Amendment to the proposal for a Council Directive establishing a framework for Community action in the field of water policy (COM(97) 49 final)
Date: 1997-11-26
Institutions: European Commission
Subjects: EU law, environmental policy, environmental protection, water management, water pollution

wumjpm 

COMMISSION OF THE EUROPEAN  COMMUNITIES 

Brussels, 26.11.1997 
COM(97) 614  final 

97/0067 (SYN) 

Amendment to the 
Proposal for a 
COUNCIL DIRECTIVE 

establishing a framework for Community action 
in the field of water policy 
(COM(97) 49 final) 

(presented by the Commission pursuant to Article 189a(2) 
of the EC Treaty) 

EXPLANATORY MEMORANDUM 

1. 

INTRODUCTION 

The  Commission's  Proposal  for  a  Council  Directive  establishing  a  framework  for 
Community  action  in the field of water  policy  (COM(97) 49 final) introduced  in its 
Article  13 a combined" approach towards pollution emissions to water. The combined 
approach  is a tool by which  a high level of environmental  protection  is achieved: it's 
role is to ensure that emissions are controlled by Best Available Techniques in the  first 
instance, and if that is not sufficient  to achieve the goal of good water status set out in 
the Directive, the controls concerned are tightened as necessary. 

industry 

to  BAT  under 

Part of the necessary controls for the first arm of the combined approach is already in 
place.  Large 
the 
is  already  controlled  according 
Council Directive on Integrated Pollution Prevention and Control (96/61/EC), and the 
Urban  Waste  Water  Treatment  Directive  (91/2 71/EEC)  and  Nitrates  Directive 
(91/676/EEC) introduce  source-based  controls  on  oxygen-depleting  and  eutrophying 
substances.  The  Commission's  original  Proposal  for  a  Water  Framework  Directive 
indicated that the combined approach would be complemented by a separate initiative 
to  cover  pollution  from  small  industries.  However,  on  reflection,  the  Commission 
considers that the inclusion within the framework Directive of a simplified  and updated 
version  of  the  existing  controls  on  small  installations  under  Directive  76/464/EEC 
(on the discharge of certain dangerous substances into the aquatic environment) which 
are a broadly agreed form of control of pollution of small installations, is a quicker and 
simpler  way  to  achieve the  same objective.  In this way,  the  combined  approach  for 
emissions to water can be completed  without further  delay, while the development of 
an integrated  scheme  of permissions  for  small  installations  can  receive  the extensive 
further  consideration it requires. This consolidation is set out here. 

2. 

PROPOSED AMENDMENTS 

The required amendments can most appropriately be made in the context of Article 21 
of  COM(97)  49 final, which  concerns  Community  strategies  against  pollution  by 
certain  pollutants. Many of the required  elements were already present  in Article 21, 
and a simple elaboration  of these will suffice  to take over the essential  provisions of 
Directive 76/464/EEC. 

The main advantage of that  Article was the breadth  of its approach:  all sources  of a 
particular  pollution  problem would  be considered  and  not  only process  sources, and 
the  most  appropriate  combination  of  controls  would  be  chosen.  This  approach  has 
been  retained  in  this  amendment.  The  aim  of  the  changes  to  Article  21  can  be 
summarized as follows: 

(i) 

to introduce a method of prioritizing among dangerous substances for action; 

(ii) 

to provide a framework for action on the prioritized substances comprising: 

(a) 

(b) 

identification of the significant  sources of the emissions concerned, both 
process and product; 

analysis to identify the proportionate level of control, and  cost-effective 
combination  of  controls  on  those  sources,  with  the  process  sources 
being  controlled  according  to  BAT,  in  accordance  with  the  combined 
approach  and the existing provisions of Directive 76/464/EEC. 

2.1 

Prioritization of substances 

One of the problems of Directive 76/464/EEC was the lack of any means of identifying 
priority substances for action among the substances listed in its Annex I. It is essential 
for  the  success  and  credibility  of  any programme  on  dangerous  substances  that  the 
substances  be  tackled  in  manageable  tranches,  that  the  criteria  for  prioritization  be 
open and transparent,  and that the substances  selected  according to those  criteria  be 
endorsed  by the  Community  as  a whole,  according  to  the  procedures  established  in 
the  Treaty.  The  intention  here  is  to  provide  a  framework  for  this  action,  with 
the  substances  of  concern  to  be  identified,  pursuant  to  that  framework,  in 
subsequent  proposals.  The  Commission  shall  therefore  come  forward  with  a 
separate Proposal  for  a first priority  list,  probably  comprising  around  30  dangerous 
substances, which will be adopted  according to  Treaty  procedures,  and  will  produce 
that list by 31 December 1998. 

The prioritization mechanism must identify those substances for which the combination 
of  intrinsic  hazard  and  environmental  exposure  is  greatest.  This  combination  is 
technically  known  as  risk,  and  paragraph  2  provides  for  three  alternatives  for 
identifying  risk. 

The  first  is  risk  assessment  according  to  the  methodology  established  by 
Council Regulation  (EEC)  No  793/93  (Article  21(2)(a)).  A  programme  of  risk 
assessment under this Regulation is already in place, and its outcome will be of the  first 
importance.  However,  in  determining  risk  from  discharges  to  water,  which  is  the 
concern here, the full apparatus of Regulation (EEC) No 793/93 may not be necessary, 
as  only  aquatic  routes  to  human  toxicity,  and  aquatic  ecotoxicity,  are  relevant. 
Therefore  a  second  option  focussing  only  on  these  elements  is  proposed  in 
Article 21(2)(b). This targeted assessment, although more limited in scope, would take 
place according to the methodology established under Regulation (EEC) No 793/93. 

In the case where the data required by the Regulation (EEC) No 793/93 methodology 
cannot  reasonably  be obtained  in the given time, the  Commission  is determined  that 
this will not be permitted to delay prioritization. However, prioritization must continue 
to  be  on  the  basis  of  clear  transparent  methodology.  Where  that  case  arises,  the 
Commission shall use a simplified risk assessment procedure, making its methodology 
public,  and  taking  into  account  all  available  information  relating  to  hazard  and 
exposure, as set out in Article 21(2)(c). 

Article 21(3) states that the Commission shall take account of any recommendations or 
other relevant  information  received  in drafting  its Proposal.  This specifically  includes 
recommendations  from  the  Scientific  Committee  for  toxicity  and  ecotoxicity  of 
chemical compounds, and from international  organizations concerned with the marine 
environment.  The  latter  is  important  to  ensure  that  marine  sensitivity,  as  well  as 
freshwater  sensitivity,  is taken  into  account  in  identifying  priorities.  Article  21(4)  is 
simply a  'housekeeping'  measure.  It is likely that  the priority  substances  will already 
figure  under  one  of  the  groups  of  substances  listed  in  Annex  VIII  to  the 
Water Framework  Proposal,  and in Annex III of the IPPC Directive,  but  where they 
do not, paragraph 4 provides for them to be added there. 

2.2 

Scope and  nature of controls 

Once  the  substances  of  concern  have  been  identified,  the  Commission  will  come 
forward  with  proposals  for  controls  according  to  the  principles  established  in 
paragraph  5 of the revised  Article 21.  The first  step will be to  identify  all  significant 
sources of the emissions concerned. 

is  to 

identify  controls.  For 

The  second 
installations  not  controlled  under 
Directive 96/61/EC, the controls will be emission  limit values or  equivalent  controls 
based  on Best  Available Techniques, in accordance with the combined  approach. For 
installations  within  IPPC,  the  authorization  mechanism  there  provides  for  control 
according to BAT in any case. However, that Directive also provides, in its Article 18, 
for  Community-level  measures  on  IPPC  industries  where  needed,  and  the  need  for 
such action should be assessed in the context of the combined approach as well as the 
exchange of information provided for in Article 16 of the IPPC Directive. 

For products, action will take place in the context of existing Community mechanisms, 
where these are provided, or by proposals for other appropriate measures. 

An overarching approach to all sources, and rigorous analysis of the control  options, is 
an essential  component  of the Proposal.  In  all  cases, the combination  of  measures  to 
achieve  the  goal  of  progressive  elimination  will  be  decided  on  the  basis  of 
cost-effectiveness  and  proportionality.  This  will  require 
the  consideration  of 
compliance  costs  for  the  operator,  administrative  costs  for  the  operator,  and 
administrative  costs  for  the  public  authority  responsible  for  the  implementation  and 
enforcement  of the controls envisaged. 

In  practice,  all  the  measures  identified,  whether  process  techniques  or  technologies, 
product  controls,  or  other  control  options,  would  be  ranked,  as  far  as  is  practicable, 
according  to  their  cost  of achieving  additional  reductions  in  a  substance  - taking  into 
account the practicalities of implementation and enforcement.  The decision on how  far 
to proceed towards the overall aim of elimination of a particular  substance would then 
be based  on  an  assessment  of whether  the  costs  of  achieving  additional  reductions  in 
the substance are proportionate to the reduction achieved. 

their  cost  and  the  reduction  achieved.  This  is  consistent  with 

The measures  required  of process  sources  shall be the most  advanced  techniques  and 
technologies  for  pollution  reduction  which are justified  in terms  of the  proportionality 
between 
the 
Commission's  obligation  under the Treaty to  consider  the  potential  benefits  and  costs 
of action or lack of action, with all existing practice in process regulation, and with the 
inclusion  of cost  considerations in the definition  of "Best Available Techniques" in the 
IPPC Directive. 

Determining the point  at which the  costs  of additional  reductions  are  disproportionate 
is inevitably  a matter  of judgment.  The concern here is to  make  sure that  the basis  for 
the  Commission's  judgment  in  any  particular  case  is  set  out  with  the  maximum  of 
transparency,  in order to facilitate  comment from  all interested parties and an  informed 
debate on the issue between the Community institutions. 

In  accordance  with  the  combined  approach,  quality  standards  for  the  priority 
substances  identified  should  be  applied  in  addition  to  the  emission  controls,  to  ensure 
the  highest  level  of  environmental  protection.  This  is  ensured  by  paragraph  6  of 
Article 21.  Paragraph  7 allows  for  the  situation  where  a  particular  pollution  problem 
not  identified  at  the  time  of  the  priority  list  later  becomes  apparent,  for  which 
Community action is urgently required. 

2.3 

Other  elements 

The  remainder  of  the  amendments  proposed  are  designed  to  take  over  other 
provisions  of the existing Directive 76/464/EEC  structure  and to  ensure  compatibility 
with existing legislation. 

The preamble is amended to reflect  the changes to the text of the proposed Directive. 

A group  of "amendments to  Articles  1, 2(1), 3(1),  13(1), 23, new definitions  2(5b) and 
2(5c),  and  new  paragraphs  4(1 )(e)  and  13(3)(i),  are  introduced  to  extend  the 
geographical 
of 
Directive 76/464/EEC.  These  amendments  also  provide  for  the  integration  of  the 

the  Framework  Directive 

to  match 

scope 

that 

of 

requirements  of  other  Community  legislation  regarding  marine  waters  into  the 
Framework Directive structure, and for the establishment of the objective in relation to 
marine waters to which Member  States have committed  themselves in the context of 
the  United. Nations  Convention  on  the  Law  of  the  Sea.  Article  23  requires  the 
Commission  to  review  the  obligations  on  the  marine  environment  in  the  light  of 
developments  in  scientific  knowledge,  with  a  view  to  ensuring  full  integration  of 
marine  management  within  the  framework  when  the  requisite  scientific  basis  is 
in place. 

A further group of amendments to Articles 2(20), 2(22), 2(23), 2(27), 2(30), 13(3)(d), 
the  obligation  under  Article  7  of 
13(4)  and  21(6)  make  clear  how 
Directive 76/464/EEC,  to  establish  pollution  reduction  programmes  for  pollutants in 
List  II  of that  Directive,  is taken  over  under  the  Framework  Directive.  In  essence, 
Article 13(3)(d)  requires  that  where  pollution  is  identified,  environmental  quality 
standards for the pollutants concerned should be set and the waters monitored, and the 
programme  of  measures  should  be  designed  to  ensure  the  standards  are  achieved 
(Article  13(4)). However,  as a general  obligation over  and  above this,  Article 21(6) 
requires Member  States to establish standards for all substances in the priority list for 
which  no  standards  have  yet  been  established  at  EU  level.  This  simply  requires 
Member  States  to  treat  those  substances  which  the  Community  is  committed  to 
treating in any case, in the  same way the Community will treat  them, to  ensure that 
there  is  no  regulatory  gap  in  their  control  in  the  interim  before  EU  standards  are 
brought  forward.  The  remaining  amendments  simply  adjust  the  definitions  to  take 
account of the new standards. 

The new paragraph 2.36 incorporates the definition  of "emission limit values" used in 
the IPPC Directive. These values must be such as to ensure that the reduction required 
by the Directive is achieved, which, in accordance with the combined approach, is the 
reduction  required  by  the  relevant  Community  legislation  based  on  BAT  plus  any 
additional reduction needed to achieve the quality standard.  An equivalent control can 
also  be  used  -  this  is  simply  one  which  achieves  the  same  reduction  by  the 
same deadline. 

The new paragraph 4(1 )(d) follows from the combined approach, and adds to the aim 
of the Directive the  elimination  of water  pollution  by the pollutants  identified  under 
Article  21  and  in  the  existing  daughter  directives  of  Directive  76/464/EEC.  This 
elimination  provision  is  taken  over  from  Article  2  of  Directive  76/464/EEC  and  is 
essential to show that the Community's policy towards dangerous substances remains 
the same. 

The  amendment  to  paragraph  13(1)  takes  over  those  environmental  objectives  of 
Directive  76/464/EEC  not  already  incorporated.  There  are  three:  reduction  of 
pollution  by those  chemical  substances  not  scheduled  for  elimination  of  pollution;  a 
standstill in water quality as of the date of adoption of Directive 76/464/EEC; and the 
duty to ensure that the Directive is implemented  so as not to increase the pollution of 
marine water. 

The  amendment  to  paragraph  13(3)(f)  of  the  Proposal  takes  over  the  authorization 
provisions  of Directive  76/464/EEC,  but  allows  also  the  option  of  registration  based 
on  general  binding  rules,  which  have  been  used  in  many  Member  States  as  an 
administratively  more  convenient  mechanism  of  controlling  pollution  from  small 
installations  than  full  permits.  Member  States  must  ensure  the  control  of  all  other 
activities affecting  water status by authorization, registration or prior regulation. 

The new  paragraph  13(3)(h)  places  all the emission  limit  values  established  under  the 
daughter  Directives  of  76/464/EEC  into  the  basic  measures  of  this  Directive.  This  is 
logical,  as the  combined  approach  would  require  that  they  be  observed  as well  as  the 
quality  standards  from  those  Directives  which  are  already  applied  by  the  current 
Annex X  of  the  Water  Framework  Proposal.  As  with  the  quality  standards,  it  is  less 
than satisfactory  to transfer  these standards without  reconsidering them,  in this case in 
the light both of the amendments  proposed  here to the  criteria  for  control  setting, and 
of  the  developments  in  control  techniques  and  technology  since  their  adoption. 
However, 
in  the 
Explanatory  Memorandum  to  COM(97)  49 final, that  the  substances  covered  by  the 
daughter Directives shall be among the first to be reviewed  in the context of Article 21. 
Such consideration  shall of course include revision both of the quality standards and of 
the emission limit values. 

the  Commission  remains  committed 

its  intention,  stated 

to 

Annex IX (on the principles by which the Commission  will develop its strategies under 
Article  21)  is  superseded  by  the  new  draft  of  Article  21  itself,  and  Annex  X, 
which  becomes  Annex  IX,  is  simply  amended  to  ensure  that  the  terminology  in 
Directive  76/464/EEC 
the 
present Proposal. 

the  definitions  outlined 

is  read  according 

to 

in 

for 

the 

to  Article  26  make  arrangements 

repeal  of 
The  amendments 
Directive 76/464/EEC.  The  amendments  to  Article  21  of  the  Water  Framework 
Directive  take  over  the  provisions  of  Article  6  of  Directive  76/464/EEC  concerned 
with  establishing  the  basis  for  further  Community  level  action  on  dangerous 
substances.  This provision  can therefore  be repealed  at the  date  of entry  into  force  of 
the  Framework  Directive.  The  remainder  of  Directive  76/464/EEC s  provisions 
concern  the  requirement  to  authorize  discharges,  definitions  related  to  discharge 
control, and the establishment of programmes of measures for substances not  regulated 
at  EU  level.  These  will  be taken  over  by the  Water  Framework  Directive  by the  date 
on  which  the  programmes  of  measures  under  the  Directive  are  made  operational, 
i.e. by  31 December  2007.  Therefore,  the Directive  can  be  repealed  in  its  entirety  on 
that date. 

2.4 

Legal  basis 

None  of  the  amendments  proposed  affects  the  original  choice  of  legal  basis  of 
Article  130s(l)  of  the  Treaty.  The  measures  proposed  to  control  of  dangerous 
substance  emissions  at  source  aim  to  achieve  the  goal  set  out  in  Article  130r  of  the 
Treaty  of  a  high  level  of  protection  for  the  environment,  and  fall  clearly  within 
Article  130s(l). 

3. 

BUSINESS IMPACT ASSESSMENT 

These amendments take over into the Water Framework  Proposal  the framework for 
Community action on dangerous substances currently set out in Directive 76/464/EEC. 
No  additional  components  have  been  added,  and  no  costs  are  imposed  by  these 
provisions. The subsequent Proposals brought forward under this framework  would, as 
explained  above,  be  based  on  a  fiill  analysis  of  the  proportionality  of  the 
measures concerned.  , 

A particular concern in designing this framework for future  action has been the need to 
ensure a structure in which no unnecessary burdens or compliance costs are placed on 
industry,  and in particular  on small and medium enterprises.  Thus the analysis of the 
appropriate level and combination of controls shall take particular account of the effect 
of  differences  of  scale  in  the  costs  of  applying  a  measure.  Clearly,  where  for 
installations  below  a particular  size it  is evident  that  no  controls  can  be justified  as 
proportionate with regard to the reduction  achieved, thresholds would be introduced 
to exclude those installations from the scope of any action. 

Amendment to the 
Proposal for a 
COUNCIL  DIRECTIVE 

establishing a framework  for Community action 
in the field of water policy 
(COM(97) 49 final) 

Preamble 

1. 

The following  recital is inserted: 

"18a.  Whereas  the  precautionary  principle  and  the  principle  of  prevention  at 
source  require  that  pollution  through  the  discharge  of  various  dangerous 
substances be eliminated; whereas the Council  should,  on a Proposal  by the 
Commission,  agree  on  the  substances  to  be  considered  for  action  as  a 
priority;  whereas  the  Council  should,  on  Proposals  from  the  Commission, 
those 
adopt  measures  for  progressive  elimination  of  pollution  by 
the 
substances, 
cost-effectiveness  and proportionality of the available reduction options;" 

significant  sources 

into  account 

taking 

arid 

all 

2. 

The following  recital is added: 

"38.  Whereas  the  provisions  of  this  Directive  take  over  the  framework  for 
control  of  pollution  by  dangerous 
substances  established  under 
Council Directive  76/464/EEC*  on  pollution  caused  by certain  dangerous 
substances  discharged  into  the  aquatic  environment  of  the  Community; 
whereas that Directive should therefore be repealed from the date on which 
to  this  Directive 
the  programmes  of  measures  established  pursuant 
become operational; 

* 

OJ  L  129,  18.5.1976,  p.  23;  Directive  as  amended  by  Directive  91/692/EEC 

(OJL 377, 31.12.1991, p. 48'.)" 

3. 

Article  1  is replaced by the  following: 

"Article 1 

Purpose 
The  overall  purpose  of  this  Directive  is  to  establish  a  framework  for  the  protection  of 
Community waters which: 

(a) 

for  surface  fresh  water,  estuaries, coastal waters and  groundwater: 

(i) 

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

regard 

to 

(ii) 

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

(b) 

territorial  and  other  marine  water, 

for 
protection  established 
in  other  Community 
United Nations Convention on the Law of the Sea; 

incorporates 

the  requirements  for 
the 
and  under 

legislation 

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." 

1. 

Point  1  is replaced by the following: 

Article 2 

"1. 

"Surface  water"  means  surface  fresh  waters,  estuaries,  coastal  waters, 
territorial  waters  and  other  marine  waters.  However,  for  the  purposes  of 
definitions  17-20, the term  shall be  taken  as  excluding  both  territorial  and 
other  marine water,  and  for  the  purposes  of  definitions  21, 22  and  23, the 
term  shall  be  taken  as  excluding  other  marine  water.  For  the  purpose  of 
definitions  13  and  14  and  Article  4,  the  term  shall  be  taken  as  excluding 
other  marine  water,  and  including  territorial  water  only  as  regards 
chemical status." 

2. 

The following  points 5a and 5b are inserted: 

"5a. 

5b. 

"Territorial waters" means all waters designated  as such by Member  States 
pursuant to the United Nations Convention on the Law of the Sea which do 
not fall under points 2 to 5. 

"Marine  waters"  means  all  waters  designated  by  Member  States  as 
the 
falling  within 
United Nations Convention  on the Law  of the  Sea and which  do  not  come 
under points 2 to 5b." 

zone  pursuant 

economic 

exclusive 

their 

to 

3. 

In point 20, the first subparagraph is replaced by the following: 

"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.  The  achievement  of  good  ecological  status  shall  entail 
achievement  of  any  physico-chemical,  physical  and  biological  standards 
established  to  ensure  that  good  ecological  status  is obtained,  including  the 
environmental  quality  standards  established  under  point 
(d)(ii)  of 
Article  13(3)." 

K) 

4. 

Points 22 and 23 are replaced by the following: 

"22. 

23. 

"High  chemical  status"  means  the  chemical  status  achieved  by  a  body  of 
water  in  which  no  pollutants  are  present  at  levels  in  excess  of  natural 
background levels. 

"Good  chemical  status"  means  the  chemical  status  achieved  by  a  body  of 
water 
the 
in  which  concentrations  of  pollutants  do  not  exceed 
environmental  quality  standards  established  in  Annex  IX  and  under 
Article 21(6),  and  under  other  relevant  Community  legislation  setting 
environmental quality standards, and in which the trends in monitoring  data 
do  not  suggest  that  such  environmental  quality  standards  will be  exceeded 
in the  future." 

5. 

Point 27 is replacded by the following: 

"27. 

"Pollutant"  means  any  substance  liable  to  cause  pollution,  in  particular 
those listed in Annex VIII." 

6. 

In point  30, the second  subparagraph is replaced by the following: 

"For the purposes of this Directive, environmental quality standards are established 
at  a  Community  level  in  Annex  IX  and  pursuant  to  Article  21(6).  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,  under 
Article  13(3)(d) in respect  of waters failing  to  achieve good  ecological  status, and 
under  Article  21(6)  in  respect  of  priority  substances  for  which  no  Community 
standards  have  yet  been  set.  All  these  environmental  quality  standards  shall  be 
regarded  as  environmental  quality  standards  for  the  purposes  of  point  7  of 
Article 2 and Article  10 of Directive 96/61/EC" 

7. 

The following  points 36 and 37 are added: 

"36. 

"Emission  limit  values"  means  the  mass,  expressed  in  terms  of  certain 
specific  parameters,  concentration  and/or  level  of  an  emission,  which  may 
not  be  exceeded  during  any  one  or  more  periods  of  time.  Emission  limit 
values  may  also be  laid  down  for  certain  groups,  families  or  categories  of 
substances, in particular for those identified  under Article 21". 

The  emission  limit  values  for  substances  shall  normally  apply  at  the  point 
where the emissions leave the installation,  dilution  being  disregarded  when 
determining them. With regard to  indirect  releases  into water,  the  effect  of 
a waste water treatment  plant may be taken  into account  when  determining 
the  emission  limit  values  of  the  installations  involved,  provided  that  an 
equivalent  level is guaranteed  for  protection  of the environment  as a whole 
and  provided  that  this  does  not  lead  to  higher  levels  of  pollution  in 
the environment. 

11 

37. 

An  "equivalent  control  to  an  emission  limit  value"  means  another  control 
which  ensures that  the  reduction  required  by this Directive  is achieved  by 
the deadline set by this. Directive." 

Paragraph A is replaced by the following: 

Article 3 

"1.  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, territorial and other marine waters shall be assigned to the nearest 
or most  appropriate River Basin District.  However,  without  prejudice  to  point  (e) 
of  Article  4(1),  obligations  in respect  of River  Basin  Districts  shall  only  apply  to 
territorial  and other marine waters in so far  as those obligations are already set out 
in other Community legislation." 

In paragraph  1, points (d) and (e) are added: 

Article 4 

"(d) 

eliminate pollution  of the waters by certain  pollutants in accordance with point  (h) 
of Article  13(3). 

(e) 

comply  with  all  requirements  in  other  Community  legislation  for  territorial  and 
other  marine  waters,  and  take  all  measures  consistent  with  international  law 
necessary to prevent,  reduce and control pollution of the marine environment  from 
any  source,  using for  this purpose  the best  practicable  means at their  disposal  and 
in accordance with their capabilities." 

1. 

Paragraph  1  is replaced by the following: 

Article 13 

"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 
these  programmes, 
Article  16. 
Member States  shall  adhere  to  the  environmental  results required  pursuant 
to Directive 76/464/EEC." 

In  drawing  up  and  carrying  out 

12 

2. 

In paragraph  3, point (a), the second  subparagraph  is replaced by the following. 

"For basic measures covering elimination  of pollutants,  a combined  approach  shall 
be  applied,  using  control  of  pollution  at  source  through  the  setting  of  emission 
limit  values  or  equivalent  controls  and  the  setting  of  environmental  quality 
standards for the pollutants  concerned." 

3. 

In paragraph 3, point (d) is replaced by the following: 

"(d) 

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

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

within the body of water; 

(ii) 

identified,  designed 

establishment  of  environmental  quality  standards  for  the  pollutants 
thus 
set 
to  ensure 
under  Article  4  in  respect  of  ecological  status  is  achieved  by 
31 December  2010.  These  standards  must  be  at  least  as  stringent  as 
the  standards  established  in  Annex  IX  or  under  Article  21(6)  or  in 
other relevant Community legislation; 

the  objective 

that 

(iii) 

investigation of the source of pollution; and 

(iv) 

immediate review of all relevant  authorizations  and  discharge  permits 
followed  by action on the basis of the level of risk  involved;" 

4. 

In paragraph 3, point (f) is replaced by the following: 

"(f) 

a  requirement  for  prior  authorization,  or  registration  based  on  general 
binding  rules,  of  all  process  discharges  liable  to  contain  significant 
quantities of any pollutant,  in particular those listed  in Annex VIII,  and  for 
prior  authorization,  prior  regulation  or  registration  based  on  general 
binding  rules  of  all  other  activities  or  groups  of  activities  having  a 
potentially  significant  adverse  impact  upon the  status  of water,  where  such 
prior  authorization,  regulation  or  registration  is not  otherwise  provided  for 
under  other  Community  legislation.  The  provisions  of  the  authorization, 
regulation  or  general  binding  rules  shall  be  such  as  to  ensure  that  the 
obligations  of this  Directive  are  satisfied.  The  authorization,  regulation  or 
general  binding  rules  shall  be  periodically  reconsidered  and,  where 
necessary, updated.  For process discharges, the authorization or the general 
binding rules shall lay down emission limit values or  equivalent  controls  for 
the pollutants  concerned." 

13 

5. 

In paragraph  3, the following  points (h) and (i) are added: 

"(h) 

the  emission  limit  values  or  equivalent  controls  and  the  quality  standards 
set  out  in  the  Directives  listed  in  Annex  IX  and  the  measures  adopted 
pursuant  to  Article  21.  Unless  otherwise  required  by  the  Directives 
themselves,  the  emission  limit  values  set  out  in  the  Directives  listed  in 
Annex  IX must  be  complied  with by the  date on  which the  programme  of 
measures is made operational, namely by 31 December 2007. 

(i) 

such  measures  as  are  required  to  fulfil  the  obligations  for  territorial  and 
other marine waters in point (e) of Article 4(1)." 

6. 

Paragraph 4 is replaced by the following: 

"4. 

"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  whichever 
supplementary  measures are considered necessary  in order to  achieve those 
objectives, 
the 
environmental  quality  standards  established  under  point 
(d)(ii)  of 
paragraph 3, notably in relation to sustainable water consumption. Part B of 
Annex VT contains a non-exclusive list of supplementary measures." 

those  considered  necessary 

to  achieve 

including 

Article 21 is replaced by the following: 

"Article 21 

Strategies against pollution  of water 

1. 

2. 

The  Council  shall  adopt  specific  control  measures  against  pollution  of  water  by 
individual  pollutants  or  groups  of  pollutants  presenting  an  unacceptable  risk  to 
the environment. 

The Commission shall submit a Proposal setting out a first priority list of substances by 
31 December  1998. Substances shall be prioritized for action on the basis of risk to or 
via the aquatic environment, identified by 

(a) 

risk assessment carried out under Council Regulation (EEC) No 793/93*; or 

(b) 

targeted  risk  assessment  (following  the  methodology  of  Regulation  (EEC) 
No 793/93)  focusing  solely on  aquatic  ecotoxicity  and  on  human  toxicity via 
the aquatic environment; 

or, where this proves impracticable within the timescale 

14 

(c) 

a simplified risk assessment procedure taking particular account  of: 

(i) 

(ii) 

(iii) 

evidence regarding the intrinsic hazard of the substance concerned, and 
in  particular  its  aquatic  ecotoxicity  and  human  toxicity  via  aquatic 
exposure routes; and 

evidence from monitoring of widespread  environmental  contamination; 
and 

other proven factors  which  may indicate the  possibility  of widespread 
environmental contamination,  such as production or use volume of the 
substance concerned, and use patterns. 

3. 

4. 

5. 

The  Commission  shall  review  the  priority  list  by  31  December  2004,  and  every 
six years thereafter,  and come forward with proposals as appropriate. 

In preparing its Proposal, the Commission shall take account of recommendations from 
the  Scientific  Committee  for  toxicity  and  ecotoxicity  of  chemical  compounds, 
Member States,  the  European  Parliament,  the  European  Environment  Agency, 
Community research programmes, international organizations to which the Community 
is  a  party,  European  business  organizations  including  those  representing  SMEs, 
European environmental organizations, and of other relevant information  which comes 
to its attention. 

Where  the  substances  on  the  priority  list  are  not  included  in  Annex  VIII  to  this 
Directive or in Annex HI to Directive 96/61/EC, they shall be added thereto. 

For  the  substances  on  the  priority  list,  the  Commission  shall  submit  Proposals  for 
controls on the principal sources of the emissions concerned.  In doing  so it shall take 
account  of  both  product  sources  and  process  sources  and  shall  identify  the 
cost-effective  and proportionate combination of controls. Where appropriate,  action at 
Community level for process controls may be established on a sector-by-sector basis. 

For process sources not controlled under Directive 96/61/EC, process controls shall be 
emission  limit values  or  equivalent  controls  based  on  the  Best  Available  Techniques. 
For  installations  controlled  under Directive  96/61/EC,  the  Commission  shall  consider 
the need for further controls, including action under Article 18 of that Directive. 

Product controls may include: 

(a) 

review 

a 
of 
Council  Directive  91/414/EEC** 
Council Directive [Biocides]*** 

the 

relevant 

authorizations 
European 

issued 
Parliament 

under 
and 

and 

(b) 

the  adoption  of  measures  under  Council  Directive  76/769/EEC****  or 
Council Regulation (EEC) No 2455/92***** 

15 

(c) 

the adoption of measures under Council Regulation  (EEC) No 880/92****** 

(d) 

the adoption of other appropriate measures. 

Each proposal for controls shall specify arrangements for their review and updating. 

6. 

7. 

The  Commission  shall  submit  Proposals  for  quality  standards  applicable  to  the 
concentrations of the priority substances in water, sediments or biota. In the absence of 
such  standards  established  at  Community  level,  Member  States  shall  establish  in  the 
river  basin management  plan environmental quality standards for  these  substances  for 
all waters affected  by discharges of those substances. 

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

OJL 84, 5.4.1993, p. 1. 
* 
OJL 230,  19.8.1991, p. 1. 
** 
Common Position (EC) No  10/97 (OJ C 69, 5.3.1997, p. 13). 
*** 
OJL262, 22.9.1976, p. 201. 
**** 
***** 
OJL 251, 29.8.1992, p. 13. 
******  OJL 99, 11.4.1992, p. 1." 

The following paragraph 3 is added: 

Article 23 

"3. 

The Commission shall review the obligations of this Directive with regard to territorial 
and other marine waters by 31 December 2001 and at least every six years thereafter, in 
the light  of  scientific  developments,  with  a view to  the  further  integration  within  the 
scope  of  this  Directive  of  the  management  of  those  waters.  The  Commission  shall 
submit a report on its review to Council and to the European Parliament  accompanied 
by any amendments to this Directive that it considers necessary." 

The following indent is added: 

Article 26 

Directive  76/464/EEC,  with  the  exception  of  Article  6,  which  shall  be  deleted  with 
effect from the entry into force of this Directive." 

16 

is deleted. 

becomes ANNEX IX. 

ANNEX IX 

ANNEX X 

The title and introductory wording are replaced by the following: 

"Emission limit values and environmental quality standards 

The "limit  values" and  "quality  objectives"  established  under  the  daughter  Directives  of 
the  Dangerous  Substances  Directive  (76/464/EEC)  shall  be  considered  emission 
limit values  and  environmental  quality  standards,  respectively,  for  the  purposes  of  this 
Directive. They are established in the following Directives:" 

Done at Brussels, 

For the Council 
The President 

17 

ISSN  0254-1475 

COM(97) 614  final 

DOCUMENTS 

EN 

14  15  05 

Catalogue  number  :  CB-CO-97-634-EN-C 

ISBN  92-78-27750-9 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg 

AH-