WRITTEN QUESTION E-0630/02

by Alexander de Roo (Verts/ALE)and Ria Oomen-Ruijten (PPE-DE) to the Commission

(6 March 2002)

Subject: Requirement to achieve results under the Water Framework Directive

On 23 October 2000, the Water Framework Directive entered into force. Member States are required to transpose it into national law in 2003 at the latest. In the Netherlands, the Ministry of

Transport and Public Works has drafted a bill for this purpose and placed it on the Internet (http://waterland.net/eu-water). The Explanatory Memorandum on the bill includes the following passage concerning the objectives of the Directive (Article 4): Article 4(1) of the Water Framework Directive requires Member States to make an effort to achieve good status for all surface waters, all groundwater and waters falling into the category of protected areas, and in addition to comply with all specific standards and objectives laid down in EC provisions relating to those areas, within 15 years of entry into force.

Thus the Netherlands is at present interpreting Article 4 purely as setting targets which Member States must strive to attain for surface waters, groundwater and protected areas. However, Article 4(1)(c) of the Framework Directive, relating to protected areas, reads: Member States shall achieve compliance with any standards and objectives at the latest 15 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.

The European Parliament considers that Article 4 of the Water Framework Directive institutes a requirement to achieve results. In view of the formulation used in Article 4(1)(c), this requirement particularly applies to protected areas.

What is the Commission's view of the Netherlands' interpretation of Article 4 (that it requires Member States to make certain efforts), as indicated by the Explanatory Memorandum on the draft bill? Does the Commission agree with the European Parliament that Article 4(1)(c) of the Water Framework Directive also lays down a requirement to achieve results in the case of protected areas?

Answer given by Mrs Wallström on behalf of the Commission

(26 April 2002)

The Water Framework Directive(1) sets the legally binding obligation:

- to achieve, as a rule, for all surface waters and groundwaters good status by 2015(2) at the latest, and

- to achieve for protected areas compliance with any standards and objectives by 2015 at the latest, unless otherwise specified in Community legislation under which the individual protected areas have been set up.

The objectives are set as legally binding, not just a direction to aim for. Possible derogations from achieving this objective are limited, and subject to complying with a set a mandatory conditions, as set out in Article 4 of the Directive, paragraphs 4 to 8: (4): extension of deadlines; (5): less stringent environmental objectives; (6): temporary deterioration; (7): derogation from achieving the objectives due to modifications of the physical characteristics, and derogation from the non-deterioration principle (change from high status to good status for surface waters) due to new sustainable development activities.

Any derogation for a particular body of water must not compromise the achievement of the objectives of the Directive in other bodies of water within the same river basin district, and has to be consistent with other Community environmental legislation (paragraph 8).

Member States have the obligation to transpose the Directive into national legislation within three years after coming-into-force, i.e. by December 2003. Given this deadline, the Commission has so far not received any notification of transposition by Member States.

The Commission considers the Internet text referred to by the Honourable Members as a consultation document and will at this stage not comment on it.

(1) 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.

(2) 15 years after the entry into force of the Directive, i.e. 22.12.2015.