 
The concept of integrated programmes found in the Ecological Quality of Water proposal 
can be extended to a broader concept of integrated management which would include a 
greater degree of integration of the various monitoring and objective setting elements of 
water policy. 
7.8 River Basin Management 
Rivers and lakes do not respect political or administrative frontiers (though they often 
form them). The only logical unit for the administration or coordination of river 
management is the river basin, that is to say the area of land from which all surface run­
off flows through a sequence of streams, rivers and lakes into the sea at a single river 
mouth or delta. River basins are referred to by a wide variety of names (eg catchment 
area, drainage basin, hydrographie basin etc.), but the underlying principle is much the 
same. Many Member States already organise their water management to a lesser or 
greater extent in administrative units corresponding to one or more river basins. Most of 
the larger transfrontier European rivers are subject to international conventions which 
allow for a greater or lesser degree of coordination of water policy between the authorities 
in the different countries involved. 
River basin management can be administered by single authorities responsible for one or 
more river basins, or it can be organised by coordinating authorities which oversee and 
coordinate the activities of the various administrative bodies within the river basin. 
Groundwater aquifers do not always form such easily identifiable units and there is no 
obvious "natural" administrative unit for the management of their water resources. 
Moreover, their catchment areas do not always coincide with river basins. However, for 
OJNoC222, 10.8.1994, p. 6. 
14 
most practical purposes, and given the importance of integrating the management of 
groundwater and surface waters, it would seem logical to incorporate them both, together 
with coastal water near river mouths, under the direct or coordinating control of a river 
basin authority. 
This would appear to be a desirable objective which would allow the most efficient use of 
resources and the most effective planning of water management measures. 
8. Discussion 
This Communication has looked at the objectives of water policy and the challenges that 
policy makers face. It has examined the principles of environmental legislation as laid 
down in the Treaty and it has looked in a little more detail at some of the issues which 
arise in trying to implement those principles in the water sector. The Annex to the 
Communication contains a summary of the main pieces of relevant existing or proposed 
legislation, together with a commentary on each one containing some suggestions for its 
future. 
What conclusions can be drawn from the above? 
Firstly, it is clear that Community water legislation has had, and continues to have, a 
positive effect on the nature of measures being taken to protect the environment and upon 
the level of protection which has resulted. The Dobris Assessment7 carried out by the 
European Environment Agency found that there still remained much to be done to protect 
the aquatic environment in Europe, but it also pointed to recent improvements in many 
areas where EC legislation has had an impact. In other areas, such as excessive water 
abstraction or the pollution of surface water and groundwater by nutrients and pesticide 
residues, the trends continue to be worrying, and the relevant EC legislation is too recent 
to have led to improvements. However, it is important to note when considering what 
improvements can be made to the policy and, where there have been failures, that EC 
legislation has, on the whole, had a positive impact on water quality in the Community. 
Nevertheless, there is, of course, room for improvement. 
Water policy in the Community is an area of mixed competence. The four objectives of 
water policy listed in Section 3 must therefore be achieved through a combination of 
measures taken at a Member State level and at a Community level. Community legislation 
can only contribute to meeting those objectives and does so when transposed into national 
legislation and supplemented by other national measures. This partly explains why 
Community legislation may, on occasion, give the impression of being piecemeal and 
patchy; the Community only takes action where it is better placed to do so than the 
Member States and therefore Community legislation does not have universal coverage of 
7 Europe's Environment; The Dobris Assessment, ISBN 92-826-5409-5 
15 
all the objectives or all the problems. 
Whilst some pieces of water legislation are best left as freestanding legislation, the 
Commission has come to the conclusion that much of the quality objective related 
legislation could be drawn together into a Framework Directive on water resources. This 
would help give greater coherence to the legislation and make clear how the "patchwork" 
fits together. This idea is looked at in more detail in Section 9. 
A second conclusion is that more effective Community controls are needed in some areas. 
In particular, this relates to the third of the four objectives, the protection of the natural 
ecological state and functioning of the aquatic environment, and to the management of 
water quantity issues. The current proposal for an Ecological Quality of Water Directive 
would meet the first concern , but should be incorporated into the Framework Directive. 
Quantity issues for both groundwater and surface water, including the quantitative 
relationships between the two, also need to be addressed and should be incorporated into 
the Framework Directive. 
Thirdly, the analysis of existing Community legislation has revealed that some of it is 
outdated and that its objectives might be equally or better met in some other way, such as 
through a Framework Directive. 
There is therefore scope for the repeal of certain existing Directives, but the Commission 
will not propose such steps unless it is clear that the level of environmental protection is 
not diminished. 
Perhaps the clearest issue which emerges is that there is a need for greater integration in 
the practical implementation of water legislation. Integration is required between; 
water quantity issues and water quality issues, 
surface water management and groundwater management, 
water use and environmental protection, 
control of pollution through emission controls and through quality 
objectives, and, not least, 
water policy and other policies. 
The Commission believes that this can be improved through the adoption of a Framework 
Directive on Water Resources which would require integrated water management plans 
(see section 7.7). The plans would contain an assessment of the overall situation in the 
water body including its environmental quality, its resource potential and the 
environmental pressures impacting upon it. It would also establish the specific objectives 
of water policy in relation to that body of water and a programme of measures designed to 
achieve those objectives within a specified timetable. 
Integrated water management plans would be even more effective if established on a river 
basin basis, especially for dealing with transfrontier river basins. 
16 
The analysis of existing legislation suggests that there is scope for drawing together some 
of the measures required under the various pieces of water quality legislation, particularly 
in respect of monitoring obligations. It might also be sensible to bring together the 
various definitions found in the legislation. This could be done in the Framework 
Directive. 
EC water policy needs transparency and public accountability, and this should be built into 
the Framework Directive. 
9. Outline of a Water Resources Framework Directive 
Drawing upon the above conclusions, the Commission is considering making a proposal 
for a Water Resources Framework Directive and would welcome the views of Council, 
Parliament and all interested Parties.. 
The following Directives would remain largely unaffected by this proposal, although the 
Commission will consider the scope for transferring some of their definitions, monitoring 
requirements and other relevant elements into the Framework Directive :-
The Bathing Water Directive 
The Dangerous Substances Directive8 (and any successor Directive) 
The Drinking Water Directive9 
The Information Exchange Decision10 
The Urban Waste Water Treatment Directive 
The Nitrates Directive 
The Reporting Directive 
The proposed Integrated Pollution Prevention and Control Directive 
The following Directives would be repealed and replaced by the Framework Directive:-
The Surface Water Directive" (and the related 79/869/EEC Directive12) 
The Fish Water Directive13 
8OJNoL 129, 18.5.1976, p. 23. 
9OJNoL299, 30.8.1980, p. 11. 
10 OJ No L 334, 24.12.1977, p. 29. 
11 OJNoL 194, 25.7.1975, p. 26. 
12 OJ No L 271, 29.10.1979, p. 44. 
,3OJNoL222, 14.8. 1978, p. 1. 
17 
The Shellfish Water Directive14 
The Groundwater Directive15 
The proposed Ecological Quality of Water Directive 
The Framework Directive would be based on the objectives and principles established in 
this Communication and will respect proportionality between costs and benefits and a high 
level of Community water protection. It would establish common definitions for use in all 
EC water policy. It would require: 
the integration of water resource management with the protection of the 
natural ecological state and functioning of the aquatic environment 
the integration of water quality and water quantity management (including 
provisions for the establishment, where necessary, of a water 
abstraction licensing scheme) 
the integration of surface water management (including coastal waters) with 
groundwater management 
the integration of measures, such as emission controls, with environmental 
objectives 
The Framework Directive would require integrated water management planning on a river 
basin basis. This would involve:-
monitoring of water quantity and quality 
an assessment of the water needs of society and of the impact of human 
activities on the water bodies concerned 
the setting of objectives (including any objectives arising out of other pieces 
of EC legislation not incorporated into the Framework and any 
objectives arising out of national or local policies) 
the establishment and implementation of a programme of measures designed 
to achieve the objectives (including any measures required under 
other pieces of EC legislation not incorporated into the Framework, 
as well as national and local measures) 
transparency and public consultation in the decision making process 
monitoring and reporting on the implementation of the Directive 
Within the river basin, and particularly within larger basins, the nature of the objectives 
and measures may vary spatially. 
The Framework Directive would set guidelines for the above to ensure comparability of 
effort and results, but much of the detail of the implementation would be left to Member 
14 OJ No L 281, 10.11.1979, p. 47. 
15OJNoL20, 26.1.1980, p. 43. 
IS 
States. 
The Framework Directive would also establish a Committee responsible for the 
management and updating of the Directive. The Committee would be charged with 
ensuring the coordination of the implementation of this Directive and other EC water 
legislation. 
10. The procedural implications 
There are currently four Commission proposals pending before Council and Parliament 
(the Integrated Pollution Prevention and Control and Ecological Quality of Water 
proposals and the proposed amendments of the Drinking Water16 and Bathing Water17 
Directives). In addition, the Commission is committed to presenting a Groundwater Action 
Programme. 
The Commission believes that the Integrated Pollution Prevention and Control proposal 
and the two proposed amendments are largely unaffected by the proposals in this 
Communication and that Council and Parliament can continue their scrutiny of the texts. 
Likewise, work will continue on the Groundwater Action Programme. 
The Ecological Quality of Water proposal would be absorbed into the new Framework 
Directive. All the main elements of the current proposal would be transposed into the new 
framework and there would be no substantial alterations to the approach to ecological 
quality currently being discussed. 
The Commission invites comments on these ideas from the Council and from Parliament. 
Comments from other interested parties would also be welcome and should be sent to Mr 
D G Lawrence, Head of Unit Dl, Directorate General XI, Boulevard de Triomphe 174, fi­
ll 60 Brussels, Belgium. 
16OJNoC 131,30.5.1995, p. 5. 
17OJNoC 112, 22.4.1994, p. 3. 
19 
Annex 
Existing EC Legislation and Related Community Policy 
1. European Community water legislation 
The following is a list of EC legislation dealing directly and exclusively with water 
management issues. The legislation is listed in chronological order. 
1.1 The Surface Water Directive (75/440/EEC)n 
Objective - to help ensure clean drinking water by protecting those rivers, lakes and 
reservoirs used as drinking water sources. 
Key Features - The Directive requires Member States to identify, classify and monitor 
such waters and to establish action plans in order to ensure compliance with a series of 
water quality parameters. A related Directive (79/869/EEC19) establishes the methods of 
sampling and analysis to be used. 
Comments - This is an old Directive, adopted before the Drinking Water Directive. The 
parameters and classifications are now out of date and it makes little or no contribution to 
the safety of drinking water now that the Drinking Water Directive exists. Its value in 
protecting future sources of drinking water is unproven and it could more usefully be 
replaced by a general obligation in the Framework Directive to protect the quality of 
surface water and groundwater. 
1.2 The Bathing Water Directive (76/160/EEC)20 
Objective - to safeguard the health of bathers and maintain the quality of bathing waters. 
Key Features - The Directive requires Member States to identify marine and fresh water 
bathing waters, monitor them and take "all appropriate measures" to ensure compliance 
with a series of water quality parameters. The Commission reports on the implementation 
of the Directive and on the quality of Community bathing waters every year, the most 
18 OJ No L 194, 25.7.1975, p. 26. 
19 OJ No L 271, 29.10.1979, p. 44. 
20OJNoL 31, 5.2.1976, p. 1. 
20 
recent report being that for the 1994 season21. Despite a popular misconception, the 
Directive does not result in the award of "Blue Flags" for beaches which meet the 
parameters; this scheme is organised by the Foundation for Environmental Education in 
Europe. In 1994 the Commission published a proposal to update the Directive22; this 
proposal is currently being considered by the Council and by Parliament. 
Comments - The Directive is a very popular one with European citizens and nobody 
questions its value in protecting the health of swimmers and bathers. At the time of its 
adoption there was little other legislation regarding the protection of waters from urban 
waste water and the Directive therefore had a secondary purpose of requiring Member 
States to take action to deal with the worst cases of pollution by urban waste water. The 
Urban Waste Water Treatment Directive now sets certain standards for such effluent, but 
these are directed at different environmental issues and do not coincide with the 
environmental quality standards set in the Bathing Water Directive. The Directive, 
together with the amendments proposed in 1994, will remain a freestanding piece of 
legislation, but the actions taken by Member States to improve bathing waters will be 
coordinated with the integrated programme of measures under the Framework Directive. 
1.3 The Dangerous Substances Directive (76/464/EEC)23 
Objective - to control the pollution of surface water with dangerous substances. 
Key Features - The Directive applies to all surface waters and requires Member States to 
control emissions of a number of substances (listed in an annex to the Directive), primarily 
by means of permits issued to industrial installations and by improved urban waste water 
treatment The conditions for permits for the more dangerous substances (those in List I) 
are established at Community level by a series of "daughter Directives" (82/176/EEC24, 
83/513/EEC25, 84/156/EEC26, 84/491/EEC27 and 86/280/EEC28). The Directive contains 
two alternative methods for setting these condition; Member States have the choice 
between applying emission "limit values" based the best available techniques or they can 
21 Quality of bathing water, ISBN 92-827-4046-3. 
22OJNoC 112, 22.4.1994, p. 3. 
23OJNoL 129, 18.5.1976, p. 23. 
24OJNoL 81, 27.3.1982, p. 29. 
25 OJ No L 291, 24.10.1983, p. 1. 
26 OJ No L 74, 17.3.1984, p. 49. 
27 OJ No L 274, 17.10.1984, p. 11. 
28OJNoL 181, 4.7.1986, p. 16. 
21 
base their permits on the limits required to meet specified "quality objectives" in the 
receiving body of water. List II substances are dealt with by Member States which have 
to produce reduction programmes. The Commission reported on the implementation of 
this Directive in 199329. 
Comments - The Directive has assisted in the improvement of surface water quality in the 
Community, but is now rather old. The procedure for producing daughter Directives for 
the List I substances has proved burdensome and slow, whilst the performance of most 
Member States in producing reduction programmes for List II substances has been 
negligible. The Directive has also been criticised for not considering the ever growing list 
of substances of potential concern and for not addressing cumulative toxic effects. Many 
of these criticisms are answered by the proposed Integrated Pollution Prevention and 
Control Directive (IPC), though controls of some sort will still be required for those 
industries not covered by the IPC. This Directive will be reviewed in the light of the 
Integrated Pollution Prevention and Control Directive, when it is adopted, and in 
connection with the drawing up of the new Framework Directive. 
1.4 The Information Exchange Decision (77/795/EEC) 30 
Objective - to help provide an overview of the quality and quantity of river water in the 
Community in order to inform policy formulation. 
Key Features - The Decision establishes a network of 124 monitoring points (EC 12) with a 
monitoring regime covering 19 different parameters. The information is exchanged 
between Member States and the Commission publishes a synthesis report31. 
Comments - This Decision was a laudable attempt to obtain an overview of the status of 
the aquatic environment in the Community, but, arguably, its role has now been taken over 
by the European Environment Agency and by the various monitoring requirements in 
subsequent Directives. There may be some value in continuing the time series of data 
which has been built up since the Decision came into effect, but the Commission considers 
that, if so, it would be more appropriate incorporate the various monitoring requirements 
into the Framework Directive. 
29 Administrative structures and implementation of the community directives on the 
dangerous substances discharged into the aquatic environment. Not yet published. 
30 OJ No L 334, 24.12.1977, p. 29. 
31 Quality of surface freshwater, ISBN 92-826-9396-1. 
22: 
1.5 The Fish Water Directive (78/659/EEC) 32 
Objective - to protect fresh water bodies that arc capable, or should be capable, of 
supporting fish life, particularly those species which are fished commercially or for 
recreational purposes. 
Key Features - The Directive requires Member States to designate Fish Waters, to establish 
water quality standards for them, to monitor the waters and to establish "pollution 
reduction programmes" in order to ensure compliance with the quality standards. The 
Commission reported on the implementation of this Directive in 199533. 
Comments - The Directive gives Member States discretion in the designation of Fish 
Waters and therefore is implemented very differently across the Community. As such, it is 
arguable that there is no need for any requirements to be established at a Community 
level. However, the Directive has been of value in some Member States in forcing 
through improvements to relevant waters and the Commission feels that these merits 
should not be overlooked. The existing Commission proposal for an Ecological Quality of 
Waters Directive proposes to set general obligations for the protection of surface waters as 
habitats including, obviously, their capacity to support fish populations and it was intended 
that the good qualities of the Fish Water Directive should be incorporated into those 
requirements. The Framework Directive would incorporate the main elements of the 
Ecological Quality of Water proposal and the Fish Water Directive could therefore be 
repealed without lowering environmental standards. 
1.6 The Shellfish Water Directive (79/923/EEC) 34 
Objective - to protect coastal and brackish waters in order to support shellfish populations 
and to prevent contamination of the harvested product. 
Key Features - The Directive is similar in form to the Fish Water Directive, but also has 
some specific controls on certain discharges into shellfish waters. The Commission 
reported on the implementation of this Directive at the same time and in the same report 
as the Fish Water Directive. 
Comments - Many, if not all, of the comments on the Fish Water Directive also apply to 
the Shellfish Water Directive. In addition, there is now in place a Directive 
(91/492/EEC)laying down the health conditions for the production and the placing on the 
32OJNoL222, 14.8. 1978, p. 1. 
33 Quality of fresh water for fish and of shellfish water, ISBN 92-826-9111-X. 
34OJNoL281, 10.11.1979, p. 47. 
23 
market of live bivalve molluscs35 . The Shellfish Water Directive can therefore be 
repealed without lowering environmental standards. 
1.7 The Groundwater Directive (80/68/EEC)26 
Objective - to control the pollution of groundwater with dangerous substances. 
Key Features - The Directive requires Member States to control the direct and indirect 
discharge of certain substances (listed in an annex to the Directive) into groundwater, 
primarily through an authorization system for direct discharges. They shall monitor 
compliance with the authorization conditions and monitor the impact upon groundwater. 
Comments - The Directive started life as a sister Directive to the Dangerous Substances 
Directive, designed to apply similar rules to groundwater protection. Since its adoption it 
has become clear that the long-term challenges facing groundwater are increasingly related 
to diffuse pollution and to unsustainable levels of water abstraction, neither of which is 
adequately covered by the Directive. The Commission is currently working on a 
Groundwater Action Programme which looks at the whole range of problems associated 
with groundwater and sets out actions required at local, national and Community level. At 
a Community level it will suggest that the Groundwater Directive needs a complete 
revision. However, in order to ensure a greater integration of groundwater and surface 
water protection, the revision of the Groundwater Directive would be incorporated in the 
new Framework Directive covering all Community waters and the original Directive 
should therefore be repealed. 
1.8 The Drinking Water Directive (80/77 8/EEC)31 
Objective - to safeguard human health by establishing strict standards for the quality of 
water intended for human consumption. 
Key Features - The Directive requires Member States to establish strict quality standards 
for more than 60 parameters, to monitor drinking water quality and to take the necessary 
steps to ensure compliance with the established values. In 1995 the Commission 
published a proposal to update the Directive38; this is currently being considered by 
Council and by Parliament. 
35 OJ No L 268, 24.9.1991, p. 1. 
36OJNoL20, 26.1.1980, p. 43. 
37OJNoL229, 30.8.1980, p. 11. 
38OJNoC 131,30.5.1995, p. 5. 
24 
Comments - The impact of this Directive has been significant and it is generally 
recognised that it has been the driving force behind the overall improvement in drinking 
water quality which has taken place in the Community over the past decade. The 
Directive has provided governments and water suppliers with a stable and predictable base 
for their investment programmes, and consumers can now expect to receive water 
complying with explicit Community-wide quality standards. The Directive is rather 
different to other pieces of water legislation in than it sets product standards. The 
Directive should not be incorporated into the Framework Directive, but should stand alone, 
and work should continue on the adoption of the Commission's proposal to revise the 
Directive. 
1.9 The Urban Waste Water Treatment Directive (91/27I/EEC) 39 
Objective - to reduce the pollution of surface waters with nutrients (particularly nitrates 
and phosphates) from urban waste water; one of the major sources of nutrient pollution 
and, hence, of eutrophication. It also has the objective of reducing nitrate concentrations 
in water abstracted for the provision of drinking water. 
Key Features - The Directive establishes conditions for the collection, treatment and 
discharge of urban waste water and waste water from certain industrial sectors. It 
establishes a timetable for the provision of waste water collecting systems and treatment 
plants as well as establishing the level of treatment required of the plants. The timetable 
and requirements vary depending on the size of the agglomeration and the sensitivity of 
the receiving waters, which must be established by monitoring. 
Comments - This Directive is in the process of being implemented and it is too early to 
tell whether the standards required will be adequate to tackle the problem. The Directive 
is a good example of combining the use of the environmental quality objectives approach 
and the emission limit values approach. This ensures a high level of environmental 
protection whilst making most efficient use of limited financial resources. The 
Commission may propose changes to ensure coherence with the monitoring and 
programme requirements of the Framework Directive. 
40 1.10 The Nitrates Directive (9I/676/EEC) 
Objective - to complement the Urban Waste Water Treatment Directive by dealing with 
nitrate pollution from agricultural sources; another major source of pollution with nitrates. 
39OJNoL 135, 21.5.1991, p. 40. 
40 OJ No L 375, 31.12.1991, p. 1. 
25 
Key Features - The Directive has a general requirement on Member States to produce and 
promote Codes of Good Agricultural Practice in order to reduce the level of nitrate loss to 
surface water and groundwater from agriculture. It contains monitoring requirements and, 
in areas identified as being vulnerable to nitrate pollution, it imposes Action Programmes 
with legally enforceable constraints on agricultural practices together with limits on the 
spreading of organic manure. 
Comments - Like the Urban Waste Water Treatment Directive, this Directive is in the 
process of being implemented. It is worth pointing out, however, that Member States are 
generally failing to meet their obligations on time. Again, like the Urban Waste Water 
treatment Directive, the Nitrates Directive combines the two approaches to water 
management, requiring stricter measures where they are necessary. The Commission may 
propose changes to ensure coherence with the monitoring and programme requirements of 
the Framework Directive. 
41 1.11 The proposed Ecological Quality of Water Directive (COM (93) 680 final) 
Objective - to maintain and improve the habitat potential of surface waters and, by doing 
so, to improve the quality of such waters generally and increase their potential value as 
sources of water for drinking and other purposes and to increase their amenity value. 
Key Features - The proposed Directive would require Member States to monitor the 
ecological status of their surface waters, identify sources of pollution or adverse 
anthropogenic influence, establish "operational targets" for the achievement of "good 
ecological quality" and implement "integrated programmes" in order to reach those targets. 
The proposed Directive also includes requirements for public consultation on the contents 
of the integrated programmes. The proposal is currently being considered by the Council 
and by Parliament. 
Comments - The Commission considers that the general structure of the Ecological Quality 
of Water proposal would also be appropriate for the Framework Directive on Water 
Resources. This would mean making changes to the proposal which would go 
considerably beyond the scope of amendments. The Commission therefore intends to 
make a proposal for a new Framework Directive and will withdraw the current proposal at 
the same time. The new proposal would extend the Ecological Quality of Water 
framework to cover different uses of water, to cover groundwater as well as surface water 
and to include quantity issues as well as quality. 
41 OJNoC222, 10.8.1994, p. 6. 
26 
2. Closely related European Community legislation 
The following is a list of those pieces of legislation which have a less direct influence on 
water management issues or which only deal with such issues inter alia. 
2.1 The Sewage Sludge Directive (86/278) •42 
Objective - to regulate the use of sewage sludge in agriculture to prevent harmful effects 
on soil, vegetation, animals and man. 
Key features - the directive establishes limit values for the concentrations of heavy metals 
in sludge to be spread on arable land and the maximum annual quantities of those metals 
which may be introduced into the soil, taking into account limit values for the 
concentrations of heavy metals in the soil. It also specifies conditions for the spreading of 
sludges such as treatment, periods of application and precautions to be taken. 
Comment - the principal aim of the directive is soil protection, but it also indirectly 
prevents groundwater pollution. The Commission considers that the use of sewage sludge 
in agriculture will probably increase in the next few years for reasons such at the 
implementation of directive 91/271/EEC on Urban Waste Water, the adoption of directive 
on landfilling (scheduled for September 1996) and the Waste Strategy (landfills less and 
less accepted, incineration of sludges with energy recovery not possible). The Commission 
is thus considering a revision of that directive. 
43 2.2 The Reporting Directive (91/692/EEC) 
Objective - to simplify and coordinate the obligations under many environmental 
Directives for Member States to make regular reports on implementation to the 
Commission. 
Key Features - The Directive establishes a three year reporting cycle for a number of 
Directives covering, in each cycle, water-related, air-related and waste-related legislation. 
The water report covers the Surface Water Directive, the Dangerous Substances Directive 
(and daughters), the Fish Water Directive, the Shellfish Water Directive, the Groundwater 
Directive and the Drinking Water Directive. 
Comments - The Reporting Directive recognises the need to coordinate some of the 
measures in the various pieces environmental legislation by drawing together most of the 
42 OJNoL 181, 8.7.1986, p. 6. 
43 OJ No L 377, 31.12.1991, p. 48. 
27 
reporting obligations into a single piece of legislation. 
In the Water sector, many of the Directives which report via the Reporting Directive will 
be repealed or incorporated into the Framework Directive. However, the reporting 
obligations in the Framework Directive will be incorporated into the three year cycle of 
the Reporting Directive. The Commission does not therefore intend to suggest any 
significant changes to the Reporting Directive. 
2.3 The proposed Integrated Pollution Prevention and Control Directive (COM (93) 423 
final)44 
Objective - to prevent or minimise pollution of water, air and soil from large polluting 
industry. 
Key Features - The proposed Directive would require the relevant competent authorities in 
the Member States to issue integrated permits to industrial activities, covering emissions to 
water, air and soil, which would include constraints on emissions of pollutants based on 
"Best Available Techniques", taking into account local environmental and technical 
considerations. All existing Community emission limits and quality objectives must be 
met as a minimum requirement. The proposal is currently being considered by the 
Council and by Parliament. Council adopted a common position on the text on 27 
November 199545. 
Comments - This proposed Directive seeks to integrate the pollution controls on the most 
polluting industries to ensure a coherent approach in dealing with emissions to air, soil and 
water. This is a logical and sensible proposal, but one which necessarily takes the 
legislation out of the realms of water protection alone. There is therefore no benefit in 
attempting to integrate the proposal into any water framework other than by ensuring 
consistency between the proposals and including any cross-references that might prove 
necessary or useful. 
2.4 The Plant Protection Products Directive and the proposed Biocides Directive 
(91/414/EEC,46 COM (93) 35147 and COM (95) 387 - COD 4654H) 
Objective - to regulate the placing on the market of plant protection products in order to 
44 OJNo C 311, 17.11.1993, p. 6 and C 165, 1.7.1995, p. 9. 
45 Not yet published in OJ. 
46OJNoL230, 19.8.1991, p. 1. 
47 OJ No C 239, 5.9.1993, p.l. 
48OJNoC261, 6.10.1995, p. 5. 
28 
ensure, inter alia, that their use does not lead to pollution of groundwater or surface water. 
The proposed Biocides Directive is designed to do the same for biocides. 
Key Features - The Plant Protection Products Directive requires the authorization of all 
plant production products to ensure, inter alia, that they meet certain basic criteria laid 
down in the Directive and its associated "Uniform Principles" Directive49. It also includes 
requirements for the labelling and packaging of such products. Similar requirement are 
proposed in the Biocides Directive. 
Comments - These Directives deal with substances of great and direct concern to water 
quality management. They also address other issues and therefore can not be considered 
as candidates for inclusion in any water framework legislation, but it must be ensured that 
they are consistent. 
2.5 The Detergents Directives (73/404/EEC50 and 73/405/EEC51) 
Objective - to reduce river pollution by foaming persistent detergents. 
Key Features - The Directives set performance standards for detergents on sale in the 
Community, requiring at least 90% biodegradability. The Commission is currently 
reviewing the Directives in order to update and improve the assessment methods. 
Comments - These are two rather old pieces of legislation addressing a specific issue 
which is clearly best dealt with by product performance standards. 
2.6 The Major Accidents (Seveso) Directive (82/501/EEC) 52 
Objective - to minimise the incidence and impact of major accidents on man and the 
environment. 
Key Features - The Directive imposes requirements on installations and establishments 
where a major accident could cause significant damage to man or the environment. The 
requirements cover the identification of hazards, control of the associated risks and the 
provision of measures which would mitigate the effects of a major accident. 
49OJNoL227, 1.9.1994, p. 3. 
50OJNoL347, 17.12.1973, p. 51. 
51 OJNoL347, 17.12.1973, p. 53. 
52OJNoL230, 5.8.1982, p. 1. 
29 
Comments - This is a generic 'major accident hazard' Directive which stipulates controls 
relevant to the protection of man and the environment in a generic manner. The measures 
apply to 'major accident' water pollution in the same way as to any other type of major 
accident. There is no need to consider any integration into the water framework as such, 
other than the general need to ensure consistency between these policy areas. 
2.7 The Habitats and Birds Directives (92/43/EEC53 and 79/409/EEC54) 
Objective - to ensure the maintenance of biodiversity within the Community. 
Key Features - The Directives require the selection and appropriate management of 
protected areas. This includes the avoidance of pollution and, where relevant, the 
maintenance of water levels and water quality. 
Comments - The integrated water management plans required under the Framework 
Directive would have to recognise areas designated under these Directives and similar 
national legislation. 
2.8 The Environmental Impact Assessment Directive (85/37/EEC55) 
Objective - to ensure that the impact of new development projects on the environment is 
assessed before planning consent is given. 
Key Features - The Directive requires that certain projects considered to be likely to have, 
a significant effect on the environment should be assessed for their impact upon a wide 
range of environmental factors (including, inter alia, human beings, flora, fauna and 
water). The relevant authorities must take all such information, together with the views of 
the public and interested bodies, before granting development consent. 
Comments - The Commission has proposed a revision of the Directive ( COM (93) 575 
final56) designed to extend the scope of the annexes. Council reached a common position 
on this proposal on 18 December57. The Commission is also considering making a 
proposal to extend the principles of the Environmental Impact Assessment Directive to 
cover the impact of certain environmentally significant plans and programmes. 
53 OJ No L 206, 22.7.1992, p. 7. 
54OJNoL 103, 25.4.1979, p. 1. 
55OJNoL 175, 5.7.1985, p. 40. 
56OJNoC 130, 12.5.1994, p. 8. 
57 Not yet published. 
30 
2.9 Legislation covering the classification, labelling and risk assessment of chemicals 
Objective - to evaluate the risk and to regulate the placing on the market of industrial 
substances which might cause pollution. 
Key Features - The legislation includes several Directives and Regulations establishing the 
framework requirements for the classification and labelling of dangerous substances 
(67/548/EEC58, 793/93/EC59, 78/631/EEC60 and 88/379/EEC61). It also includes two 
measures on the evaluation of risks for new and existing chemicals (Directive 93/67/EEC62 
and Regulation 1488/9463). The information and test results of the evaluation obtained 
through this legislation often triggers action in a range of other legislation dealing with 
pollution, including pollution of water and aquatic ecosystems. 
Comments - This body of legislation is unaffected by the issues discussed in this 
Communication. 
3. Other European Community policy with an impact on water management issues 
Clearly, in addition to the above legislation, there is a wide range of policies at the 
European, national and regional level which can have a substantial impact on water 
management practices. Within environmental policy, legislation on air quality and waste 
will have an impact, as will "horizontal" measures dealing with integrated initiatives or 
new kinds of measures etc . Other policy areas such as industrial policy, regional policy, 
transport, energy and land-use planning are also important. Two key policy areas in this 
regard are the Common Agricultural Policy and the Common Fisheries Policy. According 
to the Treaty (Article 13Or), environmental policy shall be integrated fully into all other 
EC policy areas; this principle is better established in some areas than in others and 
requires continuing efforts. 
It is a key element of integrated water management that the impact and demand for water 
of all such activities should be considered. The Framework Directive will include such an 
assessment as a basic obligation under the Directive. 
58OJNoL 196, 16.8.1967, p. 1. 
59OJNoL84, 5.4.1993, p. 1. 
60 OJ No L 206, 29.7.1978, p. 13. 
61 OJNoL 187, 16.7.1988, p. 14. 
62OJNoL227, 8.9.1993, p. 9. 
63OJNoL 161, 29.6.1994, p. 3. 
31 
Furthermore, in the context of its research policy the Commission has set up a Task Force 
on water and water-related environmental issues. 
32 

ISSN 0254-1475 
COM(96) 59 final 
DOCUMENTS 
EN 14 
Catalogue number : CB-CO-96-082-EN-C 
ISBN 92-78-00888-5 
Office for Official Publications of the European Communities 
L-2985 Luxembourg