Amended proposal for a European Parliament and Council Directive establishing a framework for Community action in the field of water policy (COM(97) 49 final)
Date: 1999-06-17
Institutions: European Commission
Subjects: EU law, environmental policy, environmental protection, water management

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II

(Preparatory Acts)

COMMISSION

Amended proposal for a European Parliament and Council Directive establishing a framework for
Community action in the field of water policy (COM(97) 49 final) (1)

(1999/C 342 E/01)

(Text with EEA relevance)

COM(1999) 271 final (cid:151) 97/0067(COD)

(Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 18 June 1999)

(1) OJ C 184, 17.6.1997, p. 20.

ORIGINAL PROPOSAL

AMENDED PROPOSAL

Recital 2(a) (new)

Whereas protection of water status will contribute towards
securing the drinking water supply for the population;

Recital 5(a) (new)

Whereas on 29 May 1995 the Commission adopted a
Communication to the Council and the European Parliament
on the Wise use and Conservation of Wetlands which
recognised the important
the
protection of water resources;

they perform for

functions

Recital 11(a) (new)

Whereas any effective and coherent water policy must take
account of
the vulnerability of aquatic ecosystems located
near coasts or estuaries or in gulfs or relatively closed seas,
as their equilibrium is strongly influenced by the quality of the
river basin water flowing into them;

Recital XX (new)

Whereas the Community and the Member States are party to
various international agreements containing important obli-
gations on the protection of marine waters from pollution,
in
Barcelona
the HELCOM, OSPAR,
Conventions; Whereas this Directive will make a contribution
towards enabling the Community and the Member States to
meet those obligations;

particular

and

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ORIGINAL PROPOSAL

AMENDED PROPOSAL

Recital 13(a) (new)

Whereas action for protection of water status within river
basins will provide
contributing
towards the protection of fish populations,
including coastal
fish populations;

economic benefits by

Recital 18(a)

Whereas the precautionary principle and the principle of
prevention at
source require that pollution through the
discharge of various dangerous substances must 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, adopt measures for progressive elimination of
all
pollution by those
significant
sources and the cost-effectiveness and propor-
tionality of the available reduction options;

taking into account

substances,

Whereas the enhanced protection of the aquatic environment
requires the progressive reduction of emissions and discharges
of hazardous substances, and the prevention of
losses by
leakage and accidental pollution of those substances, prioritised
on the basis of their risk to or via the aquatic environment;
whereas this will contribute to the target of cessation of
emissions, discharges and losses, and the ultimate aim of
concentrations in the marine environment near background
values for naturally-occurring substances and close to zero
for man-made synthetic substances; whereas the Council and
the European Parliament
should, on a proposal by the
Commission, agree on the substances to be considered for
action as a priority; whereas the Council and the European
Parliament should, on proposals from the Commission, adopt
measures
those
substances, taking into account all sources;

for progressive reduction of emissions of

Recital 19

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

States’

efforts

to improve

in terms of quantity and quality,

Whereas common principles are needed in order to co-ordinate
the protection of
Member
Community waters
to
promote sustainable water use, to contribute to the control
to protect aquatic
of
ecosystems, and terrestrial ecosystems and wetlands directly
depending on them, and to safeguard and develop the
potential uses of Community waters

transboundary pollution problems,

Recital 19(a) (new)

Whereas it is necessary to develop an integrated Community
policy on water;

Recital 20

Whereas common definitions of the status of water in terms of
quality and quantity should be established; whereas environ-
mental objectives should be set to ensure that good status of
surface water and groundwater is achieved at Community level;

Whereas common definitions of the status of water in terms of
quality and quantity should be established; whereas environ-
mental objectives should be set to ensure that good status of
surface water and groundwater is achieved throughout
the
Community and that deterioration in the status of waters is
avoided at Community level;

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ORIGINAL PROPOSAL

AMENDED PROPOSAL

Recital 29

in particular,

Whereas further integration of sustainable water management
into other Community policy areas and,
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
therefore bring an important contribution to
Directive will
implementing the main principles and objectives of
the
European Spatial Development Perspective (ESDP);

in particular,

Whereas further integration of sustainable water management
into other Community policy areas and,
into
regional policy, and fisheries policy is
agriculture policy,
necessary; whereas the proposal
for a European Parliament
and Council Decision on an action programme for integrated
groundwater protection and management (COM(96) 315 of 10
July 1996) makes a significant contribution in this area;
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 Devel-
opment Perspective (ESDP);

Recital 30(a) (new)

to prevent

Whereas there may be grounds for exemptions from the
further deterioration or to achieve
requirement
the failure is the
good status, under specific conditions,
result of unforeseen or exceptional circumstances, in particular
floods and droughts;

if

Recital X (new)

Whereas Community measures to protect human health from
the adverse effects of ionising radiation from anthropogenic
sources, in accordance with the Euratom Treaty, afford some
protection for the environment; Whereas it is acknowledged
that
the
further measures are required to fully protect
environment, in accordance with the overall objectives of this
Directive;

Recital 35

Whereas the Commission should present annually an updated
plan for possible future initiatives which it
is planning or
considering for the water sector;

Whereas the Commission should publish annually an updated
plan for possible future initiatives which it
is planning or
considering for the water sector;

Recital 37(b) (new)

Whereas sustainable development requires that the principle of
sound water policy is not sacrificed to the promotion of the
economic development of a region;

Article 1

Purpose

The overall purpose of
framework for the protection of Community waters which:

this Directive is

to establish a

(a) for

surface fresh water, estuaries, coastal waters and

groundwater:

(i) prevents

further

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

deterioration

protects

and

The overall purpose of
to establish a
framework for the protection of inland surface water, transi-
tional waters, coastal waters and groundwater which:

this Directive is

(a) Prevents further deterioration and protects and enhances
the status of aquatic ecosystems and, with regard to their
water needs, terrestrial ecosystems directly depending on
the aquatic ecosystems;

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ORIGINAL PROPOSAL

AMENDED PROPOSAL

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

(b) for territorial and other marine water,

requirements
for
Community legislation and under
Convention on the Law of the Sea;

protection

established

incorporates the
in
other
the United Nations

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.

(b) promotes sustainable water use based on a long term

protection of available water resources;

(bb) aims at enhanced protection of the aquatic environment
through specific measures for the progressive reduction of
emissions of hazardous substances based on prioritisation
of those of greatest concern;

(c) contributes to mitigating the effects of floods and droughts;

and thereby contributes to:

(cid:151) The provision of

the sufficient supply of good quality
surface water and groundwater as needed for sustainable,
balanced and equitable water use;

(cid:151) the protection of territorial and marine waters; and

(cid:151) achieving

the
agreements; and

objectives

of

relevant

international

(cid:151) the phasing out of emissions and discharges of hazardous
substances, and the prevention of
losses by leakage and
accidental pollution of those substances, and the ultimate
aim of concentrations in the marine environment near
background values for naturally occurring substances and
close to zero for man-made synthetic substances.

Article 2(7)(a) (new)

(cid:145)Aquifer(cid:146) means a subsurface layer or layers of rock or other
geological strata of sufficient porosity and permeability to
allow either
the
abstraction of significant quantities of groundwater.

flow of groundwater or

significant

a

Article 2(7)(b) (new)

(cid:145)Body of groundwater(cid:146) means a distinct volume of groundwater
within an aquifer or aquifers.

Article 2(17)

Ecological status is an expression of the quality of the structure
and functioning of aquatic ecosystems associated with surface
waters, classified in accordance with Annex V.

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ORIGINAL PROPOSAL

AMENDED PROPOSAL

Article 2(23)

(cid:145)Good chemical status(cid:146) means the chemical status achieved by a
body of water in which concentrations of pollutants do not
exceed the 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.

(cid:145)Good surface water chemical status(cid:146) means the chemical status
achieved by a body of surface water in which concentrations of
pollutants do not exceed the environmental quality standards
established in Annex IX and under Article 21(6), and under
other relevant Community legislation setting environmental
quality standards at Community level.

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

surface waters

environmental

objectives

for

Article 2(23)(a) (new)

(cid:145)Good groundwater chemical status(cid:146)
table 2.3.2 of Annex V.

is the status defined in

Article 2(24)

(cid:145)Quantitative status(cid:146) 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.

(cid:145)Quantitative status(cid:146) is an expression of the degree to which a
is affected by direct and indirect
body of groundwater
abstractions.

Article 2(24)(a) (new)

(cid:145)Available groundwater resource(cid:146) means the long term annual
average rate of overall recharge of the body of groundwater less
the long term annual average rate of flow required to achieve
the ecological quality objectives for associated surface waters
specified under Article 4, to avoid any significant diminution in
the ecological status of such waters and to avoid any significant
damage to associated terrestrial ecosystems.

Article 2(26)

status(cid:146) means

the quantitative

status
(cid:145)Good quantitative
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.

(cid:145)Good quantitative status(cid:146) is the status defined in table 2.2.2 of
Annex V.

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

Article 4(1)(a)

(a) 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;

(a) (cid:151) preventing deterioration in status of surface waters and

(cid:151) restoring surface waters with the aim of achieving good

surface water status by 31 December 2010; and

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ORIGINAL PROPOSAL

AMENDED PROPOSAL

(cid:151) improving heavily-modified and artificial water bodies,
as designated under Annex II section 1.6, with the aim
of achieving good ecological potential and good surface
water chemical status by 31 December 2010,

in all bodies of surface water,
in accordance with the
provisions laid down in Annex V, subject to the application
of paragraphs 4, 5 and 6 and without prejudice to the
relevant international agreements referred to in Article 1
for the parties concerned;

Article 4(1)(b)

(b) prevent deterioration of groundwater quality,

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

in order

(b) (cid:151) preventing deterioration of groundwater status,

(cid:151) restoring bodies of groundwater and ensuring a balance
between abstraction and recharge of groundwater with
the aim of achieving good groundwater status in all
in
bodies of groundwater, by 31 December 2010,
accordance with the provisions laid down in Annex V,
and

(cid:151) reversing any significant and sustained upward trend in
the concentration of any pollutant resulting from the
impact of human activity in order to progressively
reduce pollution,
thereby contributing to a state of
insignificantly anthropogenically polluted groundwater,

and subject to the application of paragraphs 4, 5 and 6;

Article 4(1)(cc) (new)

(cc) the progressive reduction of emissions to surface water of
specified in the priority list agreed
those substances
pursuant to Article 21(2), and of those substances which
would otherwise prevent the achievement of the above
objectives in accordance with Article 13(3)(gg);

Article 4(2a) (new)

2a. When applying paragraphs 3, 4, 5 and 6 hereafter,
the application does not
Member States shall ensure that
compromise
this
achievement of
Directive in other bodies of water within the same River
Basin District, and is consistent with the implementation of
other Community environmental legislation.

the objectives of

the

Article 4(4)(a)

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

(a) Member States determine that

the body of water is so
affected by past human activity or its natural condition is
such that
improvements in status will be infeasible or
disproportionately expensive;

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ORIGINAL PROPOSAL

AMENDED PROPOSAL

Article 4(4)(b)

(b) the environmental objectives are established so as to ensure
to
no further deterioration in status
compromise the achievement of
this
Directive in other bodies of water within the same River
Basin District;

in order not
the objectives of

(b) such less stringent environmental objectives are established
at a level which represents a water status no more than
slightly below the highest which could be achieved given
the unavoidable impact of the human activity.

Article 4(4)(d)

(d) such less stringent objectives are established in a way which
existing

implementation of

the

does not undermine
Community legislation;

Deleted

Article 4(5) (new)

5.
Deterioration in the status of bodies of water shall not be
in breach of the requirements of this Directive if this is the
result of unforeseen or exceptional circumstances, in particular
floods and droughts, when all of the following conditions have
been met:

(a) all practicable steps are taken with the aim of preventing
to
further deterioration in status and in order not
compromise the achievement of
this
the objectives of
Directive in other bodies of water not affected by those
circumstances;

(b) the conditions under which such unforeseen or exceptional
circumstances may be declared, including the adoption of
the appropriate indicators, are stated in the River Basin
Management Plan:

(c) the measures to be taken under such exceptional circum-
stances are included in the programme of measures and
will not compromise the recovery of the quality of the
body of water once the circumstances are over;

(d) the effects of the unforeseen or exceptional circumstances
are reviewed annually and, for situations other than floods
and droughts, any practicable measures are taken with the
aim of restoring the body of water to its status prior to the
effects of those circumstances as soon as reasonably prac-
ticable; and

(e) a summary of the effects of the circumstances and of the
measures
to be taken in accordance with
paragraphs (a) and (b) above are included in the next
update of the River Basin Management Plan.

taken or

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ORIGINAL PROPOSAL

AMENDED PROPOSAL

Article 4(6) (new)

Failure

status, good
to achieve good groundwater
6.
ecological status or, where relevant, good ecological potential
or to prevent deterioration in the status of a body of surface
water or groundwater shall not be in breach of this Directive
where this is the result of new modifications to the physical
characteristics of a surface water body or alterations to the level
of bodies of groundwater where Member States determine that
there are reasons of overriding public interest for making these
modifications or alterations especially for human safety, the
protection of human health, environmental protection or envi-
following
ronmentally
conditions are met:

sustainable development,

and the

(a) all practicable steps are taken to mitigate the adverse
impact of the modifications on the status of the body of
water;

(b) alternatives to the modifications have been fully inves-
tigated and assessed and the modifications are judged in
the circumstances to be the best environmental option;

(c) the reasons for the modifications, and the investigation of
alternatives and the revised objectives for the modified
water body are specifically set out and explained in the
River Basin Management Plan required under Article 16
and the revised objectives and the need for the modifi-
cations are reviewed every 6 years.

Article 5

Characteristics of the River Basin District

Characteristics of the River Basin District, review of the
environmental impact of human activity and Economic
Analysis of water use

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

1.
Each Member State shall ensure that for each River Basin
District or for the portion of an international River Basin
District falling within its territory:

(cid:151) an analysis of its characteristics,

(cid:151) a review of the impact of human activity on the status of

surface waters and on groundwater; and

(cid:151) an economic analysis of water use is undertaken according
to the technical specifications set out in Annexes II and IIIa
and that it is completed by 31 December 2001;

(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 auth-
orities at national and Community level.

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ORIGINAL PROPOSAL

AMENDED PROPOSAL

The technical specifications of Annex II shall,

2.
for the
purpose of the analysis, be adopted by the Commission by
in accordance with the
the latest,
31 December 1999 at
procedure laid down in Article 25. The technical specifications
shall replace the current Annex II.

The analyses shall be reviewed, and if necessary updated

3.
by 31 December 2007 and every six years thereafter.

2.
The analyses and reviews mentioned under paragraph 1
shall be reviewed, and if necessary updated by 31 December
2007 and every six years thereafter.

Review of the environmental impact of human activity

Deleted

Article 6

for each River Basin
1. Member States shall ensure that,
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 III.

The review shall be updated by 31 December 2007 and

3.
every six years thereafter.

Economic analysis of water use within the River Basin
District

Deleted

Article 7

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

inter alia,

it

(a) the abstraction and distribution of fresh water;

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ORIGINAL PROPOSAL

AMENDED PROPOSAL

(b) the collection and discharge of waste water;

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

(d) the breakdown of the data collected under points (a), (b)
the economic
industry

and (c) according to different sectors of
activity, broken down at least into households,
and agriculture;

(e) long-term forecasts of supply and demand;

(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
the previous six years and
scenarios, covering, at least,
projections for the following twelve years;

The technical specifications of Annex II shall,

2.
for the
purpose of the analysis, be adopted by the Commission by
in accordance with the
the latest,
31 December 1999 at
procedure laid down in Article 25. The technical specifications
shall replace the current Annex II.

The economic analyses shall be updated by 31 December

3.
2007 and every six years thereafter.

Article 8(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 legis-
lation,
the requirements of
Directive 80/778/EEC.

the resulting water will meet

this Directive,

For each body of water identified under paragraph 1,
in
addition to meeting the objectives of Article 4 in accordance
for surface water
with the requirements of
bodies
at
established
including
Community level under Article 21, Member States
shall
ensure that under the water treatment regime applied, and in
accordance with Community legislation,
the resulting water
the requirements of Directive 80/778/EEC as
will meet
abrogated by Directive 98/83/EEC.

standards

quality

the

Article 10(1)

the

shall

States

ensure

1. Member
establishment of
programmes for the monitoring of water status in order to
establish a coherent and comprehensive review of water
status within each River Basin District. For surface waters
the ecological
such programmes shall cover monitoring of
and chemical
such programmes
shall cover monitoring of
the chemical and quantitative
shall be operational by 31
status. These programmes
December 2001. Such monitoring shall cover the elements
listed in Annex V.

status. For groundwaters

the

shall

States

ensure

1. Member
establishment of
programmes for the monitoring of water status in order to
establish a coherent and comprehensive review of water
status
the
for each River Basin District, as well as
adjoining maritime areas into which the waters of the River
Basin District flow. For surface waters such programmes shall
cover quantitative monitoring of the volume and level or rate
For
of
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.

and chemical

ecological

and the

status.

flow,

for

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ORIGINAL PROPOSAL

AMENDED PROPOSAL

Article 10(2a) (new)

The technical specifications shall include the use of stan-
analysing and monitoring quality

2a.
dardised methods
recognised by all the Member States.

for

Article 12(1) a (new)

Member States shall take into account the principle of recovery
of environmental and resource costs of water use, with a view
to setting charges at a level which encourages the attainment of
the environmental objectives of this Directive.

Article 12a (new)

The combined approach for point and diffuse sources

1. Member States
relevant discharges
shall ensure that
subject to control as specified under paragraph 2 are controlled
according to the approach set out in this Article.

2. Member States shall ensure the establishment and/or
implementation of:

(a) the emission controls based on best available techniques; or

(b) the relevant emission limit values; or

(c) in the case of diffuse impacts the controls including, as

appropriate, best environmental practices;

set out in:

(cid:151) Directive 96/61/EC

(cid:151) Directive 91/271/EC

(cid:151) Directive 91/676/EC

(cid:151) the Directives adopted pursuant

to Article 21 of

this

Directive

(cid:151) the Directives listed in Annex IX

(cid:151) any other relevant Community legislation

at the latest by 31 December 2007, unless otherwise specified
in the legislation concerned.

3. Where a quality objective or quality standard, whether
established pursuant to this Directive, in the Directives listed
in Annex IX, or pursuant to any other Community legislation,
requires stricter conditions than those which would result from
the application of paragraph 2, more stringent emission
controls shall be set accordingly.

Article 13(3)(bb) (new)

(bb) any measures required to achieve the objectives set out in
accordance with Article 4 for bodies of surface water
designated as heavily modified or artificial;

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ORIGINAL PROPOSAL

AMENDED PROPOSAL

Article 13(3)(e)

(e) Controls over the abstraction of fresh surface water and
fresh
groundwater, and diversion and impoundment of
surface water,
including a register or registers of water
abstractions and a requirement of prior authorisation for
abstraction, diversion and impoundment. These controls
shall be periodically reviewed and, where necessary,
updated. Member States can exempt from these controls,
abstraction, diversion or impoundments, which have no
significant impact on water status;

(g) a prohibition on direct discharges into groundwater of the

substances listed in Annex VIII;

(g) a prohibition of direct discharges of pollutants
groundwater subject to the following provisions.

into

Article 13(3)(g)

Member States may authorise re-injection into the same
aquifer of water used for geothermal purposes.

They may also authorise, specifying the conditions for:

(cid:151) injection of water containing substances resulting from
the exploration and extraction operations of hydro-
carbons or mining activities, and injection of water
for technical reasons, into geological formations from
which hydrocarbons or other substances have been
formations which for
extracted or
natural reasons are permanently unsuitable for other
purposes. Such injections shall not contain substances
other than those resulting from the above operations;

into geological

(cid:151) re-injection of pumped groundwater from mines and
quarries or associated with the construction or main-
tenance of civil engineering works;

(cid:151) injection of natural gas and liquified petroleum gas
(LPG) for storage purposes into geological formations
which for natural reasons are permanently unsuitable
for other purposes;

for

storage purposes

(cid:151) injection of natural gas and liquified petroleum gas
(LPG)
into other geological
formations where there is an overriding need for
security of gas supply, and where the injection is such
as to prevent any present or future danger of deterio-
ration in the quality of any receiving groundwater;

(cid:151) construction, civil engineering and building works and
similar activities on or in the ground which come into
contact with groundwater;

(cid:151) discharges of small quantities of substances for scientific
purposes for characterisation, protection or remediation
of water bodies;

such discharges

provided
achievement of
for that body of groundwater.

the
the environmental objectives established

compromise

do not

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ORIGINAL PROPOSAL

AMENDED PROPOSAL

Member States may authorise artificial recharge or augmen-
tation of groundwater bodies. The water used may be
derived from any surface water or groundwater, provided
the source does not compromise the
that
achievement of
the environmental objectives established
for the source or the recharged or augmented body of
groundwater;

the use of

Article 13(3)(ia) (new)

(ia) Measures to achieve the environmental quality standards
established under Article 13(3)(d)(iii), notably in relation to
sustainable water consumption.

Article 13(4)

the objectives

(cid:145)Supplementary measures(cid:146) are those measures designed and
implemented in addition to the basic measures in order to
achieve
set out under Article 4. The
programme of measures shall include whichever supplementary
measures are considered necessary in order to achieve those
objectives, including those considered necessary to achieve the
under
environmental
subparagraph (d)(ii), notably in relation to sustainable water
consumption. Part B of Annex VI contains a non-exclusive
list of supplementary measures.

established

standards

quality

the objectives

(cid:145)Supplementary measures(cid:146) are those measures designed and
implemented in addition to the basic measures in order to
achieve
set out under Article 4. The
programme of measures shall include whichever supplementary
measures are considered necessary in order to achieve those
objectives. Part B of Annex VI contains a non-exclusive list of
supplementary measures.

River Basin Management Plans

River Basin Management Plans

Article 16

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
include the information detailed in
Management Plan shall
Annex VII.

River Basin Management Plans shall be published by 31

2.
December 2004.

River Basin Management Plans shall be reviewed and
3.
updated by 31 December 2010 and every six years thereafter.

States

1. Member
a River Basin
Management Plan is produced for each River Basin District
lying entirely within its territory.

ensure

shall

that

2.
In the case of an international River Basin District falling
entirely within the Community, Member States shall ensure
coordination with the aim of producing a single International
River Basin Management Plan. Where such an international
River Basin Management Plan is not produced, Member
States shall produce River Basin Management Plans covering
at least those parts of the international River Basin District
falling within their territory to achieve the objectives of this
Directive.

shall endeavour

In the case of an international River Basin District
3.
extending beyond the boundaries of the Community, Member
States
to produce a single River Basin
Management Plan, and, where this is not possible, the plan
shall at
the international River
Basin District lying within the territory of the Member State
concerned.

least cover the portion of

The River Basin Management Plan shall

4.
information detailed in Annex VII.

include the

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ORIGINAL PROPOSAL

AMENDED PROPOSAL

5.
River Basin Management Plans may be supplemented by
the production of more detailed programmes and management
plans for sub-basin, sector, issue, or water type, to deal with
Implementation of
particular aspects of water management.
these measures shall not exempt Member States from any of
their obligations under the rest of this Directive.

River Basin Management Plans shall be published at the

6.
latest by 31 December 2004.

River Basin Management Plans shall be reviewed and
7.
updated at the latest by 31 December 2010 and every six
years thereafter.

Article 17

Public information and consultation

Public information and consultation

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

the development of

1. Member States shall encourage the active involvement of
all interested parties in the implementation of this Directive, in
particular in the production, review and updating of the River
Basin Management Plans. Member States shall ensure that, for
each River Basin District, they publish and make available for
comments to the public, including users:

(a) a timetable and work programme for the production of the
plan, including a statement of the consultation measures to
be taken at least three years before the beginning of the
period to which the plan refers;

(b) an interim overview of the significant water management
issues identified in the river basin, at least two years before
the beginning of the period to which the plan refers;

(c) draft copies of the River Basin Management Plan, 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.

Interested parties

2.
to
shall have at
comment in writing on those documents in order to allow
active involvement and consultation.

six months

least

2. Member States
to
shall allow at
comment in writing on those documents in order to allow
active involvement and consultation.

six months

least

Paragraphs 1 and 2 shall apply equally to updated River

3.
Basin Management Plans.

Paragraphs 1 and 2 shall apply equally to updated River

3.
Basin Management Plans.

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ORIGINAL PROPOSAL

AMENDED PROPOSAL

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

Deleted

Article 18

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.

Undertaking any of

the planning activities shall not
2.
exempt Member States from any of their obligations under
the rest of this Directive.

Article 20(2a) (new)

Member States shall, within three years of the publication of
each River Basin Management Plan or update under Article 16,
submit an interim report describing progress in the implemen-
tation of the planned programme of measures.

Article 21(1)

1.
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.

and

emissions

discharges

The Council

reduction
substances

shall adopt
of
and the prevention of

specific measures on the
1.
of
progressive
hazardous
losses by
leakages and accidental pollution of hazardous substances
prioritised on the basis of their risk to or via the aquatic
environment,
the
following the procedures set
abstraction of drinking water,
out in paragraph 2. Such measures shall be adopted acting
on the proposals presented by the Commission under this
Article and in accordance with the procedures laid down in
the Treaty.

including such risks to waters used for

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ORIGINAL PROPOSAL

AMENDED PROPOSAL

Article 21(5)

For the substances on the priority list, the Commission
5.
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
combination of controls.
cost-effective and proportionate
for process
Where appropriate, action at Community level
controls may be established on a sector-by-sector basis.

For the substances on the priority list, the Commission
5.
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
combination of product
and proportionate
for process
controls and uniform emission limit values
controls. Where appropriate, actions at Community level for
process controls may be established on a sector-by-sector basis.

Article 21(6a) (new)

6a.
The Commission shall submit proposals, in accordance
with paragraphs 5 and 6, and at least for emission controls for
point sources and environmental quality standards within 2
years of
the substance concerned on the
priority list.

the inclusion of

21(6b) (new)

6b. When submitting proposals under paragraph 6a,
the
Commission shall, as far as possible, report on the reduction
of the load of emissions of hazardous substances to surface
water
In reporting on the
implementation of adopted proposals, the Commission shall
likewise report on the load reduction achieved.

that will be achieved thereby.

Commission Report

Commission Report

Article 22

1.
The Commission shall publish a report on the implemen-
tation of this Directive by 31 December 2006 and every six
years thereafter.

1.
The Commission shall publish a report on the implemen-
tation of this Directive by 31 December 2006 and every six
years thereafter, and shall submit it to the European Parliament
and to the Council.

2.

The report shall include the following:

2.

The report shall include the following:

(a) a review of progress in the implementation of the Directive;

(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;

(b) a review of the status of surface water and groundwater in
the Community undertaken in coordination with the
European Environment Agency;

(c) a comparative survey of the River Basin Management Plans
submitted in accordance with Article 20, including recom-
mendations for the improvement of future plans;

(c) a survey of the River Basin Management Plans submitted in
accordance with Article 20, including suggestions for the
improvement of future plans;

(d) a response to each of

to the
Commission made by competent authorities pursuant to
Article 15; and

the recommendations

(d) a summary of

the reports or
the response to each of
recommendations to the Commission made by Member
States pursuant to Article 15; and

(e) a summary of any strategies developed under Article 21.

(e) a summary of any proposals, control measures and

strategies developed under Article 21;

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ORIGINAL PROPOSAL

AMENDED PROPOSAL

(f) a summary of the responses to comments made by the
the Council on previous

and

European Parliament
implementation reports.

3.
The Commission shall also publish a report on progress
in implementation based on the summary reports that Member
States
to the
European Parliament and the Member States, at the latest 2
years after the dates referred to in Articles 5 and 10.

submit under Article 20.2, and submit

it

4.
The Commission shall, within three years of the publi-
cation of each Report under paragraph 1, publish an interim
report describing progress in implementation on the basis of
the interim reports of the Member States as mentioned in
Article 20(3). This
shall be submitted to the European
Parliament and to the Council.

5.
The Commission shall convene when appropriate in line
with the reporting cycle a conference of interested parties on
Community Water Policy from each of the Member States, to
comment on the Commission’s implementation reports and to
share experiences.

Participants should include representatives from the competent
authorities, the European Parliament, NGOs,
the social and
economic partners, consumer bodies, academics and other
experts.

Amendments to the Directive

Amendments to the Directive

Article 24(1)

Annexes I,

1.
scientific and technical progress
procedures laid down in Article 25.

III, V, VIII and IX may be adapted to
in accordance with the

II,

II,

Annexes I,

III, V, VIII and IX may be adapted to
1.
scientific and technical progress
in accordance with the
procedures laid down in Article 25 and modifications shall
be published in accordance with the procedures
and
timetable in Article 22.

Article 26

Repeals

Repeals

The following are repealed with effect from 31 December

1.
2007:

The following are repealed with effect from 31 December

1.
2001:

(cid:151) Directive 75/440/EEC;

(cid:151) Decision 77/795/EEC;

(cid:151) Directive 78/659/EEC;

(cid:151) Directive 79/869/EEC;

(cid:151) Directive 79/923/EEC;

(cid:151) Directive 80/68/EEC; and

(cid:151) Directive 76/464/EEC, with the exception of Article 6,
from the entry into

which shall be deleted with effect
force of this Directive.

(cid:151) Decision 77/795/EEC;

(cid:151) Directive 79/869/EEC;

(cid:151) Directive 75/440/EEC.

The following are repealed with effect from 31 December

2.
2007:

(cid:151) Directive 78/659/EEC;

(cid:151) Directive 79/923/EEC;

(cid:151) Directive 80/68/EEC; and

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ORIGINAL PROPOSAL

AMENDED PROPOSAL

(cid:151) Directive 76/464/EEC, with the exception of Article 6,
from the entry into

which shall be deleted with effect
force of this Directive.

The following transitional provisions will apply for

3.
Directive 76/464/EEC:

(a) the priority list adopted under Article 21 shall replace the
list of substances prioritised in the Commission Communi-
cation to the Council of 22 June 1982;

(b) for the purposes of Article 7 of Directive 76/464/EEC,
Member States may apply the principles for the identifi-
cation of pollution problems and the substances causing
them,
the establishment of quality standards, and the
adoption of measures, laid down in this Directive.

4.
The environmental objectives in Article 4 and environ-
mental quality standards established in Annex IX and pursuant
to Article 21(6), and by Member States under Annex V for
substances not on the priority list and under Article 21(6a)
in respect of priority substances
for which Community
standards have not been set, shall be regarded as environmental
quality standards for the purposes of point 7 of Article 2 and
Article 10 of Directive 96/61/EC.

5. Where a substance on the priority list adopted under
Article 21 is not included in Annex VIII to this Directive or
in Annex III to Directive 96/61/EC, it shall be added thereto.

For bodies of surface water, environmental objectives
6.
established under
the first River Basin Management Plan
required by this Directive shall, as a minimum, give effect to
least as stringent as those required to
quality standards at
implement Directive 76/464/EEC.

Annex II is replaced by the following:

(cid:145)ANNEX II

1. SURFACE WATERS

1.1. Characterisation of surface water body types

Member States shall identify the location and boundaries of bodies of surface water and shall carry out an initial
characterisation of all such bodies in accordance with the following methodology. Member States may group surface
water bodies together for the purposes of this initial characterisation.

(i) The surface water bodies within the river basin district shall be identified as falling within either one of the
following surface water categories (cid:151) rivers, lakes, transitional waters or coastal waters (cid:151) or as artificial surface
water bodies or heavily modified surface water bodies;

(ii) For each surface water category,

the relevant surface water bodies within the river basin district shall be
discriminated into types. These types are the aquatic areas which are defined using either (cid:147)system A(cid:148) or (cid:147)system
B(cid:148) identified in section 1.2 below;

(iii) If system A is used, the surface water bodies within the river basin district shall first be discriminated into the
relevant ecoregions in accordance with the geographical areas identified in section 1.2 below and shown on the
relevant map at Annex X. The water bodies within each ecoregion shall then be discriminated into surface water
body types according to the descriptors set out in the tables for system A;

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(iv) If System B is used, Member States must achieve at least the same degree of discrimination as would be achieved
using System A. Accordingly, the surface water bodies within the river basin district shall be discriminated into
types using the values for the obligatory descriptors and such optional descriptors, or combinations of descriptors,
as are required to ensure that type specific biological reference conditions can be reliably derived;

(v) For artificial and heavily modified surface water bodies the discrimination shall be undertaken in accordance with
the descriptors for whichever of the surface water categories most closely resembles the heavily modified or
artificial water body concerned;

(vi) Member States shall submit to the Commission a map or maps (in a GIS format) of the geographical location of the

types consistent with the degree of discrimination required under system A.

1.2. Ecoregions and surface water body types

1.2.1. Rivers

Ecoregion

Type

SYSTEM A

Fixed Typology

Descriptors

Ecoregions shown on map A in Annex X

Altitude typology:

(cid:151) High > 800 m

(cid:151) Mid-altitude 200 to 800 m

(cid:151) Lowland < 200 m

Size typology based on catchment area:

(cid:151) Small 10-100 km2

(cid:151) Medium 100 to 1 000 km2

(cid:151) Large 1 000 to 10 000 km2

(cid:151) Very large > 10 000 km2

Geology

(cid:151) Calcareous

(cid:151) Siliceous

(cid:151) Organic

SYSTEM B

Alternative characterisation

Obligatory factors

Physical and chemical factors that determine the characteristics of the
river or part of the river and hence the biological population structure
and composition

Altitude

Latitude

Longitude

Geology

Size

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Optional factors

Distance from river source

Energy of flow (function of flow and slope)

Mean water width

Mean water depth

Mean water slope

Form and shape of main river bed

River discharge (flow) category

Valley shape

Transport of solids

Acid neutralising capacity

Mean substratum composition

Chloride

Air temperature range

Mean air temperature

Precipitation

1.2.2. Lakes

Ecoregion

Type

SYSTEM A

Fixed Typology

Descriptors

Ecoregions shown on map A in Annex X

Altitude typology:

(cid:151) High > 800 m

(cid:151) Mid-altitude 200 to 800 m

(cid:151) Lowland < 200 m

Depth typology based on mean depth:

< 3 m,

> 3 to 15 m,

> 15 m

Size typology based on surface area:
0,5 to 1 km2
> 1 to 10 km2
> 10 to 100 km2
> 100 km2

Geology:

(cid:151) Calcareous

(cid:151) Siliceous

(cid:151) Organic

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SYSTEM B

Alternative Characterisation

Physical and chemical factors that determine the characteristics of the
lake and hence the biological population structure and composition

Obligatory factors

Optional factors

1.2.3. Transitional waters

Altitude

Latitude

Longitude

Depth

Geology

Size

Mean water depth

Lake shape

Residence time

Mean air temperature

Air temperature range

Mixing characteristics (e.g. monomictic, dimictic, polymictic)

Acid neutralising capacity

Background nutrient status

Mean substratum composition

Water level fluctuation

SYSTEM A

Fixed Typology

Descriptors

Ecoregion

The following as identified on map B in Annex X:

(cid:151) Baltic Sea

(cid:151) Barents Sea

(cid:151) Norwegian Sea

(cid:151) North Sea

(cid:151) North Atlantic Ocean

(cid:151) Mediterranean Sea

Type

Based on mean annual salinity:

< 0,5 (cid:137) Freshwater

0,5 to < 5 (cid:137) Oligohaline

5 to < 18 (cid:137) Mesohaline

18 to < 30 (cid:137) Polyhaline

30 to < 40 (cid:137) Euhaline

Based on mean tidal range:

< 2 m microtidal

2 to 4 m mesotidal

> 4 m macrotidal

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Alternative characterisation

Obligatory factors

Optional factors

1.2.4. Coastal waters

SYSTEM B

Physical and chemical factors that determine the characteristics of the
transitional water and hence the biological population structure and
composition

Latitude

Longitude

Tidal range

Salinity

Depth

Current velocity

Wave exposure

Residence time

Mean water temperature

Mixing characteristics

Turbidity

Mean substratum composition

Shape

Water temperature range

SYSTEM A

Fixed Typology

Descriptors

Ecoregion

The following as identified on map B in Annex X:

(cid:151) Baltic Sea

(cid:151) Barents Sea

(cid:151) Norwegian Sea

(cid:151) North Sea

(cid:151) North Atlantic Ocean

(cid:151) Mediterranean Sea

Type

Based on mean annual salinity:

< 0,5 (cid:137) Freshwater

0,5 to < 5 (cid:137) Oligohaline

5 to < 18 (cid:137) Mesohaline

18 to < 30 (cid:137) Polyhaline

30 to < 40 (cid:137) Euhaline

Based on mean depth:

shallow waters < 30 m,

intermediate (30 to 200 m),

deep > 200 m

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Alternative characterisation

Obligatory factors

Optional factors

SYSTEM B

Physical and chemical factors that determine the characteristics of the
coastal water and hence the biological community structure and
composition

Latitude

Longitude

Tidal range

Salinity

Current velocity

Wave exposure

Mean water temperature

Mixing characteristics

Turbidity

Retention time (of enclosed bays)

Mean substratum composition

Water temperature range

1.3. Establishment of type specific reference conditions for surface water body types

(i) For each surface water body type characterised in accordance with section 1.1 above, type specific hydromor-
phological and physicochemical conditions shall be established representing the values of the hydromorphological
and physicochemical quality elements specified in section 1.1 in Annex V for that surface water body type at high
ecological status as defined in the relevant table in section 1.2 in Annex V. Type specific biological reference
conditions shall be established, representing the values of the biological quality elements specified in section 1.1 in
Annex V for that surface water body type at high ecological status as defined in the relevant table in section 1.2 in
Annex V.

(ii) In applying the procedures set out in this section to heavily modified or artificial water bodies references to high
ecological status shall be construed as references to maximum ecological potential as defined in table 1.2.5 of
Annex V. The values for maximum ecological potential for a water body shall be reviewed every 6 years.

(iii) Type specific conditions for the purposes of i) and ii) above and type specific biological reference conditions may be
either spatially based, or based on modelling, or may be derived using a combination of these methods. Where it is
not possible to use these methods, Member States may use expert judgement to establish such conditions. In
defining high ecological status in respect of concentrations of specific synthetic pollutants, the detection limits
are those which can be achieved in accordance with the available techniques at the time when the type specific
conditions are to be established.

(iv) For spatially based type specific biological reference conditions, Member States shall develop a reference network for
each surface water body type. The network shall contain a sufficient number of sites of high status to provide a
sufficient level of confidence about the values for the reference conditions given the variability in the values of the
quality elements corresponding to high ecological status for that surface water body type and the modelling
techniques which are to be applied under paragraph v.

(v) Type specific biological reference conditions based on modelling may be derived using either predictive models or
hindcasting methods. The methods shall use historical, palaeological and other available data and shall provide a
sufficient level of confidence about the values for the reference conditions to ensure that the conditions so derived
are consistent and valid for each surface water body type.

(vi) Where it is not possible to establish reliable type specific reference conditions for a quality element in a surface
water body type due to high degrees of natural variability in that element, not just as a result of seasonal variations,
then that element may be excluded from the assessment of ecological status for that surface water type. In such
circumstances Member States shall state the reasons for this exclusion in the River Basin Management Plan.

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1.4. Identification of pressures

Member States shall collect and maintain information on the type and magnitude of the significant anthropogenic
pressures to which the surface water bodies in each River Basin District are liable to be subject, in particular:

(cid:151) estimation and identification of significant point source pollution, in particular by substances listed in Annex VIII,
from urban, industrial, agricultural and other installations and activities, based inter alia on information gathered
under

(i) Articles 9 and 15 of Council Directive 96/61/EC,

(ii) Articles 15 and 17 of Council Directive 91/271/EEC,

and for the purposes of the initial River Basin Management Plan:

(iii) Article 11 of Council Directive 76/464/EEC, and

(iv) Council Directives 75/440/EEC, 76/160/EEC, 78/659/EEC and 79/923/EEC

(cid:151) estimation and identification of significant diffuse source pollution, in particular by substances listed in Annex VIII,
from urban, industrial, agricultural and other installations and activities; based inter alia on information gathered
under

(i) Articles 3, 5 and 6 of Council Directive 91/676/EEC

(ii) Articles 7 and 17 of Council Directive 91/414/EEC

(iii) Council Directive (Biocides),

and for the purposes of the first River Basin Management Plan:

(iv) Council Directives 75/440/EEC, 76/160/EEC, 76/464/EEC, 78/659/EEC and 79/923/EEC

(cid:151) estimation and identification of significant water abstraction for urban,

industrial, agricultural and other uses,

including seasonal variations and total annual demand, and of loss of water in distribution systems

(cid:151) estimation and identification of the impact of significant water flow regulation,

including water transfer and

diversion, on overall flow characteristics and water balances

(cid:151) identification of significant morphological alterations to water bodies

(cid:151) estimation and identification of other significant anthropogenic impacts on the status of surface waters, and

(cid:151) estimation of land use patterns, including identification of the main urban, industrial and agricultural areas and,

where relevant, fisheries and forests.

1.5. Assessment of impact

Member States shall carry out an assessment of the susceptibility of the surface water status of bodies to the pressures
identified above.

Member States shall use the information collected above, and any other relevant
information including existing
environmental monitoring data, to carry out an assessment of the likelihood that surface waters bodies within the
River Basin District will fail to meet the environmental quality objectives set for the bodies under Article 4. Member
States may utilise modelling techniques to assist in such an assessment.

For those bodies identified as being at risk of failing the environmental quality objectives further characterisation shall,
where relevant, be carried out to optimise the design of both the monitoring programmes required under Article 10,
and the programmes of measures required under Article 13.

1.6. Designation of artificial and heavily modified bodies

Member States may designate a body of surface water as artificial or heavily modified where making changes to the
artificial or heavily modified characteristics of that body necessary to achieve good ecological status would have
significant adverse effects on:

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(i) the wider environment

(ii) navigation or recreation

(iii) activities for the purposes of which water is stored (for example, power generation, drinking-water supply)

(iv) water regulation, flood protection, irrigation or land drainage; or

(v) human development.

2. GROUNDWATERS

2.1. Initial characterisation

Member States shall carry out an initial characterisation of all groundwater bodies to assess their uses and the degree to
which they are at risk of failing to meet the objectives for each groundwater body under Article 4. Member States may
group groundwater bodies together for the purposes of this initial characterisation. This analysis may employ existing
hydrological, geological, pedological, land use, discharge, abstraction and other data but shall identify:

(cid:151) the location and boundaries of the groundwater body or bodies

(cid:151) the pressures to which the groundwater body or bodies are liable to be subject including:

(cid:151) diffuse sources of pollution

(cid:151) point sources of pollution

(cid:151) abstraction

(cid:151) artificial recharge

(cid:151) the general character of the overlying strata in the catchment area from which the groundwater body receives its

recharge

(cid:151) those groundwater bodies for which there are directly dependent surface water ecosystems or terrestrial ecosystems.

2.2. Further characterisation

Following this initial characterisation, Member States shall carry out further characterisation of those groundwater
bodies or groups of bodies which have been identified as being at risk in order to establish a more precise assessment
of the significance of such risk and identification of any measures to be required under Article 13. Accordingly, this
characterisation shall include relevant information on the impact of human activity and, where relevant information
about:

(cid:151) geological characteristics of the groundwater body including the extent and type of geological units;

(cid:151) hydrogeological characteristics of the groundwater body including hydraulic conductivity, porosity and confinement;

(cid:151) characteristics of the superficial deposits and soils in the catchment from which the groundwater body receives its
recharge, including the thickness, porosity, hydraulic conductivity, and absorptive properties of the deposits and
soils;

(cid:151) stratification characteristics of the groundwater within the groundwater body;

(cid:151) an inventory of associated surface systems, including terrestrial ecosystems and bodies of surface water, with which

the groundwater body is dynamically linked;

(cid:151) estimates of the directions and rates of exchange of water between the groundwater body and associated surface

systems; and

(cid:151) sufficient data to calculate the long term annual average rate of overall recharge.

2.3. Review of the impact of human activity on groundwaters

For those bodies of groundwater which cross the boundary between two or more Member States or are identified
following the initial characterisation undertaken in accordance with paragraph 2.1 above as being at risk of failing to
meet the objectives set for each body under Article 4, the following information shall, where relevant, be collected and
maintained for each groundwater body:

(cid:151) the location of points in the groundwater body used for the abstraction of water intended for human consumption

providing more than an average of 10 m3 per day or serving more than 50 persons;

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(cid:151) the annual average rates of abstraction from such points;

(cid:151) the chemical composition of water abstracted from the groundwater body;

(cid:151) the location of points in the groundwater body into which water is directly discharged;

(cid:151) the rates of discharge at such points;

(cid:151) the chemical composition of discharges to the groundwater body; and

(cid:151) land use in the catchment or catchments from which the groundwater body receives its recharge,

including
anthropogenic alterations to the recharge characteristics such as rainwater and run-off diversion through land
sealing, artificial recharge, damming or drainage.

2.4. Review of the impact of changes in groundwater levels

Member States shall also identify those bodies of groundwater for which lower objectives are to be specified under
Article 4 including as a result of consideration of the effects of the status of the body on:

(cid:151) surface water and associated terrestrial ecosystems

(cid:151) water regulation, flood protection and land drainage

(cid:151) human development.(cid:146)

Annex III (cid:151) Delete entire Annex

(cid:145)Annex IIIa (new)

ECONOMIC ANALYSIS

The economic analysis shall contain sufficient information in sufficient detail (taking account of the costs associated with
collection of the relevant data) in order to:

(a) make the relevant calculations necessary for taking into account under Article 12 the principle of recovery of the
costs of water services, taking account of long term forecasts of supply and demand for water in the River Basin
District and, where necessary:

(cid:151) estimates of the volume, prices and costs associated with water services as defined in Article 2(32), and

(cid:151) estimates of relevant investment including forecasts of such investments;

(b) calculate long term forecasts of achievable savings by improvements in water use efficiency, broken down into

different sectors of water use, at least into household, industry and agriculture

(c) make judgements about the most cost effective combination of measures in respect of water uses to be included in

the programme of measures under Article 13 based on estimates of the potential costs of such measures.(cid:146)

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ORIGINAL PROPOSAL

AMENDED PROPOSAL

Annex IV is amended as follows:

PROTECTED AREAS

Point 1

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

1. The register of Protected Areas required under Article 9 shall

include the following types of Protected Areas:

(i) areas designated for the abstraction of water intended for human

(i) areas designated for the actual or potential abstraction of water

consumption under Article 8;

intended for human consumption under Article 8;

Point 1(i)

Point 1(v)

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

(v) 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 relevant Natura
2000 sites
the Habitats Directive
to be protected under
(92/43/EEC) and the Birds Directive (79/409/EEC).

Annex V is hereby amended:

New paragraph under title (new)

1.1.2. Normative definitions of ecological status classifications

Waters achieving a status below fair shall be classified as poor or
bad:

(cid:151) Waters showing evidence of major alterations to the values
of the biological quality elements for the surface water body
type and in which the relevant biological communities
deviate substantially from those normally associated with
the surface water body type under undisturbed conditions,
shall be classified as poor.

(cid:151) Waters showing evidence of severe alterations to the values
of the biological quality elements for the surface water body
type and in which large portions of the relevant biological
communities normally associated with the surface water
body type under undisturbed conditions are absent, shall
be classified as bad.

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ORIGINAL PROPOSAL

AMENDED PROPOSAL

Table 1.1.2.1

Hydromorphological elements

Good quality

Such as to allow the occurrence of
communities specified above.

the type specific biological

Conditions consistent with occurrence of the type specific biological
communities specified above.

Chemical elements: substances under Annex VIII not included under general parameters

Table 1.1.2.1

High quality

Concentrations not
analytical techniques or ubiquitous levels.

in excess of detection limit of most advanced

Concentrations close to zero and at least below the limits of detection
of the most advanced analytical techniques in general use.

Table 1.1.2.2

Hydromorphological parameters

Good quality

Such as
communities specified above.

to allow the occurrence of

the type-specific biological

Conditions consistent with occurrence of the type-specific biological
communities specified above.

Chemical elements: substances under Annex VIII not included under general parameters

Table 1.1.2.2

High quality

Concentrations not
analytical techniques or ubiquitous levels.

in excess of detection limit of most advanced

Concentrations close to zero and at least below the limits of detection
of the most advanced analytical techniques in general use.

Table 1.1.2.3

Hydromorphological factors

Good quality

Such as
communities specified above.

to allow the occurrence of

the type-specific biological

Conditions consistent with occurrence of the type-specific biological
communities specified above.

Chemical elements: substances under Annex VIII not included under general parameters

Table 1.1.2.3

High quality

Concentrations not
analytical techniques or ubiquitous levels.

in excess of detection limit of most advanced

Concentrations close to zero and at least below the limits of detection
of the most advanced analytical techniques in general use.

Table 1.1.2.4

Hydromorphological parameters

Good quality

Such as
communities specified above.

to allow the occurrence of

the type-specific biological

Conditions consistent with occurrence of the type-specific biological
communities specified above.

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ORIGINAL PROPOSAL

AMENDED PROPOSAL

Table 1.1.2.4

Chemical elements: substances under Annex VIII not included under general parameters

High quality

Concentrations not
analytical techniques or ubiquitous levels.

in excess of detection limit of most advanced

Concentrations close to zero and at least below the limits of detection
of the most advanced analytical techniques in general use.

Section 1.1.2.5.2(v) (new)

(v) The Commission will organise an exchange of information on the

standards established.

Section 1.1.3

Classification of water body ecotype and identification of
reference conditions

Delete entire section

Section 1.1.4.4a (new)

Investigative monitoring

Investigative monitoring shall be carried out:

(cid:151) where the reason for any exceedances is unknown;

(cid:151) where surveillance monitoring indicates that

the objectives set
under Article 4 for a body of water are not likely to be achieved
in
and operational monitoring has not already been established,
order to ascertain the causes of a water body or water bodies
failing to achieve the environmental objectives; or

(cid:151) to ascertain the magnitude and impacts of accidental pollution;

and shall inform the establishment of a programme of measures for the
achievement of
the environmental objectives and specific measures
necessary to remedy the effects of accidental pollution.

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ORIGINAL PROPOSAL

AMENDED PROPOSAL

Section 1.1.4.7

Standards for monitoring of type parameters

Standards for physico-chemical parameters

Standards for hydromorphological parameters

Standards for physico-chemical parameters

Relevant CEN/ISO standards

Standards for hydromorphological parameters

Standards for hydromorphological parameters

Relevant CEN/ISO standards

Section 1.1.5, title

1.1.5. Monitoring and assessment of other marine waters

1.1.5. Monitoring and assessment of territorial and other marine

waters

Section 1.1.6

Presentation of monitoring results and harmonised classification of ecological quality

1.1.6.2. Comparability of biological monitoring results

1.1.6.2. Comparability of biological monitoring results

(iii) The Commission shall coordinate an inter-calibration exercise.
Every biological monitoring system to be used by a Member
State for the purposes of Article 10 shall be tested on the inter-
calibration network. This testing shall take the following form:

(iii) The Commission shall coordinate an inter-calibration exercise.
Every biological monitoring system to be used by a Member
State for the purposes of Article 10 shall be tested on the inter-
calibration network. This testing shall take the following form:

(cid:151) Each biological monitoring system shall be applied to every
site in the inter-calibration network which is of an ecotype for
which it shall be used in practice. The inter-calibration network
shall include at least 5 sites at each of the 5 quality levels for
every such ecotype.

(cid:151) Each biological monitoring system shall be applied to every
site in the inter-calibration network which is of an ecotype for
which it shall be used in practice. The inter-calibration network
shall include at least 5 sites at each of the 5 quality levels for
every such ecotype.

(cid:151) Environmental quality ratios for each national monitoring
the five quality
system shall be established for each of
classes. Member States shall classify the ecological status of
the water body for
this Directive by
reference to the ratios so established.

the purposes of

(cid:151) Environmental quality ratios for each national monitoring
system shall be established for each of the five quality classes
on the basis of the average values obtained across the inter-
calibration network. Member States shall classify the ecological
status of the water body for the purposes of this Directive by
reference to the ratios so established.

(iv) The inter-calibration exercise outlined in paragraph 4 shall be
completed by 31 December 2002 at the latest. A table of all the
values so established shall be published by the Commission by 30
June 2003.

(iv) The inter-calibration exercise outlined in paragraph iii shall be
completed by 31 December 2002 at the latest. A table of all the
values so established shall be published by the Commission by 30
June 2003.

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ORIGINAL PROPOSAL

AMENDED PROPOSAL

Section 1.1.7

Criteria for the designation of heavily modified physical characteristics

1.1.7. Criteria for the designation of heavily modified physical charac-

Delete entire section.

teristics

Section 1.2.1

Selection of monitoring sites, and sampling and analysis frequencies

These shall be selected as specified in the legislation laying down the
environmental quality standard. Where no specific guidance is given
the scheme for priority list substances set out in section 1.1.4.3 shall be
adopted.

These shall be selected as specified in the legislation laying down the
environmental quality standard. Where no specific guidance is given, or
this Directive, the
the guidance is insufficient for the purposes of
scheme for priority list substances set out in section 1.1.4.3, 1.1.4.4
and 1.1.4.7 shall be adopted.

2. Groundwater

2.1. Analysis of the characteristics of the River Basin District

Identification, mapping and characterisation of groundwater
bodies

Deleted

Member States shall
bodies at a national, regional and local level.

identify, map and characterise all groundwater

In characterising groundwater bodies the following information shall be
collected where relevant for each groundwater body:

(cid:151) Boundaries and area of the groundwater body;

(cid:151) Geological characteristics of

the groundwater body including

extent and type of geological units;

(cid:151) Hydrogeological characteristics of the aquifer including hydraulic

conductivity, porosity and confinement;

(cid:151) Characteristics of the superficial deposits and soils overlying the
aquifer including their thickness, porosity, hydraulic conductivity,
and absorptive properties;

(cid:151) Stratification characteristics of

the groundwater within the

groundwater body;

(cid:151) an inventory of associated surface systems,
ecosystems
and bodies of
groundwater body is dynamically linked;

including terrestrial
surface water, with which the

(cid:151) estimates of the directions and rates of exchange of water between

the groundwater body and associated surface systems; and

(cid:151) sufficient data to calculate the long term annual average rate of

overall recharge.

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ORIGINAL PROPOSAL

AMENDED PROPOSAL

In characterising the
following
information shall be collected and maintained for each groundwater
body:

impact of human activity,

the

(cid:151) location of points in the groundwater body from which water is

abstracted;

(cid:151) the

chemical
groundwater body;

composition of water

abstracted

from the

(cid:151) location of points in the groundwater body into which water is

directly discharged;

(cid:151) the rates of discharge at such points;

(cid:151) the chemical composition of waters discharged to the groundwater

body;

(cid:151) land use in the catchment for the groundwater body including
the
anthropogenic alterations to the recharge characteristics of
groundwater body including rainwater and run-off diversion
through land sealing, artificial recharge, damming and drainage;
and

(cid:151) areas of human development which may be susceptible to damage

as a result of changes in groundwater level.

Sufficient
information shall be provided to allow a reliable water
balance calculation to be made for each groundwater body such as
to identify the net change in water storage in the body resulting
from the total volumes of water entering and leaving the body.

2. Groundwater

2.2.2. Definition of good quantitative status

The level of groundwater in the groundwater body is consistent with
the achievement of good quantitative status as defined in Article 2.

The level of groundwater in the groundwater body is such that the
available groundwater resource is not exceeded by the long-term
annual average rate of abstraction.

The level of groundwater is not subject to anthropogenic alterations
such as would result
in failure to achieve the ecological quality
objectives specified under Article 4 for associated surface waters or
any significant diminution in the ecological quality of such waters or
any significant damage to associated terrestrial ecosystems.

The level of groundwater does not exhibit an anthropogenically
induced trend liable to result in such alterations to the groundwater
level.

Alterations to flow direction resulting from level changes may occur
temporarily, or continuously in a spatially limited area, but such
reversals do not cause saltwater or other
intrusion, and do not
indicate an anthropogenically induced trend in flow direction likely
to result in such intrusions.

Accordingly, the level of groundwater is not subject to anthropogenic
alterations such as would result in:

(cid:151) failure to achieve the environmental objectives specified under

Article 4 for associated surface waters

(cid:151) any significant diminution in the status of such waters

(cid:151) any significant damage to terrestrial ecosystems which depend

directly on the groundwater body.

And alterations to flow direction resulting from level changes may
occur temporarily, or continuously in a spatially limited area, but
such reversals do not cause saltwater or other intrusion, and do not
indicate a sustained and clearly identified anthropogenically induced
trend in flow direction likely to result in such intrusions.

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ORIGINAL PROPOSAL

AMENDED PROPOSAL

2. Groundwater

2.3.2. Definition of good chemical status

The chemical composition of the groundwater body is such that the
concentrations of pollutants:

The chemical composition of the groundwater body is such that the
concentrations of pollutants:

(cid:151) as specified below, do not exhibit the effects of saline or other

(cid:151) as specified below, do not exhibit the effects of saline or other

intrusions

intrusions

(cid:151) do not exceed the environmental quality standards specified below

(cid:151) do not exceed the quality standards applicable under other relevant

Community legislation

(cid:151) are not such as would result in failure to achieve the environ-
mental objectives specified under Article 4 for associated surface
waters nor any significant diminution of the ecological or chemical
quality of such bodies nor in any significant damage to associated
terrestrial ecosystems.

(cid:151) are not such as would result in failure to achieve the environ-
mental objectives specified under Article 4 for associated surface
waters nor any significant diminution of the ecological or chemical
quality of such bodies nor in any significant damage to terrestrial
ecosystems which depend directly on the groundwater body.

And monitoring data do not exhibit any trend likely to result in
the exceedance of such environmental quality standards, failure to
achieve such environmental objectives, such loss of ecological or
chemical quality in associated surface waters or such damage to
associated terrestrial ecosystems

(cid:151) is not indicative of saline or other intrusion into the groundwater

body

Changes in conductivity are not indicative of saline or other intrusion
into the groundwater body.

Any environmental quality standards established under Article 21(6) or
under other relevant Community legislation

Any environmental quality standards established by the Member State
under Article 8 or Article 21(6) or those applicable under other
relevant Community legislation.

Annex VI, lists of measures to be included within the programmes of measures, is amended as follows:

Part B

Point 1, (vi)(a) (new)

re-creation and restoration of wetland areas

Annex VII is hereby amended:

Subparagraph (viii)(d)-(ga)

(d) a summary of the measures taken under Article 13(3)(d) for bodies

of water with a chemical status below (cid:145)good(cid:146)

(d) a summary of the measures taken under Article 13(3)(d) for bodies
of water failing to achieve the environmental objectives established
in Article 4

(f) details of the additional measures adopted under Article 13(3)(f),

(f) details of other measures taken under Article 13(3)(e);

and

(g) details of the supplementary measures adopted under Article 13(4),

(g) details of the additional measures adopted under Article 13(3)(f),

and

(ga) details of
13(4),

the supplementary measures adopted under Article

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ORIGINAL PROPOSAL

AMENDED PROPOSAL

including,
viduals or organisations
measures and a timetable for their intended implementation, and

in each of the above cases, an identification of the indi-
responsible for undertaking the various

including,
viduals or organisations
measures and a timetable for their intended implementation, and

in each of the above cases, an identification of the indi-
responsible for undertaking the various

Point 3 and 4

3. 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.

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

4. The River Basin Management Plan shall contain references to any

programmes and plans covered by the terms of Article 18.

4. The River Basin Management Plan shall contain a register of any
more detailed programmes and management plans for the River
Basin District dealing with particular sub-basins, sectors, issues or
water types, together with a summary of their contents.

Annex VIII is hereby amended:

Point 4

4. 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.

4. Substances and preparations, or the breakdown products of such,
which have been proved to possess carcinogenic or mutagenic
properties or properties which may affect steroidogenic thyroid,
reproduction or other endocrine related functions in or via the
aquatic environment.

Point 12(a) (new)

12(a) Man-made radioactive substances.