Amended proposal for a Council Directive establishing a framework for Community action in the field of water policy (COM(97) 49 final) (1) (98/C 16/06) (Text with EEA relevance) COM(97) 614 final - 97/0067(SYN)

(Submitted by the Commission pursuant to Article 189a (2) of the EC Treaty on 27 November 1997)

Preamble

1. The following recital is inserted:

'18a. Whereas the precautionary principle and the principle of prevention at source require that pollution through the discharge of various dangerous substances be eliminated; whereas the Council should, on a proposal by the Commission, agree on the substances to be considered for action as a priority; whereas the Council should, on proposals from the Commission, adopt measures for progressive elimination of pollution by those substances, taking into account all significant sources and the cost-effectiveness and proportionality of the available reduction options;`.

2. The following recital is added:

'38. Whereas the provisions of this Directive takeover the framework for control of pollution by dangerous substances established pursuant to Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community(*); whereas that Directive should therefore be repealed from the date on which the programmes of measures established pursuant to this Directive become operational;

(*) OJ L 129, 18.5.1976, p. 23; Directive as amended by Directive 91/692/EEC (OJ L 377, 31.12.1991, p. 48.)`

Article 1

Article 1 is replaced by the following:

'Article 1

Purpose

The overall purpose of this Directive is to establish a framework for the protection of Community waters which:

(a) for surface fresh water, estuaries, coastal waters and groundwater:

(i) prevents further deterioration and protects and enhances the status of aquatic ecosystems and, with regard to their water needs, terrestrial ecosystems,

(ii) promotes sustainable water consumption based on a long-term protection of available water resources, and

(b) for territorial and other marine water, incorporates the requirements for protection established in other Community legislation and pursuant to the United Nations Convention on the Law of the Sea,

and thereby contributes to the provision of a supply of water of the qualities and in the quantities needed for sustainable use of these resources.`

Article 2

1. Point 1 is replaced by the following:

'1. Surface water means surface fresh waters, estuaries, coastal waters, territorial waters and other marine waters. However, for the purposes of definitions 17 to 20, the term shall be taken as excluding both territorial and other marine water, and for the purposes of definitions 21, 22 and 23, the term shall be taken as excluding other marine water. For the purpose of definitions 13 and 14 and Article 4, the term shall be taken as excluding other marine water, and including territorial water only as regards chemical status.`

2. The following points 5a and 5b are inserted:

'5a. Territorial waters means all waters designated as such by Member States pursuant to the United Nations Convention on the Law of the Sea which do not fall under points 2 to 5.

5b. Marine waters means all waters designated by Member States as falling within their exclusive economic zone pursuant to the United Nations Convention on the Law of the Sea and which do not come under points 2 to 5b.`

3. In point 20, the first subparagraph is replaced by the following:

'20. Good ecological status means the ecological status achieved by a body of surface water which is demonstrated to be significantly influenced by human activity, but which nevertheless has a rich, balanced and sustainable ecosystem. The achievement of good ecological status shall entail achievement of any physico-chemical, physical and biological standards established to ensure that good ecological status is obtained, including the environmental quality standards established under point (d) (ii) of Article 13 (3).`

4. Points 22 and 23 are replaced by the following:

'22. High chemical status means the chemical status achieved by a body of water in which no pollutants are present at levels in excess of natural background levels.

23. Good chemical status means the chemical status achieved by a body of water in which concentrations of pollutants do not exceed the environmental quality standards established in Annex IX and pursuant to Article 21 (6), and pursuant to other relevant Community legislation setting environmental quality standards, and in which the trends in monitoring data do not suggest that such environmental quality standards will be exceeded in the future.`

5. Point 27 is replaced by the following:

'27. Pollutant means any substance liable to cause pollution, in particular those listed in Annex VIII.`

6. In point 30, the second subparagraph is replaced by the following:

'For the purposes of this Directive, environmental quality standards are established at a Community level in Annex IX and pursuant to Article 21 (6). In addition, environmental quality standards shall be established by Member States pursuant to Article 8 (2) in respect of waters used for the abstraction of drinking water, pursuant to Article 13 (3) (d) in respect of waters failing to achieve good ecological status, and pursuant to Article 21 (6) in respect of priority substances for which no Community standards have yet been set. All these environmental quality standards shall be regarded as environmental quality standards for the purposes of point 7 of Article 2 and Article 10 of Directive 96/61/EC.`

7. The following points 36 and 37 are added:

'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 within the meaning of Article 21.

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. An equivalent control to an emission limit value means another control which ensures that the reduction required by this Directive is achieved by the deadline set by this Directive.`

Article 3

Paragraph 1 is replaced by the following:

'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 assigned to the nearest or most appropriate river basin district. Coastal, territorial and other marine waters shall be assigned to the nearest or most appropriate river basin district. However, without prejudice to point (e) of Article 4 (1), obligations in respect of river basin districts shall only apply to territorial and other marine waters in so far as those obligations are already set out in other Community legislation.`

Article 4

In paragraph 1, points (d) and (e) are added:

'(d) eliminate pollution of the waters by certain pollutants in accordance with point (h) of Article 13 (3);

(e) comply with all requirements in other Community legislation for territorial and other marine waters, and take all measures consistent with international law necessary to prevent, reduce and control pollution of the marine environment from any source, using for this purpose the best practicable means at their disposal and in accordance with their capabilities.`

Article 13

1. Paragraph 1 is replaced by the following:

'1. Member States shall ensure the establishment within each river basin district of a programme of measures designed to achieve the environmental objectives established pursuant to Article 4. A programme of measures shall be part of each river basin management plan in accordance with Article 16. In drawing up and carrying out these programmes, Member States shall adhere to the environmental results required pursuant to Directive 76/464/EEC.`

2. In paragraph 3, point (a), the second subparagraph is replaced by the following:

'For basic measures covering elimination of pollutants, a combined approach shall be applied, using control of pollution at source through the setting of emission limit values or equivalent controls and the setting of environmental quality standards for the pollutants concerned.`

3. In paragraph 3, point (d) is replaced by the following:

'(d) the following measures shall apply to all bodies of water having a status "below good":

(i) more intensive monitoring of the extent and nature of the pollution within the body of water;

(ii) establishment of environmental quality standards for the pollutants thus identified, designed to ensure that the objective set pursuant to Article 4 in respect of ecological status is achieved by 31 December 2010. These standards must be at least as stringent as the standards established in Annex IX or pursuant to Article 21 (6) or in other relevant Community legislation;

(iii) investigation of the source of pollution;

(iv) immediate review of all relevant authorizations and discharge permits followed by action on the basis of the level of risk involved;`.

4. In paragraph 3, point (f) is replaced by the following:

'(f) a requirement for prior authorization, or registration based on general binding rules, of all process discharges liable to contain significant quantities of any pollutant, in particular those listed in Annex VIII, and for prior authorization, prior regulation or registration based on general binding rules of all other activities or groups of activities having a potentially significant adverse impact on the status of water, where such prior authorization, regulation or registration is not otherwise provided for under other Community legislation. The provisions of the authorization, regulation or general binding rules shall be such as to ensure that the obligations of this Directive are satisfied. The authorization, regulation or general binding rules shall be periodically reconsidered and, where necessary, updated. For process discharges, the authorization or the general binding rules shall lay down emission limit values or equivalent controls for the pollutants concerned.`

5. In paragraph 3, the following points (h) and (i) are added:

'(h) the emission limit values or equivalent controls and the quality standards set out in the Directives listed in Annex IX and the measures adopted pursuant to Article 21. Unless otherwise required by the Directives themselves, the emission limit values set out in the Directives listed in Annex IX must be complied with by the date on which the programme of mesures is made operational, namely by 31 December 2007;

(i) such measures as are required to fulfil the obligations for territorial and other marine waters in point (e) of Article 4 (1).`

6. Paragraph 4 is replaced by the following:

'4. Supplementary measures are those measures designed and implemented in addition to the basic measures in order to achieve the objectives set out pursuant to Article 4. The programme of measures shall include whichever supplementary measures are considered necessary in order to achieve those objectives, including those considered necessary to achieve the environmental quality standards established pursuant to point (d) (ii) of paragraph 3, notably in relation to sustainable water consumption. Part B of Annex VI contains a non-exclusive list of supplementary measures.`

Article 21

Article 21 is replaced by the following:

'Article 21

Strategies against pollution of water

1. The Council shall adopt specific control measures against pollution of water by individual pollutants or groups of pollutants presenting an unacceptable risk to the environment.

2. The Commission shall submit a proposal setting out a first priority list of substances by 31 December 1998. Substances shall be prioritized for action on the basis of risk to or via the aquatic environment, identified by:

(a) risk assessment carried out within the meaning of Council Regulation (EEC) No 793/93 (*), or

(b) targeted risk 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 assessment procedure 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;

(ii) evidence from monitoring of widespread environmental contamination;

(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 priority list by 31 December 2004, and every six years thereafter, and come forward with proposals as appropriate.

3. In preparing its proposal, the Commission shall take account of recommendations from the Scientific Committee for Toxicity and Ecotoxicity of Chemical Compounds, Member States, the European Parliament, the European Environment Agency, Community research programmes, international organizations to which the Community is a party, European business organizations including those representing SMEs, European environmental organizations, and of other relevant information which comes to its attention.

4. Where the substances on the priority list are not included in Annex VIII to this Directive or in Annex III to Directive 96/61/EC, they shall be added thereto.

5. For the substances on the priority list, the Commission shall submit proposals for controls on the principal sources of the emissions concerned. In doing so it shall take account of both product sources and process sources and shall identify the cost-effective and proportionate combination of controls. Where appropriate, action at Community level for process controls may be established on a sector-by-sector basis.

For process sources not controlled within the meaning of Directive 96/61/EC, process controls shall be emission limit values or equivalent controls based on the best available techniques. For installations controlled within the meaning of Directive 96/61/EC, the Commission shall consider the need for further controls, including action pursuant to Article 18 of that Directive.

Product controls may include:

(a) a review of the relevant authorizations issued pursuant to Council Directive 91/414/EEC (**) and European Parliament and Council Directive (Biocides) (***);

(b) the adoption of measures pursuant to Council Directive 76/769/EEC (****) or Council Regulation (EEC) No 2455/92 (*****);

(c) the adoption of measures pursuant to Council Regulation (EEC) No 880/92 (******);

(d) the adoption of other appropriate measures.

Each proposal for controls shall specify arrangements for their review and updating.

6. The Commission shall submit proposals for quality standards applicable to the concentrations of the priority substances in water, sediments or biota. In the absence of such standards established at Community level, Member States shall establish in the river basin management plan environmental quality standards for these substances for all waters affected by discharges of those substances.

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.

(*) OJ L 84, 5.4.1993, p. 1.

(**) OJ L 230, 19.8.1991, p. 1.

(***) Common Position (EC) No 10/97 (OJ C 69, 5.3.1997, p. 13).

(****) OJ L 262, 27.9.1976, p. 201.

(*****) OJ L 251, 29.8.1992, p. 13.

(******) OJ L 99, 11.4.1992, p. 1.`

Article 23

The following paragraph 3 is added:

'3. The Commission shall review the obligations of this Directive with regard to territorial and other marine waters by 31 December 2001 and at least every six years thereafter, in the light of scientific developments, with a view to the further integration within the scope of this Directive of the management of those waters. The Commission shall submit a report on its review to Council and to the European Parliament accompanied by any amendments to this Directive that it considers necessary.`

Article 26

The following indent is added:

'- Directive 76/464/EEC, with the exception of Article 6, which shall be deleted with effect from the entry into force of this Directive.`

ANNEX IX

is deleted.

ANNEX X

becomes ANNEX IX.

The title and introductory wording are replaced by the following:

'EMISSION LIMIT VALUES AND ENVIRONMENTAL QUALITY STANDARDS

The "limit values" and "quality objectives" established under the daughter Directives of the Dangerous Substances Directive (76/464/EEC) shall be considered emission limit values and environmental quality standards, respectively, for the purposes of this Directive. They are established in the following Directives:`

(1) OJ C 184, 17.6.1997, p. 20.