Proposal for a COUNCIL DIRECTIVE establishing a framework for Community action in the field of water policy
Date: 1997-02-26
Institutions: European Commission
Subjects: EU environmental policy, EU law, environmental protection, water analysis, water management

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 26.02.1997 
COM(97) 49  final 

97/0067 (SYN) 

Proposal for a 
COUNCIL DIRECTIVE 

establishing a framework for Community action 
in the field of water policy 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

1. 

INTRODUCTION 

This  proposal  establishes  a  Community  framework  for  the  protection  of  surface  water  and 
groundwater in the Community within a common approach and with common objectives, principles 
and common basic measures. The principle of the Directive is that environmental water policy shall 
focus  on water  as it flows naturally through river basins towards  the  sea taking  into  account  the 
natural interaction between surface waters and groundwaters. Both quality and quantity aspects are 
addressed. The Directive will require that all measures to achieve the environmental objectives for a 
sustainable  protection  and  use  of water  are  coordinated  and  their  effect  overseen  and  monitored 
within  river  basin,  thus  ensuring  that  Community  policy  for  water  is  applied  in  a  coherent  and 
rational way. The Directive is designed to prevent further  deterioration and to protect  and enhance 
the  quality  and  quantity  of  aquatic  ecosystems  and,  with  regard  to  their  water  needs,  terrestrial 
ecosystems. By doing  so, it also contributes to the provision  of a supply of water in the  quantities 
and  qualities  needed  for  sustainable  development.  With  regard  to  the  abatement  of  pollution,  it 
confirms and formalizes the so-called  "combined approach", with control of pollution at the  source 
combined with the setting of objectives for the environment. 

This  proposal  responds  to  a  request  from  the  Council  and  the  Environmental  Committee  of  the 
European Parliament who in June 1995 called for a fundamental  review of Community water policy. 
As  a  response,  the  Commission  adopted  a  Communication  on  Community  water  policy  in 
February  1996  based  on  the  principles  for  environment  policy  of  the  Treaty  and  on 
the 
Community's 5th Action Programme,  "Towards Sustainability".  The Communication  recommended 
the making of a Water Framework Directive. Consultation with Council, the European  Parliament, 
the  Economic and  Social  Committee,  the  Committee  of  the  Regions,  and  a  broad  circle  of 
interested parties,  particularly  water  users,  showed  general  support  for  the  policy  presented  in 
the Communication. 

This proposal  is the outcome  of those consultations  and  it follows  closely the outline presented  in 
the Communication. 

2. 

BACKGROUND 

2.1  The history of Community water policy 

Community water policy dates, like much of the rest  of environmental  policy, from the  1970s and, 
broadly speaking, there have been two "waves" of legislation. 

the 
The  first  wave  consisted  of  a  batch  of  quality  objective 
Surface Water Directive  (75/440/EEC)1, 
t!v 
Fish Water Directive  (78/659/EEC)3'  the  Shellfish  Water  Directive  (79/923/EEC)4  and  the 
Drinking Water  Directive  (80/778/EEC)5.  The  main  emission  control  elements  were  the 

including 
the  Bathing  Water  Directive  (7(V160/HI<(/r 

legislation 

1 
2 
3 
4 
5 

OJ No L  194, 25.7.1975. p. 26. 
OJ No L 31. 5.2.1976, p.  1. 
O J N o L 2 2 2,  14.8.1978, p.  1. 
O J N oL  281. 10.11.1979, p. 47. 
OJ No L 229. 30.8.1990. p.  11. 

Dangerous Substances  Directive  (76/464/EEC)6  and  the  Groundwater  Directive  (80/68/EEC)7. 
"Daughter"  directives  to  the  Dangerous  Substances  Directive  were  adopted  throughout  the 
early 1980s. 

In  1988 the Frankfurt  ministerial  seminar on water reviewed the existing legislation and identified  a 
number  of  improvements  that  could  be  made  and  gaps  that  could  be filled. This  resulted  in  the 
second wave of water legislation, the first results of which were the Urban Waste Water Treatment 
Directive  (91/271/EEC)8  and  the  Nitrates  Directive  (91/676/EEC)9.  In  1994  the  Commission 
presented  a proposal  for  an Ecological  Quality of Water Directive10  as a further  follow  up  to  the 
Frankfurt  seminar. 

In  1991  the  Hague  ministerial  seminar,  followed  by  a  Council  Resolution  in  199211,  further 
developed Community water policy by requesting that a detailed Community action programme be 
drawn up for the comprehensive  protection  and management  of groundwater  as part  of an overall 
policy  on water  protection.  The  Council  also  asked  for  a  revision  of  the  Groundwater  Directive 
(80/68/EEC)12.  The  Commission  proposal  for  a  Groundwater  Action  Programme13  was  adopted 
in 1996. 

the  Commission  has  presented 

the 
In  addition, 
Bathing Water Directive14 in  1994 and the Drinking Water Directive15 in  1995 to bring them up to 
date. The Commission also proposed  a new piece of emission control legislation in the form  of the 
proposal  for  an Integrated  Pollution  Prevention  and  Control  Directive  which  was  adopted  by the 
Council in 1996 (96/61/EC)16. 

proposals 

revision 

the 

for 

of 

The  arrival  of  this  second  wave  of  legislation  has  concentrated  minds  on  the  question  of 
Community water  policy,  particularly  as  the  five  new  proposals  have  coincided  with  the 
implementation period, and its associated costs, of the Urban Waste Water Treatment Directive and 
the Nitrate Directive. 

the 
The  Communication  on  Community  water  policy,  addressed 
European Parliament,  was  drafted  as  a  discussion  document  in  order  to  clarify  the  needs  for  and 
means of a better coordination of Community measures. As stated in the introduction, this Directive 
is the result of the consultation process following the adoption of that Communication. 

the  Council  and 

to 

6 
7 

13 
14 
15 
16 

OJ No L  129,  18.5.1976, p. 23. 
OJ No L 20, 26.1.1980, p. 43. 
OJNoL  135. 21.5.1991. p. 40. 
OJ No L 375, 31.12.1991. p. 1. 
O J N o C 2 2 2.  10.8.1994, p 6. 
Council Resolution of 25 February  1992: OJ No C 59. 6.3.1992,  p. 2. 
O J N o L 2 0,  26.1.1980. p. 43. 
OJNoC355.  25.11.1996. p. 1. 
OJ No C  112. 22.4.1994. p. 3. 
OJ No C  131.  30.5.1995. p. 5. 
OJ No L 257.  10.10.1996.  p. 26. 

3 

2.2  The response to the consultation exercise on the Communication 

2.2.1  Council 

The  Council  considered  the  Communication  and  adopted  conclusions  on  25  June  1996  which 
welcomed  the Communication, took  note of the guidelines for  a Water  Framework  Directive and 
urged the Commission to come forward  with a proposal by the end of the year, taking due account 
of the recommendations formulated in previous Council conclusions. 

2.2.2  European Parliament 

The Opinion of the European Parliament was adopted on 23 October  1996 (  )17. It is critical of the 
Communication and claims that the Commission has failed to provide an overall vision of the  future 
direction  of  Community  water  policy.  The  Opinion  asserts  that  the  Commission  is  trying  to 
"re-nationalize"  water  policy  and  to  reduce  the  level  of  protection.  The  Opinion  focuses  on  the 
question of pollution controls and advocates a combined approach to the subject based on "strict and 
uniform" emission standards and supplementary quality objectives. The Opinion supports the idea of 
a Water Framework Directive and requests the Commission to come forward with a proposal. 

The Commission has studied the Opinion of the Parliament closely and has taken on board many of 
the comments.  With regard to the Parliament's demand for  "strict and uniform  emission standards", 
the  appropriate  instrument  for  establishing  these  is  the  Integrated  Pollution  Prevention  and 
Control Directive  (IPPC)  (96/61/EC)18  which  was  adopted  by  Council  in  September  1996,  in 
cooperation  with the  European  Parliament.  It  provides  for  the  adoption  of uniform  emission  limit 
values on a case-by-case basis where necessary, but does not require them in all circumstances. The 
Commission  supports  the  approach  adopted  in the  IPPC,  believing  it  will  be  more  efficient  and, 
therefore, provide  a  higher  and  more  effective 
level  of  protection.  The  proposal  for  a 
Water Framework  Directive establishes the mechanism to ensure that  the IPPC,  and  any  standards 
adopted under it, are fully incorporated into the "combined approach". 

2.2.3  Economic and Social Committee 

The Economic  and  Social  Committee  considered  the  Communication  and  supported  the  idea  of a 
Water framework Directive.  It  stressed  the  need  to  maintain  a  high  level  of  protection  of  water 
resources  and  the  aquatic  environment.  The  Opinion  was  adopted  on  26  September  1996 
(ESC  1069/96)19. 

2.2.4  Committee of the Regions 

The  Committee  of  the  Regions  also  considered  the  Communication  and  supported  the  idea  of  a 
Water Framework Directive.  However, it stressed the need to take into account local administrative 
structures. The Opinion was adopted on  19 September  1996 (CdR  186/96  fin)20. 

17 
18 
19 
20 

OJ reference  not yet available. 
OJ No L 257.  10.10.1996. p. 26. 
OJ reference  not yet available. 
OJ  reference  not yet available. 

2.2.5  Other interested parties 

in  support  of  a 
Some  30  organizations  and 
Framework Directive. Most of the comments welcomed the broad outline given by the Commission, 
though some of them disagreed with the particular structure in the Communication. 

in  writing,  all 

individuals 

responded 

In  addition  to  the  written  comments,  the  Commission  organized  a  two-day  Conference  on 
28/29 May 1996. The Conference was attended by some 250 delegates including representatives of 
Member  States, enforcement  agencies, local authorities, water  providers,  industry,  agriculture and, 
not least, consumers and environmentalists. 

The Conference produced a wide-ranging and stimulating debate on all aspects of the Commission's 
proposals. The main sessions dealt with river basin management, the integration of water policy into 
other  policy  areas,  setting  emission  limits:  the  use  of  quality  and  emission  standards,  and  water 
quantity  management.  No  formal  conclusions  were  adopted,  though  a  document  listing  the  main 
issues discussed is available upon request from the Commission (DG XI, Unit Dl). 

2.3  The purpose of the proposal for a Water Framework Directive 

The four main objectives of a sustainable water policy are: 

the provision of drinking water; 

the provision of water for other economic requirements; 

the protection of the environment; and 

the alleviation of the impact of floods and droughts. 

These objectives are not always mutually compatible. In particular it noted that the third element, the 
protection of the environment, was especially vulnerable and in need of particular attention. 

It  is  also  clear  that  the  role  of the  Community  is not  the  same  in  each  of  these  four  areas.  The 
principle of subsidiarity,  when applied to the four  objectives,  does not  produce the  same results in 
each case. 

that 

reached 

the  conclusion 

the  principle  objective  of 

the 
The  Commission  has 
Water Framework Directive must be for the protection of the environment, but that  such protection 
also  makes  a  strong  contribution  to  the  first  two  objectives  by  protecting  the  raw  resources. 
Prevention and alleviation of floods and droughts depends extensively on regional and local physical 
planning and action in which the various specific conditions paly a major role. The Commission sees 
less  of  a role  for  the  Community  in the  alleviation  of the  impact  of  floods  and  droughts,  though 
clearly  measures  taken  to  secure  the  sustainable  use  of  water  as  a  resource  should  also  help  to 
achieve the fourth objective. Finally, this is a "Framework" Directive and, as such, it should establish 
a structure within which the four  objectives can be better integrated at the national or regional level 
even if the Directive itself concentrates on environmental  protection.  The importance of taking into 
account  also  the  possible  effects  of  climate  change  on  water  policy  has  been  pointed  out  to  the 
Commission.  The  Commission  agree  to  this  in  principle,  and  indeed  has  put  action  behind  this, 
inter alia  tlirough  the  adoption  of  a  number  of  proposals  for  action  in  the  field  as  well  as  the 
allocation of funding  in the Community research budget. It is believed that the Framework Directive 

as such should offer  a context where any concrete effect  of climate change could be dealt with but it 
has  been  difficult  to  envisage  any  concrete  provision  in  the  Directive  foreseeing  such  action.  If 
necessary, the possibility of developing a Commission strategy included in the Directive may be used 
to address this issue. 

The Water Framework Directive will achieve its objectives in four main ways: 

it  will  provide  an  overall  framework  within  which  Community,  national  and  regional 
authorities can develop integrated and coherent water policies; 

it will provide a  "safety  net"  to  identify  water  issues which are not  adequately  addressed  at 
present and will require action to be taken at the appropriate scale to remedy the situation; 

it will establish a sound basis for the collection and analysis of a large amount  of  information 
on  the  state  of  the  aquatic  environment  and  the  pressures  being  placed  upon  it.  This  will 
provide  the  essential  information  base  upon  which  the  competent  authorities  can  develop 
sensible and sustainable policies, and 

it  will  require  transparency  based  on  the  publication  and  dissemination  of  information  and 
public  consultation.  It  will  also  establish  a  network  for  the  exchange  of  information  and 
experience between water professionals throughout the Community. 

2.4  The structure of the proposal for a Water Framework Directive 

The Water Framework Directive establishes the overall objective of achieving good water status and 
it requires: 

river  basin management; 

an assessment of the characteristics of the river basin; 

monitoring of the status of the surface water and groundwater of the river basin; 

the establishment of programmes of measures to achieve the objective; 

the summarizing of all the above in a "River Basin Management Plan"; and 

public consultation on that Plan. 

In addition, it contains requirements for: 

a mechanism to ensure that water use is paid for at full cost recovery prices; 

feedback  mechanism 

a 
particular problems; 

to 

inform  national  authorities  and 

the  Commission  of 

action to combat accidental pollution; 

simplified  reporting procedures; and 

a  procedure  for  the  development  of  coordinated  strategies  for  dealing  with  pollution  by 
individual pollutants or groups of pollutants. 

Further,  the  Directive  establishes. a  Committee  with  horizontal  responsibilities,  taking  over 
responsibility  from  the  Directives  repealed  by  this  Directive  and  will  serve  any friture need  for 
Committees in the area of Community water legislation. Only one of the Directives repealed by this 
Directive has a Committee but in the long term a Committee Superstructure will unfold. 

2.5  The  relationship  of  the  proposal  for  a  Water  Framework  Directive  to  other 

Community legislation 

2.5.1  The proposal for an Ecological Quality of Water Directive (COM(93) 680 final)21 

The  proposal  for  a  Water  Framework  Directive  will  replace  the  Ecological  Quality  of  Water 
proposal.  All  the  main  elements  of  the  Ecological  Quality  proposal  can  be  found  in  the  new 
proposal, but the scope has been expanded to cover groundwater and to deal with some of the water 
quantity issues. It has been expanded to create a clearer "framework"  and to clarify the relationships 
with the rest of water policy. Of course, the new proposal has also benefited from the discussions in 
the Council, the European Parliament and elsewhere on the earlier proposal. 

2.5.2  The  Groundwater  Directive 

and 
Groundwater Action Programme (COM(96) 315  final)23 

(80/68/EEC)22 

the  proposal 

for 

a 

The Groundwater Action Programme was originally intended, inter alia, to lead to a revision of the 
Groundwater  Directive,  but 
the 
the  Communication  came 
Groundwater Directive  should  be  repealed  and that  provisions  for  the  protection  of  groundwater 
should  be  included  in  the  Framework  Directive.  Many  of  the  recommendations  in  the 
Groundwater Action  Programme  are  therefore  also  found  in  a  legally  binding  form  in  the 
Framework Proposal. However, many other aspects of the Groundwater Action Programme cannot 
be implemented through the Framework Directive, but relate to other policy areas and to  measures 
which have a less formal nature. 

the  conclusion 

that 

to 

24 
2.5.3  The Drinking Water Directive (80/778/EEC) 

The  Commission  has  recently  proposed  a  revision  of  the  Drinking  Water  Directive25.  Both  the 
Directive and its proposed revision set standards for the water actually provided to consumers rather 
than for the state of the environment.  Article 8 of the Framework Directive requires all waters used 
for the abstraction of drinking water to be identified and for quality standards to be established which 
enable  the  standards  in  the  Drinking  Water  Directive  to  be  met  under  the  expected  water 
treatment regime. 

OJNoC222,  10.8.1994, p. 6. 
O J N o L 2 0,  26.1.1980, p. 43. 
OJ reference not yet available. 
OJNoL229,  30.8.1980, p.  11. 
O J N oC  131, 30.5.1995, p.5. 

26 
2.5.4  The Bathing Water Directive (76/160/EEC) 

The  Commission  has  come  to  the  conclusion  that  the  Bathing  Water  Directive  makes  a  distinct 
Community  contribution  to  the  integration  of  environment  policy  and  tourism  policy  and  that  it 
benefits from having a clear,  separate identity.  However,  the Directive will be closely  coordinated 
with the Framework Directive because its "bathing waters" and their associated obligations will have 
to  be  incorporated  into  the  River  Basin  Management  Plans.  The  Commission's  proposal  for  a 
revision of the Bathing Water Directive27 therefore remains on the table. 

28 
2.5.5  The Integrated Pollution Prevention and Control Directive (96/61/EC) 

The Integrated Pollution Prevention and Control Directive (IPPC) cannot be said to be a "daughter" 
to the Framework Directive, because it deals, in an integrated fashion, with emissions to air and soil 
as well as to water. However, it will have a central role in the control of point source pollution at the 
source, and thus clearly has a close relationship to the Framework.  See also sections 4.1, 4.2 and 4.3 
for a description of the measures, on pollutants included in the proposed Framework Directive. 

29 
2.5.6  The Dangerous Substances Directive (76/464/EEC) 

The Commission believes that the Dangerous Substances Directive will become redundant  once the 
IPPC  Directive,  the  proposed  Water  Framework  Directive  and  a  future  proposal  for  a  Directive 
dealing with pollution from small industries have been adopted  and are fully  implemented.  See also 
sections 4.1, 4.2  and  4.3  for  a description  of the measures  on pollutants included  in the  proposed 
Framework Directive. 

30 
2.5.7  The Surface Water Directive (75/440/EEC) 

The  Framework  Directive  proposes  to  repeal  the  Surface  Water  Directive  once  the  programmes 
of measures  in the  Framework  are  in  place.  However,  the  Framework  Directive  will  replace  the 
Surface Water Directive's requirements with an obligation to identify  all water  bodies used  for  the 
abstraction  of drinking  water,  including  groundwaters,  and  to  establish  appropriate  environmental 
quality standards to ensure compliance with the Drinking Water Directive following treatment. 

2.5.8  The Fish Water Directive (78/659/EEC)31 and the Shellfish Water Directive" 

The  Framework  Directive  proposes  to  repeal  both  these  Directives  once  the  programmes  of 
measures  in the  Framework  are  in  place.  At  present,  both  Directives  apply  only  to  those  waters 
which Member  States  identify  as fish waters  or  shellfish  waters.  They do  not,  therefore,  offer  any 
sort  of  uniform  or  universal  protection  and  it  is  clear  that  the  Member  States  implement  the 
Directives  in  very  different  ways.  The  Framework  Directive,  on  the  other  hand,  will  provide 
protection to  all surface  waters up to  the level of "good  surface  water  status" and will continue to 
allow Member States to use specific quality parameters for fish and shellfish waters if they wish. 

28 

29 

30 

31 

OJ No L 31.5.2.1976,  p. 1. 
O J N oC  112. 22.4.1994, p. 3. 
OJ No L 257.  10.10.1996. p. 26. 
O J N oL  129.  18.5.1976, p. 23. 
O J N oL  194. 25.7.1975, p. 26. 
OJNoL222.  14.8.1978, p.  1. 
O J N oL  281. 10.11.1979,  p. 47. 

,33 
2.5.9  The Information Exchange Decision (77/795/EEC) 

The  Framework  Directive  proposes  to  repeal  the  Exchange  of  Information  Decision  once  the 
Programmes  of  Measures  are  in  place.  The  wealth  of  information  to  be  collected  under  the 
Framework Directive, together with the work of the European Environment  Agency to collate and 
analyse that information, will make the Decision irrelevant. However, the Commission, together with 
the Agency, will consider whether it might be useful to propose a thoroughly revised version of the 
Decision in order to give legal support to the work of the Agency in this area. 

2.5.10  The Reporting Directive (91/692/EEC)34 

The Reporting Directive establishes a three-year reporting cycle for a number of Directives covering 
water-related,  air-related  and waste-related  legislation.  Most  of the Directives  in the  water  cycle 
are due  to  be  repealed  in  2007  and  will  be  replaced  by  the  Framework  Directive.  The 
Framework Directive  will  not  report  via  the  Reporting  Directive,  but  will  establish  a  six-year 
reporting schedule in synchrony with what remains of the water cycle of the Reporting Directive. 

2.5.11 

International Conventions 

In a variety of legal formats, the Community and/or its Member States are signatories to a number of 
international conventions for the protection  of seas, lakes, rivers and groundwaters. Membership of 
these organizations is varied and includes a number of non-Member States. 

The  Commission  has  been  criticized  for  allowing  inconsistencies  to  develop  between  the  way  in 
which  the  various  organizations  deal  with  particular  issues  and  it  has  been  suggested  that  the 
the 
Framework  Directive  should  be  used 
European Community  clearly  cannot  legislate  to  force  non-Member  States  to  follow  particular 
policy lines during negotiations under these various Conventions. 

to  ensure  greater  consistency.  However, 

Nevertheless,  as far  as  is possible,  the  Commission  is doing  what  it  can to  reduce  the  problems. 
Increasingly,  the  Commission  is  organizing  a  common  Community  approach  within  these 
organizations (in many of which, Member States form a majority  or a significant  block). In addition, 
the  Framework  Directive  attempts  to  work  with  these  organizations  by  creating  a  role  for  them 
within  the  administration  of  the  Directive  (see  Article  3).  Existing  international  river  basin 
organizations are accommodated  as much as possible and those which include non-Member  States 
are encouraged (but obviously not required) to work along the same lines. 

The  implementation  of  the  United  Nations  Convention  on  the  Protection  and  Use  of 
Transboundary Water  Courses  and  International  Lakes  (which  also  covers 
transboundary 
groundwaters) will be greatly assisted by the measures proposed in this Directive. 

Marine  waters  are  not  directly  addressed  in  this  Directive  (although  coastal  waters  and riverine 
inputs clearly are). The relevant international conventions for the protection of the seas are therefore 
not  as closely associated with this Directive as the river basin organizations  are. Nevertheless,  the 
Commission recognizes the importance  of the conventions for  the protection  of regional  seas and, 
along with the relevant Member States, plays a full part in their work. 

33 

34 

OJ No L 334, 24.12.1977, p. 29. 

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

2.6  Legal base 

The Commission is proposing this Directive under Article 130s(l) of the Treaty. The Directive aims 
at  maintaining  and  improving  the  aquatic  environment  in  the  Community  and  establishes  the 
objective  of  achieving  at  least  a  good  status  of  surface  waters  and  groundwater  within  the 
Community.  The  provisions  of the Directive have been  drafted  in  order  to  provide  the  necessary 
coordination of administrative structures and procedures which should  ensure the protection  of the 
quality and quantity of the waters of the Community. 

The Directive  provides  the  overall  framework  within which  Member  States  and  the  Community, 
within their respective responsibilities, can develop the basis for a sustainable protection and use  of 
water,  inter  alia,  with  a  view  to  questions  of  a  transboundary  nature.  The  procedures  for 
coordination between  administrative structures laid down by the Directive will also provide a basis 
for the coordination of measures ensuring a combined use of emission control at source and quality 
objectives  for  the  aquatic environment  independent  of whether  such measures  are required  by this 
Directive or by other Community or national legislation dealing with water quality. 

Other provisions of the Directive offer  a common frame of reference for any monitoring of the status 
of waters required under other legislation or by this Directive with a view to improving water quality 
and quantity across the Community. 

In this  respect,  control  of  quantity  is  one important  parameter  in  the  assurance  of  a  good  water 
quality  and,  as  a  new  element  of  Community  water  policy,  provisions  have  been  introduced 
according  to  which  Member  States  shall be  responsible  for  establishing  of  procedures,  including 
licensing or prior authorization of water abstraction to ensure that  surface waters and  groundwater 
are  not  overexploited  and  that  fresh  water  quality  is  not  deteriorating  as  a  consequence  of  the 
lowering of water tables or the reduction in the base flow of surface waters. 

The  bulk  of  the  Directive  deals  with  water  quality  issues,  with  quantitative  aspects  included 
principally to assist in the achievement of water quality objectives; the choice of legal basis  reflects 
this approach. 

2.7  Timing 

The text of the Commission's proposal is based on the assumption that the Framework  Directive is 
adopted by the Council at the end of  1997.  If the Directive is adopted at a later date, all the various 
deadlines will need to be modified  accordingly. The timetable envisaged in the proposed Directive is 
coordinated with the reporting cycle for water in the Reporting Directive (91/692/EEC)j5.  The key 
deadlines are as follows: 

Dec  1997  Council adopts Directive. 
Dec  1999  Member States transpose Directive. 

Commission  adapts Annexes II,  HI, V to  scientific  and  technical  progress.  Competent 
authorities designated. 

Dec 2000  Waters used for the abstraction of drinking water designated (Article 8). 
Dec 2001  Analyses of the characteristics of River Basin Districts completed (Article 5). 
Reviews of the environmental impact of human activity completed (Article 6). 

OJNoL  377. 31.12.1991, p. 48. 

10 

Economie analysis of water use completed (Article 7). 
Registers of Protected Areas completed (Article 9). 
Monitoring programmes operational (Article 10). 
Dec 2003  Draft River Basin Management Plans published (Article 17). 
Dec 2004  River Basin Management Plans published covering 2005-2010 (Article 16) 
Dec 2006  Commission publishes first report on implementation (Article 22). 
Dec 2007  Programmes of measures fully operational (Article 13). 

Some existing legislation repealed (Article 24). 
Dec 2010  Deadline for objective of meeting "good status" (Article 4). 
Deadline for objective of charging (Article 12) 
2nd River Basin Management Plans published covering 2011-2016. 

Dec 2013  Commission reviews Directive (Article 23). 

During the period of coexistence of this proposal with legislation already in force but destined to be 
repealed, a particular effort  will be needed to ensure coherence of activities. The Commission will in 
particular ensure this coordination through the committee set up by this Directive. 

3. 

SPECIFIC ISSUES RELATING TO THE PROPOSAL 

3.1  The combined approach to the control of pollution 

The proposed Water Framework Directive will confirm the "Combined Approach" to the protection 
of water. 

The  proposal  will  establish  a  number  of  requirements  which  ensure  that  environmental  quality 
objectives and standards are established on a common basis throughout the Community. It will also 
ensure that these efforts  are coordinated with the emission limit controls of various kinds established 
in other pieces of Community environmental legislation such as the Integrated Pollution Prevention 
and Control Directive (IPPC) (96/61/EC)'16, Both sorts of controls will reinforce  each other and, in 
any particular situation, it will be the more rigorous approach which applies. If it proves necessary to 
adopt  uniform  emission  limit  values  or  uniform  environmental  quality  standards  for  particular 
substances,  these  measures  will  be  possible  under  Article  18  of  the  IPPC  and  Article  21  of  the 
proposed Framework Directive, respectively. 

It  is true  that  the  Commission  is  not  proposing  a  single  "Water  Directive"  encompassing  all  the 
elements of the Combined Approach in a single piece of legislation, but the Framework Directive is 
designed  to  provide  the  coordination  and  coherence  of  policy  without  the  need  for  such  an 
overwhelming and unwieldy measure. 

The main tool for  ensuring this coordination is the programme  of measures, which forms  a central 
element  of the  River  Basin  Management  Plans  required  by  the  Framework  proposal.  One  of  the 
"basic" measures required  in the programme under  Article  13 is the implementation  of all relevant 
Community  legislation,  including  the  IPPC  and  other  pieces  of  Community  legislation  from  both 
sides of the Combined Approach such as those listed in Annex VI, Part A. 

36 

OJ No L 257.  10.10.1996. p. 26. 

11 

A further  link between the two sides of the Combined  Approach is that the IPPC requires emission 
controls  based  on  Best  Available  Techniques  (BAT),  but,  in  Article  10,  it  states  that  further 
measures  must  be  taken  if  BAT  is  insufficient  to  meet  environmental  quality  standards.  The 
Framework Directive will supply some of those standards. 

Finally, the Framework  Directive  proposal  allows the  Commission to  develop "strategies" to  deal 
with the problems of pollution from particular pollutants.  Such strategies will allow all the  différent 
elements of Community legislation with an impact on water protection to be coordinated to produce 
a solution to the problem. 

A  further  point  is worth  mentioning  in this  context  One  of the  more frequent comments  on  the 
Communication was that it did not adequately address the question of dangerous substances and, in 
particular, that it paid insufficient  attention to the future  fate of the Dangerous Substances Directive 
(76/464/EEC)37 and the emission limit values and the environmental quality objectives for individual 
substances  adopted  under  its  various  "daughter"  Directives.  Concern  was  expressed  that  the 
monitoring  of  water  would  be  based  entirely  on  "ecological"  or  "biological"  parameters  without 
reference to dangerous substances. The Commission has addressed this issue in the following way: 

The requirement of the Dangerous Substances Directive for emission limit values based either 
on BAT or on environmental quality objectives will be overtaken by the BAT-based  emission 
limit  values  required  under  the  IPPC.  Together  with  a  proposal  which  the  Commission  is 
considering making to cover non-DPPC industries, the IPPC will make the emission limit value 
part of the Dangerous Substances Directive redundant. 

The Commission has considered  what remains of the Dangerous  Substances Directive to  see 
whether it is worth retaining. The only significant  remaining elements are the programmes of 
measures  for  List  II  substances  and  the  mechanism  for  adopting  environmental  quality 
objectives for individual substances or groups of substances. 

The programmes are overtaken by the programmes of measures required under Article  13 of 
the proposed Framework Directive. 

The existing quality objectives in the daughter Directives have also been incorporated  into the 
Framework  via  a  cross-reference  in  Annex  X.  These  environmental  quality  standards  will 
therefore  apply  across  the  whole  Community  once  the  Directive  is  adopted.  Further 
environmental  quality  standards  may  be  adopted  through  specific  Directives  addressing 
individual substances or groups of substances as appropriate. 

The  approach  taken  towards  pollution  in  the  proposed  Framework  Directive  can  be 
summarized as follows: 

the inclusion of a list of pollutants in Annex VIII; 

the  provision  in  Article 21(4)  for  the adoption  of environmental  quality  standards  for 
pollutants and their inclusion in Annex  X; 

the requirement in Article 6 and Annex III to assess point source and diffuse  pollution; 

37  OJ No L  129,  18.5.1976, p. 23. 

12 

the requirement  in Article  10 and Annex V for  monitoring  of waters for  the  presence 
of pollutants; 

the requirement  in Article 4, and through the definitions  of "good surface water status" 
and  "good  groundwater  status",  that  respecting  the  environmental  quality  standards 
forms a part of the overall environmental objectives of the Directive; 

the  requirements  in Articles  13 and  14 for  specific  measures  to  be  taken  where  the 
environmental quality standards are not being met; and 

the mechanism in Article 21 which allows the Commission to rationalize and coordinate 
its  strategies  for  dealing  with  individual  pollutants  and,  where  necessary, adopt 
proposals for new environmental quality standards or take other appropriate action. 

For  the  present,  the  Commission  has  not  proposed  repealing  the  Dangerous  Substances 
Directive and its five daughter Directives. However, it will be possible to repeal them once the 
Framework  Directive,  the  Integrated  Pollution  Prevention  and  Control  Directive  and  the 
non-IPPC industries Directive are fully implemented. 

The only environmental quality standards included  in Annex X at present  are those currently 
found  in the  daughter  Directives  to  the  Dangerous  Substances  Directive.  It  is  not  entirely 
satisfactory to transfer these standards without reconsidering them in the light of new scientific 
evidence, but the Commission felt that this would have unnecessarily delayed the adoption of 
the  Framework  Directive.  However,  Article  21  of  the  Directive  allows  the  Commission  to 
develop  "strategies"  for  individual  substances  and,  as  a  result  to  consider  the  need  for 
environmental  quality standards. The Commission intends that the substances covered  by the 
daughter Directives will be amongst the first to be addressed by the Commission in this way, 
inter alia taking into account scientific and technical progress with respect to ecotoxicological 
methods for risk assessment and the need for adjustment  of results of laboratory modelling to 
"real life" conditions in the aquatic environment. 

3.2  Diffuse  source pollution 

The term "diffuse  source pollution" covers a wide range of widely differing  phenomena and the only 
thing they  really have  in common  is that  they  are pollution  which  is not  "point  source"  pollution. 
As authorities  become  more  successful  at tackling point  source  pollution,  diffuse  sources  become 
relatively more and more important and need to be addressed. However, there is not a single, simple 
solution. The range of solutions is as wide as the range of problems. 

The  proposed  Framework  Directive  does  not  try  to  incorporate  all  the  solutions  into  a  single 
Directive.  The  problems  of  agricultural  nitrate  pollution  will  continue  to  be  dealt  with  under  the 
Nitrates Directive (91/676/EEC)38. The Plant Protection Products Directive (91/414/EEC)39 and the 
proposed  Biocides Directive (COM(93) 352 and COM(95) 387 - COD 465)40  will continue to be 
the main tools for  combatting  pollution from those  substances  and  the Framework  Directive  does 

OJNoL  375. 31.12.1991, p. 1. 
O J N oL  230,  19.8.1991, p. 1. 
OJ No C 239. 5.9.1993. p.  1  and OJ No C 261. 6.10.1995, p. 5. 

13 

not require any changes to those Directives. Where necessary, product controls of various sorts can 
be established under the Restrictions on Marketing and Use Directive (76/769/EEC)41. 

However, the Framework Directive does include provisions which will improve the coordination of 
such  efforts.  It  includes  a  requirement  under  Article  6  for  competent  authorities  to  make  an 
assessment  of the  extent  and  location  of  diffuse  source  pollution  and it  includes  a  mechanism  for 
identifying and addressing such problems at a local, national and Community level (see section 4.1). 

3.3  Common standards 

Some  requests  have been  made  for  common  and  uniform  standards  across  the  Community.  The 
Commission has reached the conclusion that uniform  emission limit values and quality standards are 
appropriate  in  some  circumstances,  but  are  not  always  the  appropriate  policy  response.  In  some 
cases,  local  circumstances  will  require  differences  in  the  specific  standards  set.  However,  it  is 
important  to  set  uniform  standards when they  are required  and  to  ensure that  the  overall  level of 
ambition, the overall environmental objectives, are established at a common and ambitious level. 

3.3.1  Emission limit values 

The  Framework  Directive  itself  does  not  set  emission  limit  values,  but  it  coordinates  those 
required under  other  pieces  of  legislation,  most  notably  the  Integrated  Pollution  Prevention  and 
Control Directive (IPPC) (96/61 /EC)42. The IPPC does not require common emission limit values in 
all cases, but contains a mechanism in Article  18 for establishing them where necessary. Nothing in 
the Framework Directive will allow derogations of any sort from the requirements of the IPPC. 

3.3.2  Environmental quality standards 

Annex  X  of the Framework  Directive  has taken  over  the various  environmental  quality  standards 
from  the Daughter Directives to the Dangerous Substances Directive (76/464/EEC)43 (in which they 
are, rather confusingly,  referred to as "Environmental Quality Objectives"). Whereas these standards 
were  previously  only  applicable  to  those  Member  States  choosing  to  use  the  "quality  standards" 
approach in the Dangerous Substances Directive, the Framework Directive now applies them across 
the  Community.  Article  21(4)  of  the  Framework  Directive  also  contains  a  mechanism  for 
establishing new common quality standards where appropriate. 

3.3.3  Environmental quality objectives 

The  overall  environmental  quality  objectives  of  the  Directive  are  established  in  Article  4.  These 
objectives are to reach and/or maintain "good" status in all surface waters and groundwaters, and to 
comply with the  standards or objectives  for  "Protected  Areas", by the year 2010. These  objectives 
are common throughout the Community. 

A few minor exemptions from the need to reach "good" status, or from the timetable to reach it, are 
permitted under the strict conditions established in Articles 4(3) and 4(4). 

41 
42 
43 

O J N oL  262. 27.9.1976, p. 20. 
OJNoL  257.  10.10.1996, p. 26. 
OJ NoL  129.  18.5.1976. p. 23. 

14 

"Good  status"  is defined  in Article 2  and  establishes  a  common  level  of  ambition  throughout  the 
Community.  Annex  V  establishes  the  basic  criteria  for  such  monitoring.  For  surface  waters,  it 
includes ecological monitoring of the physico-chemical, biological and physical characteristics of the 
water body as well  as  chemical  monitoring  for  the  polluting  substances  listed  in Annex  VUI.  For 
groundwaters, it includes monitoring of the quantity of groundwater and chemical monitoring for the 
substances listed in Annex VU!. More details can be found in Annex V of the proposal. 

Clearly, the natural conditions of surface waters and groundwaters vary enormously throughout  the 
Community and, therefore, it is not always possible or desirable to establish identical methods or, for 
example, parameters or parametric values for use in all circumstances. Nevertheless, the Commission 
believes that the basic criteria have been established for the technical Annexes which, combined with 
the broad definitions  of "good  status" in Article 2, will allow fair  comparisons to be made and will 
allow the environmental objectives of Article 4 to be truly "common" to all Member States. 

The Commission recently commissioned  a study on the ecological  quality aspects of surface  water 
monitoring which demonstrated that  such an approach is possible and can be developed  within the 
timescale  envisaged  in  the  Framework  Directive.  Copies  of  the  report  and  of  the  Commission's 
summary of it can be obtained from Unit Dl  of DG XI. 

3.4  Coordination within River Basin Districts 

The  Commission  has  noted  the  almost  universal  support  which  the  consultation  process  has 
demonstrated  for the principle of using the River Basin District  as the fundamental  and natural unit 
for protection and use of water. The proposal for a Framework Directive therefore  establishes river 
basins as the primary administrative unit for the purposes of water management. However,  although 
the  Proposal  requires  that  monitoring  and the  establishment  of  programmes  of  measures,  etc.  be 
implemented  throughout  river  basins,  it  allows  this  to  be  achieved  through  coordination  of 
administrative efforts  rather than by the imposition of a single agency or authority. Thus, the role of 
a Competent Authority can vary from one of having a specific, even limited responsibility within the 
coordinated  administrative  structure  to  a  fully  fledged,  centralized  authority  depending  on  the 
administrative traditions of the relevant Member States. 

3.5  Monitoring and the European Environment Agency 

A large part of the proposal for a Water Framework Directive concerns the collection of various sets 
of data on the state of the environment and the pressures on that environment. The data is collected 
largely  for  operational  reasons  to  inform  decision  making  within  the  individual  river  basins. 
However, the data is also, potentially, an extremely rich source for  surveillance monitoring exercises 
of the  sort  carried  out  by national  authorities,  the European  Environment  Agency  and  within  the 
Commission  in  particular  the  Community  Authority  in  charge  of  statistics  (Eurostat)  in  order  to 
identify  trends and to  inform  decision making at a national and Community level. The Commission 
has therefore kept in close touch with the European Environment Agency during the preparation of 
this  proposal.  The  collection  and  processing  of  data  on  the  status  of  and  pressures  on  the 
environment by the Community Authority in charge of statistics is of equal importance for this task 
and  a  close  involvement  of  both  institutions  will  be  ensured  in  the  implementation  of  the 
Framework Directive. 

15 

The  Agency  is currently  working  on  the  design  of  a  surveillance  network  of  monitoring  stations 
which will be based  on existing  stations  supplemented,  where  necessary,  by  additional  stations  to 
give an overall picture. The monitoring programmes required by this proposal will extend the range 
of stations which the Agency can draw upon in developing its network: 

3.6  Community co-financing 

In recent years, and through initiatives such as the reform of the Structural Funds in 1988, increased 
Community co-financing  of environmental infrastructure  and other investments has become a major 
feature of the regional development priorities of the Member States in particular in Objective  1  and 6 
areas.  For  the  period  1994-99,  approximately  ECU  8  billion  (1994  prices)  is  committed  to 
environmental  investments within the Member  States under the various  regional  objectives  of the 
Structural Funds. In addition, between  1993 and  1995, over ECU  1.7 billion has been committed to 
a  range  of water  management  infrastructure  in the four  Cohesion Member  States. Funds  are  also 
available for projects in the water sector from the European Investment Bank (EIB). This proposal 
will further  strengthen the basis upon which investment needs are made and will enhance the regional 
planning process both now and in the future. 

3.7  Charging for water use 

The abstraction and consumption of surface water and groundwater  and the emission of pollutants 
into  surface  water  are  distinct  ways  of  using  water.  These  activities,  as  well  as  some  in-situ 
water uses,  have the  potential  to  cause  damage to  the  environment  if they  are not  controlled  and 
regulated  and,  in  fact,  such  activities  are  the  subject  of  a  great  deal  of  legislation  which  will  be 
coordinated  within  the  framework  of  this  Directive.  Whilst  the  Commission  recognizes  the 
difficulties  inherent  in attributing  difiuse  pollution to  its exact  source,  it feels  that  the  cost  of  this 
pollution  is  internalized  in  existing  legislation  which  follows  the  polluter-pays  principle,  e.g.  the 
Nitrates Directive. 

However,  there  is  scope  for  improving  the  efficiency  of  water  use  and  the  effectiveness  of 
environmental  provisions relating to  its use by  ensuring that,  so  far  as is reasonable,  the  price  of 
water  is  a  genuine  reflection  of  the  economic  costs  involved,  including  the  environmental  and 
resource  costs.  This  concept  was  not  outlined  in  the  Commission's  Communication,  but  has 
emerged from the  consultation  exercise  as  a means  of more  fully  implementing  the  polluter-pays 
principle in this sector. 

To this end,  Article  7 of the Directive requires an economic  analysis of different  water uses to be 
carried out which, inter alia, will allow a more realistic view of the economic costs of different  water 
uses in the River Basin Districts to emerge. Article  12 then requires that prices for water use reflect 
the economic costs more closely. 

Charges for water that  more closely reflect  the economic costs placed on society and the economy 
are  a  way  of  reinforcing  effective  demand  management  of  an  increasingly  scarce  resource  and 
therefore have an incentive function.  In addition, they will help provide the necessary funding for the 
water sector and, in particular, they help finance environmental protection measures and preventive 
actions.  They therefore also have a financing  function. 

16 

For  the  water  uses  addressed  by this  Directive,  the  most  important  elements  of  these  economic 
costs are: 

The costs of providing the necessary  services for  water uses. These  services concern mainly 
the abstraction and distribution of fresh water and the collection and treatment of waste water. 
More  generally,  they  concern  all  pollution  prevention  and  control  measures  required  by 
public authorities, mainly by way of legislation. Prices or charges that reflect all of the costs for 
these services are called lull cost recovery prices. 

Environmental costs and resource depletion costs. These might be relevant  depending on the 
hydrological and socio-economic conditions as well as the legal and administrative provisions 
in the river basin. These costs represent the costs of environmental damage that certain water 
users impose on other users, including future users, or on society as a whole and the costs of 
foregone  opportunities which other water users suffer  due to  depletion  of a resource beyond 
its natural rate of recharge or recovery. 

From  consultation  with Member  States,  in particular  the  group  of Member  States  environmental 
economists (ENVECO), and with other interested parties, an objective of implementing the principle 
of  full  cost  recovery  prices  for  all  water  uses  has  emerged  as  the  principle  of  sound  water 
management.  In fact,  a number  of Member  States (Denmark,  Germany, the Netherlands,  Sweden, 
the United Kingdom, and within the European Economic Area, Iceland) have implemented  the full 
cost  recovery  principle  for  waste  water  collection  and  treatment  as  well  as  for  fresh  water 
abstraction  and  distribution  throughout  their  economy,  or  are  on  the  way  to  doing  so.  Other 
Member  States  have  partial  cost  recovery  or  legislation  to  that  effect  (Belgium,  France,  Italy, 
Austria, Portugal, Finland, and within the European Economic Area, Norway). 

Article  12 of  this  Directive  obliges  Member  States  to  ensure  that  all  costs  (as  specified)  for  all 
services in relation to water use are fully  recovered,  overall,  i.e. from the entirety  of users,  and by 
economic  sector,  i.e.  from  within  each  economic  sector  when  splitting  up  all water  uses  of  that 
particular  service  of  that  particular  sector  into  at  least  the  following  three  economic  sectors: 
households,  industry,  and  agriculture  by  2010.  These  provisions  aim  at  reducing  direct  State  aid, 
usually paid for from tax revenues, cross subsidies between economic sectors, and subsidies between 
current and future useis (provisions for building up reserves). 

Available evidence of cross subsidization  for  service costs between economic sectors suggests that 
subsidies  flow  from  households  to  industries  in  the  richer  regions  of  the  Community  and  from 
industry  to  households  in the poorer  regions.  In parts  of the  Community  with  considerable  water 
stress there is also evidence of subsidies from households and industry to agriculture, e.g. in the form 
of first come, first served abstractions upstream or through unaccounted for emissions of pollutants. 
Implementation of full cost recovery prices by economic sector aim at increasing transparency of the 
financial transactions  involved.  Transparency  is  important,  not  least  for  assessing  matters  of 
distortion of competition, in all non-household water uses. Cost recovery by sector can also prevent 
certain abuses of monopoly position. 

Article  12 further  obliges Member  States to  ensure that,  where necessary,  the price of water  uses 
also  reflects  environmental  costs  and  resource  depletion  costs.  Some  environmental  costs  and 
resource  depletion  costs are already implemented  in several Member  States,  so far  mainly through 
taxes and charges on water pollution or abstraction (e.g. Belgium, Denmark, Germany, France, the 
Netherlands,  Finland).  Setting  the  level  of  these  charges  should  be  based  on  estimates  of  the 
associated damages from the water pollution and abstraction in question, and on an understanding of 

17 

the  demand  elasticities  for  these  activities.  The  economic  analysis  required  under  Article  7  is 
intended to provide the necessary information.  It is important to  note that these economic analyses 
necessarily  have  to  be  carried  out  on the River  Basin  District  level,  since  this  is the  level  where 
effects on the environment and on other members of society can most completely be understood. 

Price differentials  stemming from differing  natural conditions in different  River Basin Districts should 
not  be  viewed  as  distortions  to  competition,  as  long  as  they  are  genuine  reflections  of  the 
environmental costs and resource depletion costs involved. 

Transparency  and  comparability  of  economic  assessments  and  price  calculations  will  be  ensured 
through common principles in the Directive and this should make exchange of experience easier and 
lead  to  the  acquisition  of  essential  skills  for  informed  water  management  within  competent 
authorities  and  to  more  involvement  of  the  public.  For  this  purpose,  common  principles  for  the 
economic  analysis  of  water  use  are  outlined  in Article  7  and  technical  specifications  indicated  in 
Annex II. 

It will be for the Member States to consider how to implement the full cost recovery obligation, and, 
in particular,  if,  how and when to  impose the charges representing the environmental  and  resource 
costs, taking into account the exemptions in Article  12. In the main, these charges simply reflect the 
actual costs involved. 

3.8  Network and biennial conference 

The list of competent authorities and of the names of correspondents will form a natural network of 
water professionals,  including water  users which the Commission  considers could be an extremely 
valuable  resource.  In  particular,  the  Commission  is  considering  holding  regular,  possibly  biennial, 
conferences  of all the correspondents or of specialists in order to  discuss areas of common interest 
and  to  compare  the  different  approaches  which  they  have  adopted.  Other  activities  such  as  the 
publication  of  a  network  magazine,  the  development  of  training  and  educational  material  or  the 
exchange of seconded experts might also be possible. The Commission would welcome suggestions 
in this area. 

4. 

ECONOMIC  ANALYSIS 

4.1 

Introduction 

The  Commission  is fully  committed  to  the  principle that  all  proposals  should  be  accompanied  by 
economic analyses, but recognizes that, in some cases, they will necessarily be short on details. This 
is the case with the Water Framework Directive. 

There is a certain irony in the fact that the Framework Directive is designed to establish many of the 
information  gathering  mechanisms  that  would  have  enabled  the  production  of  a  more  complete 
economic analysis of the proposal itself. 

The  proposal  simultaneously  requires  the  monitoring  of  the  state  of  the  environment  and  that 
measures be taken to ensure that the status is "good". The available information  on the state of the 
environment is, therefore,  insufficient  to establish exactly how much further  effort  needs to be made. 
Until the monitoring requirements of the proposal are implemented it will not be possible to say with 
any precision  exactly how severe the remedial  measures will have to be and, therefore,  how much 
they might cost. 

Finally, the  economic  analysis should  only consider the costs and the advantages of this  particular 
proposal.  The  Commission  therefore  has  to  assume  that  other  Directives  are  fully  implemented, 
notably the Urban Waste Water Treatment Directive (91/271/EEC)44, the Bathing Water Directive 
(76/160/EEC)45,  the  Nitrates  Directive  (91/676/EEC)46,  the  Integrated  Pollution  Prevention  and 
Control  Directive  (96/61 /EC)47  and  the  others  listed  in  Annex  VI,  Part  A.  In  many  cases  these 
Directives  are  either  inadequately  implemented  by  Member  States  at  present  or  are  still  going 
through their implementation period. Again, until these measures are fully  implemented and start to 
have an effect  on the environment it is difficult  to  assess how much else will be required under the 
Framework Directive. 

Given the above difficulties,  the Commission has come to the conclusion that any comprehensive set 
of figures or estimates of costs and benefits  in financial terms would  be, at best, unreliable and, at 
worst,  misleading  or  wrong.  The  following  analysis will  therefore  concentrate  on  identifying  the 
nature  of the  costs  and  advantages  associated  with the  proposal  and  will  present figures only  for 
estimating the order of magnitude of the monitoring and management costs. 

the  Commission 

The  Commission  believes  that  the  probable  costs  of  this  proposal  will  be  affordable  over  the 
timescale involved and that the measures outlined in the proposal are all necessary for the long-term 
sustainability  of  Community  water  policy.  However, 
that 
Member States,  now  that  they  have  a  proposal  on  the  table,  may  well  be  able to  produce  more 
substantial economic  analyses of the proposal than the Commission has been able to  prepare.  The 
Commission  would  welcome  any  such work  done by the Member  States,  and  indeed,  during  the 
consultation  process  preceding  the  adoption  of  this  proposal  Member  States  have  indicated  a 
willingness  to  supply  such  information  where  possible.  In  the  unlikely  event  that  such  studies 
produce evidence that the costs to government or to private interests are excessive or unnecessary, 
the  Commission  commits  itself  to  a  constructive  dialogue  with  the  Council  (and,  where 
appropriate, with the European Parliament) over the extent to which changes in the proposal might 
be appropriate. 

recognizes 

4.2  Costs 

The  main  areas  where  the  Commission  expects  the  proposal  to  lead  to  significant  costs  are 
as follows. 

4.2.1  Administrative costs for Member States 

There will be administrative  costs associated  with the  designation  of competent  authorities.  There 
will  be  running  costs  for  these  organizations,  although  the  improved  coordination  and  a  better 
background  information  should  also  lead  to  an  improved  cost-effectiveness  within  administrative 
operations  economies  of  scale.  Operational  costs  could  range  from  close  to  zero  in  small 
River Basin Districts  with  "good  status  of  water"  and  with  established  coordination  procedures 
and functioning  control  systems  where  costs  are  offset  by  administrative  synergies.  In  contrast, 

44 

45 

46 

47 

OJNoL  135, 21.5.1991, p. 40. 
O J N oL  31, 5.2.1976, p. 1. 
O J N oL  375, 31.12.1991, p. 1. 
OJ No L 257,  10.10.1996, p. 26. 

19 

for other  River  Basin  Districts  administrative  costs  could  amount  to  ECU  0.5  million  per  year 
(monitoring excluded). 

Member States will have to establish an authorization or permit system to control water abstractions, 
where such systems do not already exist.  Similarly, they will have to establish a system for charging 
for water use. The costs of these systems depend crucially  on whether  one or the  other  scheme is 
already  implemented  and  properly  enforced.  Thus,  in  Member  States  with  properly enforced 
permitting systems, additional costs for charging schemes could be very low. However, establishing 
these systems could lead to elevated unit costs per abstraction permit or pollution unit discharged. 

The authorities will have to be involved in a higher degree of public consultation than is generally the 
case at present and will have to bear the associated costs. 

4.2.2  Monitoring costs 

Member  States will bear the  additional  costs of monitoring.  The main elements of this will be the 
monitoring of surface water status and groundwater  status, together with the monitoring of waters 
used for the abstraction of drinking water. This will be an increase in the current level of monitoring, 
particularly with regard  to the groundwater  monitoring and the monitoring of the ecological  status 
of surface waters. 

For  the  proposed  Directive  on  ecological  quality  of  water,  additional  monitoring  and  related 
costs have  been  estimated  to  the  order  of  ECU  350  million  per  year,  representing  roughly 
ECU 1  per  citizen  annually.  However,  sampling  for  "water  status",  i.e.  including  chemical  and 
quantity  aspects,  might  double  this  figure.  Some  of  this  monitoring  is  already  done  by 
Member States but for some Member  States in particular, the necessary monitoring of groundwater 
will require increased  efforts.  From  a  recent  study,  the  cost  of  monitoring  of  groundwater  status 
(quality  and  quantity)  can  very  roughly  be  estimated  at  ECU  30  million  for  the  whole  of  the 
Community where monitoring of quantity makes up about  10%. However,  the major  part  of these 
costs is incurred by requirements already in existing Community and national legislation. 

In  addition  to  the  physical  monitoring  of water  status,  the  authorities  will  have  to  complete  the 
analysis of the characteristics of the River Basin District, the review of the environmental impact of 
human activity, the economic analysis of water use within the River Basin District,  and the register 
of protected areas. None of these are likely to be as labour intensive as the monitoring requirements. 

4.2.3  Costs to private households 

The requirement for water use to be charged at full cost recovery prices might impact upon high use 
households,  but  the  exemptions  to  allow  a basic  level  of  water  use  for  domestic  purposes  at  a 
reasonable price should mitigate against large increases for most users. 

4.2.4  Costs to industry and  agriculture 

Where  measures  under  existing  Community  and  national  legislation  are  demonstrated  to  be 
insufficient  to protect  water  and the aquatic environment,  industry may be required  to take  further 
measures.  Farmers and fishermen may face  similar requirements. The extent of these measures will 
be difficult  to assess until the monitoring programmes have been completed. 

20 

The requirement  for  water  abstraction  permits and for  charging for water use at full  cost  recovery 
prices is not  expected  to  have  any  significant  impact  on  these  sectors  because  often  they  already 
cover their costs themselves. However, measures to further  account for environmental and resource 
costs,  depending  on  the  modalities  of  Member  States's  action,  could  have  significant  impacts  in 
certain areas of the Community at certain times of the year. Some of these additional costs would be 
offset  by an improved cost-effectiveness  in water use. These costs will reflect  regional variations in 
scarcity throughout the Community and will therefore  have a different  degree of impact in  different 
areas  and  possibly  also  at  certain  times  of  the  year.  In  particular,  it  is possible  that  charging  for 
environmental  cost  and resource depletion  cost  for  water  abstraction  for  agriculture  could  lead  to 
permanent  changes in the pattern of agricultural activity in order to  ensure long-term sustainability. 
However, these costs represent an internalization of costs which are currently borne by the whole of 
society,  either financially or through  environmental  degradation.  It  is up to Member  States, within 
the single market rules, to chose ways of mitigating those impacts judged unequitable. 

4.2.5  Costs of physical improvements to water bodies and to water infrastructure 

Member  States, local authorities and landowners may be obliged to undertake  physical  restoration 
work  for  surface  water  bodies and take  measures to  improve the replenishment  of  groundwaters. 
The extent to which such action will be necessary will be revealed by the monitoring programmes. 

There  may  also  be  cases  where  urban  waste  water  treatment  facilities  required  under  the 
Urban Waste Water Treatment  Directive (91/271 /EEC)48 are deemed to be insufficient  and  further 
improvements are required. 

It is possible that the improved transparency of water management, together with the introduction of 
charges  at  full  cost  recovery  prices,  will  result  in  public  pressure  to  improve  the  water  supply 
infrastructure  (particularly  with  regard  to  leaking  pipes)  even  though  the  improvements  are  not 
actually required under the proposal. 

4.2.6  Job losses 

Some of the costs indicated above may translate into job losses in the relevant industries. 

4.3  Advantages 

The main areas where the Commission expects the proposal to lead to  significant  advantages are as 
follows. For many of them, it is difficult  to establish their monetary value. 

4.3.1  Advantages of improved efficiency  and effectiveness  of water policy 

The information  gathered  as a result of the various monitoring  and assessment  requirements  of the 
proposal  and the use of river basin management  should lead to an improvement  in the efficiency  of 
measures  and  their  effectiveness  through  better  targeting  of  the  measures.  It  might  also  lead  to 
earlier recognition of potential  problems and therefore  contribute to early mitigating their impact at 
less  costs.  It  will lead  to  a  more  efficient  allocation  of  scarce  water  resources.  Pressure  resulting 

48 

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

21 

from  public  participation  and  transparency  might  translate  into  higher  productivity  in  the 
water sector and thus reduce service costs. 

4.3.2  Advantages of reduced water treatment costs 

The proposal should lead to an improvement  in the quality of fresh surface water and groundwater 
(and  help  prevent  further  deterioration)  which  will  lead  to  a  reduction  in  water  treatment  costs 
(and future costs). 

A  simple  calculation  may  demonstrate  the  extent  of  these  costs:  with  0.1  %  of  the 
170 billion cubic metres  of surface  water  annually  abstracted  in  the  Community  (for  all  purposes) 
undergoing  advanced treatment  to  remove  pollution  (e.g.  pesticides)  the  necessary  investments 
would  exceed ECU 600 million.  Severe  deterioration  of  groundwater  quality  would  increase  this 
figure  substantially. 

4.3.3  Advantages of improved sustainability of water supply 

Water  shortages  due to  poor  water  management  represent  a real  cost  to  farmers  and  industry,  as 
well as a major  inconvenience  and  potential  health hazard  to  domestic users.  The proposal  should 
help  to  improve  the  management  of  surface  water  and  groundwater  and,  through  its  pricing 
mechanism, will encourage greater efficiency  of water use. This should contribute to the provision of 
a sustainable and more reliable supply. The following example illustrates the order of magnitude  for 
domestic  users:  if,  for  reasons  of  reduced  trust  in the  quality  of  tap  water  50  million  Europeans 
would buy  1 litre of bottled  water  per day at a price of ECU  0.5  per litre, this would  represent  an 
annual expense of about ECU  10 billion. 

4.3.4  Advantages of increased  amenity value of surface  waters 

The proposal  should  help improve the  quality of bathing waters  and  recreational  waters.  It  should 
also lead to improvements in the ecological quality of aquatic habitats and wetlands habitats valued 
as visitor  sites by tourists  and by local people. Economic analyses have  shown that  amenity values 
can be significant  and in fact outweigh the costs of monitoring. 

4.3.5  Conservation advantages for habitats and species 

The  proposal  should  help  protecr  habitats  and  species,  both  in water  bodies  and  in wetlands  and 
surrounding areas. 

4.3.6  Job creation  advantages 

Notwithstanding  the expected  increase in cost-effectiveness,  the proposal  should  create jobs  in the 
administration  of  policy,  in  the  monitoring  of  water  and  in  physical  projects  to  improve  the 
environment and the water supply infrastructure.  The increased amenity value of waters will ensure 
presents jobs and may also lead to job creation in the tourism and recreation sectors. 

22 

4.4  Conclusion 

The uncertainties described in the introduction and the wide range of costs and advantages described 
above  mean  that  the  Commission  is  unable  to  put  a  net  value  on  the  proposal  for  a 
Water Framework  Directive.  However,  it  must  be  clear  that  the  Commission  considers  that  the 
overall  advantages  outweigh  the  costs,  particularly  when  so  many  of  the  costs  represent  the 
internalization of costs which are currently being paid through resource depletion and deterioration, 
through  damage  to  aquatic  and  wetland  habitats,  and  through  transfers  and  subsidies  from  other 
sectors of the economy. 

5. 

BUSINESS IMPACT ASSESSMENT 

Many  of  the  arguments  set  out  in  the  Economic  Analysis  apply  equally  to  the  Business  Impact 
Assessment.  Sections 5.2 and 5.3 of that Analysis include references to the impacts upon business. 

The Commission has no indication that the impact on Small and Medium-sized Enterprises (SMEs) 
from  the full cost recovery obligation in the year 2010 would lead to any onsiderable price changes 
over and above an expected baseline scenario. 

6. 

FINANCIAL STATEMENT 

A Financial Statement is annexed to this Memorandum. 

23 

Proposal for a 
COUNCIL  DIRECTIVE 

establishing a framework for Community action in the field of water policy 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard 
Article 130s(l) thereof, 

to 

the  Treaty  establishing  the  European  Community,  and 

in  particular 

Having regard to the proposal from the Commission49, 

Having regard to the opinion of the Economic and Social Committee50, 

Having regard to the opinion of the Committee of the Regions5 \ 

Acting  in accordance  with the procedure  laid  down  in Article  189c of the  Treaty,  in  cooperation 
with the European Parliament52, 

1.  Whereas  the  supply  of water  is  a  service  of  general  interest  as  defined  in the  Commission 

communication on Services of General Interest in Europe (COM(96) 443 )53; 

2.  Whereas  this  Directive  aims  at  maintaining  and  improving  the  aquatic  environment  in  the 
Community;  whereas  this  objective  is  primarily  concerned  with  the  quality  of  the  waters 
concerned;  whereas  control  of  quantity  is  one  element  in  securing  good  water  quality  and 
therefore  measures  on  quantity,  serving  the  objective  of  ensuring  good  quality,  should 
be established; 

3.  Whereas waters in the Community are under increasing pressure from the continuous growth 
in  demand  for  sufficient  quantities  of  good  quality  water  for  all  purposes;  whereas  on 
10 November  1995, the European  Environment  Agency54  presented  an updated  state  of the 
environment report, confirming the need for action to protect Community waters in qualitative 
as well as in quantitative terms; 

A9 

53 

references 

OJ reference 
OJ  reference 
OJ  reference 
OJ 
European Parliament  Decision. 
O J N o C 2 8 1,  26.9.1996, p. 3. 
Report  on  "Environment 
Copenhagen,  1995. 

for 

in 

European 

Parliament  Opinion,  Council  Common 

Position 

and 

the  European  Union 

-  1995",  European  Environmnet  Agency. 

24 

4.  Whereas the conclusions of the Community Water Policy Ministerial  Seminar in Frankfiirt  in 
1988 highlighted the need for Community legislation covering ecological quality; whereas the 
Council  in  its  resolution  of  28  June  198855  asked  the  Commission  to  submit  proposals  to 
improve ecological quality in Community surface waters; 

5.  Whereas the declaration of the Ministerial Seminar on groundwater held at the Hague in 1991 
recognized  the  need  for  action  to  avoid  long-term  deterioration  of fresh-water quality  and 
quantity and called for a programme of actions to be implemented by the year 2000 aiming at 
sustainable management and protection of fresh-water resources; whereas in its resolutions of 
25 February  199256 and 20 February  199557, the Council requested  an action programme for 
groundwater  and  a  revision  of  Council  Directive  80/68/EEC  of  17 December  1979  on  the 
protection of groundwater against pollution caused by certain dangerous substances58, as part 
of an overall policy on fresh-water protection; 

6.  Whereas  on  21  February  1996  the  Commission  adopted  a  Communication  to  the 
European Parliament and the Council on "European Community Water Policy" setting out the 
principles for a Community water policy59; 

7.  Whereas 

for  a 
the  Commission  presented  on  9  September  1996  a  proposal 
European Parliament and Council Decision on  an action Programme for integrated  protection 
and management  of groundwater60; whereas that programme pointed to the need to establish 
procedures  for  the  regulation  of  abstraction  of  fresh  water  and  for  the  monitoring  of 
fresh-water  quality and quantity; 

8.  Whereas the Council on 25 June  1996, the Committee of the Regions on  19 September  1996, 
the Economic  and  Social  Committee  on 26  September  1996,  and  the  European  Parliament 
on 23  October  1996  all  requested  the  Commission  to  come  forward  with  a  proposal  for  a 
Council Directive establishing a framework for European water policy; 

9.  Whereas  the  Convention  on  the  protection  and  use  of  transboundary  water  courses  and 
international  lakes  calls  for  the  management  of river basins,  whereas  that  Convention  was 
approved by Council Decision 95/308/EC61; 

10.  Whereas  surface  waters  and  groundwaters  are  in  principle  renewable  natural  sources; 
whereas, in particular, the task of ensuring a good  status of groundwater requires early action 
and  stable  long-term  planning  of  protective  measures,  owing  to  the  natural  time-lag  in  its 
formation  and renewal; whereas such time-lag for improvement must be taken into account in 
timetables when establishing measures for the achievement of a good status of groundwater; 

55 
56 
57 
58 

59 
60 
61 

O J N o C 2 0 9,  9.8.1988, p. 3. 
OJ No C 59, 6.3.1992,  p. 2. 
O J N o C 4 9,  28.2.1995, p.  1. 
OJ No L 20, 26.1.1980, p. 43; Directive as amended by Directive 91/692/EEC (OJ No L 377,  31.12.199). 
p. 48). 
COM(96) 59 final of 21 February  1996. 
O J N o C 3 5 5,  25.11.1996, p.  I. 
O J N oL  186, 5.8.1995, p. 42. 

25 

11.  Whereas  Community  water  policy  requires  a transparent,  effective  and  coherent  legislative 
framework; whereas  the  Community  should  provide  common  principles  and  the  overall 
framework  for  action;  whereas  this  Directive  will  provide  for  such  a  framework  and 
coordinate  and  integrate,  and,  in a longer  perspective,  further  develop  the  overall  principles 
and structures for sustainable use of water in the Community in accordance with the principles 
of subsidiarity; 

12.  Whereas the objectives and the principles of the Community's environmental policy, as set out 

in Article 13 Or of the Treaty, consist in particular in preventing, reducing and as far as possible 
eliminating  pollution  by  giving  priority  to  intervention  at  source  and  ensuring  prudent 
management  of  natural  resources,  in  compliance  with  the  "polluter-pays"  principle  and  the 
principle of pollution prevention; 

13.  Whereas, pursuant to Article 13 Or of the Treaty, in preparing its policy on the environment the 

Community is to take account of the economic and social development of the Community as a 
whole and the balanced development of its regions; 

14.  Whereas Member  States sharing the same river-basin or groundwater  aquifers  should  ensure 
joint long-term planning of water resources based on forecasts of supply and demand, so as to 
establish long-term strategic objectives for water reserves and priorities for their use; 

15.  Whereas  there  are  diverse  conditions  and  needs  in  the  Community  which  require  different 
specific  solutions;  whereas  this  diversity  must  be  taken  into  account  in  the  planning  and 
execution  of measures to  ensure  sustainable protection  and  use  of water;  whereas  decisions 
should be taken as close as possible to the locations where water is used or affected;  whereas 
priority  should  be  given  to  action  within  the  responsibility  of  Member  States  through  the 
drawing up of specific programmes of measures adjusted to regional and local conditions; 

16.  Whereas the  success  of this Directive  relies upon  close  cooperation  and  coherent  action  at 
Community,  Member  States  and  local  level  as  well  as  on  information,  consultation  and 
involvement of management and labour, and individual citizens; 

17.  Whereas, with regard to pollution prevention and control, Community water policy should be 
based  on  a  combined  approach  using  control  of  pollution  at  source  through  the  setting  of 
emission  limit  values  and  of  environmental  quality  standards;  whereas,  for  water  quantity, 
overall  principles  should  be  laid  down  for  control  on  abstraction  in  order  to  ensure  the 
long-term availability of sufficient  amounts of good quality fresh water; 

18.  Whereas common environmental quality-standards for certain groups or families of substances 
should  be laid  down  in Community  legislation;  whereas  provisions  for  the adoption  of  such 
standards at Community level should be ensured; 

19.  Whereas  common  principles  are  needed  in  order  to  coordinate  Member  States'  efforts  to 
improve water quantity and quality, to promote sustainable water consumption, to  contribute 
to  the  control  of  transboundary  pollution  problems,  to  protect  ecosystems,  in  particular 
aquatic ecosystems, and to safeguard the recreational potential of Community waters; 

20.  Whereas common definitions  of the status of water in ternis of quality and quantity should be 
established;  whereas  environmental. objectives  should  be  set  to  ensure  that  good  status  of 
surface water and groundwater is achieved at Community level; 

26 

21.  Whereas Member  States should meet the objective of at least a good water status by defining 
and implementing the necessary measures within integrated  programmes of measures, taking 
into account  existing Community requirements; whereas, where a good  water  status  already 
exists, it should be maintained; 

22.  Whereas the objective of achieving at least a good  status of waters should be pursued within 
the river basin, thus ensuring an administrative structure which ensures that waters belonging 
to  the  same  ecological  and  hydrogeological  system  are  managed  as  a  whole  whether  such 
waters are present as groundwater or surface water; 

23.  Whereas  there  is  a  need  to  prevent  or  reduce  the  impact  of  incidents  in  which  water  is 
accidentally polluted; whereas common principles should be established aiming at coordinating 
Member States' efforts  and at increasing transboundary cooperation in this  field; 

24.  Whereas  there  is  a  need  for  a  greater  integration  of  qualitative  and  quantitative  aspects  of 
protection  and  management  of  both  surface  waters  and  groundwaters  within  one 
administrative  structure,  taking  into  account  the  natural  flow  of  water  within  the 
hydrogeological cycle; 

25.  Whereas it is necessary to  determine within the river basin existing levels of water  pollution 
and to  draw up  inventories of water use, including the various  sources of pollution,  demand 
for water and other man-made impacts on water status; 

the  abstraction  of 
26.  Whereas  Member  States  should  designate  waters  used 
to  permit  compliance  with 
drinking  water  and  establish  environmental  standards 
Council Directive  80/778/EEC  of  15 July  1980 relating to  the  quality  of water  intended  for 
human consumption62. 

for 

27.  Whereas, to ensure the participation of the general public and of individual users of water, it is 
necessary to provide proper information  of planned  measures and to report  on progress with 
their implementation with a view to their involvement before final decisions on the necessary 
measures are adopted; 

28.  Whereas, within a river basin where use of water  may have transboundary  effects,  concerted 
action  should  be  ensured  across  frontiers;  whereas  this  Directive  will  contribute  to  the 
implementation  of  Community  obligations  under  international  conventions  on  water 
protection and management, notably the United Nations Convention on the protection and use 
of transboundary water courses and international lakes; 

29.  Whereas  further  integration  of  sustainable  water  management  into  other  Community  policy 
areas and, in particular, into agriculture policy, regional policy and fisheries policy is necessary; 
whereas this Directive will provide a basis for a continued dialogue and for the development of 
strategies  towards  a further  integration  of policy areas; whereas this Directive  will  therefore 
bring  an  important  contribution  to  implementing  the  main  principles  and  objectives  of  the 
European Spatial Development Perspective (ESDP); 

62 

OJ No L 229,  30.8.1980,  p.  11; Directive as last amended  by the Act of Accession of Austria,  Finland 
and Sweden. 

27 

30.  Whereas,  in cases where, because  of natural  conditions,  for  historical  reasons  or because  of 
pollution  from  third  countries,  it  may  be  difficult  or  impossible  to  achieve  a  good  status, 
appropriate  procedures  should  be  established  to  prevent  any  deterioration  of  the  status 
of waters; 

31.  Whereas  the  development 

in  water  status  should  be  monitored  on  a  systematic 
and  comparable  basis  throughout  the  Community  in  order  to  provide  a  sound  basis 
the 
for  the  choice  of  measures 
European Environment  Agency  and  the  Commission,  working  in  close  cooperation,  will 
monitor and report on developments in the state of the environment; 

to  ensure  a  sustainable  use  of  water;  whereas 

32.  Whereas  the  use  of  economic  instruments  may  be  appropriate  as  part  of  a  programme  of 
measures; whereas under  the  polluter-pays  principle  any  damage  or  negative  impact  on  the 
aquatic environment  caused by pollutants, abstraction and other use of water should be taken 
into account; whereas costs of water use should be fully recovered from the water user; 

33.  Whereas  full  implementation  and  enforcement  of  existing  environmental  legislation  for  the 
protection  of  waters  should  be  ensured;  whereas  it  is  necessary  to  ensure  the  proper 
application of the provisions implementing this Directive throughout the Community; whereas 
appropriate sanctions should be ensured in Member States' legislation; 

34.  Whereas  a  new  committee  with  horizontal  responsibilities  in the  area  of  Community  water 
policy should be set up to  assist the Commission in matters relating to the implementation  of 
tliis Directive; whereas this Directive will provide mechanisms to address obstacles to progress 
in improving water  status when these fall  outside the  scope of Community  water  legislation, 
with a view to developing appropriate Community strategies for overcoming them; 

35.  Whereas  the  Commission  should  present  annually  an  updated  plan  for  possible  future 

initiatives which it is planning or considering for the water sector; 

36.  Whereas technical  specifications  should  be  laid  down  to  ensure  a  coherent  approach  in  the 
Community as part  of this Directive; whereas  adaptation  of the Annexes of this Directive to 
technical  development  and  the  standardization  of  the  monitoring,  sampling  and  analysis 
methods should be adopted by committee procedure; 

, 

37.  Whereas the implementation of programmes of measures for river basins under this Directive 

will achieve a level of protection of waters at least equivalent to that provided for in: 

Council  Directive  75/440/EEC  of  16  June  1975  concerning  the  quality  required  of 
surface water intended for the abstraction of drinking water in the Member States63, 

63 

OJ No L  194, 25.7.1975, p. 26; Directive as last amended  by Directive 91/692/EEC. 

28 

Council  Decision  77/795/EEC  of  12  December  1977  establishing  a  common 
procedure for  the  exchange  of  information  on  the  quality  of  surface  fresh  water  in 
the Community64, 

Directive 78/659/EEC of  18 July 1978 on the quality of fresh waters needing protection 
or improvement in order to support fish life65, 

Directive 79/869/EEC of 9 October  1979 concerning the methods of measurement and 
frequencies  of  sampling  and  analysis  of  surface  water  intended  for  the  abstraction  of 
drinking waters in the Member States66, 

Directive 79/923/EEC of 30 October 1979 on the quality required of shellfish waters67, 

Directive 80/68/EEC, as well as 

the proposed Directive on the ecological quality of water68, 

whereas those Directives should therefore be repealed, and the proposed Directive withdrawn, 
once the relevant provisions of this Directive have been fully implemented, 

HAS ADOPTED THIS DIRECTIVE: 

Article 1 

Purpose 

The  overall  purpose  of  this  Directive  is  to  establish,  for  the  protection  of  surface  fresh  water, 
estuaries, coastal waters and groundwater in the Community, a framework which: 

(a) 

(b) 

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

promotes  sustainable  water  consumption  based  on  long-term  protection  of  available 
water resources'; 

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

Article 2 

64 

65 

66 

67 
68 

OJ  No  L  334.  24.12.1977,  p.  29;  Decision  as  last  amended  by the  Act  of  Accession  of  Austria,  Finland 
and  Sweden. 
OJ  No  L  222.  14.8.1978,  p.  1;  Directive  as  last  amended  by  the  Act  of  Accession  of  Austria,  Finland 
and  Sweden. 
OJ  No L 271. 29.10.1979,  p.  44;  Directive  as  last  amended  by  the  Act  of  Accession  of  Austria.  Finland 
and  Sweden. 
OJ No L 281,  10.11.1979, p. 47; Directive as last amended by Directive 91/692/EEC. 
OJ No C 222.  10.8.1994. p. 6. 

29 

Definitions 

For  the purposes  of this Directive  and,  unless otherwise  defined  in Community  legislation,  for  all 
Community legislation concerning water, the following definitions shall apply: 

1. 

"Surface water" means surface fresh waters, estuaries and coastal waters. 

2. 

3. 

4. 

5. 

6. 

7. 

3 

9. 

10. 

11. 

12 

"Groundwater"  means all water  which is below  the  surface  of the  ground  in the  saturation 
zone and in direct contact with the ground or subsoil. 

"Surface fresh water" means all static or flowing water on the surface of the land upstream of 
the fresh water limit. 

"Coastal  water"  means  water  on  the  landward  side  of  a  line  every  point  of  which  is  at  a 
distance of one nautical mile on the seaward  side from the nearest  point  of the baseline from 
which the breadth of territorial waters is measured, extending where appropriate in the case of 
watercourses, up to the outer limit of the estuary. 

"Estuary" means the transitional area at the mouth of a river between  surface fresh water and 
coastal  waters.  The  outer  (seaward)  limits  of  estuaries  shall  be  defined,  as  necessary,  by 
Member States. The inner (upstream) limit shall be the fresh water limit. 

"Fresh water limit" means the place in the watercourse where, at low tide and in a period  of 
low  fresh  water  flow,  there  is  an  appreciable  increase  in  salinity  due  to  the  presence  of 
sea water. 

"Body of water" means a discrete and homogenous element of surface  water or groundwater 
such as an aquifer, a lake, a reservoir, a stretch of stream, river or canal, an estuary or a stretch 
of coastal water. 

"Significant  body of water" for the purpose of Article 8 shall mean all waters intended for the 
production of drinking water from an individual source serving more than  15 households. 

"River basin" means the area of land from which all surface run-off flows through a sequence 
of streams, rivers and, possibly, lakes into the sea at a single river mouth, estuary or delta. 

"Sub-basin" means the area  of land from which  all surface  run-off flows through  a  series of 
streams, rivers and, possibly, lakes to a particular point in a water course (normally a lake or a 
river confluence). 

"River Basin District" means the administrative area of land and sea, made up of one or more 
neighbouring  river  basins  together  with  their  associated  groundwaters  and  coastal  waters, 
which is established under Article 3(1) as the.main unit for river basin management. 

"Competent  Authority"  means  a competent  authority  established  under  Article  3(2)  or  3(3) 
to be  responsible  inter  alia  for  applying  the  rules  of  this  Directive  within  a  particular 
River Basin District. 

30 

13. 

"Surface  water  status"  is the  general  expression  of  the  status  of  a  body  of  surface  water, 
determined by the poorer of its ecological status and its chemical status. 

14. 

"Good surface water status" means the status achieved by a surface water body when both its 
ecological status and its chemical status are at least "good". 

Good  surface  water  status  is  the  environmental  objective  for  surface  waters  established  in 
point (a) of Article 4(1). 

15. 

"Groundwater  status"  is  the  general  expression  of  the  status  of  a  body  of  groundwater, 
determined by the poorer of its quantitative status and its chemical status. 

16. 

"Good groundwater  status" means the status achieved by a groundwater body when both its 
quantitative status and its chemical status are at least "good". 

Good  groundwater  status  is  the  environmental  objective  for  groundwaters  established  in 
point (b) of Article 4(1). 

17. 

"Ecological  status" is an expression of the quality of the  structure  and functioning  of aquatic 
ecosystems associated with surface waters. It takes into account the physico-chemical  nature 
of the water  and  sediment,  the  flow  characteristics  of the  water  and  the  physical  structure 
of the  water  body,  but  it  concentrates  on  the  condition  of  the  biological  elements  of 
the ecosystem. 

18. 

"Natural  ecological  status" means the theoretical  ecological  status which would  be  achieved 
by a body of surface water in the absence of human activity. 

19. 

"High  ecological  status"  means  the  ecological  status  achieved  by  a  body  of  surface  water 
which is demonstrated not to be significantly influenced by human activity. 

20. 

"Good  ecological  status"  means  the  ecological  status  achieved  by  a  body  of  surface  water 
which is demonstrated to be significantly influenced  by human activity, but which nevertheless 
has a rich, balanced and sustainable ecosystem. 

Good ecological  status is the ecological status required to  meet the environmental  objectives 
for surface waters established in point (a) of Article 4(1). 

21. 

"Chemical status" is an expression of the degree to which a body of water is polluted. 

22. 

23. 

"High  chemical  status"  means  the  chemical  status  achieved  by  a  body  of  water  in  which 
none of  the  substances  listed  in  Annex  VIII  are  present  in  levels  in  excess  of  natural 
background levels. 

"Good  chemical  status"  means  the  chemical  status  achieved  by  a  body  of  water  in  which 
concentrations  of the  substances from Annex VIII  do  not  exceed  the  environmental  quality 
standards  established  in  Annex  X  and  other  relevant  Community  legislation  setting 
environmental quality standards and in which the trends in the monitoring data do not  suggest 
that such environmental quality standards will be exceeded in the future. 

31 

24. 

25. 

26. 

Good chemical status is the chemical status required to meet the environmental  objectives  for 
surface waters and groundwaters established in points (a) and (b) of Article 4(1). 

"Quantitative  status"  is  an  expression  of  the  degree  to  which  a  body  of  groundwater  is 
permanently  depleted  by  direct  and  indirect  abstractions  and  alterations  to  its  natural  rate 
of recharge. 

"High quantitative status" means the quantitative status achieved by a body of groundwater in 
which abstractions and alterations to the natural rate of recharge have a negligible impact on 
the nature of the aquifer. 

"Good quantitative status" means the quantitative status achieved by a body of groundwater in 
which  abstractions  and  alterations to  the natural  rate  of recharge  are  sustainable  in the  long 
term without  leading to loss of ecological  quality  in associated  surface  waters  or  damage to 
associated terrestrial ecosystems. 

Good  quantitative  status  is  the  quantitative  status  required  to  meet  the  environmental 
objectives for groundwaters established in point (b) of Article 4(1). 

27. 

"Pollutant" means those substances and groups of substances listed in Annex VIII. 

28. 

"Pollution"  means  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, which result  in damage to material  property, 
or which impair or interfere with amenities and other legitimate uses of the environment. 

29. 

"Environmental objectives" means the objectives set out in Article 4. 

Those environmental objectives shall be regarded as "environmental quality standards" for the 
purposes of point 7 of Article 2 and Article 10 of Council Directive 96/61/EC69. 

30. 

"Environmental quality standard" means the concentration of a particular pollutant or group of 
pollutants in water, sediment or biota which should not be exceeded in order to protect human 
health and the environment. 

For  the  purposes  of  this  Directive,  environmental  quality  standards  are  established  at  a 
Community level in Annex X.  In addition, environmental quality standards shall be established 
by Member States under Article 8(2) in respect  of waters used for the abstraction  of drinking 
water.  The environmental quality standards in Annex X and those adopted under Article 8(2) 
shall  also  be  regarded  as  environmental  quality  standards  for  the  purposes  of  point  7  of 
Article 2 and Article 10 of Directive 96/61/EC. 

31. 

"Water  intended  for  human  consumption"  means  water  covered  by  the  provisions  of 
Directive 80/778/EEC. 

69 

OJ No L 257,  10.10.1996. p. 26. 

32 

32. 

"Use" of water means: 

(a) 

abstraction, distribution and consumption of surface water or groundwater; 

(b) 

(c) 

emission  of  pollutants  into  surface  water  and  waste  water  collection  and  treatment 
facilities which subsequently discharge into surface water; 

any  other  application  of  surface  water  or  groundwater  having  the  potential  of  a 
significant  impact on the status of water. 

33. 

"Full cost recovery" means that the following cost elements of any service provided in relation 
to water use are paid by the user through prices or charges: 

operation and maintenance costs; 

capital maintenance cost; 

capital costs (principal and interest payments); and 

reserves for future improvements and extensions. 

34. 

"Domestic use" means individual household water use, excluding use for commercial activity. 

35. 

"Basic level of use" means the amount of water used by the individual person for basic needs. 
This amount  shall be  calculated  taking into consideration  the minimum  amount  required  for 
human health and hygiene. At all stages, water consumption by domestic machinery should be 
calculated on the basis of best available techniques. 

Article 3 

Coordination  of measures within  River Basin  Districts 

Member States shall identify the individual river basins lying within their national territory and, 
for  the  purposes  of  this  Directive,  shall  assign  them  to  individual  River  Basin  Districts. 
Small river basins may be combined with larger river basins or joined with neighbouring small 
basins to form individual River Basin Districts where appropriate. Where groundwaters do not 
fully  follow  a particular river basin, they  shall be assigned to the nearest  or most  appropriate 
River  Basin  District.  Coastal  waters  shall  be  assigned  to  the  nearest  or  most  appropriate 
River Basin District. 

Member  States  shall  ensure  that  appropriate  administrative  arrangements,  including  the 
designation of appropriate competent authorities, are established to ensure that the application 
of the rules of this Directive is coordinated and overseen within each River Basin District. 

Where a river basin covers the territory of more than one Member  State, the Member  States 
concerned  shall jointly establish an international River Basin District.  At the request of one or 
more of the Member States involved, the Commission  shall act as an independent mediator to 
facilitate the establishment of such international River Basin Districts. 

33 

Member  States  shall jointly  ensure  that  appropriate  administrative  arrangements,  including 
the designation  of  appropriate  competent  authorities,  are  established  to  ensure  that  the 
application of the rules of this Directive is coordinated  and overseen within such international 
River Basin Districts. 

4.  Where  a  river  basin  extends  beyond  the  territory  of  the  Community,  the  relevant 
River Basin District  and competent  authorities  should be jointly established  with the relevant 
non-Member States. 

5.  Member  States  may  designate  existing  national  or  international  bodies  as  competent 
authorities for the purposes of this Directive. In such cases, they shall ensure that the resulting 
competent authorities have the powers and authority needed to meet the obligations imposed 
by this Directive. 

6.  Member States shall designate the competent authorities by 31 December 1999. 

7.  Member  States  shall provide the  Commission  with  a  list  of their  competent  authorities  and 
of the  competent  authorities  of  all  the  international  bodies  in  which  they  participate  by 
30 June 2000.  For  each  competent  authority  the  information  set  out  in  Annex  I  shall 
be provided. 

8.  Member  States  shall  inform  the  Commission  of  any  changes  to  the  information  provided 

according to paragraph 7 within three months of the change coming into effect. 

Article 4 

Environmental  objectives 

1.  Member  States  shall  draw  up  and  make  operational  within  a  comprehensive  River  Basin 

Management Plan the programmes of measures envisaged as necessary, in order to: 

(a) 

(b) 

(c) 

prevent  deterioration  of ecological  quality and pollution  of  surface  waters  and  restore 
polluted  surface  waters,  in  order  to  achieve  good  surface  water  status  in  all  surface 
waters by 31 December 2010; 

prevent  deterioration of groundwater quality, restore polluted groundwater,  and ensure 
a balance between  abstraction  and recharge  of groundwater,  in order to  achieve  good 
groundwater status in all groundwaters by 31 December 2010; and 

to  Protected  Areas  by 
comply  with  all  standards  and  objectives 
31 December 2010,  unless  otherwise  specified  in  the  Community,  national  or  local 
legislation under which the individual Protected Areas have been established. 

relating 

2. 

If  the  objectives  established  under  point  (c)  of  paragraph  1  are  incompatible  with  those 
established  under  points  (a)  or  (b)  thereof,  the  objectives  established  under  point  (c)  shall 
take priority. 

34 

3. 

The deadlines established under points (a) and (b) of paragraph  1  may be extended for  specific 
bodies of water when all the following conditions are met: 

(a) 

natural conditions do not allow rapid improvements in the status of the body of water; 

(b) 

all the measures required  under  Article  13 to  bring the body  of water  to  the  required 
standard  by  the  extended  deadline  have  been  established  and  made  operational  by 
31 December 2007; and 

(c) 

the  extension  of the  deadline,  and the reasons  for  it,  are  specifically  mentioned  in the 
River Basin Management Plan required under Article 16. 

4. 

Less  stringent  environmental  objectives  than  those  required  under  points  (a)  and  (b)  of 
paragraph  1 of  a  limited  area  may be  established  for  specific  bodies  of  water  when  all  the 
following conditions are met: 

(a) 

(b) 

(c) 

(d) 

the body of water is severely affected  by human activity and improvements in status are 
proven to be impossible or prohibitively expensive; 

the environmental  objectives  are established  so as to ensure no further  deterioration  in 
status in order not to compromise the achievement  of the objectives of this Directive in 
other bodies of water within the same River Basin District; 

the establishment  of less stringent  environmental  objectives,  and the reasons for  it,  are 
specifically mentioned in the River Basin Management Plan required under Article 16; 

such  less  stringent  objectives  are  established  in  a  way  which  does  not  undermine  the 
implementation of existing Community environmental legislation. 

Article 5 

Characteristics of the River Basin  District 

1.  Member  States shall ensure that an analysis of the characteristics of each River Basin District 
is undertaken  and  that  it  is completed  by  31 December 2001.  Such  analyses  shall  cover  the 
following elements: 

(a) 

the geographical and geological characteristics of the River Basin District; 

(b) 

the hydrographical characteristics of the River Basin District; 

(c) 

the demographic characteristic of the River Basin District; and 

(d) 

land use and economic activity within the River Basin District. 

In order to ensure that the maximum use can be made of all available information  and to avoid 
duplication  of  data  collection,  cooperation  shall  be  ensured  with  statistical  authorities  at 
national and Community level. 

35 

2. 

3. 

The technical  specifications  of Annex II shall, for the purpose of the analysis, be adopted by 
the  Commission  by 31 December  1999 at the  latest,  in accordance  with  the  procedure  laid 
down in Article 25. The technical specifications  shall replace the current Annex II. 

The  analyses  shall be  reviewed,  and  if necessary  updated  by  31 December  2007  and  every 
six years thereafter. 

Article 6 

Review of the environmental  impact of human  activity 

1.  Member  States  shall  ensure  that,  for  each  River  Basin  District,  a  review  of  the  impact  of 
human activity on the status of surface waters and on groundwater is undertaken and that it is 
completed by 31 December 2001. Such reviews shall cover the following elements: 

(a) 

estimations of point source pollution; 

(b) 

estimations of diffuse  source pollution; 

(c) 

estimations of water abstractions; and 

(d) 

an analysis of other anthropogenic influences on the status of water. 

2. 

The technical  specifications  of Annex III shall, for  the purpose of the review, be adopted  by 
the  Commission  by 31 December  1999 at  the  latest,  in accordance  with  the  procedure  laid 
down in Article 25. The technical specifications shall replace the current Annex HI. 

3. 

The review shall be updated by 31 December 2007 and every six years thereafter. 

Article 7 

Economic analysis of water use within the River Basin  District 

1.  Member States shall ensure that, for each River Basin District, an economic analysis of water 
use  is undertaken  in  order,  inter alia, to  provide  the  basic  information  for  the  purposes  of 
Article  12,  and  that  it  is  completed  by  31  December  2001.  Such  analyses  shall  cover 
the following: 

(a) 

the abstraction and distribution of fresh water; 

(b) 

the collection and discharge of waste water; 

(c) 

(d) 

the volumes, prices and costs (including environmental and resource costs and  benefits) 
associated with points (a) and (b); 

the breakdown of the data collected under points (a), (b) and (c) according to  different 
sectors  of  the  economic  activity,  broken  down  at  least  into  households,  industry 
and agriculture; 

(e) 

long-term forecasts of supply and demand; 

36 

(f) 

estimates of investments in infrastructure by the public and private sectors; and 

(g) 

the historical trends in the data collected under points (a) to (f), including seasonal data 
where  relevant,  and  future  projections  under  a  number  of  price  and  investment 
scenarios,  covering,  at  least,  the  previous  six years  and  projections  for  the  following 
twelve years; 

2. 

The technical  specifications  of Annex II shall, for the purpose of the analysis, be adopted by 
the  Commission by  31 December  1999 at the latest,  in accordance  with  the  procedure  laid 
down in Article 25. The technical specifications shall replace the current Annex II. 

3 

The economic analyses shall be updated by 31 December 2007 and every six years thereafter. 

Article 8 

Waters used for the abstraction of drinking water 

1.  Member  States  shall  carry  out,  within  each  River  Basin  District,  the  identification  of  all 
significant  bodies  of water which  are used  for  the abstraction  of water  intended  for  human 
consumption or which may in the future be used for the abstraction of such water. 

2. 

For  each  body  of  water  identified  under  paragraph  1,  Member  States  shall  ensure  the 
• establishment of environmental quality standards designed to ensure that, under the anticipated 
water  treatment  regime,  and  in  accordance  with  Community  legislation,  the  resulting  water 
will meet the requirements of Directive 80/778/EEC. 

Article 9 

Register of Protected  Areas 

1.  Member  States  shall  ensure  the  establishment  of  a  register  of  all  areas  lying  within  each 
River Basin District which have been designated  as requiring special protection under  specific 
Community,  national  or  local  legislation  for  the  protection  of  their  surface  water  and 
groundwater or for the conservation of habitats and species. They shall ensure that the register 
is completed by 31 December 2001. 

2. 

The register shall include all areas designated under Article 8(1) and all Protected  Areas listed 
in Annex IV. 

3.  Within each River Basin District,  the register  of Protected  Areas  shall be kept  under  review 

and up to date. 

Article 10 

Monitoring  of surface water status and groundwater  status 

1.  Member  States  shall  ensure  the  establishment  of  programmes  for  the  monitoring  of 
water status  in  order  to  establish  a  coherent  and  comprehensive  overview  of  water  status 
within each River Basin District. For surface waters such programmes  shall cover monitoring 

37 

of  the  ecological  and  chemical  status.  For  groundwaters  such  programmes  shall  cover 
monitoring of the chemical and quantitative status. These programmes shall be operational by 
31 December 2001. Such monitoring shall cover the elements listed in Annex V. 

2. 

The technical specifications of Annex V for this purpose shall be adopted by the Commission 
by.31 December  1999 at the latest, in accordance with the procedure laid down in Article 25. 
The technical specifications shall replace the current Annex V. 

Article 11 

Monitoring of Protected Areas 

1.  Member States shall ensure the establishment of programmes for monitoring the status of their 
Protected  Areas  within  each  River  Basin  Districts.  These  programmes  shall  be  operational 
according to the timetable contained in Community, national or local legislation under which 
the individual Protected Areas have been established. Where there is no such timetable in force 
fixing  a commencement  date on, or earlier than,  1 January 2002, the monitoring  programme 
shall be operational from that date. 

2. 

The  technical  specifications  shall,  for  the  purpose  of  monitoring,  be  those  contained  in 
Community, national or local legislation under which the individual Protected Areas have been 
established.  Where no such technical specifications  for monitoring exist, Member  States shall 
ensure that appropriate technical specifications are established. 

Article 12 

Charges for  the use of water 

1. 

2. 

By 2010, Member  States shall ensure full cost recovery for  all costs for  services provided  for 
water uses overall  and by economic  sectors, broken  down  at least  into households,  industry 
and agriculture. 

Following the  analysis required  under  Article 7 and  Annex II of methods for  calculating  the 
environmental  and  resource  costs  and  benefits  of  water  use,  the  Commission  shall,  where 
appropriate, come forward with proposals to ensure that environmental and resource costs not 
covered under paragraph  1  are reflected in the price of water uses. 

3.  Without prejudice to the application of Articles 92, 93 and 94 of the Treaty, Member  States 

may grant exemptions to the provisions of this Article for the following reasons: 

(a) 

in order to allow a basic level of water use for domestic purposes at an affordable price; 

(b) 

in order  to  allow  capital  costs  subsidies  for  infrastructure  projects  where  Community 
funding is provided under Articles 130a to  130e of the Treaty and which are designed to 
assist  in  the  achievement  of  the  environmental  objectives  set  out  under  Article  4  of 
this Directive; 

(c) 

in  order  to  take  account  of  a  specific  geographical  or  climatic  situation  of  a  region 
eligible for assistance pursuant to Objectives  1, 5b and 6 of the Structural Funds. 

38 

Exemptions shall be explained in detail in the River Basin Management  Plans required under 
Article 16, and a detailed explanation shall be sent to the Commission within six months of the 
entry into force of those exemptions. 

4.  Member  States  shall  establish  timetables  for  the  full  application  of  the  provisions  of  this 
Article.  Details  of  such  timetables  shall  be  included  in the  River  Basin  Management  Plans 
required under Article 16. 

Article 13 

Programme of measures 

1.  Member States shall ensure the establishment within each River Basin District of a programme 
of  measures  designed  to  achieve  the  environmental  objectives  established  under  Article  4. 
A programme of measures shall be part of each River Basin Management Plan in accordance 
with Article 16. 

2. 

3. 

The  programme  of  measures  shall  include  "basic  measures"  and,  where  necessary,  in 
accordance with paragraph 4, "supplementary measures". 

"Basic  measures"  are  compulsory  elements  of  the  programme  of  measures.  They  shall 
consist  of: 

(a) 

those measures required  to  implement  Community,  national or local legislation  for  the 
protection  of  water,  including  measures  required  under  the  Community  legislation 
listed in  Part  A  of  Annex  VI  and,  in  particular,  to  give  full  effect  to  the  provisions 
of Directive 96/61/EC in relation to those industries and activities described  in Annex I 
to that Directive; 

For  basic  measures  covering  emission  of  pollutants,  a  combined  approach  shall  be 
applied, using control of pollution at source through the setting of emission limit values 
and the setting of environmental quality standards; 

(b)  measures required to implement the charges for water use required under Article 12; 

(c)  measures  required  to  meet  the  environmental  quality  standards  established  under 
Article 8(2)  for  waters intended  for  the  abstraction  of drinking water by the  deadlines 
established under Article 4(1); 

(d) 

the  following  measures  to  apply  to  all  bodies  of  water  having  a  chemical  status 
below "good": 

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

body of water; 

(ii) 

investigation of the source of the pollution; and 

(iii) 

immediate review of all relevant authorizations and discharge permits followed by 
action based upon the level of risk involved; 

39 

4. 

5. 

6. 

1. 

(e) 

controls  over  the  abstraction  of  fresh  surface  water  and  groundwater,  including  a 
register  of water  abstractors  and  a requirement  of  prior  authorization  for  abstraction 
except in areas where the Member State concerned  has demonstrated,  and reported  to 
the Commission, that abstraction has no significant  impact on water status and that the 
total level of abstraction amounts to a small proportion of the available resources; 

(f) 

a requirement for prior authorization for all activities having a potentially adverse impact 
upon the status of water where such prior authorization  is not  otherwise provided  for 
under other Community legislation; and 

(g) 

a  prohibition  on  the  direct  discharge  into  groundwater  of  the  substances  listed  in 
Annex Vm. 

"Supplementary  measures" are those measures designed  and  implemented  in addition to  the 
basic measures in order to achieve the objectives  set out under Article 4. The programme of 
measures shall include whatever supplementary measures are considered necessary in order to 
achieve  those  objectives,  notably  in  relation  to  sustainable  water  consumption.  Part  B  of 
Annex VI contains a non-exclusive list of supplementary measures. 

The  programme  of  measures  shall  be  established  for  each  River  Basin  District  by 
31 December 2004 and all the measures shall be made operational by 31 December 2007. 

The programmes shall be reviewed, and if necessary updated by 31 December 2010 and every 
six years thereafter.  Any new or revised  measures  established  under  an updated  programme 
shall be made operational within three years of their establishment. 

Article 14 

Interim  measures to combat  pollution 

If the monitoring programme under Article  10 identifies bodies of water where the chemical 
status  has  fallen  below  "good"  since  the  preparation  of  the  most  recent  review  of  the 
programme of measures required under Article 13, Member States shall ensure that, according 
to the level  of risk involved,  the following  additional interim measures  are taken  as  soon  as 
possible in advance of the next review of the programme of measures: 

(a)  more  intensive  monitoring  of the  extent  and  nature  of the  pollution  within  the  body 

of water; 

(b) 

investigation of the source of the pollution; 

(c) 

immediate review of all relevant authorizations and discharge permits; and 

(d) 

the identification of additional measures to be taken. 

2.  Member  States shall ensure that  appropriate measures are taken to consult  interested  parties 
on  these  additional  interim  measures,  but  they  should  not,  as  a  result,  unnecessarily  delay 
their implementation. 

40 

Article 15 

Issues which fall outside the competence of a competent  authority 

If a competent  authority identifies an issue which has an impact on the management of its water but 
which  falls  outside  its  competence,  it  shall  report  the  issue  to  the  Member State  and  to  the 
Commission and may make recommendations for the resolution of the issue. Possible reasons for the 
identification  of such issues include the following factors: 

(a) 

that the source of the problem lies outside the River Basin District; 

(b) 

that  the  issue  can  only  be  dealt  with  by  measures  or  legislation  at  a  national  or 
Community level; or 

(c) 

that the issue relates to other policy areas over which the competent authority has no control. 

Article 16 

River Basin Management  Plans 

1.  Member  States shall ensure that within each River Basin District  a River Basin Management 
Plan covering the whole of the River Basin District is produced. The River Basin Management 
Plan shall include the information  detailed in Annex VII. 

2. 

3. 

River Basin Management Plans shall be published by 31 December 2004. 

River  Basin  Management  Plans  shall  be  reviewed  and  updated  by  31  December  2010  and 
every six years thereafter. 

Article 17 

Public information  and  consultation 

1.  Member  States  shall  ensure  that  for  each  River  Basin  District  draft  copies  of  the 
River Basin Management  Plan  are  published  and  access  granted  at  least  one  year  before 
the beginning  of  the  period  to  which  the  Plan  refers.  Upon  request  access  shall  be  given 
to background  documents  and  information  used  for 
the  development  of  the  draft 
River Basin Management Plan. 

2. 

Interested parties shall have at least six months to comment  in writing on those documents in 
order to allow active involvement and consultation. 

3. 

Paragraphs  1  and 2 shall apply equally to updated River Basin Management Plans. 

41 

Article 18 

Planning by sub-basin, sector, issue or water type 

1. 

River  Basin  Management  Plans  may  be  supplemented  by  the  production  of  more 
detailed programmes  and  management  plans  to  deal  with  particular  aspects  of  water 
management, including: 

(a) 

programmes  and  management  plans  dealing  with  particular  sub-basins  within  their 
River Basin District; 

(b) 

programmes and management plans dealing with particular sectors of the economy; 

(c) 

programmes and management plans dealing with particular water  issues; and 

(d) 

programmes  and  management  plans  dealing  with  particular  classes  of  water  or 
particular ecosystems. 

Reference to such planning activities shall be made in the River Basin Management Plan. 

2. 

Undertaking any of the planning activities shall not  exempt  Member  States from any of their 
obligations under the rest of this Directive. 

Article  19 

Accidental  pollution 

In  cooperation  with  other  competent  authorities,  Member  States  shall  ensure  that  action  is taken 
to prevent  or  reduce  the  impact  of  accidental  pollution  incidents,  including  any  required  under 

70 

Council  Directive  82/501/EEC  . Those  measures  shall,  in particular,  cover  the  risk  of  accidental 
pollution due to floods, extinguishing products or by-products from fires occurring in warehouses or 
plants, and leakage of pollutants during their transport  or while in storage.  Where appropriate,  the 
measures taken shall include the following: 

(a) 

hazard analyses and risk assessments of potential sources of accidental pollution; 

(b) 

preventive measures; 

(c) 

preparatory  measures  for  responding  to  emergencies,  including  procedures  for  the  rapid 
reporting  of  pollution  incidents  to  downstream  authorities  and  other  interested  parties, 
including water abstractors; and 

(d)  measures to restore the body of surface water or groundwater affected  by incidents. 

70  O J N oL  230, 5.8.1982,  p. 1. 

42 

Article 20 

Reporting and the exchange of  information 

Member  States  shall  send  copies  of  the  following  plans  to  the  Commission  and  to  the 
European Environment Agency within three months of their publication: 

(a) 

all  River  Basin  Management  Plans  covering  their  national  territory  and  published 
pursuant to Article 16; 

(b) 

t all draft  River Basin Management  Plans covering their national territory  and  published 
pursuant to Article  17; and 

(c) 

relevant programmes and plans covered by the terms of Article 18; 

(d) 

for International River Basin Districts, at least the part of the River Basin Management 
Plans covering the territory of the Community. 

Article 21 

Commission strategies against pollution of water 

The Commission may prepare strategies against pollution of water by individual pollutants or 
groups of pollutants, including any pollution which occurs as a result of accidents. 

Such strategies may be initiated as a result of: 

(a) 

recommendations  from  Member  States,  or  from  competent  authorities  acting  under 
Article 15; 

(b) 

recommendations from the European Environment Agency; 

(c) 

recommendations  from  international  organizations  and  conventions  to  which  the 
Community or its Member States are signatories; 

(d)  risk  assessments carried out under Council Regulation (EEC) No 793/93  ; 

(e) 

recommendations from the Community research programmes, or 

(f) 

other expressions of concern which come to the attention of the Commission. 

Strategies  shall consider the nature of the risk to water and  shall take into consideration  any 
possible  impact  on  air  and  soil  quality.  They  may  include  recommendations  for  any  of  the 
following classes of action: 

O J N oL  84, 5.4.1993, p. 1. 

43 

(a) 

(b) 

(c) 

the  consideration  of  the  substance  or  group  of  substances  in  the  risk  assessment 
procedure of Regulation (EEC) No 793/93, if it is not already being considered; 

the inclusion of the substance or group of substances in Annex VIE to this Directive and 
in Annex in to Directive 96/61/EC, if it is not already included in that Directive; 

criteria for  selection of priority  substances  or groups of substances for  examination  of 
the  risk  they  pose  to  the  aquatic  environment  and  the  desirability  of  developing  a 
specific Commission strategy for the control of emissions into the aquatic environment. 
Annex LX contains a list of such criteria; 

(d) 

the adoption of Community environmental quality standards under paragraph 4; 

(e) 

(f) 

the  adoption  of  Community  emission 
Directive 96/61/EC; 

limit  values  under  Article  18  of 

a review of the relevant authorizations issued under Council Directive 91/414/EEC  and 
73 
Council Directive [Biocides]  ; 

72 

. 

(g) 

the adoption of measures under Council Directive 76/769/EEC  ; or 

(h) 

the adoption of other appropriate measures at national or Community level. 

4.  Where  a Commission  strategy recommends the  adoption  of environmental  quality  standards 
applicable  to  the  concentrations  of  certain  pollutants  in  water,  sediments  or  biota,  the 
Commission shall propose the appropriate measures. 

Article 22 

Commission  Report 

1. 

The  Commission  shall  publish  a  Report  on  the  implementation  of  this  Directive  by 
31 December 2006 and every six years thereafter. 

2. 

The Report shall include the following: 

(a) 

a review of progress in the implementation of the Directive; 

(b) 

a review of the status of surface water and groundwater in the Community; 

(c) 

a  comparative  survey of  the River  Basin  Management  Plans  submitted  in  accordance 
with Article 20, including recommendations for the improvement of future plans; 

O J N oL  230,  19.8.1991, p. 1. 
OJ reference  not yet  available 
OJ No L 262, 27.9.1976, p. 201. 

44 

(d) 

a  response  to  each  of  the  recommendations  to  the  Commission  made  by  competent 
authorities pursuant to Article 15; and 

(e) 

a summary of any strategies developed under Article 21. 

Article 23 

Plans for future Community  measures 

1.  Once  a year,  the  Commission  shall  present  to  the  Committee  referred  to  in  Article  25  an 
indicative plan of measures having an impact on water legislation which it intends to  propose 
in the near future,  including any emerging from the strategies developed under Article 21. The 
Commission shall make the first such presentation by 31 December 1999. 

2. 

The  Commission  will  review  this  Directive  by  31  December  2013  and  will  propose  any 
necessary amendments to it. 

Article 24 

Amendments to the Directive 

1.  Annexes  I,  II,  III,  V,  VIII  and  IX  may  be  adapted  to  scientific  and  technical  progress  in 

accordance with the procedures laid down in Article 25. 

2. 

For the purpose of transmission and processing of data, including statistical and  cartographic 
data, technical formats for the purpose of paragraph  1  may be adopted in accordance with the 
procedures laid down in Article 25. 

Article 25 

Committee 

The  Commission  shall  be  assisted  by  a  Committee  composed  of  the  representatives  of  the 
Member States and chaired by the representative of the Commission. 

The representative of the Commission  shall submit to the Committee a draft  of the measures to be 
taken.  The Committee  shall deliver its opinion  on the draft  within  a time limit which the chairman 
may lay down according to the urgency of the matter. The opinion shall be delivered by the  majority 
laid down in Article  148(2) of the Treaty in the case of decisions which the Council is required  to 
adopt  on a proposal from the Commission.  The votes of the representatives  of the Member  States 
within  the  Committee  shall be weighed  in the  manner  set  out  in that  Article.  The  chairman  shall 
not vote. 

The Commission  shall adopt rtne measures envisaged  if they are in accordance with the  opinion  of 
the Committee. 

If the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion 
is delivered,  the Commission  shall, without  delay,  submit to the Council  a proposal  relating to  the 
measures to be taken. The Council shall act by a qualified  majority. 

45 

If,  on the expiry of three months from the date of referral to the Council, the Council has not acted, 
the proposed measures shall be adopted by the Commission. 

Article 26 

Repeals 

1. 

The following are repealed with effect from 31 December 2007: 

'  • 

Directive 75/440/EEC; 

Decision 77/795/EEC; 

Directive 78/659/EEC; 

Directive 79/869/EEC; 

Directive 79/923/EEC; and 

Directive 80/68/EEC. 

Article 27 

Implementation 

1.  Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative  provisions 
necessary  to  comply  with  this  Directive  by  31  December  1999  at  the  latest.  They  shall 
immediately inform the Commission thereof. 

When Member  States adopt these provisions, these shall contain a reference to this Directive 
or  shall  be  accompanied  by  such  reference  at  the  time  of  their  official  publication.  The 
procedure for such reference shall be adopted by Member States. 

2.  Member  States  shall  communicate  to  the  Commission  the  texts  of  the  main  provisions  of 

national law which they adopt in the field covered by this Directive. 

Article 28 

Penalties 

Member  States  shall  lay  down  the  system  of  penalties  for  breaching  the  national  provisions 
adopted  pursuant to this Directive and shall take all the measures necessary to  ensure that  those 
penalties  are  applied.  The  penalties  thus  provided  for  shall  be  effective,  proportionate  and 
dissuasive. Member  States shall notify  those measures to the Commission no later than the date 
set out in Article 27(1), and shall notify  any subsequent  amendment thereto as soon as possible. 

46 

Article 29 

Entry into force 

This Directive  shall  enter  into  force  on  the  twentieth  day  following  that  of  its  publication  in  the 
Official Journal of the European Communities. 

Article 30 

Addressees 

This Directive is addressed to the Member States. 

Done at Brussels, 

For the Council 
The President 

47 

ANNEX  I 

Information  required for  the list of competent  authorities 

1.  As required under Article 3(7), the Member States shall provide the following information on 
all  competent  authorities  within  each  of  its  River  Basin  Districts  as  well  as  within  each 
international River Basin District in which they participate. 

i. 

Name  and  address  of the  competent  authority  - the  official  name  and  address  of  the 
authority established under Article 3(2). 

ii.  Name and title of correspondent  - the name and official  title of the official  to whom all 

correspondence should be addressed. 

iii.  Geographical coverage of the River Basin District - the names of the main rivers within 
the  River  Basin  District  together  with  a  precise  description  of  the  position  of  the 
terrestrial and maritime frontiers of the River Basin District. This information  should as 
far  as  possible  be  available  for  introduction  into  the  Geographic  Information  System 
(GIS) and/or  the Geographic Information  System of the Commission (GISCO). 

iv.  Legal status of  competent authority - a description of the legal status of the competent 
authority  and,  where  relevant,  a  summary  or  copy  of  its  statute,  founding  treaty  or 
equivalent legal document. 

v. 

Responsibilities  -  a  description  of the  legal  and  administrative  responsibilities  of  each 
competent authority and of its role within each River Basin District. 

vi.  Membership  -  where  the  competent  authority  acts  as  a  coordinating  body  for  other 
competent  authorities, a list is required of these bodies together with a summary of the 
institutional relationships established in order to ensure coordination in a legally binding 
way of the measures required under this Directive. 

vii. 

International  relationships  - where  a River Basin  District  covers  the territory  of more 
than one Member  State or includes the territory  of non-Member  States,  a summary is 
required of the institutional relationships established in order to ensure coordination in a 
legally binding way of the measures required under this Directive. 

48 

ANNEX  II 

Analysis  of the characteristics of the River Basin District 

1. 

2. 

The  technical  specifications  shall  establish  methods  for  an  analysis  of  the  characteristics  of 
River Basin District listed in Article 5(1) and for economic analyses of water use as required 
by Article 7(1). 

The technical specifications  shall include a common format for the presentation of the analysis 
of characteristics  of the River Basin District  and  of the economic analysis of water use, and 
common rules on the amount of information to be included in the summary required as part of 
the River Basin Management Plan. 

The  information  provided  should  as  far  as  possible  be  available  for  introduction  into  the 
Geographic  Information  System  (GIS)  and/or  the  Geographic  Information  System  of  the 
Commission (GISCO). 

responsible 

The  collection  of  information  by  competent  authorities  shall  be  coordinated  with 
the authorities 
in  conformity  with 
Community legislation  on  statistics  and  in  particular  with  Council  Regulation  (EC) 
No 2223/96  of  25  June  1996~5  and  Council  Regulation 
(EC)  No  58/97  of 
18 December 199676. 

in  Member  States 

statistics 

for 

75 

O J N oL  310. 30.11.1996. p  1. 
OJNoL  14,  17.1. 1997, p 1 

49 

ANNEX  III 

Review of the environmental  impact of human  activity 

1. 

The technical specifications  shall include a common format  for the presentation of the review 
of  the  environmental  impact  of  human  activity  and  for  common  rules  on  the  amount 
of information  to  be  included  in  the  summary  required  as  part  of  the  River  Basin 
Management Plan. 

The  collection  of  information  by  competent  authorities  shall  be  coordinated  with  the 
authorities  responsible  for  statistics  in  Member  States  in  conformity  with  Community 
legislation  on  statistics  and  in  particular  with  Council  Regulation  (EC)  No  2223/96  of 

,78. 
7" 
25 June 1996  and Council Regulation (EC) No 58/97 of 18 December 1996 

77 

In  case the technical  specifications  indicate  more than  one  method,  it  must  be  ensured  that 
such methods lead to comparability of results. 

The technical  specifications  shall establish  methods for  estimating the extent  and  location  of 
point source pollution by the substances listed in Annex VIII and shall be based on information 
gathered under, inter alia, the following Directives, but may include additional requirements: 

i. 

Articles  9  and  15  of  the  Integrated  Pollution  Prevention  and  Control  Directive 
(96/61/EC)79; 

ii. 

Article 11 of the Dangerous Substances Directive (76/464/EEC)  and 

81 
iii.  Articles  15 and 17 of the Urban Waste Water Treatment Directive (91 /271 /EEC) 

3. 

4. 

The technical  specifications  shall establish methods for  estimating the extent  and the location 
of diffuse  pollution of the substances listed in Annex VIII. 

The technical  specifications  shall establish methods for  identifying  those individual  bodies  of 
water which are susceptible to  the point  source and  diffuse  source pollution  identified  under 
sections 2 and 3 above. 

77 

78 

79 

80 

81 

OJNo  L 310, 30.11.1996, p 1. 
OJNoL  14, 17.1.1997, p 1. 
OJNoL  257,  10.10.1996, p. 26. 
OJ  NoL  129,  18.5.1976, p. 23. 
OJNoL  135, 21.5.1991, p. 40. 

50 

5. 

The technical specifications shall establish methods for estimating the volume of: 

i. 

abstractions for drinking water; 

ii. 

abstractions for agricultural uses; 

iii. 

abstractions for industrial uses; and 

iv. 

other abstractions. 

6. 

The technical specifications shall establish  methods for estimating water abstractions: 

i. 

total annual demand; 

ii. 

seasonal variations in demand; and 

iii. 

the efficiency  of water use. 

51 

ANNEX  IV 

Protected Areas 

1. 

The register of Protected  Areas required under Article 9 shall include, where relevant for the 
purpose of water protection, the following types of Protected Areas: 

i. 

areas designated  for  the  abstraction  of water  intended  for  human  consumption  under 
Article 8; 

ii. 

areas designated for the protection of economically significant aquatic species; 

iii. 

bodies of water designated  as recreational waters, including areas designated  as bathing 

82 

waters under the Bathing Water Directive (76/160/EEC)  ; 

iv. 

nutrient  sensitive  areas,  including  areas  designated  as  Vulnerable  Zones  under  the 

83 

Nitrates  Directive  (91/676/EEC)  and  areas  designated  as  Sensitive  Areas  under  the 
Urban Waste Water Treatment Directive (91/271/EEC)  ; and 
areas  designated  for  the  protection  of  habitats  or  species  where  the  maintenance  or 
improvement  of the status of water is an important factor  in their protection,  including 

v. 

gc 

relevant  Natura 2000  sites designated  under the Habitats Directive  (92/43/EEC)  and 
the Birds Directive (79/409/EEC)86. 

2. 

The  summary  of  the  register  required  as  part  of  the  River  Basin  Management  Plan  shall 
include  maps  indicating  the  location  of  each  Protected  Area  and  a  description  of  the 
Community,  national or local legislation under which they have been designated.  In the case 
of  bodies  of  water  designated  under  Article  8,  the  summary  shall  include  details  of  the 
environmental quality standards adopted and the expected treatment regime. 

82 

83 

8-1 

85 

86 

O J N oL  31, 5.2.1976,  p. 1. 
O J N oL  375, 31.12.1991, p. 1. 
OJ No L  135, 21.5.1991, p. 40. 
O J N oL  206, 22.7.1992. p. 7. 
O J N oL  103, 25.4.1979, p. 1. 

52 

ANNEX V 

Monitoring  of surface M>ater status and groundwater  status 

For surface waters: 

1. 

The  technical  specifications  for  the  monitoring  of  ecological  status  of  surface  waters  shall 
establish methods for: 

i. 

monitoring of all significant bodies of surface water and representative monitoring of all 
other bodies of surface water; 

ii.  monitoring of the physico-chemical, biological and physical characteristics of the water 
body,  including  quantitative  aspects,  including  dynamic  elements  such  as  seasonal 
variations  and  long-term  natural  fluctuations,  with  most  importance  being afforded  to 
the biological characteristics; 

iii. 

the  presentation  of  monitoring  results  in  a  common  format  or  model  based  on  the 
degree  of  deviation  from  natural  ecological  status  or,  in  the  case  of  artificial  water 
bodies, the degree of deviation from their maximum ecological potential; 

iv. 

the use  of five classes  for  the  presentation  of  ecological  status,  of which the top  two 
classes will be "high ecological status" and "good ecological status". 

2. 

The  technical  specifications  for  monitoring  of  the  chemical  status  of  surface  waters  shall 
establish methods for: 

i. 

ii. 

monitoring  of  all  surface  waters  identified  under  section  4  of  Annex  III  as  being 
susceptible  to  point  source  or  diffuse  source  pollution  by  the  substances  listed  in 
Annex VIII; 

the  use  of  five  classes  for  the  presentation  of  chemical  status  of  which  the  top 
two classes will be "high chemical status" and "good chemical status", 

For groundwaters: 

3. 

The technical specifications  for the monitoring of the quantitative status of groundwater  shall 
establish methods for: 

i. 

monitoring  of  all  groundwaters  used  for  the  abstraction  of  water  and  representative 
monitoring of otlt^r groundwaters; 

ii.  monitoring of the quantity of groundwater, including dynamic elements such as seasonal 
variations,  long-term  natural  fluctuations,  the  abstraction  rate  (including  indirect 
abstractions) and the recharge rate; 

53 

iii.  monitoring  of the  impact  of  changes in groundwater  characteristics  on  the  ecological 
status of associated surface water bodies and on associated terrestrial ecosystems; 

iv. 

selection  of  indicators,  including  natural  conditions,  for  the  characterization  of 
the  quantitative  status  of  groundwaters  with  a  view 
identification  of 
"good quantitative status". 

to 

4. 

The technical specifications,  monitoring of the chemical  status of groundwater  shall establish 
methods for: 

i. 

monitoring  of  all  groundwaters  identified  under  section  4  of  Annex  III  as  being 
susceptible  to  point  source  or  diffuse  source  pollution  by  the  substances  listed  in 
Annex VIII; 

ii.  monitoring at a range of depths; 

iii. 

selection  of  indicators,  including  natural  conditions,  for  the  characterization  of  the 
qualitative  status  of groundwaters  with  a view to  the  identification  of  parameters  for 
"good qualitative status". 

5. 

The overall status of any individual groundwater body shall be based on the lower of the two 
assessments made under sections 3 and 4 above. 

For surface waters and groundwaters: 

6. 

The technical specifications  shall be establish recognizing that different  methods of monitoring 
will be appropriate depending on the nature of the body of water, its location and, for  surface 
waters,  the  aspect  of  its  ecological  status  which  is  being  examined;  and  that  the  technical 
specifications  will  have  to  be  flexible  to  allow  the  development  and  refinement  of 
monitoring techniques whilst  assuring the comparability  of results between different  methods 
and over time. 

The technical specifications  shall establish monitoring and analysis methods, including criteria 
for location of  sampling stations and frequency as well as quality control systems. 

In case the technical  specifications  indicate more than one method  for  a  specific  purpose,  it 
shall be ensured that such methods are leading to comparability of results. 

The  technical  specifications  shall  include  quality  assurance  provisions  and  provisions  for  a 
common  format  for  the  presentation  of the results of the  monitoring  of  surface  waters  and 
groundwaters and common rules on the amount of information to be included in the summary 
required as part of the River Basin Management Plan. 

54 

ANNEX  VI 

Lists  of  measures  to  be  included  within  the  Programmes  of  Measures 

Part A 

The following  is a list of those  pieces  of Community  legislation which,  together  with  national 
or  local  legislation,  make  up  the  baseline  measures  to  be  included  in  the  Programmes  of 
Measures under Article  13(3)(a): 

87 

i. 
ii. 

iii. 
iv 
v. 
vi. 

The Bathing Water Directive (76/160/EEC) 
The Birds Directive (79/409/EEC)88 
The Drinking Water Directive  (80/778/EEC) 
The Major  Accidents (Seveso) Directive (82/501/EEC) 
The Environmental Impact Assessment Directive (85/37/EEC) 
The Sewage  Sludge Directive (86/278/EEC) 

92 

90 

89 

91 

93 

vii.  The Urban Waste Water Treatment  Directive (91/271/EEC) 

94 

viii.  The Plant Protection Products Directive (91/414/EEC) 
ix. 

The Nitrates Directive (91/676/EEC)95 
96 

The Habitats Directive (92/43/EEC) 
The Integrated Pollution Prevention  Control Directive (96/61/EC) 

x. 
xi. 
xii.  Other relevant  legislation. 

PartB 

The following  is a non-exclusive  list of supplementary  measures which Member  States  within 
each River Basin District may choose to adopt  as part of the Programme of Measures  required 
under Article  13(4): 

i. 
ii. 
iii. 
iv. 
v. 
vi. 

legislative  instruments 
administrative  instruments 
economic or fiscal instruments 
negotiated  environmental  agreements 
emission  controls 
codes of good  practice 

87 

88 

89 

90 

91 

92 

93 

94 

95 

96 

97 

OJNoL 31,5.2.1976, p. 1. 
OJNoL  103, 25.4.1979, p. 1. 
OJNoL 229,30.8.1980, p. 11. 
OJNoL 230, 5.8.1982, p. 1. 
OJNoL  175, 5.7.1985, p. 40. 
OJNoL  181, 8.7.1986, p. 6. 
OJNoL  135, 21.5.1991, p. 40. 
OJNoL 230, 19.8.1991, p. 1. 
OJNoL 375, 31.12.1991, p. 1. 
OJNoL 206, 22.7.1992, p. 7. 
OJ No L 257,  10.10.1996, p. 26. 

55 

abstraction controls 

vii. 
viii.  demand management measures, inter alia promotion of adapted agricultural production 

ix. 

such as low water requiring crops in areas affected  by drought 
efficiency  and  re-use  measures, inter  alia promotion  of water  efficient  technologies  in 
industry and water saving irrigation techniques 
construction projects 
x. 
desalination plants 
xi. 
xii. 
rehabilitation projects 
xiii.  artificial recharge of aquifers 
xiv.  educational projects 
xv. 
xvi.  other relevant measures 

research, development and demonstration projects 

56 

ANNEX  VII 

River Basin Management  Plans 

River Basin Management Plans shall cover the following elements: 

i. 
ii. 

iv. 

v. 

vi. 
vii. 

a summary of the information provided to the Commission under Article 3(7); 
a summary of the environmental objectives adopted under Article 4; 
a  summary  of the  analysis  of the  characteristics  of their River  Basin  District  required 
under Article 5; 
a summary of the review of the environmental impact of human activity required under 
Article 6; 
a  summary  of  the  economic  analysis  of  water  use  within  the  River  Basin  District 
required under Article 7; 
a summary of the register of Protected Areas designated under Article 9; 
a summary of the results of the monitoring programmes  carried  out  under  Articles  10 
and 11; 

viii.  a summary of the programme of measures adopted under Article 13, including: 

a. 

b. 

c. 

d. 

e. 

f 
g. 

for  those  measures  described  under  Article  13(3)(a),  a  description  of  the 
European  Community,  national  or  local  legislation  from  which  the  measures 
derive,  together  with  details  of  the  way  in  which  they  have  been,  or  will  be, 
implemented within the River Basin District; 
a summary of the measures taken for the implementation of the charges for water 
use required under Article 12 and Article Article 13(3)(b); 
a summary of the measures taken under Article  1 Article  13(3)(c) to achieve the 
environmental quality standards established under Article 8(2); 
a  summary  of  the  measures  taken  under  Article  Article  13(3)(d)  for  bodies  of 
water with a chemical status below "good". 
details  of  the  abstraction  controls  adopted  under  Article  Article  13(3)(e)  and, 
where  such  controls  have  not  been  adopted,  reasoned  justification  for  the 
exemption; 
details of the additional measures adopted under Article Article 13(3)(f), and 
details of the supplementary measures adopted under Article Article 13(4), 

including, in each of the above cases, an identification  of the individuals or organizations 
responsible  for  undertaking  the  various  measures  and  a  timetable  for  their  intended 
implementation, and 
a summary of the measures taken  under  Article  19 to  reduce the  impact  of  accidental 
pollution incidents. 

ix. 

2. 

The first  update  of the  River  Basin  Management  Plan  and  all  subsequent  updates  shall  also 
include: 

i. 

ii. 

a summary of any changes  or updates  since the publication  of the previous  version  of 
the River Basin Management Plan; 
an assessment of progress towards the achievement of the environmental  objectives and 
an explanation for any environmental objectives which have not been reached; 

57 

iii. 

iv. 

a summary of,  and an explanation for, any measures foreseen in the earlier version of the 
River Basin Management Plan which have not been undertaken, and 
a  summary  of  any  additional  interim  measures  adopted  under  Article  14  since  the 
publication of the previous version of the River Basin Management Plan. 

3. 

4. 

5. 

The  River  Basin  Management  Plan  shall  contain  a  summary  of  the  results  of  the  public 
consultation undertaken  on the  draft  Plan under  Article  17 together  with  a  summary  of the 
changes made as a result. 

The  River  Basin  Management  Plan  shall  contain  references  to  any  programmes  and  plans 
covered by the terms of Article 18. 

The River Basin Management  Plans  shall  also include any recommendations  for  national  or 
Community action adopted under Article 15. 

58 

ANNEX Vin 

Pollutants 

1.  Organohalogen  compounds  and  substances which may form  such compounds in the  aquatic 

environment. 

2. 

Organophosphorus compounds. 

3. 

4. 

Organotin compounds. 

Substances and preparations which have been proved  to  possess  carcinogenic  or  mutagenic 
properties or properties which may affect  reproduction in or via the aquatic environment. 

5. 

Persistent hydrocarbons and persistent and bioaccumulable organic toxic substances. 

6. 

Cyanides. 

7.  Metals and their compounds. 

8.  Arsenic and its compounds. 

9. 

Biocides and plant protection products. 

10.  Material in suspension. 

11.  Substances which contribute to eutrophication (in particular, nitrates and phosphates). 

12.  Substances  which  have  an  unfavourable  influence  on  the  oxygen  balance  (and  can  be 

measured using parameters such as BOD, COD, etc.). 

59 

ANNEX  IX 

Criteria for  selection of priority substances or groups of substances for  examination of the risk they 

pose  to  the  aquatic  environment  and  the  appropriateness  of  developing  a  specific 
Commission strategy for  the control of emission to the aquatic environment. 

The substance or group of substances: 

1. 

2. 

3. 

has been shown to cause unacceptable effects  in or there are strong indications of risk to the 
aquatic environment; 

has been found widespread in one or more compartments of the aquatic environment; 

reaches the aquatic environment from a diversity of sources through a diversity of pathways. 

60 

ANNEX X 

Environmental  quality  standards 

1. 

"quality  objectives" 

The 
the 
Dangerous Substances Directive (76/464/EEC)98 shall be considered as environmental quality 
standards for the purposes of this Directive. They are established in the following Directives: 

the  daughter  Directives  of 

established  under 

i. 

' The Mercury Discharges Directive (82/176/EEC)  ; 

99 

100 

ii. 

The Cadmium Discharges Directive (83/513/EEC) 

; 

iii. 

The Mercury Directive (84/156/EEC)101; 

102 

iv.  The Hexachlorocyclohexane Discharges Directive (84/491/EEC) 

, and 

v. 

The Dangerous Substance Discharges Directive (86/280/EEC) 

. 

98 

99 

100 

101 

102 

103 

O J N oL  129,  18.5.1976, p. 23. 
O J N oL  81, 27.3.1982, p. 29. 
O J N oL  291. 24.10.1983, p. 1. 
O J N oL  74,  17.3.1984, p. 49. 
O J N oL  274,  17.10.1984, p. 11. 
O J N oL  181,4.7.1986, p. 16. 

61 

FINANCIAL  STATEMENT 

1. 

T I T LE  OF  O P É R A T I ON 

Proposal  for  a  Council  Directive  establishing  a  framework  for  Community  action  in  the 
field of water policy 

2. 

BUDGET HEADING INVOLVED 

B4-304 

3. 

LEGAL  BASIS 

Article 130s(l) of the EC Treatry, 
Proposal for a European Parliament and Council Decision on an Action Programme for 

Integrated Groundwater Protection and Management (OJ No C 355, 25.11.96, p. 1). 

4. 

DESCRIPTION OF OPERATION 

4.1  General objective 

The Directive has three objectives which should be achieved at the latest by 2010: 

achieve good surface water status in all surface waters 
achieve good groundwater status in all groundwaters, and 
comply  with  all  standards  and  objectives  relating  to  areas  requiring  special 
protection, including waters for the abstraction of drinking water. 

4.2  Period covered and arrangements for renewal 

The Directive requires 

for Member States: 

Adoption  and  execution  of River Basin  Management  Plans  by December  2004. 
Plans  shall  include  all  measures  envisaged  necessary  to  reach  good  status  of 
surface waters and groundwaters. 

Revision every six years of River Basin Management Plans. 

The following main actions to ensure the application of the provisions of the Directive: 

Implement principle of charging users for all water use at full cost recovery prices 
by  2010  (abstraction,  distribution,  consumption,  collection,  treatment  and 
other uses); 

Designate waters for abstraction of drinking water by December 2000; 

62 

Analyse characteri sties of River Basin Districts by December 2001 : 

for environmental impact of human activity; 
for complete registration of Protected Areas; 
for establishing monitoring programmes for water status; 
for complete economic analysis of water use. 

for the Commission: 

A review of the Directive by 31 December 2013 

The following  actions in order to assist and oversee the implementation  of the Directive will 
begin at the earliest by 1998: 

Draw up technical specifications for annexes of Directive: 

for monitoring  of water quality and quantity by 31 December 1999; 
for qualitative and quantitative assessment of point and diffuse  source pollution by 
31 December 1999; 
or analysis of physical, demographic and economic characteristics  of River Basin 
Districts by 31 December 1999; 
for  identification  of sectors for  use of economic instruments in the water policy, 
as appropriate; 

Evaluate  and  publish  sixannual 
31 December 2006; 

report  on 

implementation  of  Directive  by 

Present annual indicative Commission plan for planned proposals for measures for water 
protection and use from 31 December 1999; 

Adopt decisions where Member States do not reach agreement on transboundary water 
protection and use, as appropriate; 

Negotioation with third  countries concerning transboundary  water  protection  and use, 
as appropriate; 

Evaluate  Member  States  exemptions from the  general  provisions  of  the  Directive,  as 
appropriate; 

Chair regulatory committee, as appropriate; 

Arrange bi-annual conference for  water professionals,  water users and regulators from 
2000 or later as appropriate. 

5. 

CLASSIFICATION  OF EXPENDITURE OR REVENUE 

5.1  DNO 

5.2  CD 

63 

6.  TYPE OF EXPENDITURE OR REVENUE 

Expenditure: 

Technical and scientific work linked to: 

the development of a uniform system for compliance monitoring programmes; 
specification of details of annexes for the characterization and analysis of environmental 
and economic parameters; 
the publishing of reports on the imlementations of the Directive; 
possible development of Commission strategies for the control of pollutants. 

7. 

FINANCIAL IMPACT 

7.1  Method  of  calculating  total  cost  of  operation  (relation  between  individual  and 

total costs) 

re: Studies  Studies required  for technical  and  scientific  assistance for  the  specification 
of annexes will largely cover the scope of studies foreseen under the proposed Directive 
on  Ecological  Quality  of  Water  (COM(93)  680  final)  which  will  be  repealed  and 
substituted by this proposal. The studies are foreseen in the budget for  1997; 

re: Reports. This  proposal  repeals  4  existing  Directives  and  a Decision  requiring five 
reports, Council  Directives  75/440/EEC,  78/659/EEC,  79/923/EEC,  80/68/EEC  and 
Council Decision 77/795/EEC. This proposal also substitutes the report required under 
the proposed Directive on Ecological Quality of Water, COM(93) 680 final, which will 
be repealed. Furthermore, reporting will be a six-year cycle in stead of three-year cycle, 
implying a decrease in expenditure. 

64 

7.2 

Itemized breakdown of cost 

Commitment  appropriations ECU million (at current  prices) 

Breakdown 

yearn 

n+9 

n+15 

Total 

Technical  and  scientific 
asisstance  for the 
specification  of Annexes 
(studies): 
(a)  studies  on full  cost 
recovery  for water use 
(b)  studies on 
characterizations  of point 
and  diffuse  sources 
pollution  and other 
environmental  impact  of 
human  activity 
(c)  studies  on  monitoring 
methods  of chemical and 
ecological  status of  surface 
water  and  groundwater 

Commission  Report  every 
six years  from  2006 

19 
97 

0.15 

0.05 

0.15 

0.05 

0.1 

0.1 

0.3 

0.3 

0.6 

Total 

0.3 

0.3 

0.3 

0.9 

7.3  Schedule of commitment and payment appropriations 

Commitment 
appropriations 
Payment 
appropriations 
year  n 1997 
n+  1 
n + 9 
n + 15 
n + 21 
n + 27 
n + 33 
and  subs, yrs 
Total 

year n 
1997 
0.3 

n+9 

0.3 

EC1 

J  million 
Total 

n+15 

0.3 

0.9 

0.125 
0.175 

0.3 

0.3 

0.3 

0.3 

0.3 

0.9 

65 

8. 

FRAUD PREVENTION  MEASURES 

it  will be explicitly  specified  in contracts that  all work  performed  is the  property  of 
the Commission; 

final payment  of contractors will only take place after  reception  and  examination  of 
the reports and services requested. 

9. 

ELEMENTS  OF COST-EFFECTIVENESS  ANALYSIS 

9.1  Specific  and quantified  objectives; target  population 

Under  the  general  objective  of  achieving  good  water  status  for  surface  water  and 
groundwater  the  objectives  of  the  operation  may  be  specified  further  to:  increase 
protection of human water needs, ecosystems, and water for economic purposes. 

Specific  objectives 

prevention  of  further  deterioration  of  water  status,  and  protection  and 
enhancing  of  status  of  aquatic  ecosystems  and,  with  regard  to  their  water 
needs, terrestrial  ecosystems; 

promotion  of  sustainable  water  consumption  based  on  long-term  planning  of 
available resources; 

securing a sufficient  supply of good  quality water for  human consumption  and 
for  economic purposes; 

designation  of  an  administrative  structure  ensuring  coherent  and  transparent 
administration  of all waters; 

involvement  and  consultation  of  water  users  and  the  public  in  preparation 
of measures; 

establish charging of users for all water use at full  cost  recovery prices; 

the establishing of a coherent  framework  for  Community  action  in the field of 
to 
water  policy  which 
sustainable water  management. 

integrates  Community  policies  of 

importance 

Information  on  the  water  status  is  not  fully  available  and  implementation  of  the 
Directive  will  be  an  ongoing  process  with  information  gathering  to  monitor  and 
assess the impact  on water  status and water  uses.  In this  sense, the  Directive  has a 
procedural  nature. Further quantification  of specific  objectives  listed will be ensured 
as  an  ongoing  process,  in  close  cooperation  with  Member  States,  in  the 
implementation  of the Directive. Quantification  depends on the involvement  at local 
level  in  Member  States  because  what  constitutes  "good  water  status"  will  vary 
depending  on  specific  hydrological  characteristics,  geology,  climate,  and  socio 
economic  setting for water use. 

66 

The target populations of the Directive are: 

Current  and  future  water  users who  depend  on water  of a  "good  status" will 
benefit  from  a  sustainable  management  of  water  resources,  foremost  with  a 
sufficient  supply  of  a  good  qualtity  of  drinking  water  and  water  for  food 
production,  and  other  industrial  processing,  for  agricultural  production, 
fisheries and fish farming, tourism as well as for leisure and other purposes. 

Downstream users of water who should get a more equitable access to water. 

Water users presently  cross-finance  other water users who  should  get  a more 
equitable  payment  structure  e.g.  households  who  presently  cross-subsidise 
industrial  users  and  vice versa,  tx  payers  who  subsidise  through  direct  state 
aid or hidden cross-subsidies. 

Private and  public administrations who  should  get  a better  cost-effectiveness 
of  administrative 
in 
to 
water  management. 

routines  due 

integration 

coherence 

and 

Biodiversity of plant and animal species in aquatic ecosystems. 

9.2  Grounds for the operation 

A continuous  pressure  and  downwards trend  in water  status of Community  waters 
call  for  better  integration  and  coherence  in  Community  water  protection  and 
management.  This Directive offers  a framework  to  coordinate  and  partly  substitute 
a patchwork  of existing, specific  Community and national legislation on water. 

Subsidiarity: 

Current  Community  legislation  will  be  integrated  within  one  coherent 
Framework  covering all waters, quality and quantity issues as well as ensuring 
a  combined  approach  for  control  of  emissions  to  the  aquatic  environment 
through  emission  limit values and  environment  quality  standards.  A  coherent 
set  of common  définitions  and  monitoring  methodologies  will be  established. 
This  can  only  be  achieved  at  the  level  of  the  Community.  The  need  for  an 
overall  coordination  of water  status  across  borders  and  with  third  countries 
under 
likewise  can  only  be  established  at 
Community level. 

international  conventions 

Within this framework,  in order to  take into  account  the diverse  situations in 
Member  States  decisions will be taken  as close as possible to  where  water  is 
being used  or  affected.  Priority  is given  to  action  within  the  responsibility  of 
Member  States  through  the  drawing  up  of  specific  programmes  of  measurs 
within  a  general  Management  Plan.  Further,  the  Directive  will  require  the 
involvement  of  interested  parties,  including  water  users,  and  the  general 
public in the drawing up of such plans and thus ensure transparency. 

67 

Cost-effectiveness  of the operation: 

Establishing  a  coherent  framework  for  water  management  is  expected  to  lead  to 
in  administrative  routines  due  to  coordination  of 
improved  cost-effectiveness 
measures, better information  background  and avoiding duplication of  efforts. 

Charging  for  water  use  at  full  cost  recovery  prices  and  where  possible  including 
additional  environmental  and  resources  costs  will  lead  to  an  improved  cost-
effectiveness  of water use  as well  as an improved  protection  and  more prudent  use 
of water. 

Taking  into  account  the  diversity  of  conditions  and  needs  in  the  Regions  of  the 
Community  and  depending  on  the  level  of  implementation  of  existing  obligations 
for  water  protection,  cost-efficiency  is  likely  to  vary.  Cost-effective  solutions  for 
control  of  pollution  and  water  abstraction  may  vary  accordingly.  The  procedural 
nature  of the Directive  ensure  flexibility  for  implementation  of the  principle  of  full 
cost recovery prices and inclusion of environmental and resource cost by 2016. 

The achievement  of good water status rely extensively on the full  implementation  of 
all  existing  Community  legislation  for  water  protection,  and  in  particular  on 
The Urban  Waste  Water  Treatment  Directive  (91/271/EEC,  the  nitrates  Directive 
(91/676/EEC  and  the  Integrated  Pollution  Prevention  and  Control  Directive 
(96/61/EEC).  Depending  on  the  implementation  of  these  Directives  and  the  local 
conditions supplementary action may be needed, the nature and extent of which will 
vary in the specific  situations. 

9.3  Monitoring and evaluation of the operation 

Clear  target  dates  have  been  set  for  the  achievement  of  the  objectives  of 
the Directive. 

The  Commission,  in  close  cooperation  with  Member  States  and  the  European 
Environment  Agency,  and  with  involvement  of  water  users  and  the  general  public, 
will  monitor  development  in  water  status.  Reports  will  be  submitted  to  the 
Commission  every  six  years.  Commission  will  report  annualy  on  any  planned 
proposals to improve water protection  in the light of developments. 

Member  States  are  obliged  to  put  into  operation  all  programmes  of  measures 
envisaged  as necessary  for  the achievement  of good  status  of all waters  by 2007 in 
the  form  of  River  Basin  Management  Plans.  Such  plans  shall  be  revised  every 
six years. 

Member  States  are  obliged  to  ensure  full  application  of  the  principle  of  full  cost 
recovery  prices  and  where  possible  to  impose  charges  representing  environmental 
and resource costs by 2010. 

68 

Member  States  are  obliged  to  establish  monitoring  programmes  for  the  status  of 
waters.  Member  States  are  further  obliged  to  public  consultation  on  plans  and 
results  in the form  of  six-annual  revision  of programmes  and  operational  measures 
for  the  application  of the  rules  of the  Directive.  Reports  on  development  shall  be 
publicly available and sent to the Commission every six years. 

The  Directive  establishes  common  definitions  and  methodologies  for  analysis  and 
monitoring allowing comparability of efforts  and achievements. 

10.  ADMINISTRATIVE EXPENDITURE (SECTION III,  PART A  OF THE BUDGET) 

Actual  mobilization  of  the  necessary  administrative  resources  will  depend  oh  the 
Commission's  annual  decision  on  the  allocation  of  resources,  taking  into  account  the 
number of staff and additional amounts authorized by the budgetary authority. 

10.1  Effect  on  the number  of posts 

There is no increase in personnel,  1 fonctionaire  and  1 agent temporaire  are already 
in the budget. 

Type of post 

Staff to be assigned to 
managing the operation 
Permanent 
posts 

Temporary 
posts 

Officials  or 
A 
temporary 
B 
staff 
C 
Other  resources 
Total 

1 
0 
Vi 
0 
1  Vi 

1 
0 
0 
0 
] 

Source 

Duration 

Existing 
resources  in 
the  DG  or 
department 
concerned 
2 
0 
Vz 
0 
2l/2 

Additional 
resources 

0 
0 
0 
0 
0 

T e m p o r a ry 
post: 
1997-1999 

10.2  Overall  financial  impact  of additional  human  resources 

ECU (current prices) 

Method of calculation 

Amounts 
Officials 
0 
0 
Temporary  staff 
Other  resources  (indicate  budget  0 
heading) 

' 

Total 

0 

1  0 

1 

69 

10.3  Increase  in  other  administrative  expenditure  as  a  result  of the  operation 

Budget heading 

Meetings of the Article 26 
Committee (once or twice/year) 
from  1998 

Bi-annual conference from 2000 

Amounts 

ECU 20 500 

ECU 25 000 

Average/year  from  year 2000 

|  ECU 45 500 

| 

ECU (current prices) 
Method of calculation 

ECU  10 250/meeting x 
two meetings/year 

ECU 50 000/conference  every 
second year. 
200 participants, meeting room 
(Brussels), interpretation,  '  • 
documents 

70 

ISSN 0254-1475 

COM(97) 49  final 

DOCUMENTS 

EN 

14 

Catalogue  number  :  CB-CO-97-079-EN-C 

ISBN  92-78-16373-2 

Office  for  Official  Publications  of the European  Communities 

L-2985  Luxembourg 

71