WRITTEN QUESTION P-2689/99

by Ingo Friedrich (PPE-DE) to the Commission

(11 January 2000)

Subject: Establishing a framework for Community action in the field of water policy (COM(98) 76): pollutants (Article 2(27) in conjunction with Annex VIII)

1. Is it correct to say that when Bentonite or similar natural substances are used in civil engineering, applying the best available technology (BAT), groundwater is unlikely to suffer lasting effects?

2. Is it correct to say that, when considering the term Material in suspension, as referred to in Annex VIII, point 10, a distinction has to be made between materials that could damage the environment and materials consisting mainly of, for example, natural clay minerals (as does Bentonite) and consequently harmless from the environmental point of view?

3. Would it be contrary to the water framework Directive if, to clarify the law, the term Material in suspension in Annex VIII, point 10, were described more specifically as Suspensions containing environmentally harmful material in suspension, or should such additional detail be laid down in the water legislation of the individual Member States?

4. Should further discussions fail to produce a more clear-cut definition of the term Material in suspension in Annex VIII to the proposed water framework Directive, would the Member States then be required, so as to enable Bentonite or similar materials to be used, to make provision in their national law to replace prior authorisation with generally binding rules, having regard to Article 13(3)(f) of the Directive?

Answer given by Mrs Wallström on behalf of the Commission

(4 February 2000)

Civil engineering works in particular affect the groundwater in a number of different ways, but normally only temporarily. Following extensive consultations, it has been concluded that a derogation from the general ban on discharges into the groundwater should be allowed for many of these effects. For this reason, both the amended proposal of the Commission of 17 June 1999 for a European Parliament and Council Directive establishing a framework for Community action in the field of water policy(1) and the common position of the Council of 20 October 1999 on a European Parliament and Council Directive establishing a framework for Community action in the field of water policy 9085/3/99(2) allow the Member States to grant derogations in such cases. Since the Member States and their regions display variations in terms of geology, hydrology and water resources, it makes sense to leave this question to the Member States, but to lay down the criteria in Community legislation.

The Commission does not share the view that materials in suspension consisting of natural clay minerals are in themselves harmful to the environment. Chemically and biologically inert materials in suspension can also cause considerable harm to the environmental quality of the water, e.g. by covering the biocoenoses of the microfauna and microflora in surface waters and by damaging spawning grounds.

If Parliament and the Council adopt the proposal for a Directive as described above, it will be for the Member States to decide whether and to what extent they apply the derogations. In its opinion (first reading) of 11 February 1999 on a Directive establishing a framework for Community action in the field of water policy(3), Parliament attached particular importance to the criteria for derogations. The possibility for Member States to grant derogations from the prohibition on direct discharges into the groundwater in this and some other cases is contained in Article 11(3)(g) of the Council's common position.

(1) OJ C 342 E, 30.11.1999.

(2) Not yet published in the Official Journal.

(3) OJ C 150, 28.5.1999.