OPINION OF THE COMMISSION pursuant to Article 251 (2) (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the Proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE establishing a framework for Community action in the field of water policy (COM (97)49 final, COM(97)614 final, COM(98)76 final and COM(99)271 final) AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 250 (2) of the EC Treaty

EXPLANATORY MEMORANDUM

Article 251, paragraph 2 (c) of the EC Treaty foresees that the Commission gives an opinion on the amendments proposed by the European Parliament in its second reading.

The Commission gives its opinion below on the 61 amendments adopted by Parliament. In accordance with Article 250, paragraph 2 of the EC Treaty, a modified proposal is attached. The amended proposal incorporates fully, in part or in principle 47 of the 61 amendments adopted by Parliament.

1. BACKGROUND

Proposal transmitted to Parliament and Council: 15.04.1997

Proposal amended twice, on 26.11.1997 (COM(1997)614) and on 17.02.1998 (COM(1998)76)

Opinion of the Economic and Social Committee: 01.10.1997

Opinion of the Committee of the Regions: 12.03.1998 Parliament opinion on first reading: 11.02.1999

Commission amended proposal (COM(1999)271): 17.06.1999

Council common position adopted: 22.10.1999

Commission opinion on the common position (SEC(1999)1706): 25.10.1999

In its opinion on the common position, the Commission acknowledged that it further develops the original proposal in particular in terms of technical specification. The Commission also welcomed the inclusion of a good number of Parliament's amendments. The Commission nevertheless expressed its disagreement with the common position, in particular the provisions on timetable for implementation, charging and the way reference was made to commitments under international agreements with particular reference to the OSPAR, Barcelona and HELCOM

Conventions. The Commission expressed its concerns for these shortcomings but supported the common position.

2. PURPOSE OF THE COMMISSION PROPOSAL

The new water policy re-organises Community water legislation to prevent further deterioration and to protect and enhance water quality and quantity of aquatic ecosystems and groundwater. The proposal establishes a Community Framework with a common approach, objectives, basic measures and common definitions. This water policy focuses on water as it flows naturally through river basins towards the sea, taking into account natural interaction of surface water and groundwater in quantity and quality covering the whole of a river basin district including estuaries, other transitional waters and coastal waters. A combined approach to pollution control is required with control at source combined with the setting of environmental quality standards. Six Annual Management Plans covering each River Basin District, including any transboundary waters, are required with co-ordinated programmes of measures to ensure good status of waters by 2010. Programmes of measures must take into account all sources of impact on the aquatic ecosystems including impact from agriculture, energy production, transport, and spatial planning. Systematic monitoring of achievements is required. Moreover, the proposal introduces a requirement for water pricing policies that act as an incentive for the rational use of water as a step towards the full recovery of costs for water services, including financial, environmental and resource costs. The proposed Directive furthermore implements international obligations under the United Nations Economic Commission for Europe Convention on Transboundary Water Courses and International Lakes of 1992 and the UN Convention on the non-navigational use of waters of 1996.

3. COMMISSION'S OPINIONON PARLIAMENTS AMENDMENTS

The Commission accepts fully, in part or in principle 47 of the 61 amendments adopted by Parliament. These amendments are incorporated in the attached amended proposal.

3.1. Amendments accepted by the Commission

- Amendment 6 clarifying that good water status should be achieved throughout the Community and that deterioration in the status of waters is avoided is accepted in full.

- Amendment 16 clarifying that good surface water chemical status is the status required for achieving the environmental objectives for surface water is accepted in full.

- Amendment 17 clarifying the definition of good groundwater chemical status upon consideration is accepted in full.

- Amendment 20 defining direct discharge to groundwater is accepted with the addition of "to groundwater".

- Amendment 21 adding radioactive substances to substances for which environmental standards should be adopted is accepted in full with the addition of "man-made" for reasons of clarification. This makes the implicit coverage of radioactive substances explicit. Amendment 76 introducing radioactive substances into the list of Annex VIII is consequently also accepted in full. Wording from the Commission's amended proposal after Parliament's first reading is used in a new recital 40a.

- Amendment 31 introducing stringent and transparent criteria for designation of artificial and heavily modified bodies of water in a separate paragraph is accepted in full with the addition of "or" between the indents of paragraph a for clarification of the parallel nature of these criteria. In this way one clear paragraph governs such designation instead of the unclear presentation in both Articles and Annexes of the common position. For additional clarity "port facilities" have been added as part of navigation. Amendment 65 deleting a section of Annex II with criteria for designation is consequently also accepted in full.

- Amendment 33 and 84 introducing more stringent and clearer criteria for "temporary" deterioration substituting "unforeseen" with "unforeseeable" and specifying the application to "untypically extreme and prolonged" floods and droughts are accepted in full. These are useful clarifications.

- Amendment 34 introducing more stringent and clearer criteria for making new modifications or alterations to waters is accepted in full. Minor adjustments have been made to the header from the common position by deletion of wording, which duplicates part of the amendment.

- Amendment 35 specifying that Member States shall ensure that extension or derogation to the general objectives must not permanently exclude or compromise the achievement of the objectives of the proposal is accepted.

- Amendment 46 increasing transparency by obliging Member States to establish timetables for the full implementation of the charging obligations is accepted in full.

- Amendment 48 specifying that programmes of measures must be "designed to achieve" the objectives of the proposal is accepted in full. However, reference is made only to Article 4 where the objectives of the proposal are presented.

- Amendment 53 clarifying the obligation to take measures to achieve good ecological status in the programme of measures is accepted in full.

- Amendment 67 aligning the thresholds for the monitoring requirements of the Drinking Water Directive with the requirements of the proposal is accepted in full.

- Amendment 75 clarifying reporting obligations on water unlikely to achieve the required good status is accepted in full.

- Amendment 78 introducing stringent and transparent criteria for the extension of deadlines for achievement of good status and shortening this from 3 to 2 updates of river basin management plans is accepted in full. This makes application clearer and shortens the rather long implementation time appropriately. To clarify that the three criteria introduced are parallel in nature, "at least one of " has been added to the header.

- Amendment 85 increasing transparency by obliging reporting in river basin management plans on the implementation of a charging system that acts as an incentive for the rational use of water and in the contribution of each economic sector is accepted in full.

- Amendment 88 clarifies obligations by specifying that programmes of measures must include measures to progressively reduce emission to surface waters by continuously reducing discharges, emissions and losses of hazardous substances is accepted in full.

3.2. Amendments accepted in part by the Commission

- Amendment 8 introducing reference to "hydrogeological" alongside "ecological and hydrological" is accepted while the addition of "hydrogeological" to river basin is not necessary because it is already included in the notion of a river basin district as defined in Article 2 point 15. This part is therefore not accepted.

- Amendment 42 specifying monitoring requirements for surface waters in relation to volumen and rate of flow is accepted while specification that monitoring is based on the chemical and biological conditions of the surface water is already in the proposal. A requirement that standardised methods recognised by all Member States shall be used is unnecessary and the procedure for such recognition is unclear and therefore not accepted.

- Amendment 47 specifying the scope of the combined approach to include all point and diffuse sources is accepted in part. A "de minimis" clause has been added for reasons of proportionality. Reference to its application to priority substances has been transferred to the relevant place in Article 16.

- Amendment 54 specifies that for waters failing to achieve the environmental objectives, consideration must be made to hydro-morphological and physico-chemical conditions when investigating waters, more monitoring is necessary, environmental quality standards should be established for pollutants identified, immediate review of authorisations is needed, and that measures are needed to ensure that hydro-morphology is in accordance with that needed to ensure the required ecological water status. The essential parts of these elements are accepted in shorter or slightly adjusted wording.

- Amendment 93 requesting proposals for continuous reduction of discharges, emissions and losses one year after the adoption of the priority list is accepted. Reference to the aim of levels close to zero by December 2020 is accepted in redrafted wording, in line with inclusion of this aspirational target into the purpose and objectives of the proposal. The requests for a target list and a data-deficiency list of substances are not accepted. The role of these two lists is not explained in the amendment and it is not clear what action would be required for these substances and to what extent this action would differ from what is required for the list of priority substances. The list of priority substances is intended as a tool for a more focussed action in relation to a number of clearly identified substances of concern at Community level and this objective would thus be lost.

- Amendment 94 with more stringent criteria for presentation of compliance with the objective for groundwater chemical status is accepted in part. A criterion that 70 % of mean values from each representative monitoring point must comply with the relevant standards of relevant Community legislation is accepted. Reference to specific Directives is unnecessary and therefore not accepted.

3.3. Amendments accepted in principle by the Commission

- Amendment 2, adding reference to "arid and semi-arid areas" could be accepted as such. However, the wording of this recital was subject to an informal compromise between Council and Parliament in February 1999. The Commission can accept full inclusion of the additional wording provided both institutions agree to this. Wording from the Commission's amended proposal after Parliament's first reading is used.

- Amendment 3 specifying that good water status will ensure drinking water supply is accepted in a slight rewording where the proposal "contributes" to securing drinking water supply. Recital 33 has been amended to take account of this.

- Amendment 5 referring to the importance of water protection for coastal fisheries is accepted in a redrafting, which takes account of the geographical difference between the definition of coastal areas of the proposal and that of coastal fisheries. The wording from the Commission's amended proposal after Parliament's first reading is used in the creation of a new recital 15a.

- Amendment 7 referring to the ultimate aim of achieving complete elimination of all anthropogenic pollutants and background concentrations of naturally occurring substances is accepted in a redrafting, which ensures the aspirational, essentially political and non-legally binding nature of this aim for the marine environment in line with the original statement of Member States and the Commission made at Sintra in 1998 in the framework of a meeting of the Parties to the OSPAR Convention. The Commission has included the wording used in its amended proposal in the amended recital 20.

- Amendment 10 referring to measures for progressive elimination of discharges of hazardous substances is accepted in principle. The Commission considers that it is covered by the combination of the present recital 39 and the rewording of recital 20 mentioned under amendment 7.

- Amendment 12 referring to procedures for the exercise of implementing powers conferred on the Commission is accepted in principle. A regulatory committee will be introduced in line with the relevant interinstitutional agreement on implementing powers through committee procedure. Consequently, amendment 63 is also accepted in principle.

- Amendment 14 referring to the aim of reducing discharges, emissions and losses of hazardous substances is accepted on principle. Wording has been introduced in Article 1 to clarify that the proposal in one of its purposes aims towards achieving this aspirational, essentially political and non-legally binding commitment through specific measures based on prioritisation of those substances of greatest concern. Wording is also added to the effect that the proposal contributes towards the ultimate aim of concentrations in the marine environment near background values for naturally occurring substances and close to zero for man-made synthetic substances in line with the Sintra statement of 1998 mentioned above under amendment 7. Wording from the Commission's amended proposal after Parliament's first reading is used.

- Amendment 22 defining the combined approach is accepted in a redrafting ensuring a neutral wording leaving the specification of its scope to Article 10.

- Amendment 24 specifying that programmes of measures must be made operational is included with reference to Member States rather than competent authorities in line with Member States' prerogative for administrative arrangements. The requests for surface waters: for more stringent clarification of the proposal's environmental objectives; more stringent specification of prevention of deterioration from the date of adoption; and specification of the objectives for artificial and heavily modified water in a separate paragraph are included in slightly adjusted wording. Reference to the objective of progressively eliminating pollution of waters, moving towards the cessation of emissions by 31 December 2020 is made with wording which carefully reflects the aspirational and essentially political nature of this commitment as mentioned above under amendment 7. In accordance with this, reference to a target date is not considered appropriate.

- Amendment 25 specifying that prevention of deterioration of groundwater quality should address both chemical and quantitative aspects and clarifying that restoration applies to polluted groundwater is adjusted in line with the wording for surface waters. Reference to the aim of at least insignificantly anthropogenically polluted groundwater as part of the objective for groundwater is included only in relation to an ultimate target for reversal of significant and sustained upward trends in concentrations of pollutants. Wording essentially as in the Commission's amended proposal after Parliament's first reading is used. Taking half the values of the standards laid down by the Drinking Water Directive is accepted as an appropriate starting point for such trend reversal. A distinction between pollution from agricultural and other sources is not considered practical or appropriate.

- Amendment 26 requesting shortening of the timetable for implementation from 16 years to 10 years is considered too strict. However, agreeing that shortening is needed, the Commission suggests a global solution with a certain shortening of the deadline in combination with stricter conditions for achieving the environmental objectives. With the deletion of a third six-year extension period, in combination with a no-deterioration clause, more stringent criteria for extensions, for less stringent environmental objectives and for compliance as requested by Parliament the Commission accepts the 16 years of the common position as an overall date for achieving the environmental objectives. Appropriate wording has been inserted into Article 4 in relation to these elements. Other amendments adjusting timetables in other parts of the proposal in consequence of the request for a 10 year deadline are accepted in principle subject to the overall compromise of a deadline of 16 years, including amendment 55.

- Amendment 30 introducing more stringent criteria for the setting of less stringent environmental objectives is included with some elements redrafted for clarity and consistency with similar provisions on extension and designation of artificial and heavily modified bodies of water.

- Amendment 36 clarifying the characteristics of geographical, geological, hydrological and ecological elements of the required analyses of river basins are included while other more detailed requirements are considered inappropriate for inclusion in the Article. Wording has been inserted into Annex III in relation to a breakdown of costs for services covering more than one purpose.

- Amendment 43 introducing a water charging system that acts as an incentive for the rational use of water as an obligatory requirement is accepted in principle as part of a global solution on a provision on cost recovery for water services. The Commission's proposal aimed at a more ambitious provision but acknowledging that that level of ambition is not supported and taking into account the divergence between the common position and Parliament's amendments Article 9 has been redrafted based on the principles and parts of amendment 43. The wording of the definitions of water service and water use in Article 2(34) and (35) is also adjusted to the revised Article 9 on charging. Consequential changes are also made in the corresponding Article 5 and Annex III.

- Amendment 56 obliging Member States to ensure that river basin management plans are made and implemented is considered included through the inclusion of amendment 24.

- Amendment 57 shortening the timetable for implementation is considered included through the global solution mentioned under amendment 26.

- Amendment 58 referring to the adoption by the European Parliament and the Council is included, thus reflecting the choice of legal basis for the proposal. Reference to the continuous reduction of discharges, emissions and losses moving towards the target of cessation by 2020 has been adjusted in order to reflect the nature of this commitment as mentioned under amendment 7.

- Amendment 69 specifying that bodies of groundwater for which compliance cannot be achieved due to past pollution shall be identified is accepted in principle. Reference is not made to make a state of "insignificant anthropogenically polluted" an integral part of the definition of "good groundwater chemical status. However, in line with the Commission's amended proposal after Parliament's first reading this has been introduced as an ultimate target for the trend reversal.

- Amendment 86 specifying that measures may be adopted as legal and administrative provisions or as contracts is considered to be covered by the structure of the programmes of measures, where the nature of the measures in Annex VI part A and B clarifies this.

3.4. Amendments not accepted by the Commission

- Amendment 1 stating that water is a common heritage rather than a commercial product is not accepted. The proposal does not treat water as a commercial product but protects water as an environmental and social good.

- Amendment 9 stating that there is no natural right to discharge hazardous substances and radioactive substances into water is not accepted. The function of this amendment is unclear and the proposal does not make reference to any "rights" of polluting.

- Amendment 13 adding "efficient" to "sustainable" and substituting "river basin" for "hydrological area" is not accepted. The concept of efficiency is already included in "sustainable" and the purpose of the undefined term "hydrological area" is unclear.

- Amendment 19 introducing a definition of "hazardous substances" is not accepted. The proposal defines clear criteria for selection of "hazardous substances" and a definition is therefore unnecessary. Moreover, the proposed definition deviates in important detail from the generally recognised definitions of hazardous substances.

- Amendment 23 giving priority to "structures from international agreements" is not accepted. This would infringe on Member States' prerogative for choosing administrative arrangements and thus on the principle of subsidiarity.

- Amendment 39 requesting a cost-benefit study of investments, which have been required for the implementation of the Directive, five years after the date of implementation is not accepted. The request is already implicitly covered by requirements to establish six-annual management plans, including economic analyses. Moreover, the timing is unfortunate, as these management plans are being prepared 7-10 years after adoption.

- Amendment 40 adding "hydrogeological district" to "river basin district" is not accepted. The purpose of this is unclear as groundwater is already included in the definition of river basin district.

- Amendment 41 requiring quality standards set for surface waters to ensure that "the least intensive purification treatment" is used in the production of drinking water in order to comply with Community legislation for drinking water is not accepted. The objective of "good surface water status" should ensure that pre-treatment is generally reduced to a minimum. However, the suggested standards would for some substances such as nitrate be allowed in ecologically unsound concentrations. Moreover, the requirement would also be problematic for water, which still suffers from the impacts of past pollution. However, in the spirit of the request, an aspirational target and suggestions for measures aiming at a general reduction of pre-treatment have been introduced into the proposal.

- Amendment 61 unrealistically shortening the time for Member States' action where Community standards are not adopted is not accepted. The suggested deadline is shorter than the time generally required for adoption of Community legislation.

- Amendment 64 making repeal of old legislation, which is incorporated into the proposal, conditional on steps to ensure compliance is not accepted. Compliance will be examined but it is not legally possible to make repeals conditional in this way.

- Amendment 77 adding "in so far as they have harmful effects on water" to "materials in suspension" included on the list of substances in Annex VIII is not accepted. The addition is unnecessary and confusing as Annex VIII simply lists substances and groups of substances, which may be subject to control if their discharge negatively impacts on water status.

- Amendment 87 requesting an environmental impact assessment of water abstraction; demand management for water use; a clause empowering local competent authorities to reallocate water from other uses to drinking water purposes; and prior authorisation of artificial recharge of groundwater is not accepted. The requirements are not consistent with the recently revised Environmental Impact Assessment Directive, the legal basis of the proposal does not allow for quantitative water resources management, decision on administrative powers is a prerogative of Member States and prior authorisation of artificial recharge is already required by the proposal.

- Amendment 91 requesting an a priori exemption of extraction of raw materials from authorisation is not accepted. Extraction of raw materials should be subject to the same controls as other activities, which may have negative impact on water status.

- Amendment 92 defining good groundwater chemical status with reference to the standards of the Drinking Water Directive is not accepted. Those standards are intended for the protection of human health and apply at the tap, rather than to "raw water". Their application in situ for groundwater would be unfortunate as this in some cases would lead to a "topping-up to the limit value" practice and in other cases be too strict.

Proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE establishing a framework for Community action in the field of water policy (COM (97)49 final, COM(97)614 final, COM(98)76 final and COM(99)271 final) AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 250 (2) of the EC Treaty

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 175 (1) EC thereof,

Having regard to the proposal from the Commission [1] ,

[1] OJ C 184, 17.6.1997, p. 20, OJ C 16, 20.1.1998, p. 14 and OJ C 108, 7.4.1998, p. 94.

Having regard to the opinion of the European Parliament [2] ,

[2] Opinion of the European Parliament of 11 February 1999 (OJ C 150, 28.5.1999, p. 419), Council Common Position of 22 October 1999 and Decision of the European Parliament of 16 February 2000 (not yet published in the Official Journal)).

Having regard to the opinion of the Economic and Social Committee [3] ,

[3] OJ C 355, 21.11.1997, p. 83.

Having regard to the opinion of the Committee of the Regions [4] ,

[4] OJ C 180, 11.6.1998, p. 38.

Whereas:

(1) The conclusions of the Community Water Policy Ministerial Seminar in Frankfurt in 1988 highlighted the need for Community legislation covering ecological quality; the Council in its Resolution of 28 June 1988 [5] asked the Commission to submit proposals to improve ecological quality in Community surface waters;

[5] OJ C 209, 9.8.1988, p. 3.

(2) The declaration of the Ministerial Seminar on groundwater held at The Hague in 1991 recognised the need for action to avoid long-term deterioration of freshwater quality and quantity and called for a programme of actions to be implemented by the year 2000 aiming at sustainable management and protection of freshwater resources; in its Resolutions of 25 February 1992 [6] and 20 February 1995 [7] , the Council requested action programme for groundwater and a revision of Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances [8] , as part of an overall policy on freshwater protection;

[6] OJ C 59, 6.3.1992, p. 2

[7] OJ C 49, 28.2.1995, p. 1.

[8] OJ L 20, 26.1.1980, p. 43. Directive as amended by Directive 91/692/EEC (OJ L 377, 31.12.1991, p.48)

(3) Waters in the Community are under increasing pressure from the continuous growth in demand for sufficient quantities of good quality water for all purposes; on 10 November 1995, the European Environment Agency in its report on "Environment in the European Union - 1995" presented an updated state of the environment report, confirming the need for action to protect Community waters in qualitative as well as in quantitative terms;

(4) On 18 December 1995, the Council adopted conclusions requiring inter alia the drawing up of a new framework Directive establishing the basic principles of sustainable water policy in the European Union and inviting the Commission to come forward with a proposal;

(5) On 21 February 1996 the Commission adopted a Communication to the European Parliament and the Council on "European Community Water Policy" setting out the principles for a Community water policy;

(6) On 9 September 1996 the Commission presented a proposal for a Decision of the European Parliament and of the Council on an action Programme for integrated protection and management of groundwater [9] ; in that proposal the Commission pointed to the need to establish procedures for the regulation of abstraction of freshwater and for the monitoring of freshwater quality and quantity;

[9] OJ C 355, 25.11.1996, p. 1.

(7) On 29 May 1995 the Commission adopted a Communication to the European Parliament and the Council on the Wise Use and Conservation of Wetlands, which recognised the important functions they perform for the protection of water resources;

(8) It is necessary to develop an integrated Community policy on water;

(9) The Council on 25 June 1996, the Committee of the Regions on 19 September 1996, the Economic and Social Committee on 26 September 1996, and the European Parliament on 23 October 1996 all requested the Commission to come forward with a proposal for a Council Directive establishing a framework for a European water policy;

(10) As set out in Article 174 of the Treaty, the Community policy on the environment is to contribute to pursuit of the objectives of preserving, protecting and improving the quality of the environment, in prudent and rational utilisation of natural resources, and to be based on the precautionary principle and on the principles that preventive action should be taken, environmental damage should, as a priority, be rectified at source and that the polluter should pay;

(11) Pursuant to Article 174 of the Treaty, in preparing its policy on the environment, the Community is to take account of available scientific and technical data, environmental conditions in the various regions of the Community, and the economic and social development of the Community as a whole and the balanced development of its regions as well as the potential benefits and costs of action or lack of action;

(12) There are diverse conditions and needs in the Community which require different specific solutions; this diversity should be taken into account in the planning and execution of measures to ensure protection and sustainable use of water in the framework of the river basin; decisions should be taken as close as possible to the locations where water is affected or used; priority should be given to action within the responsibility of Member States through the drawing up of programmes of measures adjusted to regional and local conditions;

(13) The success of this Directive relies upon close cooperation and coherent action at Community, Member States and local level as well as on information, consultation and involvement of the public, including users;

(14) The supply of water is a service of general interest as defined in the Commission communication on Services of General Interest in Europe [10] ;

[10] OJ C 281, 26.9.1996, p. 3.

(15) Further integration of protection and sustainable management of water into other Community policy areas such as energy, transport, agriculture, fisheries, regional policy and tourism is necessary; this Directive should provide a basis for a continued dialogue and for the development of strategies towards a further integration of policy areas; this Directive can also make an important contribution to other areas of cooperation between Member States, inter alia, the European Spatial Development Perspective (ESDP);

(15a) An effective and coherent water policy must take account of the vulnerability of aquatic ecosystems located near the coast and estuaries or in gulfs or relatively closed seas, as their equilibrium is strongly influenced by the quality of inland waters flowing into them. Protection of water status within river basins will provide economic benefits by contributing towards the protection of fish populations, including coastal fish population;

(16) Community water policy requires a transparent, effective and coherent legislative framework; the Community should provide common principles and the overall framework for action; this Directive should provide for such a framework and coordinate and integrate, and, in a longer perspective, further develop the overall principles and structures for protection and sustainable use of water in the Community in accordance with the principles of subsidiarity;

(17) This Directive aims at maintaining and improving the aquatic environment in the Community; this purpose is primarily concerned with the quality of the waters concerned; control of quantity is an ancillary element in securing good water quality and therefore measures on quantity, serving the objective of ensuring good quality, should also be established;

(18) The quantitative status of a body of groundwater may have an impact on the ecological quality of surface waters and terrestrial ecosystems associated with that groundwater body;

(19) The Community and Member States are party to various international agreements containing important obligations on the protection of marine waters from pollution, in particular the Convention on the Protection of the Marine Environment of the Baltic Sea Area, signed in Helsinki on 9 April 1992 and approved by Council Decision 94/157/EC [11] , the Convention for the Protection of the Marine Environment of the North-East Atlantic, signed in Paris on 22 September 1992 and approved by Council Decision 98/249/EC [12] , and the Convention for the Protection of the Mediterranean Sea Against Pollution, signed in Barcelona on 16 February 1976 and approved by Council Decision 77/585/EEC [13] , and its Protocol for the Protection of the Mediterranean Sea Against Pollution from Land-Based Sources, signed in Athens on 17 May 1980 and approved by Council Decision 83/101/EEC [14] ; this Directive is to make a contribution towards enabling the Community and Member States to meet those obligations;

[11] OJ L 73, 16.3.1994, p. 19.

[12] OJ L 104, 3.4.1998, p. 1.

[13] OJ L 240, 19.9.1977, p 1.

[14] OJ L 67, 12.3.1983, p. 1.

(20) The enhanced protection of the aquatic environment requires the progressive reduction of emissions and discharges of hazardous substances, and the prevention of losses by leakage and accidental pollution of those substances, prioritised on the basis of their risk to or via the aquatic environment in line with the statement made by the Parties to the OSPAR Convention at Sintra in 1998; This will contribute to the target of cessation of emissions, discharges and losses by 2020, and the ultimate aim of concentrations in the marine environment near background values for naturally occurring substances and close to zero for man-made synthetic substances; Council and the European Parliament shall, on a proposal by the Commission, agree on the substances to be considered for action as a priority; Council and the European Parliament shall on proposals form the Commission, adopt measures for the progressive reduction of emissions of those substances, taking into account all sources;

(21) Common principles are needed in order to coordinate Member States' efforts to improve the protection of Community waters in terms of quantity and quality, to promote sustainable water use, to contribute to the control of transboundary water problems, to protect aquatic ecosystems, and terrestrial ecosystems and wetlands directly depending on them, and to safeguard and develop the potential uses of Community waters;

(22) Common definitions of the status of water in terms of quality and, where relevant for the purpose of the environmental protection, quantity should be established; environmental objectives should be set to ensure that good status of surface water and groundwater is achieved throughout the Community and that deterioration in the status of waters is avoided at Community level;

(23) Member States should aim to achieve the objective of at least good water status by defining and implementing the necessary measures within integrated programmes of measures, taking into account existing Community requirements; where good water status already exists, it should be maintained; for groundwater, in addition to the requirements of good status, any significant and sustained upward trend in the concentration of any pollutant should be identified and reversed;

(24) Surface waters and groundwaters are in principle renewable natural resources; in particular, the task of ensuring good status of groundwater requires early action and stable long-term planning of protective measures, owing to the natural time-lag in its formation and renewal; such time-lag for improvement should be taken into account in timetables when establishing measures for the achievement of good status of groundwater and reversing any significant and sustained upward trend in the concentration of any pollutant in groundwater;

(25) In aiming to achieve the objectives set out in this Directive, and in establishing a programme of measures to that end, Member States may phase implementation of the programme of measures in order to spread the costs of implementation;

(26) In order to ensure a full and consistent implementation of this Directive any extensions of timescale should be made on the basis of appropriate, evident and transparent criteria and be justified by the Member States in the River Basin Management Plans;

(27) In cases where a body of water is so affected by human activity or its natural condition is such that it may be infeasible or unreasonably expensive to achieve good status, less stringent environmental objectives may be set on the basis of appropriate, evident and transparent criteria, and all practicable steps should be taken to prevent any further deterioration of the status of waters;

(28) There may be grounds for temporary exemptions from the requirement to prevent further deterioration or to achieve good status under specific conditions, if the failure is the result of unforeseeable or exceptional circumstances of natural cause or force majeure, in particular untypically extreme floods and untypically prolonged droughts, or, for reasons of overriding public interest, of new modifications to the physical characteristics of a surface water body or alterations to the level of bodies of groundwater, provided that all practicable steps are taken to mitigate the adverse impact on the status of the body of water;

(29) The objective of achieving good water status should be pursued for each river basin, so that measures in respect of surface water and groundwaters belonging to the same ecological and hydrogeological system are coordinated;

(30) For the purposes of environmental protection there is a need for a greater integration of qualitative and quantitative aspects of both surface waters and groundwaters, taking into account the natural flow conditions of water within the hydrological cycle;

(31) Within a river basin where use of water may have transboundary effects, the requirements for the achievement of the environmental objectives established under this Directive, and in particular all programmes of measures, should be coordinated for the whole of the River Basin District; for river basins extending beyond the boundaries of the Community, Member States should endeavour to ensure the appropriate coordination with the relevant non-Member States; this Directive is to contribute to the implementation of Community obligations under international conventions on water protection and management, notably the United Nations Convention on the protection and use of transboundary water courses and international lakes, approved by Council Decision 95/308/EC [15] and any succeeding agreements on its application;

[15] OJ L 186, 5.8.1995, p. 42.

(32) It is necessary to undertake analyses of the characteristics of a river basin and the impacts of human activity as well as an economic analysis of water use; the development in water status should be monitored by Member States on a systematic and comparable basis throughout the Community; this information is necessary in order to provide a sound basis for Member States to develop programmes of measures aimed at achieving the objectives established under this Directive;

(33) Protection of water status will contribute towards securing the drinking water supply for the populations; For this purpose, Member States should identify waters used for the abstraction of drinking water, take appropriate preventive measures aiming at a reduction of the purification and pre-treatment needed in production of drinking water, and ensure compliance with Council Directive 80/778/EEC of 15 July 1980 relating to the quality of water intended for human consumption 16 ,or with Directive 98/83/EC.

(34) The use of economic instruments and water charging is may be appropriate as part of a programme of measures in order that charges for water services act as an incentive for the rational use of water resources so as to achieve the environmental objectives of this directive; the principle of recovery of all costs of water services, including environmental and resource costs associated with damage and negative impact on the aquatic environment should be taken into account for various sectors of the economy, disaggregated into at least domestic, industrial and agricultural users, in accordance with the polluter pays principle; an economic analysis based on long-term forecasts of supply and demand for water in the river basin district will be necessary for this purpose.;

(35) There is a need to prevent or reduce the impact of incidents in which water is accidentally polluted; measures with the aim of doing so should be included in the Programme of Measures;

(36) With regard to pollution prevention and control, Community water policy should be based on a combined approach using control of pollution at source through the setting of emission limit values and of environmental quality standards;

(37) For water quantity, overall principles should be laid down for control on abstraction, water transfer and impoundment in order to ensure the environmental sustainability of the affected water systems; (38) Common environmental quality standards and emission limit values for certain groups or families of pollutants should be laid down as minimum requirements in Community legislation; provisions for the adoption of such standards at Community level should be ensured;

(39) There is a need to combat pollution through the discharge of various dangerous substances; the Council should, on a proposal from the Commission, agree on the substances to be considered for action as a priority and on specific measures to be taken against pollution of water by those substances, taking into account all significant sources and identifying the cost-effective and proportionate level and combination of controls;

[16] OJ L 229, 30.8.1980, p. 11, and OJ L 330, 5.12.1998, p. 32, respectively.

(40) Member States should adopt measures to eliminate pollution of surface water by the priority substances and progressively to reduce pollution by other substances which would otherwise prevent Member States from achieving the objectives for the bodies of surface water;

(40a) Community measures to protect human health from the adverse effects of ionising radiation from anthropogenic sources, in accordance with the Euratom Treaty, afford some protection for the environment; It is acknowledged that further measures are required to fully protect the environment, in accordance with the overall objectives of this Directive;

(41) To ensure the participation of the general public including users of water in the establishment and updating of river basin management plans, it is necessary to provide proper information of planned measures and to report on progress with their implementation with a view to the involvement of the general public before final decisions on the necessary measures are adopted;

(42) This Directive should provide mechanisms to address obstacles to progress in improving water status when these fall outside the scope of Community water legislation, with a view to developing appropriate Community strategies for overcoming them;

(43) The Commission should present annually an updated plan for any initiatives which it intends to propose for the water sector;

(44) Technical specifications should be laid down to ensure a coherent approach in the Community as part of this Directive; criteria for evaluation of water status are an important step forward; adaptation of certain technical elements to technical development and the standardisation of monitoring, sampling and analysis methods should be adopted by committee procedure; to promote a thorough understanding and consistent application of the criteria for characterisation of the river basin districts and evaluation of water status, the Commission may adopt guidelines on the application of these criteria;

(44a) Since the measures necessary for the implementation of this Directive are measures of general scope within the meaning of Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission, they shall be adopted by use of the regulatory procedure provided for in Article 5 of that Decision.

(45) The implementation of this Directive is to achieve a level of protection of waters at least equivalent to that provided in certain earlier acts, which should therefore be repealed once the relevant provisions of this Directive have been fully implemented;

(46) The provisions of this Directive take over the framework for control of pollution by dangerous substances established under Directive 76/464/EEC [17] ; that Directive should therefore be repealed once the relevant provisions of this Directive have been fully implemented;

[17] OJ L 129, 18.5.1976, p. 23; Directive as amended by Directive 91/692/EEC (OJ L 377, 31.12.1991, p.

(47) Full implementation and enforcement of existing environmental legislation for the protection of waters should be ensured; it is necessary to ensure the proper application of the provisions implementing this Directive throughout the Community by appropriate penalties provided for in Member States' legislation; such penalties should be effective, proportionate and dissuasive,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Purpose

The purpose of this Directive is to establish a framework for the protection of inland surface water, transitional waters, coastal waters and groundwater which:

a) prevents further deterioration and protects and enhances the status of aquatic ecosystems and, with regard to their water needs, terrestrial ecosystems and wetlands directly depending on the aquatic ecosystems;

b) promotes sustainable water use based on a long-term protection of available water resources;

c) aims at enhanced protection and improvement of the aquatic environment through specific measures for the progressive reduction of emissions, discharges and losses of hazardous substances based on the prioritisation of those of greatest concern; and

d) contributes to mitigating the effects of floods and droughts and thereby contributes to:

- the provision of the sufficient supply of good quality surface water and groundwater as needed for sustainable, balanced and equitable water use;

- the protection of territorial and marine waters;

- achieving the objectives of relevant international agreements including those which aim to prevent and eliminate pollution of the marine environment; and

- progressively moving towards the target of cessation of discharges, emissions and losses of hazardous substances by the year 2020, with the ultimate aim of achieving concentrations in the marine environment near background values for naturally occurring substances and close to zero for man-made synthetic substances. 48).

Article 2

Definitions

For the purposes of this Directive the following definitions shall apply:

1) "Surface water" means inland waters, except groundwater; transitional waters and coastal waters, except in respect of chemical status for which it shall also include territorial waters.

2) "Groundwater" means all water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil.

3) "Inland water" means all standing or flowing water on the surface of the land, and all groundwater on the landward side of the baseline from which the breadth of territorial waters is measured.

4) "River" means a body of inland water flowing for the most part on the surface of the land but which may flow underground for part of its course.

5) "Lake" means a body of standing inland surface water.

6) "Transitional waters" are bodies of surface water in the vicinity of river mouths which are partly saline in character as a result of their proximity to coastal waters but which are substantially influenced by freshwater flows.

7) "Coastal water" means surface water on the landward side of a line every point of which is at a distance of one nautical mile on the seaward side from the nearest point of the baseline from which the breadth of territorial waters is measured, extending where appropriate up to the outer limit of transitional waters.

8) "Artificial water body" means a body of surface water created by human activity.

9) "Heavily modified water body" means a body of surface water which as a result of physical alterations by human activity is substantially changed in character, as designated by the Member State in accordance with the provisions of Annex II.

10) "Body of surface water" means a discrete and significant element of surface water such as a lake, a reservoir, a stream, river or canal, part of a stream, river or canal, a transitional water or a stretch of coastal water.

11) "Aquifer" means a subsurface layer or layers of rock or other geological strata of sufficient porosity and permeability to allow either a significant flow of groundwater or the abstraction of significant quantities of groundwater.

12) "Body of groundwater" means a distinct volume of groundwater within an aquifer or aquifers.

13) "River basin" means the area of land from which all surface run-off flows through a sequence of streams, rivers and, possibly, lakes into the sea at a single river mouth, estuary or delta.

14) "Sub-basin" means the area of land from which all surface run-off flows through a series of streams, rivers and, possibly, lakes to a particular point in a water course (normally a lake or a river confluence).

15) "River Basin District" means the area of land and sea, made up of one or more neighbouring river basins together with their associated groundwaters and coastal waters, which is identified under Article 3(1) as the main unit for management of river basins.

16) "Competent Authority" means an authority or authorities identified under Article 3(2) or 3(3) .

17) "Surface water status" is the general expression of the status of a body of surface water, determined by the poorer of its ecological status and its chemical status.

18) "Good surface water status" means the status achieved by a surface water body when both its ecological status and its chemical status are at least "good".

19) "Groundwater status" is the general expression of the status of a body of groundwater, determined by the poorer of its quantitative status and its chemical status.

20) "Good groundwater status" means the status achieved by a groundwater body when both its quantitative status and its chemical status are at least "good".

21) "Ecological status" is an expression of the quality of the structure and functioning of aquatic ecosystems associated with surface waters, classified in accordance with Annex V.

22) "Good ecological status" is the status of a body of surface water, so classified in accordance with Annex V.

23) "Good ecological potential" is the status of a heavily modified or an artificial body of water, so classified in accordance with the relevant provisions of Annex V.

24) "Good surface water chemical status" means the chemical status achieved by a body of surface water in which concentrations of pollutants do not exceed the environmental quality standards established in Annex IX and under Article 16(5), and under other relevant Community legislation setting environmental quality standards at Community level.

"Good surface water chemical status" is also the chemical status required to meet the environmental objectives for surface waters established in Article 4(1)(e) and (f).

25) "Good groundwater chemical status" is the chemical status of a body of groundwater, which meets all the conditions set out in table 2.3.2 of Annex V.

26) "Quantitative status" is an expression of the degree to which a body of groundwater is affected by direct and indirect abstractions.

27) "Available groundwater resource" means the long term annual average rate of overall recharge of the body of groundwater less the long term annual rate of flow required to achieve the ecological quality objectives for associated surface waters specified under Article 4, to avoid any significant diminution in the ecological status of such waters and to avoid any significant damage to associated terrestrial ecosystems.

28) "Good quantitative status" is the status defined in table 2.1.2 of Annex V.

28a) "Direct discharge to groundwater" means discharge of substances pursuant to Annex VIII into groundwater without passing through the soil or subsoil;

29) "Pollutant" means any substance liable to cause pollution, in particular those listed in Annex VIII.

30) "Pollution" means the direct or indirect introduction, as a result of human activity, of substances or heat into the air, water or land which may be harmful to human health or the quality of aquatic ecosystems or terrestrial ecosystems directly depending on aquatic ecosystems, which result in damage to material property, or which impair or interfere with amenities and other legitimate uses of the environment.

31) "Environmental objectives" means the objectives set out in Article 4.

32) "Environmental quality standard" means the concentration of a particular pollutant or group of pollutants or man-made radioactive substances in water, sediment or biota, which should not be exceeded in order to protect human health and the environment.

(32a) "Combined approach" means the control of all discharges and emissions into surface waters according to the approach set out in Article 10.

33) "Water intended for human consumption" has the same meaning as under Directive 80/778/EEC, as amended by Directive 98/83/EC.

34) "Water services" means:

(a) all services providing abstraction, impoundment, distribution and treatment of surface water or groundwater;

(b) waste water collection, waste water treatment and waste water disposal into surface water.

35) "Water uses" includes the main economic sectors such as domestic, agriculture and industry, amenities or other legitimate uses of the environment together with any other activity identified under Article 5 and Annex III having a significant impact on the status of water.

This concept applies for the purposes of Article 1 and of the economic analysis carried out according to Article 5 and Annex III, point (b).

36) "Emission limit values" means the mass, expressed in terms of certain specific parameters, concentration and/or level of an emission, which may not be exceeded during any one or more periods of time. Emission limit values may also be laid down for certain groups, families or categories of substances, in particular for those identified under Article 16.

The emission limit values for substances shall normally apply at the point where the emissions leave the installation, dilution being disregarded when determining them. With regard to indirect releases into water, the effect of a waste water treatment plant may be taken into account when determining the emission limit values of the installations involved, provided that an equivalent level is guaranteed for protection of the environment as a whole and provided that this does not lead to higher levels of pollution in the environment.

37) "Emission controls" are controls requiring a specific emission limitation, for instance an emission limit value, or otherwise specifying limits or conditions on the effects, nature or other characteristics of an emission or operating conditions which affect emissions. Use of the term "emission control" in this Directive in respect of the provisions of any other Directive shall not be held as reinterpreting those provisions in any respect.

Article 3

Coordination of administrative arrangements within River Basin Districts

1. Member States shall identify the individual river basins lying within their national territory and, for the purposes of this Directive, shall assign them to individual River Basin Districts. Small river basins may be combined with larger river basins or joined with neighbouring small basins to form individual River Basin Districts where appropriate. Where groundwaters do not fully follow a particular river basin, they shall be identified and assigned to the nearest or most appropriate River Basin District. Coastal waters shall be identified and assigned to the nearest or most appropriate River Basin District or Districts.

2. Member States shall ensure the appropriate administrative arrangements, including the identification of the appropriate competent authority, for the application of the rules of this Directive within each River Basin District lying within their territory.

3. Member States shall ensure that a river basin covering the territory of more than one Member State is assigned to an international River Basin District. At the request of the Member States involved, the Commission shall act to facilitate the assigning to such international River Basin Districts. Each Member State shall ensure the appropriate administrative arrangements, including the identification of the appropriate competent authority, for the application of the rules of this Directive within the portion of any international River Basin District lying within its territory.

4. Member States shall ensure that the requirements of this Directive for the achievement of the environmental objectives established under Article 4, and in particular all programmes of measures are coordinated for the whole of the River Basin District. For international River Basin Districts the Member States concerned shall together ensure this coordination. At the request of the Member States involved, the Commission shall act to facilitate the establishment of the programmes of measures.

5. Where a River Basin District extends beyond the territory of the Community, the Member State or Member States concerned shall endeavour to establish appropriate coordination with the relevant non-Member States, with the aim of achieving the objectives of this Directive throughout the River Basin District. Member States shall ensure the application of the rules of this Directive within their territory.

6. Member States may identify an existing national or international body as competent authority for the purposes of this Directive.

7. Member States shall identify the competent authority by the date mentioned in Article 23.

8. Member States shall provide the Commission with a list of their competent authorities and of the competent authorities of all the international bodies in which they participate at the latest 6 months after the date mentioned in Article 23. For each competent authority the information set out in Annex I shall be provided.

9. Member States shall inform the Commission of any changes to the information provided according to paragraph 8 within three months of the change coming into effect.

Article 4

Environmental objectives

1. Member States shall ensure that the programmes of measures specified in the River Basin Management Plans are made operational in order to:

for groundwater:

(a) prevent deterioration of the chemical and quantitative status of groundwater, from the date of entry into force of this Directive, subject to the application of paragraphs 5 and 6 ;

(b) protect, enhance and restore all bodies of groundwater, and ensure a balance between abstraction and recharge of groundwater and prevent the input of anthropogenic pollutants into groundwater, subject to the application of Article 11.3(g), 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 16 years after the date of entry into force of this Directive; and

(c) reverse any significant and sustained upward trend in the concentration of any pollutant resulting from the impact of human activity in order to progressively reduce pollution, thereby contributing to moving towards a state of insignificantly anthropogenically polluted groundwater in all bodies of groundwater, subject to the application of paragraphs 4, 5 and 6. Where environmental quality standards are set out in Community legislation, trend reversal shall take as its starting point a maximum of half of the level of those quality standards;

for surface water:

(d) prevent deterioration of the status of all surface waters, including artificial and heavily modified bodies of water, from the date of entry into force of this Directive, subject to the application of paragraphs 5 and 6;

(e) protect, enhance and restore all surface waters, with the aim of achieving good surface water status at the latest 16 years after the date of entry into force of this Directive, in all bodies of surface water, in accordance with the provisions laid down in Annex V, subject to the application of paragraph 1(f), extensions determined in accordance with paragraph 3 and to the application of paragraphs 4, 5 and 6 and without prejudice to the relevant international agreements referred to in Article 1 for the parties concerned;

(f) protect and enhance the status of artificial and heavily modified bodies of water, with the aim of achieving good ecological potential and good surface water chemical status at the latest 16 years from the date of entry into force of this Directive, in all heavily modified and artificial bodies of water, in accordance with the provisions laid down in Annex V, subject to the application of extensions determined in accordance with paragraph 3 and to the application of paragraphs 5 and 6;

(g) progressively reduce emissions, discharges and losses of hazardous substances to all bodies of surface water in accordance with the provisions laid down in Articles 10, 11, 16 and Annex V and thereby contribute to moving towards the ultimate target of cessation of discharges, emissions and losses of hazardous substances.

For protected areas:

(h) achieve compliance with any standards and objectives relating to Protected Areas, at the latest 16 years after the date of entry into force of this Directive, unless otherwise specified in the Community legislation under which the individual Protected Areas have been established,

through phased implementation of measures taken under Article 11 in accordance with paragraph 3.

2. Where more than one of the objectives under paragraph 1 relates to a given body of water, the most stringent shall apply.

3. The deadlines established under points (b), (e), and (f) of paragraph 1 may be extended for the purposes of phased achievement of the objectives under paragraph 1 for bodies of water when the 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 for at least one of the following reasons:

- the scale of improvements required can, for reasons of technical feasibility, only be achieved in phases exceeding the timescale;

- completing the improvements within the timescale would be disproportionately expensive;

- natural conditions do not allow rapid improvement in the status of the body of water; and;

(b) no further deterioration occurs in the status of the affected body of water; and

(c) the extension of the deadline, and the reasons for it, are specifically set out and explained in the River Basin Management Plan required under Article 13;

(d) extensions are limited to 2 further updates of the River Basin Management Plan except in cases where the natural conditions are such that the objectives cannot be achieved within this period.

(e) a summary of the measures required under Article 11 which are envisaged as necessary to bring the bodies of water progressively to the required status by the extended deadline, the reasons for any delay in making these measures operational, and the expected timetable for their implementation 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.

4. Member States may aim to achieve less stringent environmental objectives than those required under paragraphs 1(b) and 1(e) for specific bodies of surface water and groundwater, where the body of water is so affected by past human activity or its natural condition is such that achievement of those objectives would be infeasible or disproportionately expensive, when all the following conditions are met:

(a) the environmental and social needs served by the existing characteristics of the water body cannot be achieved by other means, which are a better practical environmental option; and

(b) Member States ensure,

-for surface water, the least possible changes to ecological status and chemical status given the unavoidable impacts due to the nature of the past human activity or past pollution;

- for groundwater, the least possible changes to groundwater level and chemical status given the unavoidable impacts due to the nature of the past human activity or past pollution; and

(c) no further deterioration occurs in the status of the affected body of water;

(d) the establishment of less stringent environmental objectives, and the reasons for it, are specifically mentioned in the River Basin Management Plan required under Article 13 and those objectives are reviewed every 6 years.

4a. new paragraph

Member States may designate a body of surface water as artificial or heavily modified, where

a) making improvements necessary for achieving good ecological status would have significant adverse effects on:

i) the wider environment; or

ii) navigation, including port facilities, or recreation; or

iii) activities for the purposes of which water is stored, such as drinking water supply, power generation or irrigation; or

iv) water regulation, flood protection or land drainage and other similar purposes; or

v) extraction of raw materials;

(b) the beneficial objetives served by the artificial or heavily modified characteristics of the water body cannot be achieved by other means, which are a better practical environmental option; and

(c) modifications are such that they allow for the best practicable approximation to ecological continuum, in particular with respect to migration of fauna and appropriate spawning and breeding grounds.

Such designation must be specifically mentioned in the River Basin Management Plans required under Article 13 and those designations are reviewed every 6 years.

5. Temporary deterioration in the status of bodies of water shall not be in breach of the requirements of this Directive if this is the result of natural timelag in recovery or taking effect of measures, unforeseeable or exceptional circumstances of natural cause 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 to prevent further deterioration in status and in order not to compromise the achievement of the objectives of this Directive in other bodies of water not affected by those circumstances;

(b) the conditions under which such circumstances may be declared, including the adoption of the appropriate indicators, are stated in the River Basin Management Plan;

(c) the measures to be taken under such circumstances are included in the programme of measures and will not compromise the recovery of the quality of the body of water once the circumstances are over;

(d) the effects of those circumstances are reviewed annually and, subject to paragraph 3(a), any practicable measures are taken with the aim of restoring the body of water to its status prior to the effects of those circumstances as soon as reasonably practicable; and

(e) a summary of the effects of the circumstances and of the measures taken or to be taken in accordance with paragraphs (a) and (d) are included in the next update of the River Basin Management Plan.

6. Failure to achieve good groundwater status, good ecological status or, where relevant, good ecological potential or to prevent deterioration in the status of a body of surface water or groundwater shall not be in breach of this Directive where this is the result of new modifications to the physical characteristics of a surface water body or alterations to the level of bodies of groundwater, and the following conditions are met:

(a) the reasons for the modifications or alterations are of overriding public interest and/or, the benefits to the environment and to society of achieving the objectives set out in Article 4(1) are outweighed by the benefits of the modifications or alterations to human health, the maintenance of human safety or to sustainable development of the local areas in which the water body is located; and

(b) the beneficial objectives served by the modifications or alterations of the water body cannot be achieved by other means, which are a better practical environmental option; and

(c) all practicable steps are taken to mitigate the adverse impact on the status of the body of water;

(d) The reasons for the modifications or alterations must be are specifically set out and explained in the River Basin Management Plan required under Article 13 and the objectives are reviewed every 6 years.

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 of other Community environmental legislation.

Article 5

Characteristics of the River Basin District,

Review of the environmental impact of human activity and Economic Analysis of water use

1. Each Member State shall ensure that for each River Basin District or for the portion of an international River Basin District falling within its territory:

-an analysis of its geographical, geological, hydrological and ecological characteristics,

- a review of the impact of human activity on the status of surface waters and on groundwater, and

- an economic analysis of water use is undertaken according to the technical specifications set out in Annexes II and III and that it is completed at the latest 5 years after the date of entry into force of this Directive.

2. The analyses and reviews mentioned under 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.

Article 6

Register of Protected Areas

1. Member States shall ensure the establishment of a register or registers of all areas lying within each River Basin District which have been designated as requiring special protection under specific Community legislation for the protection of their surface water and groundwater or for the conservation of habitats and species directly depending on water. They shall ensure that the register is completed at the latest 5 years after the date of entry into force of this Directive.

2. The register or registers shall include all bodies of water identified under Article 7(1) and all Protected Areas covered by Annex IV.

3. For each River Basin District, the register or registers of Protected Areas shall be kept under review and up to date.

Article 7

Waters used for the abstraction of drinking water

1. Member States shall identify, within each River Basin District:

- all bodies of water used for the abstraction of water intended for human consumption providing more than 10m³ a day as an average or serving more than fifty persons, and

- those bodies of water intended for such future use.

Member States shall monitor, in accordance with Annex V, those bodies of water which according to Annex V, provide more than 100m [3] a day as an average.

2. For each body of water identified under paragraph 1, in addition to meeting the objectives of Article 4 in accordance with the requirements of this Directive, for surface water bodies including the quality standards established at Community level under Article 16, Member States shall ensure that under the water treatment regime applied, and in accordance with Community legislation, the resulting water will meet the requirements of Directive 80/778/EEC as amended by Directive 98/83/EC.

3. Member States shall ensure the necessary protection for the bodies of water identified with the aim of avoiding deterioration in their status and the aim of moving towards a reduction of the purification and pre-treatment needed in the production of drinking water. Member States may establish safeguard zones for those bodies of water.

Article 8

Monitoring of surface water status, groundwater status and protected areas

1. Member States shall ensure the establishment of programmes for the monitoring of water status in order to establish a coherent and comprehensive overview of water status within each River Basin District:

- for surface waters such programmes shall cover monitoring of the volume and level or rate of flow and the ecological and chemical status;

- for groundwaters such programmes shall cover monitoring of the chemical and quantitative status;

- for protected areas the above programmes shall be supplemented by those specifications contained in Community legislation under which the individual protected areas have been established.

2. These programmes shall be operational at the latest 7 years after the date of entry into force of this Directive unless otherwise specified in the legislation concerned. Such monitoring shall be in accordance with the requirements of Annex V.

Article 9

Water charging and recovery of costs for water services

1. Member States shall ensure by 2010:

- a charging system for water services, which acts as an incentive for the sustainable use of water resources so as to achieve the environmental objectives of this Directive;

- that the various sectors of the economy, a distinction being drawn at least between domestic industrial and agricultural users, contribute fairly to the recovery of all the costs of water services having regard to the economic analysis conducted in accordance with Article 5 and Annex III and in accordance with the polluter pays principle; according to Annex III, and in accordance in particular with the polluter pays principle.

Member States may in doing so have regard to the resulting social, environmental and economic effects of the recovery as well as the geographic and climatic conditions of the region or regions affected.

2. Member States shall establish timetables for the full application of the provisions of this Article. Details of such timetables shall be included in the River Basin Management Plans required under Article 13.

3. Member States shall report in the River Basin Management Plans on implementation of a charging system that offers incentives to achieve the environmental objectives of this Directive and on the contribution made by the various sectors of the economy to the recovery of all the costs of water services.

Article 10

The combined approach for point and diffuse sources

1. Member States shall ensure that all discharges into surface waters are controlled according to the combined approach set out in this Article.

2. Member States shall ensure the establishment and/or implementation of:

(a) the emission controls based on Best Available Techniques; 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:

- Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control [18] ,

[18] OJ L 257, 10.10.1996, p. 26.

- Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment [19] ,

[19] OJ L 135, 30.5.1991, p. 40. Directive as amended by Commission Directive 98/15/EC (OJ L 67, 7.3.1998, p. 29).

- Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources [20] ,

[20] OJ L 375, 31.12.1991, p. 1.

- the Directives adopted pursuant to Article 16 of this Directive,

- the Directives listed in Annex IX,

- any other relevant Community legislation

at the latest 13 years after the date of entry into force of this Directive, unless otherwise specified in the legislation concerned.

3. Where a quality objective or quality standard, whether established pursuant to this Directive, in the Directives listed in Annex IX, or pursuant to any other Community legislation, requires stricter conditions than those which would result from the application of paragraph 2, more stringent emission controls shall be set accordingly.

4. Member States may exempt from these control discharges and emissions, which have no significant impact on water status.

Article 11

Programme of measures

1. Each Member State shall ensure the establishment for each River Basin District, or for the part of an International River Basin District within its territory, of a programme of measures, taking account of the results of the analyses required under Article 5, designed to move 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.

2. Each programme of measures shall include the "basic" measures specified in paragraph 3 and, where necessary, "supplementary" measures.

3. "Basic measures" are the minimum requirements to be complied with and shall consist of:

(a) those measures required to implement Community legislation for the protection of water, including measures required under the legislation specified in Article 10 and in part A of Annex VI;

(b) measures deemed appropriate for the purposes of Article 9;

(c) measures to meet the requirements of Article 7, including measures with regard to provisioning a basic supply of drinking water for domestic purposes;

(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 and a requirement of prior authorisation for abstraction, transfer and impoundment. These controls shall be periodically reviewed and, where necessary, updated. Member States can exempt from these controls, abstractions, transfers or impoundments which have no significant impact on water status;

(e) for point source discharges liable to cause pollution, a requirement for prior authorisation, or registration based on general binding rules, laying down emission controls for the pollutants concerned in accordance with Article 10. These controls shall be periodically reviewed and, where necessary, updated;

(f) measures to ensure the control and prevention of any other significant adverse impacts on the status of water identified under Article 5 and Annex II which would prevent the achievement of the objectives under Article 4.

For surface water, in particular measures:

- to progressively reduce emissions, discharges and losses of hazardous substances;

- to achieve good ecological potential for bodies of water designated as artificial or heavily modified;

- to improve water status to allow moving towards the aim of a reduction of the purification and pre-treatment needed in the production of drinking water;

- to ensure that the hydro-morphological condition of the water body is such as to ensure the achievement of the objectives set out in Article 4;

For groundwater, in particular measures:

- to prevent the input of anthropogenic substances, including, as appropriate, the use of best environmental practices, and

- to ensure a balance between abstraction and recharge of groundwater.

Controls may take the form of a requirement for prior regulation, such as a prohibition on the entry of pollutants into water, prior authorisation or registration based on general binding rules where such a requirement is not otherwise provided for under Community legislation. These controls shall be periodically reviewed and, where necessary, updated;

(g) a prohibition of direct discharges of pollutants into groundwater subject to the following provisions.

Member States may authorise re-injection into the same aquifer of water used for geothermal purposes.

They may also authorise, specifying the conditions for:

- injection of water containing substances resulting from the operations for exploration and extraction of hydrocarbons or mining activities, and injection of water for technical reasons, into geological formations from which hydrocarbons or other substances have been extracted or into geological formations which for natural reasons are permanently unsuitable for other purposes. Such injections shall not contain substances other than those resulting from the above operations,

- re-injection of pumped groundwater from mines and quarries or associated with the construction or maintenance of civil engineering works,

- injection of natural gas or liquefied petroleum gas (LPG) for storage purposes into geological formations which for natural reasons are permanently unsuitable for other purposes,

- injection of natural gas or liquefied petroleum gas (LPG) for storage purposes into other geological formations where there is an overriding need for security of gas supply, and where the injection is such as to prevent any present or future danger of deterioration in the quality of any receiving groundwater,

- construction, civil engineering and building works and similar activities on or in the ground which come into contact with groundwater. For these purposes, Member States may determine that such activities are to be treated as having been authorised provided that they are conducted in accordance with general binding rules developed by the Member State in respect of such activities,

- discharges of small quantities of substances for scientific purposes for characterisation, protection or remediation of water bodies limited to the amount strictly provided such discharges do not compromise the achievement of the environmental objectives established for that body of groundwater.

(h) Controls for artificial recharge of groundwater bodies. The water used may be derived from any surface water or groundwater, provided that the use of the source does not compromise the achievement of the environmental objectives established for the source or the recharged body of groundwater;

(i) in accordance with action taken pursuant to Article 16, measures to eliminate pollution of surface waters by those substances specified in the priority list agreed pursuant to Article 16(2) and to progressively reduce pollution by other substances which would otherwise prevent Member States from achieving the objectives for the bodies of surface waters as set out in Article 4;

(j) any measures required to prevent significant leakage of pollutants from technical installations, and to prevent and/or to reduce the impact of accidental pollution incidents for example as a result of floods, including through systems to detect or give warning of such events.

4. "Supplementary" measures are those measures designed and implemented in addition to the basic measures, with the aim of achieving the objectives established pursuant to Article 4. Part B of Annex VI contains a non-exclusive list of such measures.

Member States may also adopt further supplementary measures in order to provide for additional protection or improvement of the waters covered by this Directive, including in implementation of the relevant international agreements referred to in Article 1.

5. Where monitoring or other data indicate that the objectives set under Article 4 for the body of water are unlikely to be achieved, the Member State shall ensure that:

- the causes of the possible failure are investigated, including appropriate review of all relevant permits and authorisations;

- the monitoring programmes are reviewed and appropriately adjusted;

- the established environmental quality standards of the water body are reviewed;

- such additional measures as may be necessary in order to achieve those objectives are established, including environmental quality standards.

Where those causes are unforeseeable or due to exceptional circumstances, including floods or droughts, subject to Article 4(3)(a), 3 indent, the Member State may determine that additional measures are not practicable.

6. In implementing measures pursuant to paragraphs 3(e) and 3(f), Member States shall take all appropriate steps not to increase pollution of marine waters and contribute to moving towards the target of cessation of discharges, emissions and losses of hazardous substances by the year 2020, with the ultimate aim of achieving concentrations in the marine environment near background values for naturally occurring substances and close to zero for man-made synthetic substances. Without prejudice to existing legislation, the application of measures taken pursuant to paragraph 3 may on no account lead, either directly or indirectly to increased pollution of surface waters. This requirement shall not apply where it would result in increased pollution of the environment as a whole.

7. The programmes of measures shall be established at the latest 10 years after the date of entry into force of this Directive and all the measures shall be made operational at the latest 13 years after that date.

8. The programmes of measures shall be reviewed, and if necessary updated at the latest 16 years after the date of entry into force of this Directive and every six years thereafter. Any new or revised measures established under an updated programme shall be made operational within three years of their establishment.

Article 12

Issues which can not be dealt with at Member State level

1. Where a Member State identifies an issue which has an impact on the management of its water but can not be resolved by that Member State, it may report the issue to the Commission and any other Member State concerned and may make recommendations for the resolution of it.

2. The Commission shall respond to any report or recommendations from Member States within a period of six months.

Article 13

River Basin Management Plans

1. Member States shall ensure that a River Basin Management Plan is produced for each River Basin District lying entirely within their territory in order to achieve the objectives laid down in Article 4.

2. In the case of an international River Basin District falling entirely within the Community, Member States shall ensure coordination with the aim of producing a single International River Basin Management Plan in order to achieve the objectives laid down in Article 4. Where such an international River Basin Management Plan is not produced, Member States shall produce River Basin Management Plans covering at least those parts of the international River Basin District falling within their territory to achieve the objectives of this Directive.

3. In the case of an international River Basin District extending beyond the boundaries of the Community, Member States shall endeavour to produce a single River Basin Management Plan, and, where this is not possible, the plan shall at least cover the portion of the international River Basin District lying within the territory of the Member State concerned.

4. The River Basin Management Plan shall include the information detailed in Annex VII.

5. River Basin Management Plans may be supplemented by the production of more detailed programmes and management plans for sub-basin, sector, issue, or water type, to deal with particular aspects of water management. Implementation of these measures shall not exempt Member States from any of their obligations under the rest of this Directive.

6. River Basin Management Plans shall be published at the latest 10 years after the date of entry into force of this Directive.

7. River Basin Management Plans shall be reviewed and updated at the latest 16 years after the date of entry into force of this Directive and every six years thereafter.

Article 14

Public information and consultation

1. Member States shall encourage the active involvement of all interested parties in the implementation of this Directive, in particular in the production, review and updating of the River Basin Management Plans. Member States shall ensure that, for each River Basin District, they publish and make available for comments to the public, including users:

(a) a timetable and work programme for the production of the plan, including a statement of the consultation measures to be taken, at least three years before the beginning of the period to which the plan refers;

(b) an interim overview of the significant water management issues identified in the river basin, at least two years before the beginning of the period to which the plan refers;

(c) draft copies of the River Basin Management Plan, at least one year before the beginning of the period to which the Plan refers.

Upon request access shall be given to background documents and information used for the development of the draft River Basin Management Plan.

2. Member States shall allow at least six months to comment in writing on those documents in order to allow active involvement and consultation.

3. Paragraphs 1 and 2 shall apply equally to updated River Basin Management Plans.

Article 15

Reporting

1. Member States shall send copies of the River Basin Management Plans and all subsequent updates to the Commission and to any other Member State concerned within three months of their publication:

(a) for River Basin Districts falling entirely within the territory of a Member State, all River Management Plans covering that national territory and published pursuant to Article 13;

(b) for international River Basin Districts, at least the part of the River Basin Management Plans covering the territory of the Member State.

2. Member States shall submit summary reports of:

- the analyses required under Article 5; and

- the monitoring programmes designed under Article 8 undertaken for the purposes of the first River Basin Management Plan within 3 months of their completion.

3. Member States shall, within three years of the publication of each River Basin Management Plan or update under Article 13, submit an interim report describing progress in the implementation of the planned programme of measures.

Article 16

Strategies against pollution of water

1. The European Parliament and the Council shall adopt specific measures against pollution of water by individual pollutants or groups of pollutants presenting an unacceptable risk to or via the aquatic environment, including such risks to waters used for the abstraction of drinking water. Such measures shall be aimed at preventing the pollution of waters by progressively reducing emissions, discharges and losses of hazardous substances based on the prioritisation of those of greatest concern following the procedure set out in paragraph 2 and thereby contributing to moving towards the target of their cessation. Such measures shall be adopted acting on the proposals presented by the Commission in accordance with the procedures laid down in the Treaty.

2. The Commission shall submit a proposal setting list of priority substances. Substances shall be prioritised for action on the basis of risk to or via the aquatic environment, identified by:

(a) risk assessment carried out under Council Regulation (EEC) No 793/93 [21] ,Council Directive 91/414/EEC [22] , and Directive 98/8/EC of the European Parliament and of the Council [23] ;or

[21] OJ L 84, 5.4.1993, p. 1.

[22] OJ L 230, 19.8.1991, p. 1. Directive as last amended by Directive 98/47/EC (OJ L 191, 7.7.1998, p. 50).

[23] OJ L 123, 24.4.1998, p. 1.

(b) targeted risk-based assessment (following the methodology of Regulation (EEC) No 793/93) focusing solely on aquatic ecotoxicity and on human toxicity via the aquatic environment; or, where this proves impracticable within the timescale;

(c) a simplified risk-based assessment procedure based on scientific principles taking particular account of:

(i) evidence regarding the intrinsic hazard of the substance concerned, and in particular its aquatic ecotoxicity and human toxicity via aquatic exposure routes; and

(ii) evidence from monitoring of widespread environmental contamination; and

(iii) other proven factors which may indicate the possibility of widespread environmental contamination, such as production or use volume of the substance concerned, and use patterns.

The Commission shall review the adopted priority list on a triennial basis and come forward with proposals as appropriate.

3. In preparing its proposal, the Commission shall take account of recommendations from the Scientific Committee on Toxicity, Ecotoxicity and the Environment, Member States, the European Parliament, the European Environment Agency, Community research programmes, international organisations to which the Community is a party, European business organisations including those representing small and medium-sized enterprises, European environmental organisations, and of other relevant information which comes to its attention.

4. For the substances on the priority list, the Commission shall submit proposals for the progressive reduction of the emissions, discharges and losses concerned one year after each triennial list, or more frequently as appropriate. The Commission's proposal shall have regard to the aim of moving towards the target of cessation of emissions, discharges and losses of hazardous substances. In doing so it shall take account of both point and diffuse sources and shall identify the most appropriate cost-effective and proportionate level and combination of product and process controls and take account of uniform emission standards limit 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 review of the relevant authorisations issued under Directive 91/414/EEC and Directive 98/8/EC, such reviews shall be carried 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.

5. The Commission shall submit proposals for quality standards applicable to the concentrations of the priority substances in surface water, sediments or biota.

6. The Commission shall submit proposals, in accordance with paragraphs 4 and 5, and at least for emission controls for point sources and environmental quality standards within 1 year of the inclusion of the substance concerned on the priority list. For substances included in the first priority list, in the absence of agreement at Community level 7 years after the date of entry into force of this Directive, Member States shall establish environmental quality standards for these substances for all surface waters affected by discharges of those substances and controls on the principal sources of such discharges, based inter alia on consideration of all technical reduction options. For substances subsequently included in the priority list, in the absence of agreement at Community level, Member States shall take such action 5 years after the date of inclusion in the list.

7. The Commission may prepare strategies against pollution of water by any other pollutants or groups of pollutants, including any pollution which occurs as a result of accidents.

8. In preparing its proposals under paragraphs 4 and 5, the Commission shall also review all the Directives listed in Annex IX. It shall propose, by the deadline in paragraph 6, a revision of the controls in Annex IX for all those substances which are included in the priority list and shall propose the appropriate measures including the possible repeal of the controls under Annex IX for all other substances.

All the controls in Annex IX for which revisions are proposed shall be repealed by the date of entry into force of those revisions.

9. The priority list of substances proposed by the Commission shall, on its adoption by the European Parliament and the Council, become Annex X to this Directive.

Article 17

Commission Report

1. The Commission shall publish a report on the implementation of this Directive at the latest 12 years after the date of entry into force of this Directive and every six years thereafter, and shall submit it to the European Parliament and to the Council.

2. The Report shall include the following:

(a) a review of progress in the implementation of the Directive;

(b) a review of the status of surface water and groundwater in the Community undertaken in coordination with the European Environment Agency;

(c) a survey of the River Basin Management Plans submitted in accordance with Article 15, including suggestions for the improvement of future plans;

(d) a summary of the response to each of the reports or recommendations to the Commission made by Member States pursuant to Article 12;

(e) a summary of any proposals, control measures and strategies developed under Article 16;

(f) a summary of the responses to comments made by the European Parliament and the Council on previous implementation reports.

3. The Commission shall also publish a report on progress in implementation based on the summary reports that Member States submit under Article 15(2), and submit it to the European Parliament and the Member States, at the latest 2 years after the dates referred to in Articles 5 and 8.

4. The Commission shall, within three years of the publication of each report under paragraph 1, publish an interim report describing progress in implementation on the basis of the interim reports of the Member States as mentioned in Article 15(3). This shall be submitted to the European Parliament and to the Council.

5. The Commission shall convene when appropriate in line with the reporting cycle a conference of interested parties on Community Water Policy from each of the Member States, to comment on the Commissi