COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT - European Community Water Policy
Date: 1996-02-21
Institutions: European Commission
Subjects: EU policy, environmental protection, sustainable development, water management, water resources

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels,  21.02.1996 
COM(96) 59  final 

COMMUNICATION  FROM  THE  COMMISSION 
TO THE COUNCIL  AND THE  EUROPEAN  PARLIAMENT 

European  Community  Water  Policy 

Commission  Communication  to the  Council  and  to  Parliament 

European  Community  Water  Policy 

Contents 

1. Introduction 

2.  Water  and water  policy 

3.  The  objectives  of  a sustainable water  policy 

4. The  challenges 

4.1  Pollution 

4.1.1  Point source pollution 
4.1.2 Diffuse source pollution 
4.1.3 Accidental pollution 
4.1.4 Acidification 
4.1.5  Eutrophication 

4.2  Water Shortages 
4.3  Other adverse anthropogenic influences 

5. The  principles  of  European  Community  water  policy 

5.1  High level of protection 
5.2  Precautionary principle 
5.3  Preventive action 
5.4  Damage to be rectified at source 
5.5  Polluter pays 
5.6  Integration 
5.7  The use of available scientific and technical data 
5.8  The variability of environmental conditions in the regions of the 

Community 
5.9  Costs/benefits 
5.10  The economic and social development of the Community and the 

balanced development of its regions 

5.11 International cooperation 
5.12  Subsidiarity 

6.  Existing  EC legislation 

7.  Specific  issues in water  management 

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7.1  The  Emission  Limit  Values  approach  and  the  Environmental  Quality 

Objectives  approach 
7.2  Designation  of  "Zones" 
7.3  Water  quantity 
7.4  Monitoring  requirements 
7.5  Reporting  obligations 
7.6  Transparency,  public  participation  and  accountability 
7.7  Integrated  water  resource  management 
7.8  River  Basin  Management 

8.  Discussion 

9.  Outline  of  a  Water  Resources  Framework  Directive 

10.  The  procedural  implications 

Existing  EC  Legislation  and  Related  Community  Policy 

1.  European  Community  water  legislation 

1.1  The  Surface  Water  Directive 
1.2  The  Bathing  Water  Directive 
1.3  The  Dangerous  Substances  Directive 
1.4  The  Information  Exchange  Decision 
1.5  The  Fish  Water  Directive 
1.6  The  Shellfish  Water  Directive 
1.7  The  Groundwater  Directive 
1.8  The  Drinking  Water  Directive 
1.9  The  Urban  Waste  Water  Treatment  Directive 
1.10  The  Nitrates  Directive 
1.11  The proposed  Ecological  Quality  of  Water  Directive 

2.  Closely  related  European  Community  legislation 

2.1  The  Sewage  Sludge  Directive 
2.2  The  Reporting  Directive 
2.3  The proposed  Integrated  Pollution  Prevention  and  Control  Directive 
2.4  The  Plant  Protection  Products  Directive  and  the proposed  Biocides 

. . .. 

Directive 

2.5  The  Detergents  Directives 
2.6  The  Major  Accidents  (Seveso)  Directive 
2.7  The  Habitats  and  Birds  Directives 
2.8  The  Environmental  Impact  Assessment  Directive 

3.  Other  European  Community  policy  with  an  impact  on  water  management 

issues 

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1.  Introduction 

In June  1995 the  Council  and  the  Environment  Committee  of  the  European  Parliament 
called  for  a  fundamental  review  of  Community  water  policy. 

This  Communication  concentrates  on the  Commissions  approach  to  water  protection,  but 
should  not  be  seen  in  isolation.  In particular,  it  should  be  seen  as a development  of the 
water  protection  elements  of the  Commission's  5th Environment  Action Programme1. 

This concentration  on environmental  aspects  of water  policy  is reflected  in the  main 
conclusion  of  the  Communication;  the  need  for  a Water  Resources  Framework  Directive. 
However,  there  are many  other  issues which  could  be dealt  with  under  the title  of  "Water 
Policy"  and  which  are  not  dealt  with  in any depth  in this  strategy  paper.  These  include 
broader  questions  relating  to the  interface  between  water  management  and  land-use 
planning,  questions  relating  to the  use  of  Community  financing  for  water  protection  and 
water  infrastructure,  as well  as the whole  area  of research  in  all  these  fields.  These  issues 
are  important  ones and  any  comments  on them  will  be welcome,  but  they  do  not  form  the 
principal  subject  matter  of this  Communication. 

2.  Water  and water  policy 

Water  is traditionally  divided  into a large number  of  categories.  Distinctions are made 
between  fresh  water,  marine water  and brackish  water,  between  groundwater  and  surface 
water,  between  rivers,  lakes, estuaries,  coastal  waters  and  open  sea etc.  Distinctions  are 
also  made  between  waters  identified  for  specific  economic  uses or having  particular 
conservation  value.  Yet water  does not  recognise  such  distinctions;  it  flows  freely  between 
the various  categories,  and  any  attempt  to  manage water  resources  must  recognise  and 
come to terms with that  fact. 

Although  it  is useful  to divide  waters  up  for  administrative  purposes,  it  is important  to 
bear  in  mind  that  water,  whatever  its form,  performs  a number  of  different  functions,  often 
simultaneously.  Water  is a basic human  need  for  drinking,  preparing  food  and  washing. 
It  is also  an  economic  resource  contributing  to broader  human  needs  in terms  of  fisheries, 
agriculture  (including  irrigation),  industry  (including  use  in  processing  and  industrial 
cooling)  , transport  and  recreation.  It  is a vital  element  of  every  ecosystem  and  every 
landscape  as well  as forming  distinctive  environments  in  its own  right.  It  can  also 
represent  a threat  in the  form  of  floods  or,  in the case of  its absence,  of droughts. 

COM  (92)  23  final,  27.3.1992 

1 C 

3.  The objectives  of  a sustainable water  policy 

A sustainable  water  policy  must  achieve  a number  of  objectives  and  must  do  so in a cost-
effective  and  efficient  manner: 

1. 

2. 

3. 

It must  provide  a secure  supply  of  drinking  water.  The  drinking  water  must  be 
safe  and  it must  be provided  in  sufficient  quantity  and  with  sufficient  reliability. 

In  addition to drinking  water  needs, water resources  should  be of  sufficient  quality 
and  quantity  to  meet other  economic  requirements.  They  should  be  suitable  for  the 
abstraction  needs of  industry  and  agriculture  and  they  should  be able to  sustain 
fisheries,  transport  and  power  generation  activities  as well  as meeting  recreational 
needs.  In  some cases these  users are provided  through  the drinking  water  network 
and  the water  supplied  must therefore  meet drinking  water  standards. 

The  quality  and  quantity  of water  resources, together  with  the physical  structure  of 
the  aquatic  environment,  should,  in all  but  exceptional  cases, be  sufficient  to 
protect  and  sustain the  good  ecological  state and  functioning  of the  aquatic 
environment  as well  as meet the water  needs of  wetland  and  terrestrial  ecosystems 
and  habitats.  Provision  should  also  be made to protect  waters  of  exceptional 
quality  or  interest. 

4. 

Water  should  be managed  so as to prevent  or reduce  the  adverse  impact  of  floods 
and  minimise  the  impact  of droughts. 

It  is self-evident  that these  four  objectives  of  water  policy  will  not  always  be  mutually 
compatible  and that  a sustainable  water  policy  is therefore  one  which  achieves a  sensible 
balance  between  them.  The third  objective,  that  of environmental  protection,  is 
particularly  vulnerable  and  in need  of  special  attention. 

4.  The  challenges 

Meeting  the  above  objectives  involves  overcoming  a number  of  challenges: 

4.1 Pollution 

Pollution  is defined  (in the Integrated  Pollution  Prevention  and  Control  Directive2, 
common  position)  as  "the direct  or  indirect  introduction  as a result  of human  activity,  of 
substances,  vibrations, heat  or noise  into the air,  water  or  land which  may be harmful  to 
human  health  or the quality  of the  environment,  result  in damage to  material  property,  or 
impair  or  interfere  with  amenities  and  other  legitimate  uses of the  environment."  Pollution 

Not  yet published  in OJ. 

is normally  characterised  as  "point  source" or  "diffuse  source"; these  two  categories and 
three  specific  variations  are discussed  below. 

Dangerous  substances  and  preparations  are  subject  to classification  based  on an  evaluation 
of  risk  to,  inter alia, the  aquatic  environment.  Progressive  reduction  in  the emission  of 
such  substances  will  contribute  to the protection  of the environment  and  of  the  aquatic 
environment  in particular.  In  some cases the best way to reduce  the emission  of  certain 
particularly  hazardous  substances  may  be to reduce  or prohibit  their  use. 

4.1.1  Point source pollution 

Point  source  pollution  usually  refers  to  inputs of pollutants  into  the  aquatic 
environment  from  individual,  usually  identifiable,  discharge  points.  It can  include 
discharges  of  industrial,  domestic  or municipal  waste water,  urban run-off,  and, 
depending  on the  definitions  used,  leakage  from  storage tanks,  industrial 
installations,  farmyards  and  landfill  sites.  The problems  caused  will  depend  on the 
nature  of the  pollutant:  they  can  make water  unsuitable  or  less  suitable  for  use  as a 
source  of  drinking  water; they  can  make  it unsuitable  for  certain  production 
processes  or present  a potential  health  hazard  to the user  of the water  or to the 
consumer  of  products  exposed  to the water,  or they  can  impact  upon  the  ecosystem 
through  their  toxic  effect  on plants and/or  animals  or by disrupting  the 
environmental  balance.  Such pollution  can accumulate  in the water  body  over 
many  years or  it can  fluctuate  depending  on the nature  of the pollution  and  the 
regenerative  power  of the water  body  concerned. 

4.1.2  Diffuse source pollution 

Broadly  speaking,  diffuse  pollution  refers  to  inputs of pollutants  into the  aquatic 
environment  from  a number  of widely  scattered  points which  are often  difficult  to 
identify  or  control.  This includes agricultural  pollution  and  pollution  which  is 
precipitated  from  the atmosphere  (though  the  original  source  might  be  a diffuse  one 
such  as traffic  exhausts or  it might  be point  sources  such  as power  station 
emissions).  Diffuse  sources also  include pollution  caused  by the  consumption  of 
products  by  industry  or by the  general  public.  The distinction  between  point 
sources  and  diffuse  sources can  sometimes  be  a subtle  one  and  different  authorities 
may  disagree  occasionally  on the  classification  of  a particular  source  of  pollution. 
The  problems  associated  with  diffuse  pollution  are much the  same as for  point 
source  pollution,  the crucial  difference  lying  in the choice  of tools  for  tackling  the 
pollution  source. 

4.1.3 Accidental pollution 

Accidental  pollution  is usually  a release  of pollutants  from  a point  source  at 
unintentionally  high  levels due to an accident  or unforeseen  circumstances.  The 
impact  on the environment  and on the potential  uses of the  polluted  water  body  is 

much  the  same  as  for  point  source  pollution  generally,  but  with  the  potential  for 
more  dramatic  effects  and,  possibly,  catastrophic  results. 

4.1.4  Acidification 

Acidification  is  a  particular  form  of  diffuse  pollution  resulting  from  the  emission  of 
pollutants  such  as  S02,  NOx  and  ammonia  into  the  air.  The  resulting 
precipitation,  which  can  fall  thousands  of  kilometres  from  the  source  of  pollution, 
is  acidic  and  the  impact  on  water  bodies  is  to  produce  rivers  and,  particularly,  lakes 
with  a  significantly  reduced  pH.  This  seriously  disrupts  the  natural  ecosystem  and, 
in  extreme  cases,  can  lead  to  the  death  of  the  lake  concerned.  Acidification  can 
also  affect  groundwater  via  the  soil.  There  is  a  limit  to  the  degree  to  which  water 
management  policy  can  tackle  the  sources  of  acidification  and  the  solution  to  the 
problem  must  be  addressed  through  measures  to  tackle  air  pollution.  The 
Commission  Acidification  Strategy  will  address  many  of  these  issues. 

4.1.5  Eutrophication 

Eutrophication  is  caused  by  pollution  of  water  bodies  with  nutrients.  The  high 
level  of  nutrients  can  lead  to  an  excessive  growth  of  algae  at  the  expense  of  the 
natural  plant  and  animal  community.  The  oxygen  demand  created  by  the  algal 
biomass  or  resulting  from  its  decomposition  can  disrupt  the  natural  balance  of  the 
ecosystem.  Extreme  cases  lead  to  high  levels  of  mortality  of  aquatic  organisms. 
It  is  possible  that  eutrophication  may  also  contribute  to  blooms  of  toxic  algae.  The 
source  of  nutrients  may  be  a  variety  of  point  and  diffuse  sources,  including 
farming,  urban  waste  water  and  atmospheric  deposition 

4.2  Water  Shortages 

Water  levels  in  rivers,  lakes  and  groundwater  aquifers  fluctuate  naturally.  Some  rivers  and 
lakes,  particularly  in  the  southern  part  of  the  Community,  dry  out  naturally  during  certain 
periods  of  the  year.  However,  high  levels  of  abstraction  of  water  for  drinking  water, 
tourism,  agricultural  irrigation  or  industrial  uses  can  dramatically  reduce  flows  or  prolong 
the  periods  of  drying  out.  Some  of  these  uses  have  strong  seasonal  fluctuations  (eg 
summer  tourism).  In  the  case  of  groundwater,  such  activities  can  lower  water  tables  to  the 
point  where  there  are  acute  shortages  of  water  for  all  uses  and  where  aquatic  habitats  are 
damaged  or  destroyed.  Such  lowerings  of  the  water  table  can  also  lead  to  damage  to  the 
aquifer  and  to  the  encroachment  of  salt  water  into  coastal  aquifers  and  their  resulting  loss 
as  sources  of  drinking/irrigation  water.  These  effects  can  occur  as  a  result  of  sustained 
high  levels  of  abstraction  or  from  changes  in  the  demand  for  water  due  to  new  or 
increased  economic  activity.  Artificial  reductions  in  river  flow  rates  can  also  have  a 
significant  impact  on  their  value  as  habitats,  either  changing  the  nature  of  the  plant  and 
animal  communities  to  ones  that  can  survive  on  a  lower  flow  or,  in  extreme  cases,  drying 
up  river  beds  and  completely  destroying  the  aquatic  environment.  Low  water  levels,  either 
in  groundwater  or  in  surface  water  also  impact  on  non-aquatic  environments  and  can  have 

effects  ranging  from  the drying  out of  wetlands to  soil  erosion  and  desertification. 

It  should  not  be  forgotten  that  climate  change  has the potential  to  cause  large  changes in 
the pattern  of  precipitation  and that this can  exacerbate  the problems  discussed  in the 
preceding  paragraph. 

4.3  Other adverse anthropogenic  influences 

The physical  characteristics  of rivers, lakes and  coastlines  have often  been altered  by man 
for  a variety  of  reasons; flood  protection,  the creation  of  waterways  for  transport,  the 
building  of  docks, bridges  and  roads, dredging,  land  reclamation  etc.  In  addition,  of 
course,  there  are  surface  water  bodies  which  are totally  artificial;  reservoirs  (for  water 
storage  and  for  hydro-electric  power), canals, drainage  ditches etc.  Furthermore,  certain 
economic  activities  which  take place  in the  aquatic  environment  can  also have  an  impact 
on that  environment,  for  example  fisheries,  aquaculture,  shipping  and  offshore  activities. 
Sometimes  these  activities have  been undertaken  to help achieve  one  or more  of the 
objectives  of  water  policy  mentioned  in  section  3 (eg the building  of reservoirs to  provide 
a  secure  drinking  water  supply), but they  are  not without  environmental  impacts of their 
own,  particularly  on the habitat  potential  of the waters  concerned. 

5. The principles  of European  Community  water  policy 

Community  policy,  and  environmental  policy  in particular,  aims to  achieve  sustainability. 
The principles  underlying  that  policy  are  set out  in Article  130r of the Treaty  and,  for  the 
sake of  clarity, they  are  set out  below, together  with  a non-authoritative  discussion  of  each 
principle  and  how  it applies to water  policy. 

5.1  High level of protection 

In the context  of  water  management,  this requires that the  level  of  protection  of  human 
health,  of  water  resources  and  of  natural  ecosystems  should  be ambitious,  aiming  at a high 
level  of  protection  rather  than  set at the  minimum  acceptable  level. 

5.2  Precautionary principle 

So much  of  the  science underlying  our  understanding  of water  systems  and,  in  particular, 
of the  impacts of  pollution  on human  health  and the health  of the  environment  is 
incomplete.  The  precautionary  principle therefore  requires that  policy  should  always be 
based  on  recognised  scientific  knowledge, but that  it  should  err  on the  side  of  caution 
whenever  there  are doubts or  insufficient  information 

5.3  Preventive action 

This  principle  recognises the  moral  duty  to prevent  damage to the  environment.  It  also 

recognises  the  difficulty  and  cost  of reversing  or  rectifying  damage to  the  environment. 
For  example,  once  a sensitive  aquatic  ecosystem  is destroyed,  in certain  cases,  it  may  be 
impossible  to  restore  it.  Once an aquifer  is contaminated  with  pesticide  residues,  in  certain 
cases,  it  will  take  decades to cleanse  itself  and,  in  the  meantime,  it  may  be  unsuitable  for 
use as a source  of  drinking  water  unless expensive  treatment  facilities  are  installed. 

5.4  Damage to be rectified at source 

This principle  follows  logically  from  that  of  "preventive  action",  but  applies once 
environmental  damage  has been  identified.  Wherever  possible,  action  should  be taken to 
discontinue  the  damaging  activity  rather  than  seeking technical  solutions to  solve the 
problem  "downstream". 

5.5  Polluter pays 

This principle  establishes that the cost  of measures to prevent  pollution  should  be borne by 
the  potential  polluter.  As such,  it helps prevent  distortions  in competition  by  ensuring  the 
internalisation  of  environmental  costs.  It also  establishes  that,  where  damage  occurs, the 
polluter  is liable  for  the  costs of any  damage  and  it therefore  acts as an incentive  towards 
the  effective  control  of  pollution  at  the  source.  As such,  the  "polluter  pays" principle  is 
clearly  linked  to the principles  of  "preventive  action" and  "rectification  of damage at 
source". 

5.6 Integration 

Water  policy  is an area which  illustrates the need to have  a coherent  and  effective 
coordination  of all  relevant  Community  policies.  However,  integration  is not just  a 
Community  responsibility.  Perhaps  the most  important  aspect  of  integration  is that  the 
implementation  of water  policy  at a local  or national  level  should  be done  in  a coherent 
and  fully  integrated  way  with  structures  established  to ensure  that  this takes place.  In 
particular,  it  is vital  that  activities  such  as land  use planning  and  river  management  should 
integrate  all  the  various  requirements  of different  policies  and  policy  objectives  and 
reconcile  them  in a logical  and  consistent  way, taking  into  account  local  circumstances. 
Considering  that  agricultural  pollution  and water  abstraction  for  irrigation  are  currently 
major  issues to be  addressed  in order  to achieve the objectives  of water  policy,  the 
integration  of  water  policy  concerns  into the  agricultural  policy  area  is  particularly 
essential. 

5.7  The use of available scientific and technical data 

The  importance  of this has already  been  mentioned  in the  context  of the  precautionary 
principle.  All  efforts  should  be  made to  make the best use  of the  available  knowledge 
base  on the  state  of the  environment  and the  impact  of human  activity  when  developing 
political  decisions  in this area.  Similarly,  one  should  make use  of the most  accurate 
information  on best  available  techniques  and on the various processes  involved  in the 

prevention  and  treatment  of  environmental  problems. 

5.8  The variability of environmental conditions in the regions of the Community 

Where  it  is necessary  for  the  protection  of human  health  or  where  particularly  dangerous 
or persistent  pollutants  are concerned,  it  is clear  that  common  Community  standards  must 
apply.  However,  Community  water  policy  must be  sufficiently  flexible  to  avoid  the 
imposition  of  inappropriate  or unnecessarily  strict requirements  simply  for  the  sake of 
"harmonisation".  Such  flexibility  would  also  ensure that,  where  a problem  (such  as 
eutrophication,  acidification  or  susceptibility  to drought)  is regionally  specific,  measures 
appropriate  to that  particular  area  can  be taken.  The  range  of environmental  conditions  in 
the  Community  is very  wide  and  Community  policy  must  take this  into  account. 

5.9 Costs/benefits 

In determining  the  specific  objectives  of environment  policy,  the Treaty  requires  that  both 
the costs and  the  benefits  of  action  or  inaction  are taken  into  consideration.  This  implies 
proportionality  between  the measures proposed  and their  impact  on the  environment. 

The  cost  effectiveness  of  individual  policy  options  in order  to  achieve  those  objectives  is 
also  important.  Requirements  for  investment  by  individuals, private  companies  and/or 
public  authorities  in order  to  comply  with  environmental  policies  must  be targeted  to the 
objectives  of  water  policy  and  with  a view to the cost-effectiveness  of the  measures.  Long 
term  benefits  and  long  term  environmental  consequences  of non-action  must  be  fully  taken 
into account,  as must  the  precautionary  principle.  This has been the  case  in recent 
legislation  such as the  Urban  Waste  Water  Treatment  Directive3  and the Nitrates 
Directive4.  It  is further  acknowledged  in the  use of  framework  directives  which  allow 
local  solutions to  local  problems  and  often  allow  a higher  ratio  of benefits  to costs. 

A cost-effective  strategy  implies the need  to  assess  from  an economic  perspective  the 
advantages  and  disadvantages  (in  terms of emission  reduction,  or quality  improvement,  per 
unit  of cost)  of the three  basic  sets of  policy  instruments: 

regulations  and  standards  (the traditional  EC  approach) 
new technology  (related  to the  above) 
internalization  of external  pollution  costs through  pricing  and  market-based 
incentives. 

These  sets of  policy  instruments  are not mutually  exclusive  and  can be used  as 
complementary  or  alternative  measures depending  on their  relative  cost-effectiveness  to 
address water  pollution  as well  as water  scarcity  issues 

3O J N oL  135, 21.5.1991, p. 40. 

4O J N o L 3 7 5,  31.12.1991, p.  1. 

7 

5.10  The  economic and social development of the Community and the  balanced 
development  of its regions 

This principle  is tied  in closely  with  the  principle  of  integration.  It confirms  that  water 
policy  is not  to  be seen  in  isolation,  but  as a contributory  clement  in the  wider  search  for  a 
balanced  and  sustainable  economy. 

It  should  be  emphasised  that economic  and  social  issues relating  to regional  development 
are  of crucial  relevance  for  water  policies,  since water  is a crucial  factor  in  creating 
favourable  conditions  for  a sustainable  development.  However,  a sustainable  increase  in 
the  quality  of  fresh  water  reserves and  a long term  capacity  to meet  the demand  for  water 
require  a global,  forward-looking  management  of river  basins,  surface  waters and 
groundwater. 

This  Communication  does not,  and  can  not, deal  fully  with the whole  range  of  issues 
which  could  be considered  in the relationships  between  water  policy  and the  wider  need 
for  economic  and  social  development.  These  issues fall  outside the  immediate  scope of 
this paper,  but  are  important  nonetheless  and the Commission  will  welcome  any  comments 
on them. 

5.11  International cooperation 

The  need  for  international  cooperation  in environmental  policy  is recognised  by the  Treaty, 
both  in terms  of  Community  action  and  in terms  of cooperation  with third  countries. 
This  is particularly  true  of water  management  policy  where the coordination  of  actions 
within  international  river  basins  and  for  the protection  of marine  waters  is vital  for  the 
efficient  management  of those resources. 

5.12  Subsidiarity 

The  principle  of  subsidiarity  is established  in Article  3b of the Treaty.  It requires that 
measures which  can  be undertaken  most  effectively  at Member  State  level  should  not be 
undertaken  at Community  level.  This refers  not  only to the question  of  whether  particular 
issues  should  be dealt  with  by the  Community,  but  also, when  Community  action  is 
necessary,  how  much  of the details of  implementation  should  be  left  to  Member  States. 

In  the  field  of water  policy,  the reasons  for  Community  action  can  include  the  possibility 
of market  distortions  due to widely  varying  standards  in the  implementation  of  policy. 
They  can  also  include  the necessity  for  environmental  data to be  comparable  across the 
Community  and  the  consequent  need  for  transparency.  Most  importantly,  they  can be  for 
operational  reasons to ensure the  coordination  of measures to deal  with  international  waters 
and transfrontier  pollution. 

6.  Existing  EC  legislation 

The principles  set out  in the  Treaty  underlie  all  EC water  legislation.  The  Annex to this 
Communication  sets out  a short  outline  of the objectives  and  key  features  of  each  piece of 
existing  and  proposed  Community  legislation  with  a major  impact  upon  water  policy  and 
provides  some  commentary  on them.  The  comments  in the  Annex  should  therefore  be 
read  together  with  the  main text  of this  Communication.  The  references  in the Annex to 
the  "Framework  Directive"  refer  to the proposal  outlined  in  Section  9. 

The  legal  framework  for  water  management  policy  in the  Member  States  of the 
Community  consists  of  a combination  of  measures  derived  from  Community  legislation 
and  national  measures.  The  Community  measures  have been  adopted  over  a period  of 
time  since  the early  1970s, originally  under  Articles  100 and  235  of the  Treaty,  but,  more 
recently,  under  Article  130s.  All  existing  EC water  legislation  pre-dates  the Treaty  on 
European  Union  and  was adopted  by  unanimity  under  Articles  100 and  235  or  under  the 
previous  version  of  Article  130s. 

It  is worth  noting  that,  since the  Treaty  on European  Union,  Article  130s contains  three 
different  procedures  depending  on the  nature  of the  subject  matter  of the  proposed  action. 
Article  130sl  covers  most  water  legislation  and  requires  cooperation  with  Parliament  and a 
qualified  majority  in Council.  Article  130s2 covers  inter alia the  "management  of water 
resources"  and  requires  consultation  of  Parliament  and  unanimity  in  Council.  Article 
130s3 covers  general  action  programmes  and  requires codecision  with  Parliament  and a 
qualified  majority  in  Council. 

7.  Specific  issues  in water  management 

This  section  of the  Communication  will  look  at  some of  the wider  issues which  emerge 
from  the comments  in the  Annex  and the application  of the principles  set out  in  Section 
five. 

7.1  The Emission Limit  Values approach  and the Environmental Quality Objectives 
approach 

Point  source pollution  control  is one  of the most  developed  elements  of water  management 
simply  because  point  source pollution  is one of the easiest  problems  to recognise  and  the 
easiest  to take  action  against.  The  details vary  from  country  to  country,  but the  basic 
principle  has been  to require  industries  or  activities which  are known  to  contribute  to water 
pollution  to be  licensed  in  some manner  and to make pollution  control  a condition  of that 
licence.  This  is normally  expressed  in terms of  "emission  controls"  setting  limits  on how 
much  pollutant  may  be discharged  into the water  body. 

Questions  begin  to arise when trying  to establish  what  is the required  level  of  emission 
control.  Historically,  this has led to  lengthy  debates  in which the two  extreme  viewpoints 

might  be described  as the  "environmental  quality  objectives  approach"  and  the  "emission 
limit  values  approach".  The first approach  is to estimate  the pollution  concentration  which 
is tolerable  or  acceptable  in the  particular  body  of  water  and  set emission  limits  designed 
to ensure  that  the threshold  is not  breached.  The second  approach  is to estimate  the 
maximum  level  of reductions  which  could  reasonably  be expected  given  current 
technology  and  a certain  level  of costs and to  set the emission  limit  values  accordingly. 
The emission  limit  value approach  is often  linked  to the  use of  "Best  Available 
Techniques"  (BAT), though the  degree  of  flexibility  in  interpretation  of what  is "best" and 
what  is  "available" can be considerable. 

In practice,  neither  of the two  extremes  offers  an ideal  solution.  Environmental  quality 
objectives  alone  are often  insufficient  to tackle  serious pollution  problems  and  can be 
abused  as a  "licence to pollute" up to  a defined  level.  Likewise, a strict  emission  limit 
values approach  based  on  BAT can  in  some circumstances  lead  to unnecessary  investment 
without  significant  benefits  to the  environment. 

More  recent  Community  legislation  takes the emission  limit  value  approach  as its point  of 
departure.  This  is consistent  with the precautionary  principle  and  establishes that  industry 
should  be responsible  for  reducing  emissions  as far  as reasonably  possible.  However, 
there  will  be occasions when  such measures are  inadequate  to  protect the  environment  and 
in those  circumstances  reductions  of emissions beyond  BAT, as described  above, will  be 
necessary.  On  the other  hand,  there  will  also be occasions  when  the  environmental 
benefits  of  applying  the  generally  applied  BAT norms can not justify  the  cost. 

The  Community  approach  can be  illustrated  using the Urban  Waste  Water  Treatment 
Directive  and  the proposed  Integrated  Pollution  Prevention  and  Control  Directive.  The 
first of these  establishes  a high  level  of treatment  for  urban  waste  water  based  on  technical 
considerations,  but  when  the  plant  is discharging  into  a  "sensitive"  area  it requires  even 
stricter  measures and  when  it  is discharging  into  a  "less  sensitive"  area  it allows  a simpler 
and  cheaper  solution.  The  common  position  on the  Integrated  Pollution  Prevention  and 
Control  Directive  requires the competent  authorities  to establish  emission  limit  values  for 
the  industries  concerned  "based  on the best  available  techniques."  However,  when this  is 
not  sufficient  to meet  environmental  quality  standards  "additional  measures  shall  be 
required".  Conversely,  when  local  circumstances  allow  less  stringent  measures  whilst 
maintaining  a high  level  of protection  for  the environment,  the  emission  limit  values can 
take  into  account  the  "geographical  location  and the  local  environmental  conditions." 

The  different  elements  of this approach  have  not  always been  combined  in  a single 
directive.  For  example, the  Bathing  Water  Directive  and  the proposal  for  an  Ecological 
Quality  of  Water  Directive  do not  set emission  limit values, but  are principally  concerned 
with  identifying  the  occasions  when  additional  measures  are necessary  in order  to  meet 
established  quality  criteria. 

In practical  terms, the existence  of environmental  quality  objectives  allows  authorities  to 
judge  the  effectiveness  or  otherwise  of the emission  limit  values  adopted  and  whether  they 

10 

need  to  be  tightened.  Conversely,  controls  on  emissions  (usually  based  on  BAT)  are  the 
key  element  of  any  strategy  to  ensure  compliance  with  environmental  quality  objectives. 
The  two  approaches  are  therefore  complementary  and  not  contradictory. 

Pollution  control  in  Community  water  policy  therefore  has  elements  of  the  environmental 
quality  objectives  approach  and  of  emission  limit  values  derived  from  an  assessment  of 
what  is  technologically  possible. 

It  should  be  underlined  that  quality  objectives  can  be  expressed  in  different  ways.  One 
approach,  which  has  been  generally  followed  in  EC  legislation  in  the  past  (eg  the 
Fishwater  Directive),  is  to  set  common  parametric  values  at  a  Community  level  which  are 
implemented  by  all  the  Member  States.  The  second  approach  is  to  set  common  criteria  to 
be  used  for  the  establishment  of  parameters  and  values  at  a  national  and  local  level.  These 
common  criteria  would  prescribe  a  high  level  of  protection  as  laid  down  in  the  Treaty,  but 
would  allow  flexibility  to  adapt  to  the  very  different  environmental  conditions  in  different 
parts  of  the  Community.  This  was  the  approach  adopted  in  the  proposed  Ecological 
Quality  of  Water  Directive  and  is  the  Commission's  preferred  approach  for  the  Water 
Resources  Framework  Directive  described  in  section  9  of  this  Communication.  The 
Member  States  would  have  a  clear  obligation  to  comply  with  the  criteria  defined  at 
Community  level  and  this  approach  does  not,  therefore,  represent  a  lowering  of  standards 
in  any  way. 

Of  course,  the  above  arguments  also  apply,  mutatis  mutandis,  for  other  water  policy 
issues  such  as  water  abstraction  or  activities  having  a  physical  impact  upon  the 
environment. 

7.2  Designation  of  "Zones" 

The  principle  mentioned  in  section  5.7,  that  Community  policy  should  take  into  account 
the  environmental  conditions  in  the  various  regions  of  the  Community,  argues  against 
uniform  controls  applicable  in  all  circumstances  and  in  all  places.  In  the  case  of  water, 
and  particularly  in  the  case  of  water  resource  management,  it  may  make  sense  to  designate 
water  resources  which  are  worthy  of  particular  protection  in  terms  of  quality  or  quantity. 
This  may  be  because  they  are  sources  of  drinking  water  or  irrigation  water,  or  it  may  be 
that  they  are  particularly  sensitive  to  certain  types  of  damage.  It  is  also  recognised  that 
certain  habitats  are  particularly  valued  for  their  rarity,  their  beauty  or  for  some  other 
characteristic  worthy  of  protection.  In  these  areas  controls  may  be  stricter. 

There  is  perhaps  less  agreement  about  areas  which  are  "less  sensitive"  for  one  reason  or 
another,  but  such  measures  have  been  adopted  in  Community  legislation  (see  the  example 
of  the  Urban  Waste  Water  Treatment  Directive  in  section  7.1)  and  can  be  of  value  in 
giving  lower  priority  to  certain  areas  and,  hence,  by  implication,  giving  higher  priority  to 
areas  where  more  urgent  action  is  needed.  However,  this  approach  is  open  to  the 
possibility  of  abuse  and  must  be  used  with  care.  The  concept  that  different  areas  can  have 
differing  levels  of  protection  can  be  formalised  in  a  system  of  zoning. 

11 

7.3  Water quantity 

Integrated  water  management  would  be  incomplete  without  taking  water  quantity  issues 
into  account.  Water  quality  is intimately  linked  to  water  quantity.  Whether  water  is 
abstracted  for  drinking  water  purposes  or  for  other  reasons, the  quality  and  quantity  of the 
available  water  are of equal  importance.  Equally,  water  abstraction  has an  impact  on the 
water  quality  in the remaining  water  body  by  reducing  the dilution  capacity  of the water 
body.  Indeed,  when  water  supply  is low it is more  important  than  ever  to ensure  a high 
level  of protection  of the water  available. 

Obviously,  artificially  low water  levels also have a more  immediate  impact  on the  natural 
environment.  Quite  apart  from  their  obvious  economic  disadvantages,  low  levels of 
surface  water  and  groundwater  can  seriously  reduce the quality  of the  environment. 

A further  argument  in favour  of  Community  action  in this area  is the transboundary  nature 
of many  of the problems  associated  with  water  quantity  issues.  There  is not  very  much 
difference  from  a philosophical  point  of view between  activity  in one  Member  State that 
pollutes waters downstream  in another  Member  State  and  activity  that  leads to  very  low 
flows in  such waters. 

7.4  Monitoring requirements 

Water  management  is not possible  without  reliable  data  upon  which  to  base decisions. 
Most  EC water  legislation  includes  obligations  to monitor  the  quality  of the  relevant 
waters  and/or  to monitor  the  relevant  activities.  Member  States incorporate  such 
requirements  into their  national  or regional  monitoring  networks. 

As each  monitoring  requirement  in  EC  legislation  relates  to the  specific  subject  matter  of 
the  Directive  concerned,  it is perhaps  inevitable  that the  different  monitoring  requirements 
might  give the  impression  of  being  at odds with  each other.  However,  this  is  largely  a 
question  of  perception  and there  is relatively  little  by  way  of duplication  or  contradictory 
requirements.  This  is an  area  which  might  be examined  in  order  to  streamline  the 
requirements,  but  it  is not  an area  which  actually  seems to  cause too  many  problems  for 
Member  States on a day to  day  basis.  However,  if the concept  of  a wider  water 
framework  directive  mentioned  in Section  9 is accepted,  there  are  arguments  in  favour  of 
drawing  the  various  monitoring  requirements together  into  it as well. 

A  further  argument  in favour  of  such an approach  is the  need  for  comparability  of  data 
across  Europe.  The  European  Environment  Agency  is examining  ways in which  this can 
be  improved  and  the  Commission  will  work  closely  with the Agency  when  considering  the 
monitoring  implications  of the  Framework  Directive. 

12 

There  is also  scope for  including  more  information  on water  quantity  in the  monitoring 
data,  and  in particular  on the amount  of water  abstracted  and  used  for  various purposes. 

Data on  water  quantity  and  water  quality  should  be provided  on  a river  basin  basis (see 
also  section  7.8). 

7.5  Reporting obligations 

Member  States  are obliged  to report to the  Commission  on the implementation  of EC 
legislation  and  on the results  of  some of the monitoring  undertaken  under  it.  This  is an 
instrument  for  ensuring  compliance, but  it also  provides  an overview  of the  state  of the 
aquatic  environment  in the  Community.  This  information  is required  so that  it can  inform 
policy  making  and  assist  in a useful  exchange  of  information  and  experience  between  the 
authorities  in different  Member  States. 

Much,  though  not  all, of the reporting  of  EC water  legislation  comes under  the  Reporting 
Directive5  and  there  is therefore  already  a mechanism  in place to  streamline  reporting 
where  necessary. 

7.6  Transparency,  public participation and accountability 

There  is no justification  for  keeping  information  about  the  state of  the environment  secret 
or,  equally,  for  making  access to  such  information  difficult  or prohibitively  expensive. 
The  general  public  should  have a right  to  know the results of  monitoring  of the 
environment  and to have  it presented  to them  in an understandable  manner.  They  should 
have a right  to  be  informed,  in good  time, about  the policies  adopted  to protect  the 
environment  and  to have  an  informed  input  into the decision-making  process.  This right 
of  access applies  equally  to the  industries  concerned  by regulation  and  to  interested  parties 
representing  environmental  or  consumer  interests. 

It  is necessary  to ensure that,  within  a broad  common  framework  of  legislation,  Member 
States have  a considerable  amount  of  flexibility.  Public  participation  and  accountability 
help  ensure that  such flexibility does not  need  to  lower  standards.  Furthermore, a 
programme  of  measures  implemented  with  the  support  of the  interested  parties to tackle 
problems  which  they  understand  and  appreciate  has a greater  chance  of  success  than  one 
which  is imposed  without  explanation  or  justification. 

O J N oL  377, 31.12.1991, p. 48. 

13 

7.7  Integrated water resource  management 

The  Commission's  proposal  for  an  Ecological  Quality  of  Water  Directive6  contains a 
requirement  for  Member  States to draw  up integrated  programmes  containing  all  those 
measures  required  to  implement  the  Directive  together  with  those  measures  required  under 
other  EC and  national  water  legislation.  The  idea  is to achieve  an overview  of the 
measures  needed  to  achieve  all the various policy  objectives  in relation  to  a particular 
body  of  water.  This approach  allows a degree  of rationalisation  and  coordination  of the 
different  measures being  taken,  sometimes  by different  authorities, to  improve the  same 
body  of  water. 

The  integrated  approach  also helps make clear  that  measures taken  to  improve  surface 
waters  for  environmental  reasons contribute  to ensuring  that the rivers  and  lakes are better 
able to purify  themselves  and therefore  ensure the protection  of water  as an  economic 
resource. 

The concept  of  integrated  programmes  found  in the  Ecological  Quality  of  Water  proposal 
can  be extended  to a broader  concept  of  integrated  management  which would  include a 
greater  degree  of  integration  of the various monitoring  and  objective  setting  elements of 
water  policy. 

7.8  River Basin Management 

Rivers  and  lakes do  not  respect  political  or  administrative  frontiers  (though  they  often 
form  them).  The only  logical  unit  for  the  administration  or  coordination  of river 
management  is the river  basin,  that  is to  say the  area of  land  from  which  all  surface  run 
off  flows  through  a sequence  of  streams,  rivers  and  lakes  into the  sea at a single  river 
mouth  or  delta.  River  basins  are  referred  to by  a wide variety  of names  (eg  catchment 
area,  drainage  basin,  hydrographie basin  etc.), but  the underlying  principle  is much  the 
same.  Many  Member  States already  organise  their  water  management  to  a lesser  or 
greater  extent  in  administrative  units corresponding  to one  or  more river  basins.  Most of 
the  larger  transfrontier  European  rivers  are  subject  to  international  conventions  which 
allow  for  a greater  or  lesser  degree  of  coordination  of water  policy  between the  authorities 
in the different  countries  involved. 

River  basin  management  can be  administered  by  single  authorities  responsible  for  one or 
more  river  basins, or  it can be  organised  by coordinating  authorities  which  oversee  and 
coordinate  the  activities  of the various  administrative  bodies within  the river  basin. 

Groundwater  aquifers  do not  always  form  such easily  identifiable  units  and there  is no 
obvious  "natural"  administrative  unit  for  the management  of their  water  resources. 
Moreover,  their  catchment  areas do not  always coincide  with river  basins.  However,  for 

O J N o C 2 2 2,  10.8.1994, p. 6. 

14 

most  practical  purposes,  and  given the  importance  of  integrating  the  management  of 
groundwater  and  surface  waters,  it would  seem  logical  to  incorporate  them  both,  together 
with  coastal  water  near  river  mouths,  under  the direct  or  coordinating  control  of  a river 
basin  authority. 

This would  appear  to  be  a desirable  objective  which  would  allow  the  most  efficient  use of 
resources  and  the  most  effective  planning  of  water  management  measures. 

8.  Discussion 

This  Communication  has  looked  at the objectives  of water  policy  and  the  challenges that 
policy  makers  face.  It has examined  the principles  of  environmental  legislation  as laid 
down  in the  Treaty  and  it has looked  in  a little more  detail  at some  of  the  issues  which 
arise  in trying  to  implement  those  principles  in the water  sector.  The  Annex  to the 
Communication  contains  a summary  of the  main  pieces  of relevant  existing  or  proposed 
legislation,  together  with  a commentary  on each one  containing  some  suggestions  for  its 
future. 

What  conclusions  can  be drawn  from  the  above? 

Firstly,  it  is clear  that  Community  water  legislation  has had,  and  continues  to have, a 
positive  effect  on the  nature  of measures being taken to  protect  the  environment  and  upon 
the  level  of protection  which  has resulted.  The  Dobris  Assessment7  carried  out  by  the 
European  Environment  Agency  found  that  there  still  remained  much  to  be  done to  protect 
the  aquatic  environment  in  Europe,  but  it  also  pointed  to  recent  improvements  in  many 
areas where  EC  legislation  has had  an  impact.  In  other  areas, such  as excessive  water 
abstraction  or the pollution  of  surface  water  and  groundwater  by  nutrients  and  pesticide 
residues, the  trends  continue  to be worrying,  and the relevant  EC  legislation  is too  recent 
to  have  led  to  improvements.  However,  it  is important  to  note  when  considering  what 
improvements  can be made to the policy  and,  where there  have been  failures,  that  EC 
legislation  has, on the whole, had  a positive  impact  on water  quality  in the  Community. 
Nevertheless,  there  is, of  course, room  for  improvement. 

Water  policy  in the  Community  is an area of mixed  competence.  The  four  objectives  of 
water  policy  listed  in  Section  3 must therefore  be achieved  through  a combination  of 
measures taken  at  a Member  State  level  and  at a Community  level.  Community  legislation 
can  only  contribute  to  meeting  those  objectives  and  does so when  transposed  into  national 
legislation  and  supplemented  by  other  national  measures.  This partly  explains why 
Community  legislation  may,  on occasion,  give the  impression  of being  piecemeal  and 
patchy;  the  Community  only  takes action  where  it is better  placed  to  do  so than the 
Member  States  and therefore  Community  legislation  does not have  universal  coverage  of 

7 Europe's  Environment;  The Dobris Assessment,  ISBN  92-826-5409-5 

15 

all  the  objectives  or  all  the  problems. 

Whilst  some  pieces of  water  legislation  are  best  left  as freestanding  legislation,  the 
Commission  has come  to the conclusion  that  much  of  the quality  objective  related 
legislation  could  be drawn  together  into a Framework  Directive  on  water  resources.  This 
would  help  give  greater  coherence to the  legislation  and  make  clear  how the  "patchwork" 
fits together.  This  idea  is looked  at  in more detail  in  Section  9. 

A  second  conclusion  is that  more effective  Community  controls  are needed  in  some areas. 
In particular,  this relates to  the third  of the four  objectives,  the protection  of the natural 
ecological  state  and  functioning  of the  aquatic  environment,  and  to the management  of 
water  quantity  issues.  The current  proposal  for  an Ecological  Quality  of  Water  Directive 
would  meet the first concern  , but  should  be  incorporated  into the  Framework  Directive. 
Quantity  issues for  both  groundwater  and  surface  water,  including  the  quantitative 
relationships  between  the two, also  need  to be addressed  and  should  be  incorporated  into 
the  Framework  Directive. 

Thirdly,  the  analysis  of existing  Community  legislation  has revealed  that  some of  it  is 
outdated  and  that  its objectives  might  be equally  or better  met  in  some other  way,  such  as 
through  a Framework  Directive. 

There  is therefore  scope  for  the repeal  of certain  existing  Directives, but the  Commission 
will  not propose  such  steps unless it  is clear  that the  level  of  environmental  protection  is 
not  diminished. 

Perhaps the clearest  issue which  emerges  is that there  is a need  for  greater  integration  in 
the practical  implementation  of water  legislation.  Integration  is required  between; 

water  quantity  issues and  water  quality  issues, 
surface  water  management  and  groundwater  management, 
water  use and  environmental  protection, 
control  of  pollution  through  emission  controls  and  through  quality 
objectives,  and,  not  least, 
water  policy  and  other  policies. 

The  Commission  believes that this can  be improved  through  the adoption  of  a  Framework 
Directive  on  Water  Resources  which would  require  integrated  water  management  plans 
(see  section  7.7).  The  plans would  contain  an assessment  of the  overall  situation  in the 
water  body  including  its environmental  quality,  its resource  potential  and  the 
environmental  pressures  impacting  upon  it.  It would  also  establish  the  specific  objectives 
of  water  policy  in relation  to that  body  of  water  and  a programme  of  measures  designed  to 
achieve  those  objectives  within  a specified  timetable. 

Integrated  water  management  plans would be even more effective  if  established  on  a river 
basin  basis, especially  for  dealing with transfrontier  river basins. 

16 

The  analysis  of  existing  legislation  suggests that there  is scope  for  drawing  together  some 
of the  measures  required  under  the various pieces of water  quality  legislation,  particularly 
in respect  of  monitoring  obligations.  It might  also  be  sensible to  bring together  the 
various  definitions  found  in  the  legislation.  This could  be done  in  the  Framework 
Directive. 

EC water  policy  needs transparency  and  public  accountability,  and this  should  be built  into 
the  Framework  Directive. 

9.  Outline  of  a Water  Resources  Framework  Directive 

Drawing  upon  the above  conclusions,  the  Commission  is considering  making  a proposal 
for  a Water  Resources  Framework  Directive  and  would  welcome  the views  of  Council, 
Parliament  and  all  interested  Parties.. 

The  following  Directives  would  remain  largely  unaffected  by this proposal,  although  the 
Commission  will  consider  the  scope  for  transferring  some  of their  definitions,  monitoring 
requirements  and  other  relevant  elements  into the Framework  Directive :-

The  Bathing  Water  Directive 
The  Dangerous  Substances  Directive8  (and  any  successor  Directive) 
The  Drinking  Water  Directive9 
The  Information  Exchange  Decision10 
The Urban  Waste  Water  Treatment  Directive 
The Nitrates  Directive 
The Reporting  Directive 
The proposed  Integrated  Pollution  Prevention  and  Control  Directive 

The  following  Directives  would  be repealed  and  replaced  by the  Framework  Directive:-

The  Surface  Water  Directive"  (and the related  79/869/EEC  Directive12) 
The  Fish  Water  Directive13 

8O J N oL  129,  18.5.1976, p. 23. 

9O J N o L 2 9 9,  30.8.1980, p.  11. 

10 OJ No  L  334, 24.12.1977, p. 29. 

11 O J N oL  194, 25.7.1975, p. 26. 

12 OJ No  L 271, 29.10.1979, p. 44. 

, 3O J N o L 2 2 2,  14.8.  1978, p.  1. 

17 

The  Shellfish  Water  Directive14 
The Groundwater  Directive15 
The proposed  Ecological  Quality  of  Water  Directive 

The  Framework  Directive  would  be based  on the objectives  and  principles  established  in 
this Communication  and  will  respect proportionality  between  costs and  benefits  and  a high 
level of  Community  water  protection.  It would  establish common definitions  for  use in all 
EC water  policy.  It  would  require: 

the  integration  of  water  resource  management  with the protection  of the 

natural  ecological  state and  functioning  of the  aquatic  environment 
the  integration  of water  quality  and  water  quantity  management  (including 
provisions  for  the establishment,  where necessary,  of  a water 
abstraction  licensing  scheme) 

the  integration  of  surface  water  management  (including  coastal  waters)  with 

groundwater  management 

the  integration  of measures,  such as emission  controls, with  environmental 

objectives 

The  Framework  Directive  would  require  integrated  water  management  planning  on a river 
basin basis.  This would  involve:-

monitoring  of  water  quantity  and  quality 
an assessment  of the water  needs of  society  and of  the  impact  of  human 

activities  on the water  bodies  concerned 

the  setting  of objectives  (including  any  objectives  arising  out  of  other  pieces 
of  EC  legislation  not  incorporated  into the  Framework  and  any 
objectives  arising  out of  national  or  local  policies) 

the establishment  and  implementation  of  a programme  of measures  designed 

to  achieve the objectives  (including  any  measures  required  under 
other  pieces of  EC legislation  not  incorporated  into the  Framework, 
as well  as national  and  local  measures) 

transparency  and  public  consultation  in the decision  making  process 
monitoring  and reporting  on the  implementation  of the  Directive 

Within  the  river  basin,  and particularly  within  larger  basins, the nature  of the  objectives 
and  measures  may vary  spatially. 

The  Framework  Directive  would  set guidelines  for  the above to ensure  comparability  of 
effort  and  results, but much  of the  detail  of the implementation  would  be  left  to  Member 

14 OJ No  L 281, 10.11.1979, p. 47. 

1 5O J N o L 2 0,  26.1.1980, p. 43. 

IS 

States. 

The Framework  Directive  would  also establish  a  Committee  responsible  for  the 
management  and  updating  of the  Directive.  The  Committee  would  be charged  with 
ensuring  the  coordination  of the  implementation  of this  Directive  and  other  EC  water 
legislation. 

10. The  procedural  implications 

There  are  currently  four  Commission  proposals pending  before  Council  and  Parliament 
(the  Integrated  Pollution  Prevention  and  Control  and  Ecological  Quality  of  Water 
proposals  and  the proposed  amendments  of the Drinking  Water16 and  Bathing  Water17 
Directives).  In  addition,  the  Commission  is committed  to presenting  a Groundwater  Action 
Programme. 

The  Commission  believes that  the Integrated  Pollution  Prevention  and  Control  proposal 
and  the two  proposed  amendments  are  largely  unaffected  by the proposals  in this 
Communication  and that  Council  and  Parliament  can continue  their  scrutiny  of the texts. 

Likewise,  work  will  continue  on the Groundwater  Action  Programme. 

The  Ecological  Quality  of  Water proposal  would  be absorbed  into the  new  Framework 
Directive.  All  the main  elements of the current  proposal  would  be transposed  into  the  new 
framework  and there  would  be no  substantial  alterations to the approach  to  ecological 
quality  currently  being  discussed. 

The  Commission  invites comments  on these  ideas from  the Council  and  from  Parliament. 
Comments  from  other  interested  parties would  also be welcome  and  should  be  sent to Mr 
D G Lawrence,  Head  of Unit  Dl,  Directorate  General  XI, Boulevard  de Triomphe  174, fi 
ll 60 Brussels, Belgium. 

1 6OJNoC  131,30.5.1995,  p. 5. 

1 7OJNoC  112, 22.4.1994, p. 3. 

19 

Annex 

Existing  EC Legislation  and  Related Community  Policy 

1.  European  Community  water  legislation 

The  following  is a list  of EC legislation  dealing  directly  and  exclusively  with  water 
management  issues.  The  legislation  is listed  in chronological  order. 

1.1  The Surface  Water Directive  (75/440/EEC)n 

Objective  -  to help ensure  clean drinking  water by protecting  those rivers, lakes and 
reservoirs  used  as drinking  water  sources. 

Key  Features  - The  Directive  requires  Member  States to  identify,  classify  and  monitor 
such waters  and to establish  action plans  in order  to ensure  compliance  with  a series of 
water  quality  parameters.  A related  Directive  (79/869/EEC19)  establishes  the  methods of 
sampling  and  analysis to be used. 

Comments  - This  is an old  Directive,  adopted  before  the  Drinking  Water  Directive.  The 
parameters  and  classifications  are now out  of date  and  it makes  little  or  no contribution  to 
the  safety  of  drinking  water  now that the  Drinking  Water  Directive  exists.  Its value in 
protecting  future  sources  of  drinking  water  is unproven  and  it could  more  usefully  be 
replaced  by  a general  obligation  in the  Framework  Directive  to protect  the  quality  of 
surface  water  and  groundwater. 

1.2  The Bathing  Water Directive  (76/160/EEC)20 

Objective  - to  safeguard  the health  of bathers  and  maintain  the  quality  of bathing  waters. 

Key  Features  - The  Directive  requires  Member  States to  identify  marine  and  fresh  water 
bathing  waters, monitor  them  and take  "all appropriate  measures" to  ensure  compliance 
with  a series  of  water  quality  parameters.  The Commission  reports  on the  implementation 
of the  Directive  and  on the  quality  of  Community  bathing  waters  every  year,  the most 

18 OJ No  L  194, 25.7.1975, p. 26. 

19 OJ No  L 271, 29.10.1979, p. 44. 

2 0O J N oL  31, 5.2.1976,  p.  1. 

20 

recent  report  being  that  for  the  1994 season21.  Despite  a popular  misconception,  the 
Directive  does not  result  in the award  of  "Blue  Flags" for  beaches  which  meet  the 
parameters; this  scheme  is organised  by the  Foundation  for  Environmental  Education  in 
Europe.  In  1994 the  Commission  published  a proposal  to  update  the  Directive22; this 
proposal  is currently  being  considered  by  the  Council  and  by  Parliament. 

Comments  - The  Directive  is a very  popular  one with  European  citizens  and  nobody 
questions  its  value  in  protecting  the health  of  swimmers and  bathers.  At the time  of  its 
adoption  there  was  little  other  legislation  regarding  the protection  of  waters  from  urban 
waste  water  and  the  Directive  therefore  had  a secondary  purpose  of  requiring  Member 
States to  take  action to  deal  with  the worst  cases of pollution  by urban  waste  water.  The 
Urban  Waste  Water  Treatment  Directive  now  sets certain  standards  for  such  effluent,  but 
these  are  directed  at different  environmental  issues and  do not  coincide  with  the 
environmental  quality  standards  set  in the Bathing  Water  Directive.  The  Directive, 
together  with the  amendments  proposed  in  1994,  will  remain  a freestanding  piece of 
legislation,  but the  actions taken  by  Member  States to  improve  bathing  waters  will  be 
coordinated  with the  integrated  programme  of measures  under the  Framework  Directive. 

1.3  The Dangerous Substances Directive  (76/464/EEC)23 

Objective  - to  control  the pollution  of  surface  water  with  dangerous  substances. 

Key  Features  - The  Directive  applies to all  surface  waters and  requires  Member  States to 
control  emissions  of a number  of  substances  (listed  in an annex  to the  Directive),  primarily 
by  means  of permits  issued  to  industrial  installations  and  by  improved  urban  waste water 
treatment  The  conditions  for  permits  for  the  more dangerous  substances  (those  in  List  I) 
are established  at Community  level  by a series of  "daughter  Directives" (82/176/EEC24, 
83/513/EEC25,  84/156/EEC26,  84/491/EEC27 and  86/280/EEC28).  The  Directive  contains 
two  alternative  methods  for  setting  these condition;  Member  States have the  choice 
between  applying  emission  "limit  values" based  the best  available  techniques  or they  can 

21 Quality  of bathing  water,  ISBN 92-827-4046-3. 

2 2O J N oC  112, 22.4.1994, p. 3. 

2 3O J N oL  129,  18.5.1976, p. 23. 

2 4O J N oL  81, 27.3.1982, p. 29. 

25 OJ No  L 291, 24.10.1983, p.  1. 

26 OJ No  L 74,  17.3.1984, p. 49. 

27 OJ No  L 274,  17.10.1984, p.  11. 

2 8O J N oL  181, 4.7.1986, p. 16. 

21 

base their  permits  on the  limits  required  to meet  specified  "quality  objectives"  in the 
receiving  body  of water.  List  II  substances  are  dealt  with by  Member  States  which  have 
to produce  reduction  programmes.  The  Commission  reported  on the  implementation  of 
this  Directive  in  199329. 

Comments  -  The  Directive  has assisted  in the  improvement  of  surface  water  quality  in the 
Community,  but  is now  rather  old.  The procedure  for  producing  daughter  Directives  for 
the  List  I substances  has  proved  burdensome  and  slow, whilst  the  performance  of  most 
Member  States  in producing  reduction  programmes  for  List  II  substances  has been 
negligible.  The  Directive  has also  been  criticised  for  not  considering  the ever  growing  list 
of  substances  of  potential  concern  and  for  not  addressing  cumulative  toxic  effects.  Many 
of these  criticisms  are  answered  by the proposed  Integrated  Pollution  Prevention  and 
Control  Directive  (IPC), though  controls  of  some  sort  will  still  be required  for  those 
industries  not  covered  by the  IPC.  This Directive  will  be reviewed  in the  light  of the 
Integrated  Pollution  Prevention  and  Control  Directive,  when  it  is adopted,  and  in 
connection  with the  drawing  up of the new Framework  Directive. 

1.4  The Information Exchange Decision  (77/795/EEC) 30 

Objective  - to  help provide  an overview  of the quality  and  quantity  of river  water  in the 
Community  in order  to  inform  policy  formulation. 

Key  Features  - The  Decision  establishes  a network  of  124 monitoring  points  (EC 12) with a 
monitoring  regime  covering  19 different  parameters.  The  information  is exchanged 
between  Member  States  and  the  Commission  publishes  a synthesis report31. 

Comments  - This Decision  was a laudable  attempt  to obtain  an overview  of the  status of 
the  aquatic  environment  in the  Community,  but,  arguably,  its role has now been taken  over 
by  the  European  Environment  Agency  and by the various  monitoring  requirements  in 
subsequent  Directives.  There  may  be  some value  in  continuing  the time  series of  data 
which  has been  built  up since the Decision  came  into effect,  but  the  Commission  considers 
that,  if  so, it would  be more appropriate  incorporate  the various monitoring  requirements 
into the  Framework  Directive. 

29  Administrative  structures  and  implementation  of  the  community  directives  on  the 

dangerous  substances  discharged  into the  aquatic  environment.  Not  yet  published. 

30 OJ No  L 334, 24.12.1977, p. 29. 

31 Quality  of  surface  freshwater,  ISBN 92-826-9396-1. 

22: 

1.5  The Fish  Water Directive  (78/659/EEC) 32 

Objective  - to protect  fresh  water  bodies that  arc capable, or  should  be capable, of 
supporting  fish  life,  particularly  those  species  which are fished  commercially  or  for 
recreational  purposes. 

Key  Features  - The Directive  requires  Member  States to designate  Fish  Waters, to  establish 
water  quality  standards  for  them, to monitor  the waters and to establish  "pollution 
reduction  programmes"  in  order  to ensure  compliance  with the quality  standards.  The 
Commission  reported  on the  implementation  of this Directive  in 199533. 

Comments  - The  Directive  gives Member  States discretion  in the designation  of  Fish 
Waters  and  therefore  is implemented  very  differently  across the  Community.  As such,  it is 
arguable  that  there  is no  need  for  any  requirements  to be  established  at a  Community 
level.  However,  the  Directive  has been  of value  in  some  Member  States  in  forcing 
through  improvements  to relevant  waters  and the Commission  feels  that  these  merits 
should  not  be overlooked.  The existing  Commission  proposal  for  an  Ecological  Quality  of 
Waters  Directive  proposes  to  set general  obligations  for  the protection  of  surface  waters as 
habitats  including,  obviously,  their  capacity  to support  fish  populations  and  it was  intended 
that  the  good  qualities  of the Fish  Water  Directive  should  be  incorporated  into  those 
requirements.  The Framework  Directive  would  incorporate  the  main  elements  of the 
Ecological  Quality  of  Water  proposal  and the  Fish  Water  Directive  could  therefore  be 
repealed  without  lowering  environmental  standards. 

1.6  The Shellfish  Water Directive  (79/923/EEC) 34 

Objective  - to  protect  coastal  and  brackish  waters  in order  to  support  shellfish  populations 
and  to prevent  contamination  of the harvested  product. 

Key  Features  - The  Directive  is similar  in  form  to the  Fish  Water  Directive, but  also has 
some  specific  controls on certain  discharges  into  shellfish  waters.  The  Commission 
reported  on the  implementation  of this Directive  at the  same time  and  in the  same  report 
as the  Fish  Water  Directive. 

Comments  - Many,  if not  all, of the comments  on the Fish  Water  Directive  also apply  to 
the  Shellfish  Water  Directive.  In addition,  there  is now in place  a  Directive 
(91/492/EEC)laying down  the health  conditions  for  the production  and the placing  on the 

3 2O J N o L 2 2 2,  14.8.  1978, p.  1. 

33 Quality  of  fresh  water  for  fish  and  of  shellfish  water,  ISBN  92-826-9111-X. 

3 4O J N o L 2 8 1,  10.11.1979, p. 47. 

23 

market  of  live  bivalve  molluscs35  .  The  Shellfish  Water  Directive  can therefore  be 
repealed  without  lowering  environmental  standards. 

1.7  The Groundwater Directive  (80/68/EEC)26 

Objective  - to control  the pollution  of  groundwater  with  dangerous  substances. 

Key  Features  - The  Directive  requires Member  States to control  the  direct  and  indirect 
discharge  of  certain  substances  (listed  in an annex  to the  Directive)  into  groundwater, 
primarily  through  an authorization  system  for  direct  discharges.  They  shall  monitor 
compliance  with  the authorization  conditions  and  monitor  the  impact  upon  groundwater. 

Comments  - The  Directive  started  life  as a sister  Directive  to the  Dangerous  Substances 
Directive,  designed  to  apply  similar  rules to groundwater  protection.  Since  its adoption  it 
has become  clear that  the  long-term  challenges  facing  groundwater  are  increasingly  related 
to  diffuse  pollution  and to unsustainable  levels of water  abstraction,  neither  of which  is 
adequately  covered  by the Directive.  The  Commission  is currently  working  on a 
Groundwater  Action  Programme  which  looks at the  whole  range  of problems  associated 
with  groundwater  and  sets out  actions required  at  local, national  and  Community  level.  At 
a  Community  level  it will  suggest that the  Groundwater  Directive  needs a complete 
revision.  However,  in order  to  ensure  a greater  integration  of groundwater  and  surface 
water  protection,  the revision  of the  Groundwater  Directive  would  be  incorporated  in the 
new  Framework  Directive  covering  all  Community  waters  and  the  original  Directive 
should  therefore  be  repealed. 

1.8  The Drinking  Water Directive (80/77 8/EEC)31 

Objective  - to  safeguard  human  health  by establishing  strict  standards  for  the  quality  of 
water  intended  for  human  consumption. 

Key  Features  - The  Directive  requires  Member  States to establish  strict  quality  standards 
for  more than  60 parameters, to  monitor  drinking  water  quality  and  to take  the  necessary 
steps to  ensure  compliance  with the established  values. 
published  a proposal  to update the  Directive38; this is currently  being  considered  by 
Council  and  by  Parliament. 

In  1995 the  Commission 

35 OJ No  L 268, 24.9.1991, p.  1. 

3 6O J N o L 2 0,  26.1.1980, p. 43. 

3 7O J N o L 2 2 9,  30.8.1980, p. 11. 

3 8O J N oC  131,30.5.1995, p. 5. 

24 

Comments  -  The impact  of  this  Directive  has been  significant  and  it  is generally 
recognised  that  it has been  the driving  force  behind  the overall  improvement  in  drinking 
water  quality  which  has taken  place  in the Community  over  the past  decade.  The 
Directive  has provided  governments  and  water  suppliers  with  a stable  and  predictable  base 
for  their  investment  programmes,  and  consumers  can now expect  to  receive  water 
complying  with  explicit  Community-wide  quality  standards.  The  Directive  is rather 
different  to  other  pieces of  water  legislation  in than  it  sets product  standards.  The 
Directive  should  not  be  incorporated  into the Framework  Directive,  but  should  stand alone, 
and  work  should  continue  on the adoption  of the  Commission's  proposal  to revise the 
Directive. 

1.9  The Urban Waste Water Treatment Directive  (91/27I/EEC) 39 

Objective  - to  reduce  the pollution  of  surface  waters with  nutrients  (particularly  nitrates 
and  phosphates)  from  urban  waste water;  one of  the major  sources of  nutrient  pollution 
and,  hence,  of eutrophication.  It also  has the objective  of  reducing  nitrate  concentrations 
in  water  abstracted  for  the provision  of  drinking  water. 

Key  Features  - The  Directive  establishes  conditions  for  the collection,  treatment  and 
discharge  of urban  waste  water  and  waste water  from  certain  industrial  sectors.  It 
establishes  a timetable  for  the provision  of waste water  collecting  systems  and  treatment 
plants  as well  as establishing  the  level  of treatment  required  of the plants.  The  timetable 
and  requirements  vary  depending  on the  size of the agglomeration  and the  sensitivity  of 
the receiving  waters, which  must  be established  by  monitoring. 

Comments  - This Directive  is in the process of being  implemented  and  it  is too  early  to 
tell  whether  the  standards required  will  be  adequate  to tackle the problem.  The  Directive 
is a good  example  of  combining  the  use of the environmental  quality  objectives  approach 
and the  emission  limit  values approach.  This ensures a high  level  of  environmental 
protection  whilst  making  most efficient  use of  limited  financial  resources.  The 
Commission  may  propose  changes to ensure coherence  with  the  monitoring  and 
programme  requirements  of the  Framework  Directive. 

40 
1.10  The  Nitrates Directive  (9I/676/EEC) 

Objective  -  to  complement  the Urban  Waste Water  Treatment  Directive  by  dealing  with 
nitrate  pollution  from  agricultural  sources; another  major  source  of pollution  with nitrates. 

3 9O J N oL  135, 21.5.1991, p. 40. 

40 OJ No  L  375, 31.12.1991, p.  1. 

25 

Key  Features  - The  Directive  has a general  requirement  on Member  States to produce  and 
promote  Codes  of  Good  Agricultural  Practice  in order  to reduce  the  level  of  nitrate  loss to 
surface  water  and  groundwater  from  agriculture.  It contains monitoring  requirements  and, 
in  areas  identified  as being  vulnerable  to nitrate  pollution,  it  imposes  Action  Programmes 
with  legally  enforceable  constraints  on  agricultural  practices together  with  limits  on  the 
spreading  of  organic  manure. 

Comments  -  Like the  Urban  Waste  Water  Treatment  Directive, this  Directive  is in the 
process  of  being  implemented.  It  is worth  pointing  out, however,  that  Member  States are 
generally  failing  to  meet their  obligations  on time.  Again,  like the  Urban  Waste  Water 
treatment  Directive, the Nitrates  Directive  combines the two  approaches to  water 
management,  requiring  stricter  measures where they  are necessary.  The  Commission  may 
propose  changes to ensure  coherence  with the monitoring  and  programme  requirements  of 
the  Framework  Directive. 

41 
1.11  The proposed  Ecological Quality of  Water Directive (COM (93) 680 final) 

Objective  -  to maintain  and  improve the habitat  potential  of  surface  waters  and,  by  doing 
so, to  improve  the quality  of  such waters  generally  and  increase  their  potential  value as 
sources  of  water  for  drinking  and  other  purposes  and to  increase their  amenity  value. 

Key  Features  - The proposed  Directive  would  require  Member  States to monitor  the 
ecological  status of their  surface  waters,  identify  sources  of pollution  or  adverse 
anthropogenic  influence,  establish  "operational  targets"  for  the  achievement  of  "good 
ecological  quality"  and  implement  "integrated  programmes"  in order  to reach  those targets. 
The  proposed  Directive  also  includes requirements  for  public  consultation  on the  contents 
of  the  integrated  programmes.  The proposal  is currently  being  considered  by the  Council 
and  by  Parliament. 

Comments  - The Commission  considers that  the general  structure  of  the  Ecological  Quality 
of  Water  proposal  would  also be appropriate  for  the Framework  Directive  on  Water 
Resources.  This would  mean  making  changes to the proposal  which  would  go 
considerably  beyond  the  scope of amendments.  The  Commission  therefore  intends to 
make  a proposal  for  a new Framework  Directive  and will  withdraw  the current  proposal  at 
the  same time.  The new proposal  would  extend  the Ecological  Quality  of  Water 
framework  to  cover  different  uses of water, to  cover  groundwater  as well  as surface  water 
and  to  include  quantity  issues as well  as quality. 

41 OJNoC222,  10.8.1994, p. 6. 

26 

2.  Closely  related  European  Community  legislation 

The  following  is a list  of those  pieces of  legislation  which  have  a less direct  influence  on 
water  management  issues  or which  only  deal  with  such  issues inter alia. 

2.1  The Sewage Sludge Directive (86/278) •42 

Objective  - to  regulate  the  use  of  sewage  sludge  in agriculture  to prevent  harmful  effects 
on  soil, vegetation,  animals  and  man. 

Key  features  - the  directive  establishes  limit  values  for  the concentrations  of heavy  metals 
in  sludge to  be  spread  on arable  land  and  the maximum  annual  quantities  of those  metals 
which  may  be  introduced  into the  soil, taking  into  account  limit  values  for  the 
concentrations  of heavy  metals  in the  soil.  It also  specifies  conditions  for  the  spreading  of 
sludges  such  as treatment,  periods of  application  and  precautions  to be taken. 

Comment  - the principal  aim  of the  directive  is soil  protection,  but  it  also  indirectly 
prevents  groundwater  pollution.  The  Commission  considers that  the  use of  sewage  sludge 
in agriculture  will  probably  increase  in the  next  few  years  for  reasons  such  at the 
implementation  of  directive  91/271/EEC on  Urban  Waste  Water,  the adoption  of  directive 
on  landfilling  (scheduled  for  September  1996)  and the  Waste  Strategy  (landfills  less and 
less accepted,  incineration  of  sludges with  energy  recovery  not  possible).  The  Commission 
is thus considering  a revision  of  that  directive. 

43 
2.2  The Reporting Directive  (91/692/EEC) 

Objective  - to  simplify  and  coordinate  the obligations  under  many  environmental 
Directives  for  Member  States to  make  regular  reports  on  implementation  to the 
Commission. 

Key  Features  - The  Directive  establishes  a three  year  reporting  cycle  for  a number  of 
Directives  covering,  in each cycle, water-related,  air-related  and  waste-related  legislation. 
The water  report  covers the  Surface  Water  Directive, the  Dangerous  Substances  Directive 
(and  daughters), the  Fish  Water  Directive, the  Shellfish  Water  Directive,  the  Groundwater 
Directive  and  the  Drinking  Water  Directive. 

Comments  - The  Reporting  Directive  recognises the need to coordinate  some of the 
measures  in the various pieces environmental  legislation  by drawing together  most  of the 

42 O J N oL  181, 8.7.1986,  p. 6. 

43 OJ No  L  377, 31.12.1991, p. 48. 

27 

reporting  obligations  into a single piece of  legislation. 
In the  Water  sector,  many  of the  Directives which report  via the  Reporting  Directive  will 
be repealed  or  incorporated  into the Framework  Directive.  However,  the  reporting 
obligations  in the  Framework  Directive  will  be  incorporated  into  the three  year  cycle of 
the  Reporting  Directive.  The Commission  does not  therefore  intend  to suggest  any 
significant  changes to the  Reporting  Directive. 

2.3  The proposed Integrated Pollution Prevention and Control Directive (COM (93) 423 

final)44 

Objective  - to prevent  or  minimise  pollution  of water,  air and soil  from  large  polluting 
industry. 

Key  Features  - The proposed  Directive  would  require the relevant  competent  authorities  in 
the Member  States to  issue  integrated  permits to  industrial  activities,  covering  emissions to 
water,  air  and  soil, which  would  include  constraints on emissions  of pollutants  based  on 
"Best  Available  Techniques", taking  into account  local  environmental  and  technical 
considerations.  All  existing  Community  emission  limits and  quality  objectives  must  be 
met  as a minimum  requirement.  The proposal  is currently  being  considered  by the 
Council  and  by  Parliament.  Council  adopted  a common  position  on the text  on 27 
November  199545. 

Comments  - This proposed  Directive  seeks to  integrate  the pollution  controls  on the most 
polluting  industries to ensure  a coherent  approach  in dealing  with  emissions  to  air,  soil  and 
water.  This  is a logical  and  sensible proposal,  but  one which necessarily  takes the 
legislation  out  of the realms of  water protection  alone.  There  is therefore  no benefit  in 
attempting  to  integrate  the proposal  into any  water  framework  other  than  by  ensuring 
consistency  between  the proposals  and  including  any cross-references  that  might  prove 
necessary  or  useful. 

2.4  The Plant Protection Products Directive and the proposed  Biocides Directive 
(91/414/EEC,46  COM (93) 35147 and COM (95) 387 - COD  4654H) 

Objective  - to regulate the placing  on the market  of plant protection  products  in order  to 

44 OJNo  C 311, 17.11.1993, p. 6 and  C  165,  1.7.1995,  p. 9. 

45 Not  yet published  in OJ. 

4 6O J N o L 2 3 0,  19.8.1991, p.  1. 

47 OJ No  C 239, 5.9.1993,  p.l. 

4 8O J N o C 2 6 1,  6.10.1995, p. 5. 

28 

ensure,  inter alia, that  their  use does not  lead  to pollution  of groundwater  or  surface  water. 
The proposed  Biocides  Directive  is designed  to do the  same  for  biocides. 

Key  Features  - The  Plant  Protection  Products  Directive  requires the  authorization  of all 
plant  production  products  to ensure,  inter alia, that  they  meet  certain  basic  criteria  laid 
down  in the  Directive  and  its associated  "Uniform  Principles"  Directive49.  It also  includes 
requirements  for  the  labelling  and  packaging  of  such  products.  Similar  requirement  are 
proposed  in the  Biocides  Directive. 

Comments  - These  Directives  deal  with  substances  of  great  and  direct  concern  to water 
quality  management.  They  also  address  other  issues and  therefore  can not  be  considered 
as candidates  for  inclusion  in any  water  framework  legislation,  but  it  must  be ensured  that 
they  are  consistent. 

2.5  The Detergents Directives (73/404/EEC50  and  73/405/EEC51) 

Objective  - to  reduce  river  pollution  by  foaming  persistent  detergents. 

Key  Features  - The  Directives  set performance  standards  for  detergents  on  sale  in the 
Community,  requiring  at  least  90% biodegradability.  The  Commission  is currently 
reviewing  the  Directives  in order  to  update  and  improve  the  assessment  methods. 

Comments  - These  are two  rather  old  pieces  of  legislation  addressing  a specific  issue 
which  is clearly  best  dealt  with  by product  performance  standards. 

2.6  The Major Accidents  (Seveso) Directive  (82/501/EEC) 52 

Objective  - to minimise  the  incidence  and  impact  of  major  accidents  on man  and  the 
environment. 

Key  Features  - The  Directive  imposes  requirements  on  installations  and  establishments 
where  a major  accident  could  cause  significant  damage  to man  or the  environment.  The 
requirements  cover  the  identification  of hazards, control  of the  associated  risks  and  the 
provision  of  measures  which would  mitigate  the effects  of  a major  accident. 

4 9O J N o L 2 2 7,  1.9.1994, p. 3. 

5 0O J N o L 3 4 7,  17.12.1973, p. 51. 

51 O J N o L 3 4 7,  17.12.1973, p. 53. 

5 2O J N o L 2 3 0,  5.8.1982,  p.  1. 

29 

Comments  - This  is a generic  'major  accident  hazard'  Directive  which  stipulates  controls 
relevant to the  protection  of man  and the environment  in a generic  manner.  The  measures 
apply to  'major  accident'  water  pollution  in the  same way  as to  any  other type  of  major 
accident. There  is no need  to consider  any  integration  into the water  framework  as such, 
other than  the  general  need  to ensure  consistency  between  these  policy  areas. 

2.7  The  Habitats and Birds Directives  (92/43/EEC53  and  79/409/EEC54) 

Objective  - to  ensure the maintenance  of biodiversity  within the  Community. 

Key  Features  - The  Directives require  the  selection  and  appropriate  management  of 
protected  areas.  This includes the avoidance  of pollution  and, where relevant,  the 
maintenance  of water  levels and water  quality. 

Comments  - The  integrated  water  management  plans required  under  the  Framework 
Directive would  have to recognise  areas designated  under these  Directives  and  similar 
national  legislation. 

2.8  The  Environmental Impact Assessment Directive  (85/37/EEC55) 

Objective  - to ensure  that the  impact  of  new development  projects  on the environment  is 
assessed  before  planning  consent  is given. 

Key Features  - The Directive  requires that  certain  projects  considered  to be  likely  to have, 
a significant  effect  on the environment  should  be assessed  for  their  impact  upon  a wide 
range of  environmental  factors  (including,  inter alia, human  beings,  flora,  fauna  and 
water).  The  relevant  authorities  must take  all  such  information,  together  with the  views of 
the public  and  interested  bodies, before  granting  development  consent. 

Comments  - The  Commission  has proposed  a revision  of the  Directive  ( COM  (93)  575 
final56) designed  to extend  the  scope of the annexes.  Council  reached  a common  position 
on this proposal  on  18 December57.  The  Commission  is also considering  making  a 
proposal  to  extend  the principles  of the  Environmental  Impact  Assessment  Directive  to 
cover the  impact  of  certain  environmentally  significant  plans  and  programmes. 

53 OJ No  L 206, 22.7.1992, p. 7. 

5 4O J N oL  103, 25.4.1979, p.  1. 

5 5O J N oL  175, 5.7.1985, p. 40. 

5 6O J N oC  130,  12.5.1994, p. 8. 

57 Not  yet  published. 

30 

2.9  Legislation covering the classification, labelling and risk assessment of chemicals 

Objective  - to  evaluate  the risk  and to  regulate the placing  on the market  of  industrial 
substances  which  might  cause  pollution. 

Key  Features  - The  legislation  includes  several  Directives  and  Regulations  establishing  the 
framework  requirements  for  the classification  and  labelling  of dangerous  substances 
(67/548/EEC58,  793/93/EC59,  78/631/EEC60 and  88/379/EEC61).  It  also  includes two 
measures  on the  evaluation  of risks for  new and  existing  chemicals  (Directive  93/67/EEC62 
and  Regulation  1488/9463).  The  information  and test results of the  evaluation  obtained 
through  this  legislation  often  triggers action  in a range  of other  legislation  dealing  with 
pollution,  including  pollution  of water  and  aquatic  ecosystems. 

Comments  - This body  of  legislation  is unaffected  by the  issues discussed  in this 
Communication. 

3.  Other  European  Community  policy  with  an  impact  on water  management  issues 

Clearly,  in addition  to the above  legislation,  there  is a wide range  of  policies at the 
European,  national  and  regional  level  which  can have a substantial  impact  on  water 
management  practices.  Within  environmental  policy,  legislation  on  air  quality  and  waste 
will  have  an  impact,  as will  "horizontal"  measures  dealing  with  integrated  initiatives  or 
new kinds of  measures etc  .  Other  policy  areas  such as industrial  policy,  regional  policy, 
transport,  energy  and  land-use planning  are also  important.  Two  key  policy  areas  in this 
regard  are the  Common  Agricultural  Policy  and the Common  Fisheries  Policy.  According 
to the  Treaty  (Article  13Or), environmental  policy  shall  be  integrated  fully  into  all  other 
EC policy  areas; this principle  is better  established  in  some  areas than  in  others and 
requires  continuing  efforts. 

It  is a key  element  of  integrated  water  management  that the  impact  and  demand  for  water 
of  all  such  activities  should  be considered.  The  Framework  Directive  will  include  such  an 
assessment  as a basic  obligation  under  the  Directive. 

5 8O J N oL  196,  16.8.1967, p.  1. 

5 9O J N o L 8 4,  5.4.1993, p.  1. 

60 OJ No  L 206, 29.7.1978, p. 13. 

61 O J N oL  187,  16.7.1988, p. 14. 

6 2O J N o L 2 2 7,  8.9.1993, p. 9. 

6 3O J N oL  161, 29.6.1994, p. 3. 

31 

Furthermore,  in the context  of  its research  policy  the  Commission  has set  up a Task  Force 
on water  and  water-related  environmental  issues. 

32 

ISSN 0254-1475 

COM(96) 59  final 

DOCUMENTS 

EN 

14 

Catalogue number  : CB-CO-96-082-EN-C 

ISBN 92-78-00888-5 

Office for Official Publications of the European Communities 

L-2985 Luxembourg