WRITTEN QUESTION E-0257/03

by Caroline Jackson (PPE-DE) to the Commission

(5 February 2003)

Subject: Health conditions on French canals

Pleasure craft on the French Canal Rhin au Marne and the Canal du Nivernais in 2002 apparently had to pump out toilets directly into the canals because the French authorities have not positioned pumping-out facilities along the canals for the boats to use. Can the Commission confirm that the system contravenes existing EU law, and will it now take the matter up with the French authorities?

Answer given by Mrs Wallström on behalf of the Commission

(17 March 2003)

Relevant pieces of Community environmental legislation in the case of waste water discharges to waters are the Urban Waste Water Treatment Directive(1), the Water Framework Directive(2) and the Bathing Water Directive(3).

The Urban Waste Water Treatment Directive covers in its scope discharges of more than 2000 inhabitants or the equivalent in waste water. Discharges below this threshold, e.g. from smaller settlements, individual houses outside areas of concentration, or pleasure crafts are not covered by the Directive and thus fall under the responsibility of Member States, following the principle of subsidiarity.

Under the Water Framework Directive, the Union has recently restructured and expanded its water protection policy, protecting all waters and addressing all sources of impact, with an obligation to achieve good quality (good status) for all waters by 2015, and providing one coherent managerial framework for the implementation of all water-related Community legislation. This environmental objective and deadline are complemented by mandatory preparatory

steps, such as first analysis of pressures and impacts by December 2004, upgrading the monitoring system by December 2006 and establishing the necessary measures within a river basin management plan by December 2009.

Discharges from pleasure crafts will, as indeed all other sources of impact, have to be assessed and integrated into the measures under a river basin management plan. Within the binding objective of achieving good status those measures might entail restrictions and/or bans to discharges from a range of sources. The Commission is aware of the fact that current national and/or regional legislation as regards discharges from pleasure crafts provides for a range of approaches, from a total ban on any discharges via a ban on toilet discharges, but allowing for kitchen discharges, to no regulation at all. One of the key principles of the Water Framework Directive is to achieve ambitious and comparable water quality standards across Europe, whilst allowing flexibility as regards the tools how to achieve this environmental objective.

The Commission will, in its role as Guardian of the Treaties, carefully observe the appropriate implementation of the Directive within the set deadlines, and where appropriate take adequate action including infringement procedures. At the same time there is, for the implementation of the Water Framework Directive, very close co-operation on implementation between Commission, Member States and Candidate Countries to facilitate a targeted implementation and make best use of available experience and resources.

As for the Bathing Water Directive, it addresses water quality at locations regularly used by a large number of bathers. For these approximately 20 000 locations (amongst them more than 6 000 on inland freshwaters) legally binding quality objectives are set by the Directive, and regular sampling and monitoring of bathing water quality is ensured. The Commission publishes a Union-wide report annually, both in print and on the Internet, serving as a source of information for citizens but also contributing to awareness in case of non-compliance. The Commission is closely following the cases of non-compliance with set quality standards, and acting accordingly.

In conclusion, based on the facts provided in the question by the Honourable Member, the Commission does not consider currently applicable Community environmental legislation infringed, and therefore does not see a possibility for legal action by the Commission. In the case of receiving specific information as regards bathing waters, the Commission would, in line with established practice, take all appropriate steps.

(1) Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment OJ L 135, 30.5.1991.

(2) Directive 2000/60/EC of the Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy OJ L 327, 22.12.2000.

(3) Council Directive 76/160/EEC of 8 December 1976 concerning the quality of bathing water OJ L 31, 5.2.1976.