Common Position (EC) No 41/1999 of 22 October 1999 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Directive of the European Parliament and of the Council establishing a framework for Community action in the field of water policy
Date: 1999-10-22
Institutions: Council of the European Union
Subjects: EU environmental policy, EU policy, water, water management

30.11.1999

EN

Official Journal of the European Communities

C 343/1

I

(Information)

COUNCIL

COMMON POSITION (EC) No 41/1999

adopted by the Council on 22 October 1999

with a view to the adoption of a Directive 1999/(cid:133)/EC of the European Parliament and of the
Council establishing a framework for Community action in the field of water policy

(1999/C 343/01)

THE EUROPEAN PARLIAMENT AND THE COUNCIL
OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of
Committee (2),

the Economic and Social

Having regard to the opinion of
Regions (3),

the Committee of

the

Acting in accordance with the procedure laid down in Article
251 of the Treaty (4),

Whereas:

(1)

(2)

conclusions of

the Community Water

Policy
the
Ministerial Seminar in Frankfurt in 1988 highlighted the
need for Community legislation covering ecological
quality; the Council in its Resolution of 28 June 1988 (5)
asked the Commission to submit proposals to improve
ecological quality in Community surface waters;

declaration

the
on
groundwater held at The Hague in 1991 recognised the

the Ministerial

Seminar

of

(1) OJ C 184, 17.6.1997, p. 20, OJ C 16, 20.1.1998, p. 14 and OJ

C 108, 7.4.1998, p. 94.
(2) OJ C 355, 21.11.1997, p. 83.
(3) OJ C 180, 11.6.1998, p. 38.
(4) Opinion of the European Parliament of 11 February 1999 (OJ C
150, 28.5.1999, p. 419), Council common position of 22 October
1999 and Decision of the European Parliament of (cid:133) (not yet
published in the Official Journal).

(5) OJ C 209, 9.8.1988, p. 3.

need for action to avoid long-term deterioration of
freshwater quality and quantity and called for
a
programme of actions to be implemented by the year
2000 aiming at sustainable management and protection
of freshwater resources; in its Resolutions of 25 February
1992 (6) and 20 February 1995 (7), the Council requested
an action programme for groundwater and a revision of
Council Directive 80/68/EEC of 17 December 1979 on
the protection of groundwater against pollution caused
by certain dangerous substances (8), as part of an overall
policy on freshwater protection;

(3) waters in the Community are under increasing pressure
from the continuous growth in demand for sufficient
quantities of good quality water for all purposes; on 10
November 1995, the European Environment Agency in
its report on (cid:145)Environment
in the European Union (cid:150)
1995(cid:146) presented an updated state of the environment
report, confirming the need for action to protect
Community waters
in
quantitative terms;

in qualitative

as well

as

(4)

(5)

on 18 December 1995, the Council adopted conclusions
requiring, inter alia, the drawing up of a new framework
Directive establishing the basic principles of sustainable
water policy in the European Union and inviting the
Commission to come forward with a proposal;

on 21 February 1996,
the Commission adopted a
communication to the European Parliament and the
Council on (cid:145)European Community water policy(cid:146) setting
out the principles for a Community water policy;

(6) OJ C 59, 6.3.1992, p. 2.
(7) OJ C 49, 28.2.1995, p. 1.
(8) OJ L 20, 26.1.1980, p. 43. Directive as amended by Directive

91/692/EEC (OJ L 377, 31.12.1991, p. 48).

C 343/2

EN

Official Journal of the European Communities

30.11.1999

on 9 September 1996,
the Commission presented a
proposal for a Decision of the European Parliament and
of the Council on an action programme for integrated
protection and management of groundwater (1); in that
proposal
the Commission pointed to the need to
establish procedures for the regulation of abstraction of
freshwater and for the monitoring of freshwater quality
and quantity;

(13)

success of

this Directive

the
relies upon close
cooperation and coherent action at Community, Member
level as well as on information,
States and local
consultation and involvement of the public,
including
users;

(6)

(7)

(8)

(9)

(10)

the Commission adopted

on 29 May 1995,
a
communication to the European Parliament and the
Council on the wise use and conservation of wetlands,
which recognised the important functions they perform
for the protection of water resources;

is necessary to develop an integrated Community

it
policy on water;

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

framework for

the environment,

as set out in Article 174 of the Treaty, the Community
policy on the environment is to contribute to pursue the
objectives of preserving, protecting and improving the
quality of
in prudent and rational
utilisation of natural resources, and to be based on the
precautionary principle and on the principles
that
environmental
preventive
damage should, as a priority, be rectified at source and
that the polluter should pay;

action should be

taken,

available

(11) pursuant to Article 174 of the Treaty, in preparing its
policy on the environment, the Community is to take
account of
and technical data,
scientific
environmental conditions in the various regions of the
Community, and the economic and social development
the Community as a whole and the balanced
of
development of
its regions as well as the potential
benefits and costs of action or lack of action;

(12)

are

diverse

and needs

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

(14)

the supply of water is a service of general
interest as
defined in the Commission communication on services
of general interest in Europe (2);

(15)

of

and

protection

integration

transport, agriculture,

further
sustainable
management of water into other Community policy
areas such as energy,
fisheries,
regional policy and tourism is necessary; this Directive
should provide a basis for a continued dialogue and for
further
strategies
the
integration of policy areas; this Directive can also make
an important contribution to other areas of cooperation
between Member States, inter alia, the European spatial
development perspective (ESDP);

development of

towards

a

legislative framework;

(16) Community water policy requires a transparent, effective
and coherent
the Community
should provide common principles and the overall
framework for action; this Directive should provide for
such a framework, coordinate and integrate, and,
in a
longer perspective, further develop the overall principles
and structures for protection and sustainable use of
water
in the Community in accordance with the
principles of subsidiarity;

(17)

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

(18)

the quantitative status of a body of groundwater may
have an impact on the ecological quality of surface
waters and terrestrial ecosystems associated with that
groundwater body;

(19)

the Community and Member States
are party to
various international agreements containing important
obligations on the protection of marine waters from
pollution, in particular the Convention on the Protection
of
the Baltic Sea Area,
signed in Helsinki on 9 April 1992 and approved by
Council Decision 94/157/EC (3), the Convention for the
Protection of the Marine Environment of the North-East

the Marine Environment of

(1) OJ C 355, 25.11.1996, p. 1.

(2) OJ C 281, 26.9.1996, p. 3.
(3) OJ L 73, 16.3.1994, p. 19.

30.11.1999

EN

Official Journal of the European Communities

C 343/3

Atlantic, signed in Paris on 22 September 1992 and
approved by Council Decision 98/249/EC (1), and the
Convention for the Protection of the Mediterranean Sea
Against Pollution, signed in Barcelona on 16 February
1976 and approved by Council Decision 77/585/EEC (2),
and its Protocol for the Protection of the Mediterranean
Sea Against Pollution from Land-Based Sources, signed
in Athens on 17 May 1980 and approved by Council
Decision 83/101/EEC (3);
this Directive is to make a
contribution towards
enabling the Community and
Member States to meet those obligations;

(20)

to the progressive
to contribute
this Directive
reduction of emissions of hazardous substances to water;

is

(21)

(22)

common principles are needed in order to coordinate
Member States’ efforts to improve the protection of
Community waters in terms of quantity and quality, to
to contribute to the
promote sustainable water use,
to protect
control of
aquatic
and
wetlands directly depending on them, and to safeguard
and develop the potential uses of Community waters;

transboundary water problems,

and terrestrial

ecosystems,

ecosystems

common definitions of the status of water in terms of
the
quality and, where relevant
environmental protection, quantity should be established;
environmental objectives should be set to ensure that
good status of
is
achieved at Community level;

surface water and groundwater

the purpose of

for

(23) Member States should aim to achieve the objective of at
least good water status by defining and implementing
the necessary measures within integrated programmes of
measures,
existing Community
requirements; where good water status already exists, it
in addition to
should be maintained; for groundwater,
the requirements of good status, any significant and
sustained upward trend in the concentration of any
pollutant should be identified and reversed;

taking into account

(24)

are

and groundwaters

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

the

for

(1) OJ L 104, 3.4.1998, p. 1.
(2) OJ L 240, 19.9.1977, p. 1.
(3) OJ L 67, 12.3.1983, p. 1.

(25)

(26)

(27)

(28)

groundwater and reversing any significant and sustained
upward trend in the concentration of any pollutant in
groundwater;

in aiming to achieve the objectives set out
in this
Directive, and in establishing a programme of measures
to that end, Member States may phase implementation
of the programme of measures in order to spread the
costs of implementation;

in order to ensure a full and consistent implementation
of this Directive any extensions of timescale should be
made on the basis of
and
transparent criteria and be justified by the Member States
in the river basin management plans;

appropriate,

evident

in cases where a body of water is so affected by human
activity or its natural condition is such that it may be
infeasible or unreasonably expensive to achieve good
status, less stringent environmental objectives may be set
on the basis of appropriate, evident and transparent
criteria, and all practicable steps should be taken to
prevent any further deterioration of the status of waters;

is

the

result of unforeseen or

from the
for
exemptions
there may be grounds
to
further deterioration or
to prevent
requirement
if
the
achieve good status under specific conditions,
failure
exceptional
circumstances, in particular floods and droughts, or, for
reasons
new
modifications to the physical characteristics of a surface
water body or alterations to the level of bodies of
groundwater, provided that all practicable steps are
taken to mitigate the adverse impact on the status of the
body of water;

overriding

interest,

public

of

of

(29)

the objective of achieving good water status should be
pursued for each river basin, so that measures in respect
of surface water and groundwaters belonging to the
same ecological and hydrological system are coordinated;

(30)

for the purposes of environmental protection there is a
and
need for
and
quantitative
flow
groundwaters,
conditions of water within the hydrological cycle;

integration of qualitative
both surface waters
of
the natural

taking into account

a greater
aspects

effects,

(31) within a river basin where use of water may have
transboundary
the
the
achievement of the environmental objectives established
under this Directive, and in particular all programmes of
measures, should be coordinated for the whole of the
river basin district; for river basins extending beyond the

requirements

for

C 343/4

EN

Official Journal of the European Communities

30.11.1999

boundaries of
the Community, Member States should
endeavour to ensure the appropriate coordination with
the relevant non-Member States;
this Directive is to
contribute
implementation of Community
to the
obligations under international conventions on water
protection and management, notably the United Nations
Convention on the protection and use of transboundary
water courses and international
lakes, approved by
Council Decision 95/308/EC (1) and any succeeding
agreements on its application;

(32)

an economic

analysis of water use;

it is necessary to undertake analyses of the characteristics
of a river basin and the impacts of human activity as
the
as
well
development
in water status should be monitored by
Member States on a systematic and comparable basis
throughout
is
necessary in order to provide a sound basis for Member
States to develop programmes of measures aimed at
achieving the objectives established under this Directive;

the Community;

information

this

(33) Member States

should identify waters used for

the
abstraction of drinking water and ensure compliance
with Council Directive 80/778/EEC of 15 July 1980
relating to the quality of water intended for human
consumption (2);

(41)

(34)

(35)

the use of economic instruments by Member States may
be appropriate as part of a programme of measures; the
principle of recovery of
the costs of water services,
including environmental and resource costs associated
with damage or negative
aquatic
environment should be taken into account in accordance
the polluter pays principle; an
with,
economic analysis of water services based on long-term
forecasts of supply and demand for water in the river
basin district will be necessary for this purpose;

impact on the

in particular,

there is a need to prevent or reduce the impact of
incidents
accidentally polluted;
measures with the aim of doing so should be included in
the programme of measures;

in which water

is

(36) with regard to pollution prevention and control,
should be based on a
Community water policy
combined approach using control of pollution at source
through the setting of emission limit values and of
environmental quality standards;

(37)

for water quantity, overall principles should be laid
down for control on abstraction and impoundment in
order to ensure the environmental sustainability of the
affected water systems;

(1) OJ L 186, 5.8.1995, p. 42.
(2) OJ L 229, 30.8.1980, p. 11. Directive as last amended by Directive

98/83/EC (OJ L 330, 5.12.1998, p. 32).

(38)

common environmental quality standards and emission
limit values for certain groups or families of pollutants
should be laid down as minimum requirements
in
Community legislation; provisions for the adoption of
such standards at Community level should be ensured;

(39)

there is a need to combat pollution through the
discharge of various dangerous substances; the Council
should, on a proposal from the Commission, agree on
the substances to be considered for action as a priority
and on specific measures to be taken against pollution of
water by those substances,
taking into account all
significant sources and identifying the cost-effective and
proportionate level and combination of controls;

(40) Member States

should adopt measures

to eliminate
pollution of surface water by the priority substances and
progressively to reduce pollution by other substances
which would otherwise prevent Member States from
achieving the objectives for the bodies of surface water;

the participation of

river basin management plans,

the general public
to ensure
in the establishment and
including users of water
is
updating of
information of planned
necessary to provide proper
measures
and to report on progress with their
implementation with a view to the involvement of the
general public before final decisions on the necessary
measures are adopted;

it

(42)

this Directive should provide mechanisms to address
obstacles to progress in improving water status when
these fall outside the scope of Community water
legislation, with a view to developing appropriate
Community strategies for overcoming them;

(43)

the Commission should present annually an updated
plan for any initiatives which it intends to propose for
the water sector;

(44)

technical specifications should be laid down to ensure
a coherent approach in the Community as part of
this Directive; criteria for evaluation of water status
are an important step forward; adaptation of certain
technical elements to technical development and the
standardisation of monitoring, sampling and analysing
methods should be adopted by committee procedure;
to promote a thorough understanding and consistent
the
application of
status,
river basin districts and evaluation of water
the Commission may
the
application of these criteria;

the criteria for characterisation of

guidelines

adopt

on

30.11.1999

EN

Official Journal of the European Communities

C 343/5

(45)

(46)

(47)

the implementation of this Directive is to achieve a level
to that
of protection of waters at
provided in certain earlier acts, which should therefore
be repealed once the relevant provisions of this Directive
have been fully implemented;

least equivalent

control of pollution by dangerous

the provisions of this Directive take over the framework
for
substances
established under Council Directive 76/464/EEC (1); that
Directive should therefore be repealed once the relevant
provisions of this Directive have been fully implemented;

of

and

implementation

existing
enforcement
full
environmental
legislation for the protection of waters
should be ensured; it is necessary to ensure the proper
application of the provisions implementing this Directive
the Community by appropriate penalties
throughout
provided for in Member States’ legislation; such penalties
should be effective, proportionate and dissuasive,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Purpose

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

(cid:151) achieving

the

international
agreements including those which aim to prevent and
eliminate pollution of the marine environment, and

objectives

relevant

of

(cid:151) the progressive
substances.

reduction of emissions of hazardous

Article 2

Definitions

For the purpose of this Directive the following definitions shall
apply:

(1)

(2)

(3)

(cid:145)Surface water(cid:146) means inland waters, except groundwater;
transitional waters and coastal waters, except in respect
of chemical
shall also include
for which it
territorial waters.

status

(cid:145)Groundwater(cid:146) means all water which is below the
surface of
the ground in the saturation zone and in
direct contact with the ground or subsoil.

(cid:145)Inland water(cid:146) means all standing or flowing water on the
surface of the land, and all groundwater on the landward
side of the baseline from which the breadth of territorial
waters is measured.

The purpose of this Directive is to establish a framework for
transitional waters,
inland surface water,
the protection of
coastal waters and groundwater which:

(4)

(cid:145)River(cid:146) means a body of inland water flowing for the
most part on the surface of the land but which may flow
underground for part of its course.

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

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

protection of available water resources;

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

and thereby contributes to:

(5)

(cid:145)Lake(cid:146) means a body of standing inland surface water.

(6)

(7)

(cid:145)Transitional waters(cid:146) are bodies of surface water in the
vicinity of
river mouths which are partly saline in
character as a result of their proximity to coastal waters
but which are substantially influenced by freshwater
flows.

(cid:145)Coastal water(cid:146) means surface water on the landward side
of a line every point of which is at a distance of one
nautical mile on the seaward side from the nearest point
of
territorial
waters is measured, extending where appropriate up to
the outer limit of transitional waters.

the baseline from which the breadth of

(8)

(cid:145)Artificial water body(cid:146) means a body of surface water
created by human activity.

(cid:151) the provision of

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

(9)

(1) OJ L 129, 18.5.1976, p. 23. Directive as amended by Directive

91/692/EEC (OJ L 377, 31.12.1991, p. 48).

(cid:145)Heavily modified water body(cid:146) means a body of surface
water which as a result of physical alterations by human
activity
as
designated by the Member State in accordance with the
provisions of Annex II.

in character,

substantially

changed

is

C 343/6

EN

Official Journal of the European Communities

30.11.1999

(10)

(cid:145)Body of surface water(cid:146) means a discrete and significant
element of surface water such as a lake, a reservoir, a
stream, river or canal, part of a stream, river or canal, a
transitional water or a stretch of coastal water.

(22)

(cid:145)Good ecological status(cid:146) is the status of a body of surface
water, so classified in accordance with Annex V.

(11)

geological

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

sufficient porosity

strata of

(12)

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

(23)

(cid:145)Good ecological potential(cid:146)
is the status of a heavily
modified or an artificial body of water, so classified in
accordance with the relevant provisions of Annex V.

(24)

(cid:145)Good surface water chemical status(cid:146) means the chemical
status achieved by a body of surface water in which
concentrations
the
environmental quality standards established in Annex IX
and under Article 16(5), and under other
relevant
Community legislation setting environmental quality
standards at Community level.

pollutants

do not

exceed

of

(13)

land from which all
(cid:145)River basin(cid:146) means the area of
flows through a sequence of streams,
surface run-off
rivers and, possibly, lakes into the sea at a single river
mouth, estuary or delta.

(25)

(cid:145)Good groundwater chemical status(cid:146) is the status defined
in Table 2.3.2 of Annex V.

(14)

(cid:145)Sub-basin(cid:146) means the area of land from which all surface
flows through a series of streams, rivers and,
run-off
possibly,
lakes to a particular point in a water course
(normally a lake or a river confluence).

(15)

(cid:145)River basin district(cid:146) means the area of
land and sea,
made up of one or more neighbouring river basins
together with their associated groundwaters and coastal
waters, which is identified under Article 3(1) as the main
unit for management of river basins.

(16)

(cid:145)Competent authority(cid:146) means an authority or authorities
identified under Article 3(2) or 3(3).

(26)

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

(27)

less the long-term annual rate of

(cid:145)Available groundwater resource(cid:146) means the long-term
annual average rate of overall recharge of the body of
groundwater
flow
required to achieve the ecological quality objectives for
associated surface water 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.

(28)

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

(17)

(cid:145)Surface water status(cid:146)
is the general expression of the
status of a body of surface water, determined by the
poorer of its ecological status and its chemical status.

(29)

(cid:145)Pollutant(cid:146) means any substance liable to cause pollution,
in particular those listed in Annex VIII.

(18)

(cid:145)Good surface water status(cid:146) means the status achieved by
a surface water body when both its ecological status and
its chemical status are at least (cid:145)good(cid:146).

(30)

(19)

(cid:145)Groundwater status(cid:146)
the
status of a body of groundwater, determined by the
poorer of its quantitative status and its chemical status.

is the general expression of

(cid:145)Pollution(cid:146) means the direct or indirect introduction, as a
result of human activity, of substances or heat into the
air, water or land which may be harmful
to human
health or the quality of aquatic ecosystems or terrestrial
ecosystems directly depending on aquatic ecosystems,
which result in damage to material property, or which
impair or interfere with amenities and other legitimate
uses of the environment.

(20)

(cid:145)Good groundwater status(cid:146) means the status achieved by
a groundwater body when both its quantitative status
and its chemical status are at least (cid:145)good(cid:146).

(31)

(cid:145)Environmental objectives(cid:146) means the objectives set out
in Article 4.

(21)

(cid:145)Ecological status(cid:146) is an expression of the quality of the
structure
ecosystems
associated with surface waters, classified in accordance
with Annex V.

functioning

aquatic

and

of

(32)

quality

standard(cid:146)

(cid:145)Environmental
the
concentration of a particular pollutant or group of
pollutants in water, sediment or biota which should not
be exceeded in order to protect human health and the
environment.

means

30.11.1999

EN

Official Journal of the European Communities

C 343/7

(33)

(cid:145)Water intended for human consumption(cid:146) has the same
meaning as under Directive 80/778/EEC, as amended by
Directive 98/83/EC.

(34)

(cid:145)Water services(cid:146) means:

basins or joined with neighbouring small basins to form
river basin districts where appropriate. Where
individual
groundwaters do not fully follow a particular river basin, they
shall be identified and assigned to the nearest or most
appropriate
shall be
identified and assigned to the nearest or most appropriate river
basin district or districts.

river basin district. Coastal waters

(a) abstraction, distribution and consumption, or use in
or

surface water

economic

activity

of

any
groundwater;

(35)

(36)

(b) emission of pollutants into surface water and waste
facilities which

water
collection and treatment
subsequently discharge into surface water.

(cid:145)Water use(cid:146) means water services together with any other
activity identified under Article 5 and Annex II having a
significant impact on the status of water. This concept
applies
the
economic analysis carried out according to Article 5 and
Annex III, point (b).

the purposes of Article 1 and of

for

certain specific parameters,

(cid:145)Emission limit values(cid:146) means the mass, expressed in
terms of
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
those
identified under Article 16.

in particular

substances,

for

The emission limit values for substances shall normally
apply at
leave the
the point where the emissions
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.

(37)

(cid:145)Emission controls(cid:146) are controls
requiring a specific
emission limitation, for instance an emission limit value,
or otherwise specifying limits or conditions on the
effects, nature or other characteristics of an emission or
operating conditions which affect emissions. Use of the
term (cid:145)emission control(cid:146) in this Directive in respect of the
provisions of any other Directive shall not be held as
reinterpreting those provisions in any respect.

shall

States

2. Member
appropriate
administrative arrangements, including the identification of the
appropriate competent authority,
for the application of the
rules of this Directive within each river basin district lying
within their territory.

ensure

that

3. Member States shall ensure that a river basin covering
the territory of more than one Member State is assigned to an
international river basin district. At the request of the Member
to facilitate the
the Commission shall act
States involved,
assigning to such international river basin districts.

Each Member State shall ensure the appropriate administrative
arrangements,
including the identification of the appropriate
competent authority, for the application of the rules of this
Directive within the portion of any international river basin
district lying within its territory.

4. Member States shall ensure that the requirements of this
Directive for the achievement of the environmental objectives
established under Article 4, and in particular all programmes
of measures are coordinated for the whole of the river basin
district. For international
river basin districts the Member
States concerned shall together ensure this coordination. At the
request of the Member States involved, the Commission shall
the programmes of
act
measures.

to facilitate the establishment of

shall

the Community,

5. Where a river basin district extends beyond the territory
the Member State or Member States
of
concerned
appropriate
coordination with the relevant non-Member States, with the
aim of achieving the objectives of this Directive throughout
shall ensure the
the river basin district. Member States
application of the rules of this Directive within their territory.

endeavour

establish

to

6. Member States may identify an existing national or
international body as competent authority for the purposes of
this Directive.

Article 3

7. Member States shall identify the competent authority by
the date mentioned in Article 23.

Coordination of administrative arrangements within river
basin districts

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

8. Member States shall provide the Commission with a list
of their competent authorities and of the competent authorities
of all the international bodies in which they participate at the
latest six months after the date mentioned in Article 23. For
each competent authority the information set out in Annex I
shall be provided.

C 343/8

EN

Official Journal of the European Communities

30.11.1999

9. Member States shall
inform the Commission of any
changes to the information provided according to paragraph 8
within three months of the change coming into effect.

(b) the extension of the deadline, and the reasons for it, are
specifically set out and explained in the river basin
management plan required under Article 13;

Article 4

Environmental objectives

1. Member States shall aim to achieve the objectives of:

(c) extensions are limited to periods which do not exceed the
period covered by three further updates of the river basin
management plan except
in cases where the natural
conditions are such that the objectives cannot be achieved
within this period. Other than in these latter cases, a
request for the third extension must be submitted to the
Commission, which shall take a decision on such request
within three months;

(a) preventing deterioration of ecological status and pollution
of surface waters and restoring surface waters, with the
aim of achieving good surface water status or, for heavily
modified and artificial bodies, good ecological potential
and good surface water chemical status, at the latest 16
years after the date of entry into force of this Directive, in
in accordance with the
all bodies of
provisions
to the
subject
application of extensions determined in accordance with
paragraph 3 and to the application of paragraphs 4, 5 and
international
6 and without prejudice to the relevant
agreements
the parties
referred to in Article 1 for
concerned;

laid down in Annex V,

surface water,

status

(b) preventing deterioration of groundwater status, restoring
bodies of groundwater, and ensuring a balance between
abstraction and recharge of groundwater, with the aim of
achieving good groundwater
in all bodies of
groundwater, in accordance with the provisions laid down
in Annex V, at the latest 16 years after the date of entry
into force of this Directive and reversing any significant
and sustained upward trend in the concentration of any
pollutant resulting from the impact of human activity,
to the application of extensions determined in
subject
accordance with paragraph 3 and to the application of
paragraphs 4, 5 and 6;

(c) achieving compliance with any standards and objectives
relating to protected areas, at the latest 16 years after the
date of entry into force of this Directive, unless otherwise
specified in the Community legislation under which the
individual protected areas have been established,

through phased implementation of measures
Article 11.

taken under

2. Where more than one of the objectives under paragraph
1 relates to a given body of water, the most stringent shall
apply.

3.
The deadlines established under points (a) and (b) of
paragraph 1 may be extended for the purposes of phased
achievement of the objectives under paragraph 1 for bodies of
water when all the following conditions are met:

(d) a summary of

the measures required under Article 11
which are envisaged as necessary to bring the bodies of
water progressively to the required status by the extended
deadline
their
expected
implementation is set out in the river basin management
plan. A review of the implementation of these measures
and a summary of any additional measures
shall be
included in updates of the river basin management plan.

timetable

and

the

for

4. Member States may aim to achieve
stringent
environmental objectives than those required under paragraph
1(a) and (b)
for specific bodies of water when both the
following conditions are met:

less

(a) Member States determine that the body of water is so
affected by human activity or its natural condition is such
that
in status would be infeasible or
improvements
unreasonably expensive;

and

(b) the

of

and the

establishment

less
reasons

environmental
specifically
objectives,
mentioned in the river basin management plan required
under Article 13 and those objectives are reviewed every
six years.

stringent
for

are

it,

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;

(a) Member States determine that all necessary improvements
in the status of bodies of water cannot reasonably be
achieved within the timescales set out in that paragraph;

(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;

30.11.1999

EN

Official Journal of the European Communities

C 343/9

(c)

to be

the measures
such exceptional
circumstances 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;

taken under

(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
reasonably
effects of
practicable;

those circumstances as

soon as

and

(e) a summary of the effects of the circumstances and of the
measures
to be taken in accordance with
paragraphs (a) and (d) are included in the next update of
the river basin management plan.

taken or

Failure

6.
status, good
to achieve good groundwater
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 for the purposes given in
Sections 1.6 (designation of artificial or heavily modified
in
bodies) or 2.4 (review of
groundwater levels) of Annex II, and the following conditions
are met:

impact of

changes

the

(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 III and that it is completed at the latest five
years after the date of entry into force of this Directive.

2.
The analyses and reviews mentioned under paragraph 2
shall be reviewed, and if necessary updated at the latest 13
years after the date of entry into force of this Directive and
every six years thereafter.

Article 6

Register of protected areas

1. Member States
shall ensure the establishment of a
register or registers of all areas lying within each river basin
requiring special
district which have been designated as
protection under
the
protection of their surface water and groundwater or for the
conservation of habitats and species directly depending on
water. They shall ensure that the register is completed at the
this
five years after the date of entry into force of
latest
Directive.

specific Community legislation for

(a) all practicable steps are taken to mitigate the adverse

impact on the status of the body of water;

2.
The register or registers shall include all bodies of water
identified under Article 7(1) and all protected areas covered by
Annex IV.

(b) the reasons for the modifications are specifically set out
and explained in the river basin management plan required
under Article 13 and the objectives are reviewed every six
years.

7. When applying paragraphs 3, 4, 5 and 6, a Member
State shall ensure that the application does not compromise
the achievement of the objectives of this Directive in other
bodies of water within the same river basin district and is
consistent with the implementation of other Community
environmental legislation.

Article 5

For each river basin district, the register or registers of

3.
protected areas shall be kept under review and up to date.

Article 7

Waters used for the abstraction of drinking water

1. Member States shall
district:

identify, within each river basin

(cid:151) all bodies of water used for the abstraction of water
intended for human consumption providing more than
10 m3 a day as an average or serving more than fifty
persons,

Characteristics of the river basin district, review of the
environmental impact of human activity and economic
analysis of water use

and

(cid:151) those bodies of water intended for such future use.

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:

Member States shall monitor,
in accordance with Annex V,
those bodies of water which according to Annex V, provide
more than 100 m3 a day as an average.

C 343/10

EN

Official Journal of the European Communities

30.11.1999

this Directive,

2.
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 16, Member States shall ensure
regime applied, and in
treatment
that under
accordance with Community legislation,
the resulting water
will meet
the requirements of Directive 80/778/EEC as
amended by Directive 98/83/EC.

the water

standards

quality

the

States

2. Member
basin
management plans on the practical steps and measures taken
to apply this principle.

report

river

shall

the

in

Nothing in this Article shall prevent

3.
particular preventative or
achieve the objectives of this Directive.

remedial measures

the funding of
to
in order

3. Member States shall ensure the necessary protection for
the bodies of water
identified with the aim of avoiding
deterioration in their status and may establish safeguard zones
for those bodies of water.

Article 10

The combined approach for point and diffuse sources

1. Member States
subject
controlled according to the approach set out in this Article.

relevant discharges
specified under paragraph 2 are

shall ensure that

to control as

Article 8

Monitoring of surface water status, groundwater status
and protected areas

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

(a)

the emission controls based on best available techniques;

shall

States

1. Member
establishment of
programmes for the monitoring of water status in order to
establish a coherent and comprehensive overview of water
status within each river basin district:

ensure

the

or

(b) the relevant emission limit values;

(cid:151) for

surface waters

such

programmes

shall

cover

monitoring of the ecological and chemical status,

or

(cid:151) for groundwaters such programmes shall cover monitoring

of the chemical and quantitative status,

set out in:

(c)

in the case of diffuse impacts the controls including, as
appropriate, best environmental practices;

(cid:151) for protected areas

by

supplemented
Community
legislation
protected areas have been established.

those

the above programmes
specifications
under which

shall be
in
individual

contained
the

2.
These programmes shall be operational at the latest seven
years after the date of entry into force of this Directive unless
otherwise
Such
monitoring shall be in accordance with the requirements of
Annex V.

legislation concerned.

specified

in the

Article 9

Recovery of costs for water services

of

the

costs

services,

of water

1. Member States shall take account of the principles of
recovery
including
environmental and resource costs, having regard to the
economic analysis conducted according to Annex III, and in
accordance in particular with the polluter pays principle.
Member States may in doing so have regard to the social,
environmental and economic effects of the recovery as well as
the geographic and climatic conditions of
the region or
regions affected.

(cid:151) Council Directive 96/61/EC of 24 September 1996
concerning integrated pollution prevention and control (1),

(cid:151) Council Directive 91/271/EEC of 21 May 1991 concerning

urban waste water treatment (2),

(cid:151) Council Directive 91/676/EEC of 12 December 1991
concerning the protection of waters against pollution
caused by nitrates from agricultural sources (3),

(cid:151) the Directives adopted pursuant

to Article 16 of

this

Directive,

(cid:151) the Directives listed in Annex IX,

(cid:151) any other relevant Community legislation,

at the latest 13 years after the date of entry into force of this
Directive, unless otherwise
legislation
concerned.

specified

in the

(1) OJ L 257, 10.10.1996, p. 26.
(2) OJ L 135, 30.5.1991, p. 40. Directive as amended by Commission

Directive 98/15/EC (OJ L 67, 7.3.1998, p. 29).

(3) OJ L 375, 31.12.1991, p. 1.

30.11.1999

EN

Official Journal of the European Communities

C 343/11

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 11

Programme of measures

1.
Each Member State shall ensure the establishment for
each river basin district, or for the part of an international
river basin district within its territory, of a programme of
measures, taking account of the results of the analyses required
under Article 5, with the aim of moving progressively towards
achieving the objectives established under Article 4. Where
appropriate, a Member State may adopt measures applicable to
all river basin districts and/or the portions of
international
river basin districts falling within its territory.

Each programme of measures shall

include the (cid:145)basic(cid:146)
specified in paragraph 3 and, where necessary,

2.
measures
(cid:145)supplementary(cid:146) measures.

(cid:145)Basic measures(cid:146) are the minimum requirements to be

3.
complied with and shall consist of:

(a)

required

those measures
to implement Community
legislation for the protection of water, including measures
required under the legislation specified in Article 10 and in
Part A of Annex VI;

(b) measures
Article 9;

deemed

appropriate

for

the purposes of

(c) measures to meet the requirements of Article 7;

(f) measures to ensure, where practicable, the control and,
significant
where necessary, prevention of any other
adverse impacts on the status of water identified under
the
Article 5 and Annex II which would prevent
achievement of
for
the objectives under Article 4 by,
for prior regulation, such as a
example, a requirement
prohibition on the entry of pollutants into water, prior
authorisation or registration based on general binding rules
where such a requirement is not otherwise provided for
under Community legislation. These controls
shall be
periodically reviewed and, where necessary, updated;

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

into

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

They may also authorise, specifying the conditions for:

for

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

(cid:151) re-injection of pumped groundwater from mines and
construction or
associated with the

quarries or
maintenance of civil engineering works,

(cid:151) injection of natural gas or liquefied petroleum gas
(LPG) for storage purposes into geological formations
which for natural reasons are permanently unsuitable
for other purposes,

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

from these

abstractions

controls,

exempt

shall

be

(e)

for point source discharges liable to cause pollution, a
requirement for prior authorisation, or registration based
laying down emission controls
on general binding rules,
for
shall be
the pollutants concerned. These controls
periodically reviewed and, where necessary, updated;

for

storage purposes

(cid:151) injection of natural gas or liquefied petroleum gas
(LPG)
into other geological
formations where there is an overriding need for
security of gas supply, and where the injection is such
future danger of
as
deterioration
receiving
of
groundwater,

to prevent any present or

quality

any

the

in

(cid:151) construction, civil engineering and building works and
similar activities on or in the ground which come into
contact with groundwater. For these purposes, Member
States may determine that such activities are to be
treated as having been authorised provided that they
are conducted in accordance with general binding rules
developed by the Member State in respect of such
activities,

C 343/12

EN

Official Journal of the European Communities

30.11.1999

(cid:151) discharges of

for
small quantities of
scientific purposes for characterisation, protection or
remediation of water bodies limited to the amount
strictly necessary for the purposes concerned,

substances

such discharges

provided
achievement of
for that body of groundwater.

the
the environmental objectives established

compromise

do not

artificial

States may

Member
recharge or
authorise
augmentation of groundwater bodies. The water used may
be derived from any surface water or groundwater,
provided that the use of the source does not compromise
objectives
the
established for the source or the recharged or augmented
body of groundwater;

environmental

achievement

the

of

(h) in accordance with action taken pursuant to Article 16,
measures to eliminate pollution of surface waters by those
substances specified in the priority list agreed pursuant to
Article 16(2) and to progressively reduce pollution by
other substances which would otherwise prevent Member
States from achieving the objectives for the bodies of
surface waters as set out in Article 4;

from technical

(i) any measures required to prevent significant leakage of
installations, and to prevent
to reduce the impact of accidental pollution
including

pollutants
and/or
incidents for example as a result of
through systems to detect or give warning of such events.

floods,

Where those causes are unforeseen or due to exceptional
circumstances, including floods or droughts, the Member State
may determine that additional measures are not practicable.

In implementing measures pursuant to paragraphs 3(e)
6.
and 3(f), Member States shall take all appropriate steps not to
increase pollution of marine waters. Without prejudice to
existing legislation, the application of measures taken pursuant
to paragraph 3 may on no account lead, either directly or
surface waters. This
indirectly to increased pollution of
requirement shall not apply where it would result in increased
pollution of the environment as a whole.

The programmes of measures shall be established at the
7.
latest
this
ten years after the date of entry into force of
Directive and all the measures shall be made operational at the
latest 13 years after that date.

8.
The programmes of measures shall be reviewed, and if
necessary updated at the latest 16 years after the date of entry
into force of this Directive and every six years thereafter. Any
new or
established under an updated
programme shall be made operational within three years of
their establishment.

revised measures

Article 12

Issues which can not be dealt with at Member State level

(cid:145)Supplementary(cid:146) measures are those measures designed
4.
and implemented in addition to the basic measures, with the
aim of achieving the objectives established pursuant to Article
4. Part B of Annex VI contains a non-exclusive list of such
measures.

1. Where a Member State identifies an issue which has an
impact on the management of its water but cannot be resolved
by that Member State,
the issue to the
Commission and any other Member State concerned and may
make recommendations for the resolution of it.

it may report

Member States may also adopt further supplementary measures
in order to provide for additional protection or improvement
including in
the waters
of
implementation of
agreements
referred to in Article 1.

covered by this Directive,

international

relevant

the

The Commission shall

2.
respond to any report or
recommendations from Member States within a period of six
months.

5. Where monitoring or other data indicate that
the
objectives set under Article 4 for the body of water are
unlikely to be achieved, the Member State shall ensure that:

Article 13

River basin management plans

(cid:151) the causes of the possible failure are investigated,

and

States

1. Member
basin
management plan is produced for each river basin district
lying entirely within their territory.

ensure

river

shall

that

a

(cid:151) such additional measures as may be practicable in order to

achieve those objectives are established.

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

30.11.1999

EN

Official Journal of the European Communities

C 343/13

river basin management plan is not produced, Member States
shall produce river basin management plans covering at least
those parts of
falling
within their territory to achieve the objectives of this Directive.

the international river basin district

Upon request access shall be given to background documents
and information used for the development of the draft river
basin management plan.

shall

endeavour

In the case of an international

3.
river basin district
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 least cover the portion of the international river basin
district
the Member State
concerned.

lying within the territory of

The river basin management plan shall

4.
information detailed in Annex VII.

include the

River basin management plans may be supplemented by
5.
the production of more detailed programmes and management
plans for sub-basin, sector, issue, or water type, to deal with
particular aspects of water management.
Implementation of
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
this
ten years after the date of entry into force of

6.
latest
Directive.

River basin management plans shall be reviewed and
7.
updated at the latest 16 years after the date of entry into force
of this Directive and every six years thereafter.

to
shall allow at
2. Member States
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.

Article 15

Reporting

the river basin
1. Member States
management plans
to the
Commission and to any other Member State concerned within
three months of their publication:

subsequent updates

shall
and all

send copies of

(a)

river basin districts

for
entirely within the
territory of a Member State, all river management plans
covering that national
territory and published pursuant
to Article 13;

falling

(b) for international river basin districts, at least the part of the
river basin management plans covering the territory of the
Member State.

2. Member States shall submit summary reports of:

Article 14

(cid:151) the analyses required under Article 5,

Public information and consultation

and

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:

(cid:151) the monitoring programmes designed under Article 8,

undertaken for
management plan within three months of their completion.

the purposes of

river basin

first

the

(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;

3. Member States shall, within three years of the publication
of each river basin management plan or update under Article
13,
in the
implementation of the planned programme of measures.

submit an interim report describing progress

(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;

Article 16

Strategies against pollution of water

(c) draft copies of the river basin management plan, at least
one year before the beginning of the period to which the
plan refers.

The Council

1.
against
adopt
pollution of water by individual pollutants or groups of
pollutants presenting an unacceptable risk to or via the aquatic

specific measures

shall

C 343/14

EN

Official Journal of the European Communities

30.11.1999

environment,
including such risks to waters used for the
abstraction of drinking water. Such measures shall be adopted
acting on the proposals presented by the Commission in
accordance with the procedures laid down in the Treaty.

The Commission shall submit a proposal setting out a
2.
first priority list of
substances by 31 December 1999.
Substances shall be prioritised 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 (1), Council Directive 91/414/EEC (2),
and
Directive 98/8/EC of the European Parliament and of the
Council (3); or

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

the

or, where this proves impracticable within the timescale;

(c) a simplified risk-based assessment procedure based on

scientific principles taking particular account of:

(i) evidence

the

regarding

the
its aquatic
substance concerned, and in particular
ecotoxicity and human toxicity via aquatic exposure
routes; and

intrinsic hazard of

(ii) evidence

monitoring
environmental contamination; and

from

of

widespread

(iii) 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.

The Commission shall review the adopted priority list at the
latest six years after the date of entry into force of
this
Directive and at least every six years thereafter, and come
forward with proposals as appropriate.

the Commission shall

In preparing its proposal,

3.
take
account of recommendations from the Scientific Committee on
toxicity, ecotoxicity and the environment, Member States, the
European Parliament,
the European Environment Agency,
Community research programmes, international organisations
to which the Community is a party, European business
and
those
organisations

representing

including

small

medium-sized
environmental
organisations, and of other relevant information which comes
to its attention.

enterprises,

European

and shall

and diffuse

For the substances on the priority list, the Commission
4.
shall submit proposals for controls on the principle sources of
the emissions concerned. In doing so it shall take account of
both point
identify the
sources
cost-effective and proportionate level and combination of
product controls and emission values for process controls.
Where appropriate, action at Community level
for process
controls may be established on a sector-by-sector basis. Where
product
relevant
a
91/414/EEC and
authorisations
Directive 98/8/EC,
in
those Directives. Each
accordance with the provisions of
proposal
their
for controls shall specify arrangements for
review, updating and for assessment of their effectiveness.

shall be carried out

under Directive

such reviews

review of

controls

include

issued

the

The Commission shall

5.
submit proposals
standards applicable to the concentrations of
substances in surface water, sediments or biota.

for quality
the priority

the inclusion of

The Commission shall submit proposals,

6.
in accordance
with paragraphs 4 and 5, and at least for emission controls for
point sources and environmental quality standards within two
years of
the substance concerned on the
priority list. For substances included in the first priority list, in
the absence of agreement at Community level seven years after
the date of entry into force of this Directive, Member States
shall
these
substances for all surface waters affected by discharges of those
substances and controls on the principal sources of such
discharges, based,
inter alia, on consideration of all technical
reduction options. For substances subsequently included in the
priority list, in the absence of agreement at Community level,
Member States shall take such action five years after the date
of inclusion in the list.

establish environmental quality standards

for

7.
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.

8.
In preparing its proposals under paragraphs 4 and 5, the
Commission shall also review all the Directives listed in Annex
IX. It shall propose, by the deadline in paragraph 6, a revision
of the controls in Annex IX for all those substances which are
included in the priority list and shall propose the appropriate
measures including the possible repeal of the controls under
Annex IX for all other substances.

All the controls in Annex IX for which revisions are proposed
shall be repealed by the date of entry into force of those
revisions.

(1) OJ L 84, 5.4.1993, p. 1.
(2) OJ L 230, 19.8.1991, p. 1. Directive as last amended by Directive

98/47/EC (OJ L 191, 7.7.1998, p. 50).

(3) OJ L 123, 24.4.1998, p. 1.

The priority

9.
the
Commission shall, on its adoption by the European Parliament
and the Council, become Annex X to this Directive.

substances proposed by

list of

30.11.1999

EN

Official Journal of the European Communities

C 343/15

Article 17

Commission report

Article 18

Plans for future Community measures

The Commission shall publish a

report on the
1.
implementation of this Directive at the latest 12 years after the
date of entry into force of this Directive and every six years
thereafter, and shall submit it to the European Parliament and
to the Council.

2.

The report shall include the following:

(a) a review of progress

in the implementation of

the

Directive;

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

(c) a survey of the river basin management plans submitted in
accordance with Article 15, including suggestions for the
improvement of future plans;

(d) a summary of

the reports or
the response to each of
recommendations to the Commission made by Member
States pursuant to Article 12;

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

strategies developed under Article 16;

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

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 two
years after the dates referred to in Articles 5 and 8.

submit under Article 15(2), and submit

it

4.
the
The Commission shall, within three years of
publication 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 15(3). This shall be submitted to the European
Parliament and to the Council.

The Commission shall convene when appropriate in line
5.
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.

for

Once a year,

the Commission shall

1.
information
purposes present to the Committee referred to in Article 20 an
indicative plan of measures having an impact on water
legislation which it
intends to propose in the near future,
including any emerging from the proposals, control measures
and strategies developed under Article 16. The Commission
shall make the first such presentation at the latest two years
after the date of entry into force of this Directive.

2.
The Commission will review this Directive at the latest
19 years after the date of its entry into force and will propose
any necessary amendments to it.

Article 19

Technical adaptations to the Directive

Annexes I,

III and Section 1.3.6 of Annex V may be
1.
adapted to scientific and technical progress in accordance with
the procedures laid down in Article 20, taking account of the
periods
river basin
for
management plans as
referred to in Article 13. Where
the Commission may adopt guidelines on the
necessary,
implementation of Annexes II and V in accordance with the
procedures laid down in Article 20.

review and updating of

the

For the purpose of transmission and processing of data,
2.
including statistical and cartographic data, technical
formats
for the purpose of paragraph 1 may be adopted in accordance
with the procedures laid down in Article 20.

Article 20

Regulatory committee

The Commission shall be assisted by a regulatory
1.
committee composed of the representatives of the Member
States and chaired by the representative of the Commission.

2.
The representative of the Commission shall submit to the
committee a draft of the measures to be taken. The committee
shall deliver its opinion on the draft within a time limit which
the chairman may lay down according to the urgency of the
matter. The opinion shall be delivered by the majority laid
down in Article 205(2) of the Treaty in the case of decisions
which the Council is required to adopt on a proposal from the
Commission. The votes of the representatives of the Member
States within the committee shall be weighted in the manner
set out in that Article. The chairman shall not vote.

C 343/16

EN

Official Journal of the European Communities

30.11.1999

adoption

indicates,

is based,

of which

the European Parliament

the grounds on which it

in a resolution
3.
If
that draft
setting out
implementing measures,
is
the
contemplated and which have been submitted to the
to this Directive would exceed the
committee pursuant
the
implementing powers provided for
Commission shall re-examine the draft measures. Taking the
resolution into account and within the time limits of
the
procedure under way, the Commission may submit new draft
measures to the committee, continue with the procedure or
submit a proposal to the European Parliament and the Council
on the basis of the Treaty.

in this Directive,

The Commission shall inform the European Parliament and the
committee of
intends to take on the
resolution of the European Parliament and of its reasons for
doing so.

the action which it

4.
The Commission shall, without prejudice to paragraph 3,
adopt the measures envisaged if they are in accordance with
the opinion of the committee.

5.
If the measures envisaged are not in accordance with the
opinion of the committee, or if no opinion is delivered, the
Commission shall, without delay, submit
to the Council a
proposal relating to the measures to be taken and shall inform
the European Parliament.

If

6.
submitted by the Commission pursuant
exceeds
Directive, it shall inform the Council of its position.

the European Parliament considers that a proposal
to this Directive
in this

implementing powers provided for

the

7.
The Council may, where appropriate, in view of any such
position, act by qualified majority on the proposal, within a
period of
to the
Council.

three months from the date of referral

If within that period the Council has indicated by qualified
majority that it opposes the proposal, the Commission shall
to the
re-examine it.
Council, resubmit its proposal or present a legislative proposal
on the basis of the Treaty.

It may submit an amended proposal

If on the expiry of that period the Council has neither adopted
the proposed implementing act nor indicated its opposition to
the proposal
the proposed
implementing act shall be adopted by the Commission.

implementing measures,

for

(cid:151) Directive 75/440/EEC of 16 June 1975 concerning the
the

intended for
quality required of
abstraction of drinking water in the Member States (1),

surface water

(cid:151) Council Decision 77/795/EEC of 12 December 1977
establishing a common procedure for the exchange of
information on the quality of surface freshwater in the
Community (2),

(cid:151) Council Directive 79/869/EEC of 9 October 1979
concerning the methods of measurement and frequencies
of sampling and analysis of surface water intended for the
abstraction of drinking waters in the Member States (3).

The following shall be repealed with effect from 13 years

2.
after the date of entry into force of this Directive:

(cid:151) Council Directive 78/659/EEC of 18 July 1978 on the
quality of freshwaters needing protection or improvement
in order to support fish life (4),

(cid:151) Council Directive 79/923/EEC of 30 October 1979 on the

quality required of shellfish waters (5),

(cid:151) Council Directive 80/68/EEC of 17 December 1979 on the
protection of groundwater against pollution caused by
certain dangerous substances (6),

(cid:151) Directive 76/464/EEC, with the exception of Article 6,
which shall be repealed with effect from the entry into
force of this Directive.

The following transitional provisions

3.
Directive 76/464/EEC:

shall apply for

(a)

replace the list of

the priority list adopted under Article 16 of this Directive
shall
substances prioritised in the
Commission communication to the Council of 22 June
1982;

States may

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

the principles

for

Article 21

Repeals and transitional provisions

The following shall be repealed with effect from seven

1.
years after the date of entry into force of this Directive:

(1) OJ L 194, 25.7.1975, p. 26. Directive as last amended by Directive

91/692/EEC.

(2) OJ L 334, 24.12.1977, p. 29. Decision as last amended by the

1994 Act of Accession.

(3) OJ L 271, 29.10.1979, p. 44. Directive as last amended by the

1994 Act of Accession.

(4) OJ L 222, 14.8.1978, p. 1. Directive as last amended by the 1994

Act of Accession.

(5) OJ L 281, 10.11.1979, p. 47. Directive as last amended by

Directive 91/692/EEC (OJ L 377, 31.12.1991, p. 48).

(6) OJ L 20, 26.1.1980, p. 43.

30.11.1999

EN

Official Journal of the European Communities

C 343/17

4

The

objectives

in Article

environmental

4.
and
environmental quality standards established in Annex IX and
pursuant to Article 16(5), and by Member States under Annex
V for substances not on the priority list and under Article
16(6) in respect of priority substances for which Community
as
standards
environmental quality standards for the purposes of point 7 of
Article 2 and Article 10 of Directive 96/61/EC.

regarded

been

have

shall

not

set,

be

5. Where a substance on the priority list adopted under
Article 16 is not included in Annex VIII to this Directive or in
Annex III to Directive 96/61/EC, it shall be added thereto.

6.
For bodies of surface water, environmental objectives
river basin management plan
established under
required by this Directive shall, as a minimum, give effect to
quality standards at
least as stringent as those required to
implement Directive 76/464/EEC.

the first

Article 22

Penalties

Member States shall determine penalties applicable to breaches
of the national provisions adopted pursuant to this Directive.
The
effective,
proportionate and dissuasive.

provided

penalties

shall

thus

for

be

When Member States adopt these measures, they shall contain
a reference to this Directive or shall be accompanied by such a
reference on the occasion of
their official publication. The
methods of making such a reference shall be laid down by the
Member States.

2. Member States shall communicate to the Commission the
texts of the main provisions of national law which they adopt
in the field governed by this Directive. The Commission shall
inform the other Member States thereof.

Article 24

Entry into force

This Directive shall enter
publication in the Official Journal of the European Communities.

into force on the day of

its

Article 25

Addressees

This Directive is addressed to the Member States.

Article 23

Implementation

Done at (cid:133)

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive at the latest (cid:133) (*) They shall
fortwith inform the
Commission thereof.

For the European Parliament

For the Council

(cid:133)

The President

(cid:133)

The President

(*) Three years after the date of entry into force of this Directive.

C 343/18

EN

Official Journal of the European Communities

30.11.1999

ANNEX I

INFORMATION REQUIRED FOR THE LIST OF COMPETENT AUTHORITIES

As required under Article 3(8), the Member States shall provide the following information on all competent authorities
within each of its river basin districts as well as the portion of any international river basin district lying within their
territory.

(i) Name and address of the competent authority (cid:151) the official name and address of the authority identified under

Article 3(2).

(ii) Geographical coverage of the river basin district (cid:151) the names of the main rivers within the river basin district
together with a precise description of the boundaries of the river basin district. This information should as far as
possible be available for introduction into a geographic information system (GIS) and/or the geographic
information system for the Commission (GISCO).

(iii) Legal status of competent authority (cid:151) a description of the legal status of the competent authority and, where

relevant, a summary or copy of its statute, founding treaty or equivalent legal document.

(iv) Responsibilities (cid:151) a description of the legal and administrative responsibilities of each competent authority and of

its role within each river basin district.

(v) Membership (cid:151) where the competent authority acts as a coordinating body for other competent authorities, a list
is required of these bodies together with a summary of the institutional relationships established in order to ensure
coordination.

(vi)

International relationships (cid:151) where a river basin district covers the territory of more than one Member State or
includes the territory of non-Member States, a summary is required of the institutional relationships established in
order to ensure coordination.

30.11.1999

EN

Official Journal of the European Communities

C 343/19

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
differentiated according to type. These types are those defined using either (cid:145)system A(cid:146) or (cid:145)system B(cid:146)
identified in Section 1.2.

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

(iv) If system B is used, Member States must achieve at least the same degree of differentiation as would be
achieved using System A. Accordingly, the surface water bodies within the river basin district shall be
differentiated 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 differentiation shall be undertaken in
accordance with the descriptors for whichever of the surface water categories must 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 differentiation required under system A.

1.2.

Ecoregions and surface water body types

1.2.1. Rivers

S y s t e m A

Fixed typology

Descriptors

Ecoregion

Ecoregion shown on Map A in Annex XI

Type

Altitude typology:
high: > 800 m
mid-altitude: 200 to 800 m
lowland: < 200 m

Size typology based on catchment area:

small: 10 (cid:151) 100 km2
medium: > 100 to 1 000 km2
large: > 1 000 to 10 000 km2
very large: > 10 000 km2

Geology:

calcareous
siliceous
organic

C 343/20

EN

Official Journal of the European Communities

30.11.1999

S y s t e m B

Alternative characterisation

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

Obligatory factors

Altitude

Latitude

Longitude

Geology

Size

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

S y s t e m A

Fixed typology

Descriptors

Ecoregion

Ecoregions shown on Map A in Annex XI

Type

Altitude typology:
high: > 800 m
mid-altitude: 200 to 800 m
lowland: < 200 m

Depth typology based on mean depth:

< 3 m
3 m 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:

calcareous
siliceous
organic

30.11.1999

EN

Official Journal of the European Communities

C 343/21

S y s t e m B

Alternative characterisation

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

Obligatory factors

Altitude

Latitude

Longitude

Depth

Geology

Size

Optional factors

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

1.2.3. Transitional waters

S y s t e m A

Fixed typology

Descriptors

Ecoregion

The following as identified on Map B in Annex XI:

Baltic Sea

Barents Sea

Norwegian Sea

North Sea

North Atlantic Ocean

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

C 343/22

EN

Official Journal of the European Communities

30.11.1999

S y s t e m B

Alternative characterisation

Obligatory factors

Physical and chemical
transitional water and hence
composition

factors that determine the characteristics of

the
the biological population structure and

Latitude

Longitude

Tidal range

Salinity

Optional factors

Depth

Current velocity

Wave exposure

Residence time

Mean water temperature

Mixing characteristics

Turbidity

Mean substratum composition

Shape

Water temperature range

1.2.4. Coastal waters

S y s t e m A

Fixed typology

Descriptors

Ecoregion

The following as identified on Map B in Annex XI:

Baltic Sea

Barents Sea

Norwegian Sea

North Sea

North Atlantic Ocean

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

30.11.1999

EN

Official Journal of the European Communities

C 343/23

S y s t e m B

Alternative characterisation

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

Obligatory factors

Latitude

Longitude

Tidal range

Salinity

Optional factors

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)

each surface water body type

characterised in accordance with Section 1.1,

For
type-specific
hydromorphological and physico-chemical conditions shall be established representing the values of the
hydromorphological and physico-chemical 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 surface water body
references to high ecological status shall be construed as references to maximum ecological potential as
defined in Table 1.2.5 in Annex V. The values for maximum ecological potential for a water body shall be
reviewed every six years.

(iii) Type-specific conditions for the purposes of points (i) and (ii) 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 point (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, paleological 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.

C 343/24

EN

Official Journal of the European Communities

30.11.1999

(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.

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:

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 15 and 17 of Directive 91/271/EEC (1);

(ii) Articles 9 and 15 of Directive 96/61/EC;

and for the purposes of the initial river basin management plan:

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

(iv) Council Directives 75/440/EEC, 76/160/EEC (2), 78/659/EEC and 79/923/EEC (3);

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 Directive 91/676/EEC (4);

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

(iii) Directive 98/8/EC;

and for the purposes of the first river basin management plan:

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

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.

Estimation and identification of the impact of significant water flow regulation, including water transfer and
diversion, on overall flow characteristics and water balances.

Identification of significant morphological alterations to water bodies.

Estimation and identification of other significant anthropogenic impacts on the status of surface waters.

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.

(1) OJ L 135, 30.5.1991, p. 40. Directive as last amended by Directive 98/15/EC (OJ L 67, 7.3.1998, p. 29).
(2) OJ L 31, 5.2.1976, p. 1. Directive as last amended by the 1994 Act of Accession.
(3) OJ L 281, 10.11.1979, p. 47. Directive as amended by Directive 91/692/EEC (OJ L 377, 31.12.1991, p. 48).
(4) OJ L 375, 31.12.1991, p. 1.

30.11.1999

EN

Official Journal of the European Communities

C 343/25

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.

those bodies

For
characterisation shall, where relevant, be carried out
programmes required under Article 8, and the programmes of measures required under Article 11.

further
to optimise the design of both the monitoring

failing the environmental quality objectives,

identified as being at

risk of

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
artificial or modified characteristics of that body would affect:

(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;

(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
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 11. Accordingly, this characterisation shall include relevant information on the impact of human
activity and, where relevant, information on:

further characterisation of

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

C 343/26

EN

Official Journal of the European Communities

30.11.1999

(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 ore more Member States or are
identified following the initial characterisation undertaken in accordance with point 2.1 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,

(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:

(i)

surface water and associated terrestrial ecosystems;

(ii) water regulation, flood protection and land drainage;

(iii) human development.

30.11.1999

EN

Official Journal of the European Communities

C 343/27

ANNEX III

ECONOMIC ANALYSIS

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

(a) make the relevant calculations necessary for taking into account under Article 9 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, and

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

(b) 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 11 based on estimates of the potential costs of such measures.

C 343/28

EN

Official Journal of the European Communities

30.11.1999

ANNEX IV

PROTECTED AREAS

1. The register of protected areas required under Article 6 shall include the following types of protected areas:

(i)

areas designated for the abstraction of water intended for human consumption under Article 7;

(ii)

areas designated for the protection of economically significant aquatic species;

(iii) bodies of water designated as recreational waters, including areas designated as bathing waters under Directive

76/160/EEC;

(iv) nutrient-sensitive areas, including areas designated as vulnerable zones under Directive 91/676/EEC and areas

designated as sensitive areas under Directive 91/271/EEC; and

(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
Council Directive 92/43/EEC (1) and Directive 79/409/EEC (2).

2. The summary of the register required as part of the river basin management plan shall include maps indicating the
location of each protected area and a description of the Community, national or local legislation under which they
have been designated.

(1) OJ L 206, 22.7.1992, p. 7. Directive as last amended by Directive 97/62/EC (OJ L 305, 8.11.1997, p. 42).
(2) OJ L 103, 25.4.1979, p. 1. Directive as last amended by Directive 97/49/EC (OJ L 223, 13.8.1997, p. 9).

30.11.1999

EN

Official Journal of the European Communities

C 343/29

ANNEX V

1.

SURFACE WATER STATUS

1.1.

Quality elements for the classification of ecological status

1.1.1.

Rivers

1.1.2.

Lakes

1.1.3.

Transitional waters

1.1.4.

Coastal waters

1.1.5. Artificial and heavily modified surface water bodies

1.2.

Normative definitions of ecological status classifications

1.2.1. Definitions for high, good and moderate ecological status in rivers

1.2.2. Definitions for high, good and moderate ecological status in lakes

1.2.3. Definitions for high, good and moderate ecological status in transitional waters

1.2.4. Definitions for high, good and moderate ecological status in coastal waters

1.2.5. Definitions for maximum, good and moderate ecological potential for heavily modified or artificial water

bodies

1.2.6.

Procedure for the setting of chemical quality standards by Member States

1.3.

Monitoring of ecological status and chemical status for surface waters

1.3.1. Design of surveillance monitoring

1.3.2. Design of operational monitoring

1.3.3. Design of investigative monitoring

1.3.4.

Frequency of monitoring

1.3.5. Additional monitoring requirements for protected areas

1.3.6.

Standards for monitoring of quality elements

1.4.

Classification and presentation of ecological status

1.4.1.

Comparability of biological monitoring results

1.4.2.

Presentation of monitoring results and classification of ecological status and ecological potential

1.4.3.

Presentation of monitoring results and classification of chemical status

2.

GROUNDWATER

2.1.

Groundwater quantitative status

2.1.1.

Parameter for the classification of quantitative status

2.1.2. Definition of quantitative status

2.2.

Monitoring of groundwater quantitative status

2.2.1. Groundwater level monitoring network

2.2.2. Density of monitoring sites

2.2.3. Monitoring frequency

2.2.4.

Interpretation and presentation of groundwater quantitative status

2.3.

Groundwater chemical status

2.3.1.

Parameters for the determination of groundwater chemical status

2.3.2. Definition of good groundwater chemical status

2.4.

Monitoring of groundwater chemical status

2.4.1. Groundwater monitoring network

2.4.2.

Surveillance monitoring

2.4.3. Operational monitoring

2.4.4.

Identification of trends in pollutants

2.4.5.

Interpretation and presentation of groundwater chemical status

2.5.

Presentation of groundwater status

C 343/30

EN

Official Journal of the European Communities

30.11.1999

1.

SURFACE WATER STATUS

1.1.

Quality elements for the classification of ecological status

1.1.1.

Rivers

B i o l o g i c a l e l e m e n t s

Composition and abundance of aquatic flora

Composition and abundance of benthic invertebrate fauna

Composition, abundance and age structure of fish fauna

H y d r o m o r p h o l o g i c a l e l e m e n t s s u p p o r t i n g t h e b i o l o g i c a l e l e m e n t s

Hydrological regime:

(cid:151) quantity and dynamics of water flow,

(cid:151) connection to ground water bodies.

River continuity

Morphological conditions:

(cid:151) river depth and width variation,

(cid:151) structure and substrate of the river bed,

(cid:151) structure of the riparian zone.

C h e m i c a l a n d p h y s i c o - c h e m i c a l e l e m e n t s s u p p o r t i n g t h e b i o l o g i c a l e l e m e n t s

General:

(cid:151) thermal conditions,

(cid:151) oxygenation conditions,

(cid:151) salinity,

(cid:151) acidification status,

(cid:151) nutrient conditions.

Specific pollutants:

(cid:151) pollution by all priority substances identified as being discharged into the body of water,

(cid:151) pollution by other substances identified as being discharged in significant quantities into the body of

water.

1.1.2.

Lakes

B i o l o g i c a l e l e m e n t s

Composition, abundance and biomass of phytoplankton

Composition and abundance of other aquatic flora

Composition and abundance of benthic invertebrate fauna

Composition, abundance and age structure of fish fauna

30.11.1999

EN

Official Journal of the European Communities

C 343/31

H y d r o m o r p h o l o g i c a l e l e m e n t s s u p p o r t i n g t h e b i o l o g i c a l e l e m e n t s

Hydrological regime:

(cid:151) quantity and dynamics of water flow,

(cid:151) residence time,

(cid:151) connection to the ground water body.

Morphological conditions:

(cid:151) lake depth variation,

(cid:151) quantity, structure and substrate of the lake bed,

(cid:151) structure of the lake shore.

C h e m i c a l a n d p h y s i c o - c h e m i c a l e l e m e n t s s u p p o r t i n g t h e b i o l o g i c a l e l e m e n t s

General:

(cid:151) transparency,

(cid:151) thermal conditions,

(cid:151) oxygenation conditions,

(cid:151) salinity,

(cid:151) acidification status,

(cid:151) nutrient conditions.

Specific pollutants:

(cid:151) pollution by all priority substances identified as being discharged into the body of water,

(cid:151) pollution by other substances identified as being discharged in significant quantities into the body of

water.

1.1.3.

Transitional waters

B i o l o g i c a l e l e m e n t s

Composition, abundance and biomass of phytoplankton

Composition and abundance of other aquatic flora

Composition and abundance of benthic invertebrate fauna

Composition and abundance of fish fauna

H y d r o m o r p h o l o g i c a l e l e m e n t s s u p p o r t i n g t h e b i o l o g i c a l e l e m e n t s

Morphological conditions:

(cid:151) depth variation,

(cid:151) quantity, structure and substrate of the bed,

(cid:151) structure of the inter-tidal zone.

C 343/32

EN

Official Journal of the European Communities

30.11.1999

Tidal regime:

(cid:151) freshwater flow,

(cid:151) wave exposure.

C h e m i c a l a n d p h y s i c o - c h e m i c a l e l e m e n t s s u p p o r t i n g t h e b i o l o g i c a l e l e m e n t s

General:

(cid:151) transparency,

(cid:151) thermal conditions,

(cid:151) oxygenation conditions,

(cid:151) salinity,

(cid:151) nutrient conditions.

Specific pollutants:

(cid:151) pollution by all priority substances identified as being discharged into the body of water,

(cid:151) pollution by other substances identified as being discharged in significant quantities into the body of

water.

1.1.4.

Coastal waters

B i o l o g i c a l e l e m e n t s

Composition, abundance and biomass of phytoplankton

Composition and abundance of other aquatic flora

Composition and abundance of benthic invertebrate fauna

H y d r o m o r p h o l o g i c a l e l e m e n t s s u p p o r t i n g t h e b i o l o g i c a l e l e m e n t s

Morphological conditions:

(cid:151) depth variation,

(cid:151) structure and substrate of the coastal bed,

(cid:151) structure of the inter-tidal zone.

Tidal regime:

(cid:151) direction of dominant currents,

(cid:151) wave exposure.

C h e m i c a l a n d p h y s i c o - c h e m i c a l e l e m e n t s s u p p o r t i n g t h e b i o l o g i c a l e l e m e n t s

General:

(cid:151) transparency,

(cid:151) thermal conditions,

(cid:151) oxygenation conditions,

(cid:151) salinity,

(cid:151) nutrient conditions.

30.11.1999

EN

Official Journal of the European Communities

C 343/33

Specific pollutants:

(cid:151) pollution by all priority substances identified as being discharged into the body of water,

(cid:151) pollution by other substances identified as being discharged in significant quantities into the body of

water.

1.1.5. Artificial and heavily modified surface water bodies

The quality elements applicable to artificial and heavily modified surface water bodies shall be those applicable
to whichever of the four natural surface water categories above most closely resembles the heavily modified or
artificial water body concerned.

1.2.

Normative definitions of ecological status classifications

General definition for rivers, lakes transitional waters and coastal waters

Table 1.2.

The following text provides the general definition of ecological quality. For the purposes of classification the values for the quality elements for ecological status for each surface water category are those given
in Tables 1.2.1-1.2.4 below.

Element

High status

Good status

Moderate status

General

There are no, or only very minor, anthropogenic
the physico-chemical and
alterations to the values of
hydromorphological quality elements
the surface
water body type from those normally associated with
that type under undisturbed conditions.

for

The values of
the biological quality elements for the
surface water body type show low levels of distortion
resulting from human activity, but deviate only slightly
from those normally associated with the surface water
body type under undisturbed conditions.

The values of
the biological quality elements for the
surface water body reflect those normally associated with
that type under undisturbed conditions, and show no, or
only very minor, evidence of distortion.

These are the type-specific conditions and communities.

Waters achieving a status below moderate shall be classified as poor or bad.

the biological quality elements for

The values of
the
surface water body type deviate moderately from those
normally associated with the surface water body type
under undisturbed conditions. The values show moderate
signs of distortion resulting from human activity and are
significantly more disturbed than under conditions of good
status.

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.

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.

C

3
4
3
/
3
4

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

.

3
0
1
1
1
9
9
9

.

Biological quality elements

Table 1.2.1.

Definitions for high, good and moderate ecological status in rivers

Element

High status

Good status

Moderate status

.

3
0
1
1
1
9
9
9

.

Phytoplankton

Macrophytes and
phytobenthos

taxonomic

composition

phytoplankton
totally or nearly totally to undisturbed

of

The
corresponds
conditions.

average phytoplankton

is wholly
The
consistent with
physico-chemical
conditions and is not such as to significantly alter the
type-specific transparency conditions.

type-specific

abundance

the

Planktonic blooms occur at a frequency and intensity
which
type-specific
physico-chemical conditions.

consistent

with

the

is

taxonomic

The
nearly totally to undisturbed conditions.

composition corresponds

totally or

are no detectable

There
macrophytic and the average phytobenthic abundance.

changes

in the

average

in the
taxa

changes
slight
of planktonic

composition and
There are
abundance
the
type-specific communities. Such changes do not indicate
any accelerated growth of algae resulting in undesirable
disturbances to the balance of organisms present in the
water body or to the physico-chemical quality of the
water or sediment.

compared

to

A slight increase in the frequency and intensity of the
type-specific planktonic blooms may occur.

in the

changes

type-specific

and phytobenthic
communities.

composition and
slight
There are
taxa
abundance of macrophytic
Such
compared to the
changes do not
indicate any accelerated growth of
phytobenthos or higher forms of plant life resulting in
undesirable disturbances to the balance of organisms
present in the water body or to the physico-chemical
quality of the water or sediment.

The phytobenthic community is not adversely affected
by bacterial tufts and coats present due to anthropogenic
activity.

Benthic invertebrate
fauna

The taxonomic composition and abundance correspond
totally or nearly totally to undisturbed conditions.

The ratio of disturbance sensitive taxa to insensitive taxa
shows no signs of alteration from undisturbed levels.

The level of diversity of invertebrate taxa shows no sign
of alteration from undisturbed levels.

There are
abundance of
communities.

slight

changes

composition and
invertebrate taxa from the type-specific

in the

The ratio of disturbance sensitive taxa to insensitive taxa
shows slight alteration from type-specific levels.

The level of diversity of invertebrate taxa shows slight
signs of alteration from type-specific levels.

The composition of planktonic taxa differs moderately
from the type-specific communities.

Abundance is moderately disturbed and may be such as to
produce a significant undesirable disturbance in the values
of other biological and physico-chemical quality elements.

A moderate increase in the frequency and intensity of
planktonic blooms may occur. Persistent blooms may
occur during summer months.

The composition of macrophytic and phytobenthic taxa
differs moderately from the type-specific community and is
significantly more distorted than at good status.

Moderate changes in the average macrophytic and the
average phytobenthic abundance are evident.

The phytobenthic community may be interfered with and,
in some areas, displaced by bacterial
tufts and coats
present as a result of anthropogenic activities.

The composition and abundance of invertebrate taxa differ
moderately from the type-specific communities.

Major taxonomic groups of the type-specific community
are absent.

The ratio of disturbance sensitive taxa to insentitive taxa,
and the level of diversity, are substantially lower than the
type-specific level and significantly lower than for good
status.

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

C

3
4
3
/
3
5

Element

High status

Good status

Moderate status

Fish fauna

Species composition and abundance correspond totally
or nearly totally to undisturbed conditions.

the type-specific disturbance sensitive species are

All
present.

The age structures of the fish communities show little
sign of anthropogenic disturbance and are not indicative
of a failure in the reproduction or development of any
particular species.

are

slight

changes

There
and abundance
attributable
chemical and hydromorphological quality elements.

in species
from the type-specific

composition
communities
impacts on physico-

to anthropogenic

fish species differ
The composition and abundance of
moderately from the type-specific communities attributable
to
or
hydromorphological quality elements.

physico-chemical

anthropogenic

impacts

on

attributable

the fish communities

The age structures of
show
to anthropogenic
signs of disturbance
impacts on physico-chemical or hydromorphological
are
quality
in
or
the
indicative
in
development of a particular
to the extent
species,
that some age classes may be missing.

few instances,
reproduction

elements,
a
of

and,
failure

a

The age structure of the fish communities shows major
signs of anthropogenic disturbance, to the extent that a
moderate proportion of the type-specific species are absent
or of very low abundance.

Hydromorphological quality elements

Element

High status

Good status

Moderate status

Hydrological regime

The quantity and dynamics of flow, and the resultant
connection to groundwaters, reflect
totally, or nearly
totally, undisturbed conditions.

Conditions consistent with the achievement of the values
specified above for the biological quality elements.

Conditions consistent with the achievement of the values
specified above for the biological quality elements.

River continuity

continuity of

The
anthropogenic
migration of aquatic organisms and sediment transport.

is not disturbed by
undisturbed

the
activities

river
and

allows

Conditions consistent with the archievement of
the
values specified above for the biological quality elements.

Conditions consistent with the achievement of the values
specified above for the biological quality elements.

Morphological
conditions

Channel patterns, width and depth variations,
flow
velocities, substrate conditions and both the structure
and condition of the riparian zones correspond totally or
nearly totally to undisturbed conditions.

Conditions consistent with the achievement of the values
specified above for the biological quality elements.

Conditions consistent with the achievement of the values
specified above for the biological quality elements.

C

3
4
3
/
3
6

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

.

3
0
1
1
1
9
9
9

.

Physico-chemical quality elements (1)

Element

High status

Good status

Moderate status

General
conditions

The values of the physico-chemical elements correspond
totally or nearly totally to undisturbed conditions.

Nutrient
the
normally associated with undisturbed conditions.

remain within

concentrations

range

Temperature, oxygen balance, pH, acid neutralising
capacity and salinity do not reach levels outside the
range established so as to ensure the functioning of the
type-specific ecosystem and the achievement of
the
values specified above for the biological quality elements.

Conditions consistent with the achievement of the values
specified above for the biological quality elements.

Levels of salinity, pH, oxygen balance, acid neutralising
capacity and temperature do not
show signs of
anthropogenic disturbance and remain with the range
normally associated with undisturbed conditions.

concentrations do not

levels
Nutrient
established so as
the
ecosystem and the achievement of the values specified
above for the biological quality elements.

to ensure the functioning of

exceed the

Specific synthetic
pollutants

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

Concentrations not
in
in excess of
accordance with the procedure detailed in Section 1.2.6
without prejudice to Directive 91/414/EEC and Directive
98/8/EC (< eqs).

the standards set

Conditions consistent with the achievement of the values
specified above for the biological quality elements.

Specific non-synthetic
pollutants

Concentrations
associated with undisturbed conditions
levels = bgl).

remain within the

range normally
(background

in
in excess of
Concentrations not
accordance with the procedure detailed in Section 1.2.6
without prejudice to Directive 91/414/EEC and Directive
98/8/EC (< eqs).

the standards set

Conditions consistent with the achievement of the values
specified above for the biological quality elements.

(1) The following abbreviations are used: bgl = background level, eqs = environmental quality standard.
(2) Application of the standards derived under this Protocol shall not require reduction of pollutant concentrations below (eqs > bgl).

.

3
0
1
1
1
9
9
9

.

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

C

3
4
3
/
3
7

Biological quality elements

Table 1.2.2.

Definitions for high, good and moderate ecological status in lakes

Element

High status

Good status

Moderate status

Phytoplankton

Macrophytes and
phytobenthos

taxonomic

The
of
phytoplankton correspond totally or nearly totally to
undisturbed conditions.

composition

abundance

and

The average phytoplankton biomass is consistent with
the type-specific physico-chemical conditions and is not
such as
specific
to
transparency conditions.

significantly

alter

type

the

Planktonic blooms occur at a frequency and intensity
specific
which
physico-chemical conditions.

consistent

with

type

the

is

taxonomic

The
nearly totally to undisturbed conditions.

composition corresponds

totally or

are no detectable

There
macrophytic and the average phytobenthic abundance.

changes

in the

average

in the
taxa

slight
changes
of planktonic

composition and
There are
abundance
the
type-specific communities. Such changes do not indicate
any accelerated growth of algae resulting in undesirable
disturbance to the balance of organisms present in the
water body or to the physico-chemical quality of the
water or sediment.

compared

to

A slight increase in the frequency and intensity of the
type specific planktonic blooms may occur.

in the

changes

type-specific

and phytobenthic
communities.

composition and
There are
slight
taxa
abundance of macrophytic
Such
compared to the
changes do not
indicate any accelerated growth of
phytobenthos or higher forms of plant life resulting in
undesirable disturbance to the balance of organisms
present in the water body or to the physico-chemical
quality of the water.

The phytobenthic community is not adversely affected
by bacterial tufts and coats present due to anthropogenic
activity.

The composition and abundance of planktonic taxa differ
moderately from the type-specific communities.

Biomass is moderately disturbed and may be such as to
in the
produce a significant undesirable disturbance
condition of other biological quality elements and the
physico-chemical quality of the water or sediment.

A moderate increase in the frequency and intensity of
planktonic blooms may occur. Persistent blooms may
occur during summer months.

The composition of macrophytic and phytobenthic taxa
differ moderately from the type-specific communities and
are significantly more distorted than those observed at
good quality.

Moderate changes in the average macrophytic and the
average phytobenthic abundance are evident.

The phytobenthic community may be interfered with and,
tufts and coats
in some areas, displaced by bacterial
present as a result of anthropogenic activities.

C

3
4
3
/
3
8

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

Benthic invertebrate
fauna

The taxonomic composition and abundance correspond
totally or nearly totally to the undisturbed conditions.

The ratio of disturbance sensitive taxa to intensive taxa
shows no signs of alteration from undisturbed levels.

The level of diversity of invertebrate taxa shows no sign
of alteration from undisturbed levels.

slight

There are
abundance of
type-specific communities.

changes
invertebrate

in the
taxa

composition and
compared to the

The composition and abundance of invertebrate taxa differ
moderately from the type-specific conditions.

The ratio of disturbance sensitive taxa to insensitive taxa
shows slight signs of alteration from type specific levels.

The level of diversity of invertebrate taxa shows slight
signs of alteration from type-specific levels.

Major taxonomic groups of the type-specific community
are absent.

The ratio of disturbance sensitive to insensitive taxa, and
the level of diversity, are substantially lower than the type
specific level and significantly lower than for good status.

.

3
0
1
1
1
9
9
9

.

Element

High status

Good status

Moderate status

Fish fauna

Species composition and abundance correspond totally
or nearly totally to undisturbed conditions.

All the type-specific sensitive species are present.

The age structures of the fish communities show little
sign of anthropogenic disturbance and are not indicative
of a failure in the reproduction or development of a
particular species.

There are slight changes in species composition and
communities
type
abundance
from the
specific
attributable
impacts on physico-
to anthropogenic
chemical or hydromorphological quality elements.

attributable

the fish communities

show
The age structures of
signs of disturbance
to anthropogenic
impacts on physico-chemical or hydromorphological
are
quality
in
or
the
indicative
in
development of a particular
to the extent
species,
that some age classes may be missing.

few instances,
reproduction

elements,
a
of

and,
failure

a

The composition and abundance of
fish species differ
moderately from the type specific communities attributable
to
or
hydromorphological quality elements.

physico-chemical

anthropogenic

impacts

on

The age structure of the fish communities shows major
signs of disturbance, attributable to anthropogenic impacts
quality
on
elements, to the extent that a moderate proportion of the
type specific species are absent or of very low abundance.

hydromorphological

physico-chemical

or

Hydromorphological quality elements

Element

High status

Good status

Moderate status

Hydrological regime

The quantity and dynamics of flow, level, residence time,
and the resultant connection to groundwaters, reflect
totally or nearly totally undisturbed conditions.

Conditions consistent with the achievement of the values
specified above for the biological quality elements.

Conditions consistent with the achievement of the values
specified above for the biological quality elements.

Morphological
conditions

Lake depth variation, quantity and structure of
the
substrate, and both the structure and condition of the
lake shore zone correspond totally or nearly totally to
undisturbed conditions.

Conditions consistent with the achievement of the values
specified above for the biological quality elements.

Conditions consistent with the achievement of the values
specified above for the biological quality elements.

.

3
0
1
1
1
9
9
9

.

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

C

3
4
3
/
3
9

Physico-chemical quality elements (1)

Element

High status

Good status

Moderate status

General
conditions

The values of physico-chemical elements correspond
totally or nearly totally to undisturbed conditions.

Nutrient
the
normally associated with undisturbed conditions.

remain within

concentrations

range

Levels of salinity, pH, oxygen balance, acid neutralising
capacity,
transparency and temperature do not show
signs of anthropogenic disturbance and remain within
the
undisturbed
range
conditions.

associated with

normally

Temperature, oxygen balance, pH, acid neutralising
capacity, transparency and salinity do not reach levels
to ensure the
outside the range established so as
functioning of the ecosystem and the achievement of the
values specified above for the biological quality elements.

Conditions consistent with the achievement of the values
specified above for the biological quality elements.

concentrations do not

levels
Nutrient
established so as
the
ecosystem and the achievement of the values specified
above for the biological quality elements.

to ensure the functioning of

exceed the

Specific synthetic
pollutants

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

Concentrations not
in
in excess of
accordance with the procedure detailed in Section 1.2.6
without prejudice to Directive 91/414/EEC and Directive
98/8/EC (< eqs).

the standards set

Conditions consistent with the achievement of the values
specified above for the biological quality elements.

Specific non-synthetic
pollutants

Concentrations
associated with undisturbed conditions
levels = bgl).

remain within the

range normally
(background

in
in excess of
Concentrations not
accordance with the procedure detailed in Section
1.2.6 (2) without prejudice to Directive 91/414/EEC and
Directive 98/8/EC (< eqs).

the standards set

Conditions consistent with the achievement of the values
specified above for the biological quality elements.

(1) The following abbreviations are used: bgl = background level, eqs = environmental quality standard.
(2) Application of the standards derived under this Protocol shall not require reduction of pollutant concentrations below background levels.

C

3
4
3
/
4
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

.

3
0
1
1
1
9
9
9

.

Biological quality elements

Definitions for high, good and moderate ecological status in transitional waters

Table 1.2.3.

Element

High status

Good status

Moderate status

.

3
0
1
1
1
9
9
9

.

Phytoplankton

composition

the
The
phytoploanktonic taxa are consistent with undisturbed
conditions.

abundance

and

of

The average phytoplankton biomass is consistent with
the type-specific physico-chemical conditions and is not
such
type-specific
to
transparency conditions.

significantly

alter

the

as

Planktonic blooms occur at a frequency and intensity
which
type-specific
physico-chemical conditions.

consistent

with

the

is

Macroalgae

The composition of macroalgal taxa is consistent with
undisturbed conditions.

There are no detectable changes in macroalgal cover due
to anthropogenic activities.

Angiosperms

taxonomic

The
nearly totally to undisturbed conditions.

composition corresponds

totally or

are no detectable

There
abundance due to anthropogenic activities.

changes

in angiosperm

There are
abundance of phytoplanktonic taxa.

changes

slight

in the

composition and

The composition and abundance of phytoplanktonic taxa
differ moderately from type-specific conditions.

There are slight changes in biomass compared to the
type-specific conditions. Such changes do not indicate
any accelerated growth of algae resulting in undesirable
disturbance to the balance of organisms present in the
water body or to the physico-chemical quality of the
water.

A slight increase in the frequency and intensity of the
type-specific planctonic blooms may occur.

Biomass is moderately disturbed and may be such as to
produce a significant undesirable disturbance
in the
condition of other biological quality elements.

A moderate increase in the frequency and intensity of
planktonic blooms may occur. Persistent blooms may
occur during summer months.

slight

in the
taxa

composition and
There are
changes
abundance of macroalgal
to the
type-specific communities. Such changes do not indicate
any accelerated growth of phytobenthos or higher forms
of plant life resulting in undesirable disturbance to the
balance of organisms present in the water body or to the
physico-chemical quality of the water.

compared

The composition of macroalgal
taxa differs moderately
from type-specific conditions and is significantly more
distorted than at good quality.

Moderate changes in the average macroalgal abundance are
evident and may be such as to result in an undesirable
disturbance to the balance of organisms present in the
water body.

There
slight
are
angiosperm taxa
communities.

changes
compared

in the
to

composition of
type-specific

the

The composition of the angiosperm taxa differs moderately
from the type-specific communities and is significantly
more distorted than at good quality.

Angiosperm abundance
disturbance.

shows

slight

signs

of

There are moderate distortions
angiosperm taxa.

in the abundance of

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

C

3
4
3
/
4
1

Element

High status

Good status

Moderate status

Benthic invertebrate
fauna

The level of diversity and abundance of invertebrate taxa
is within the range normally associated with undisturbed
conditions.

The level of diversity and abundance of invertebrate taxa
is
associated with the
slightly outside
type-specific conditions.

range

the

The level of diversity and abundance of invertebrate taxa is
moderately
the
type-specific conditions.

associated with

outside

range

the

the disturbance

All
undisturbed conditions are present.

sensitive

taxa

associated with

of

Most
sensitive
the
communities are present.

taxa

of

the

type-specific

Taxa indicative of pollution are present.

Many of the sensitive taxa of the type-specific communities
are absent.

Fish fauna

Species composition and abundance is consistent with
undisturbed conditions.

the disturbance sensitive species
The abundance of
shows
signs of distortion from type-specific
slight
conditions attributable to anthropogenic impacts on
physico-chemical
quality
elements.

hydromorphological

or

A moderate proportion of
the type-specific disturbance
sensitive species are absent as a result of anthropogenic
impacts on physico-chemical or hydromorphological
quality elements.

Hydromorphological quality elements

Element

High status

Good status

Moderate status

Tidal regime

The freshwater flow regime corresponds totally or nearly
totally to undisturbed conditions.

Conditions consistent with the achievement of the values
specified above for the biological quality elements

Conditions consistent with the achievement of the values
specified above for the biological quality elements.

C

3
4
3
/
4
2

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

Morphological
conditions

Depth variations, substrate conditions, and both the
structure
zones
correspond totally or nearly totally to undisturbed
conditions.

condition of

inter-tidal

and

the

Conditions consistent with the achievement of the values
specified above for the biological quality elements.

Conditions consistent with the achievement of the values
specified above for the biological quality elements.

.

3
0
1
1
1
9
9
9

.

Physico-chemical quality elements (1)

Element

High status

Good status

Moderate status

General
conditions

Physico-chemical elements correspond totally or nearly
totally to undisturbed conditions.

Nutrient
the
normally associated with undisturbed conditions.

remain within

concentrations

range

Temperature, oxygenation conditions and transparency
do not reach levels outside the ranges established so as
the ecosystem and the
to ensure the functioning of
achievement of
the
biological quality elements.

specified above for

the values

Conditions consistent with the achievement of the values
specified above for the biological quality elements.

Temperature, oxygen balance and transparency do not
show signs of anthropogenic disturbance and remain
within the range normally associated with undisturbed
conditions.

concentrations do not

levels
Nutrient
established so as
the
ecosystem and the achievement of the values specified
above for the biological quality elements.

to ensure the functioning of

exceed the

Specific synthetic
pollutants

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

Concentrations not
in
in excess of
accordance with the procedure detailed in Section 1.2.6
without prejudice to Directive 91/414/EEC and Directive
98/8/EC (< eqs).

the standards set

Conditions consistent with the achievement of the values
specified above for the biological quality elements.

Specific non-synthetic
pollutants

Concentrations
associated with undisturbed conditions
levels = bgl).

remain within the

range normally
(backgound

Concentrations not
in
in excess of
accordance with the procedure detailed in Section
1.2.6 (2) without prejudice to Directive 91/414/EEC and
Directive 98/8/EC (< eqs).

the standards set

Conditions consistent with the achievement of the values
specified above for the biological quality elements.

(1) The following abbreviations are used: bgl = background level, eqs = environmental quality standard.
(2) Application of the standards derived under this Protocol shall not require reduction of pollutant concentrations below background levels.

.

3
0
1
1
1
9
9
9

.

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

C

3
4
3
/
4
3

Biological quality elements

Definitions for high, good and moderate ecological status in coastal waters

Table 1.2.4.

Element

High status

Good status

Moderate status

Phytoplankton

The composition and abundance of phytoplanktonic taxa
are consistent with undisturbed conditions.

The composition and abundance of phytoplanktonic taxa
show slight signs of disturbance.

The composition and abundance of planktonic taxa show
signs of moderate disturbance.

The average phytoplankton biomass is consistent with
the type-specific physico-chemical conditions and is
the type-specific
not
transparancy conditions.

to significantly alter

such as

Planktonic blooms occur at a frequency and intensity
which is consistent with the type-specific physico-
chemical conditions.

There are slight changes
in biomass compared to
type-specific conditions. Such changes do not indicate
any accelerated growth of algae resulting in undesirable
disturbance to the balance of organisms present in the
water body or to the quality of the water.

A slight increase in the frequency and intensity of the
type-specific planktonic blooms may occur.

Algal biomass is substantially outside the range associated
with type-specific conditions, and is such as to impact
upon other biological quality elements.

A moderate increase in the frequency and intensity of
planktonic blooms may occur. Persistent blooms may
occur during summer months.

Macroalgae and
angiosperms

All disturbance sensitive macroalgal and angiosperm taxa
associated with undisturbed conditions are present.

Most disturbance sensitive macroalgal and angiosperm
taxa associated with undisturbed conditions are present.

levels of macroalgal

The
abundance are consistent with undisturbed conditions.

cover

angiosperm

and

level

The
and
of macroalgal
abundance show slight signs of disturbance.

cover

angiosperm

number

A moderate
macroalgal
undisturbed conditions are absent.

and

angiosperm taxa

the

of

disturbance

sensitive
associated with

Macroalgal cover and angiosperm abundance is moderately
disturbed and may be such as to result in an undesirable
disturbance to the balance of organisms present in the
water body.

Benthic invertebrate
fauna

The level of diversity and abundance of invertebrate taxa
is within the range normally associated with undisturbed
conditions.

The level of diversity and abundance of invertebrate taxa
associated with the
slightly outside
is
type-specific conditions.

range

the

The level of diversity and abundance of invertebrate taxa is
the
moderately
type-specific conditions.

associated with

outside

range

the

the disturbance

All
undisturbed conditions are present.

sensitive

taxa

associated with

of

Most
sensitive
the
communities are present.

taxa

of

the

type-specific

Taxa indicative of pollution are present.

Many of the sensitive taxa of the type-specific communities
are absent.

C

3
4
3
/
4
4

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

.

3
0
1
1
1
9
9
9

.

Hydromorphological quality elements

Element

High status

Good status

Moderate status

Tidal regime

Morphological
conditions

The freshwater flow regime and the direction and speed
of dominant currents correspond totally or nearly totally
to undisturbed conditions.

Conditions consistent with the achievement of the values
specified above for the biological quality elements.

Conditions consistent with the achievement of the values
specified above for the biological quality elements.

structure and substrate of

the
The depth variation,
coastal bed, and both the structure and condition of the
intertidal zones correspond totally or nearly totally to
the undisturbed conditions.

Conditions consistent with the achievement of the values
specified above for the biological quality elements.

Conditions consistent with the achievement of the values
specified above for the biological quality elements.

Physico-chemical quality elements (1)

Element

High status

Good status

Moderate status

General conditions

The physico-chemical elements correspond totally or
nearly totally to undisturbed conditions.

the
Nutrient
normally associated with undisturbed conditions.

remain within

concentrations

range

Temperature, oxygenation conditions and transparency
do not reach levels outside the ranges established so as
the ecosystem and the
to ensure the functioning of
achievement of
the
biological quality elements.

specified above for

the values

Conditions consistent with the achievement of the values
specified above for the biological quality elements.

Temperature, oxygen balance and transparency do not
show signs of anthropogenic disturbance and remain
within the ranges normally associated with undisturbed
conditions.

concentrations do not

levels
Nutrient
established so as
the
ecosystem and the achievement of the values specified
above for the biological quality elements.

to ensure the functioning of

exceed the

Specific synthetic
pollutants

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

in
in excess of
Concentrations not
accordance with the procedure detailed in Section 1.2.6
without prejudice to Directive 91/414/EEC and Directive
98/8/EC (< eqs).

the standards set

Conditions consistent with the achievement of the values
specified above for the biological quality elements.

Specific non-synthetic
pollutants

Concentrations
associated with undisturbed conditions
levels = bgl).

remain within the

range normally
(background

Concentrations not
in
in excess of
accordance with the procedure detailed in Section
1.2.6 (2) without prejudice to Directive 91/414/EEC and
Directive 98/8/EC (< eqs).

the standards set

Conditions consistent with the achievement of the values
specified for the biological quality elements.

The following abbreviations are used: bgl = background level, eqs = environmental quality standard.

(1)
(2) Application of the standards derived under this Protocol shall not require reduction of pollutant concentrations below background levels.

.

3
0
1
1
1
9
9
9

.

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

C

3
4
3
/
4
5

Definitions for maximum, good and moderate ecological potential for heavily modified or artificial water bodies (1)

Table 1.2.5.

Element

Maximum ecological potential

Good ecological potential

Moderate ecological potential

Biological quality
elements

The values of the relevant biological quality elements
reflect, as far as possible,
those associated with the
closest comparable surface water body type, given the
physical conditions which result from the artificial or
heavily modified characteristics of the water body.

There are slight changes in the values of the relevant
biological quality elements as compared to the values
found at maximum ecological potential.

There are moderate changes in the values of the relevant
biological quality elements as compared to the values
found at maximum ecological potential.

These values are significantly more distorted than those
found under good quality.

Hydromorphological
elements

The hydromorphological conditions are consistent with
the only impacts on the surface water body being those
resulting
or heavily modified
artificial
characteristics of
the water body once all practicable
mitigation measures having been taken.

from the

Conditions consistent with the achievement of the values
specified above for the biological quality elements.

Conditions consistent with the achievement of the values
specified above for the biological quality elements.

Physico-chemical
elements

General conditions

Physico-chemical elements correspond totally or nearly
totally to the undisturbed conditions associated with the
surface water body type most closely comparable to the
artificial or heavily modified body concerned.

The values for physico-chemical elements are within the
ranges established so as to ensure the functioning of the
ecosystem and the achievement of the values specified
above for the biological quality elements.

Conditions consistent with the achievement of the values
specified above for the biological quality elements.

C

3
4
3
/
4
6

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

Nutrient
normally associated with such undisturbed conditions.

remain within

concentrations

the

range

The levels of temperature, oxygen balance and pH are
consistent with the those found in the most closely
comparable surface water body types under undisturbed
conditions.

Temperature and pH do not reach levels outside the
ranges established so as to ensure the functioning of the
ecosystem and the achievement of the values specified
above for the biological quality elements.

concentrations do not

levels
Nutrient
established so as
the
ecosystem and the achievement of the values specified
above for the biological quality elements.

to ensure the functioning of

exceed the

.

3
0
1
1
1
9
9
9

.

Element

Maximum ecological potential

Good ecological potential

Moderate ecological potential

Specific synthetic
pollutants

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

Concentrations not
in
in excess of
accordance with the procedure detailed in Section 1.2.6
without prejudice to Directive 91/414/EEC and Directive
98/8/EC (< eqs).

the standards set

Conditions consistent with the achievement of the values
specified above for the biological quality elements.

Specific non-synthetic
pollutants

Concentrations
range normally
remain within the
associated with the undisturbed conditions found in the
surface water body type most closely comparable to the
artificial
concerned
or
(background levels = bgl).

heavily modified

body

Concentrations not
in
in excess of
accordance with the procedure detailed in Section
1.2.6 (2) without prejudice to Directive 91/414/EEC and
Directive 98/8/EC (< eqs).

the standards set

Conditions consistent with the achievement of the values
specified above for the biological quality elements.

The following abbreviations are used: bgl = background level, eqs = environmental quality standard.

(1)
(2) Application of the standards derived under this Protocol shall not require reduction of pollutant concentrations below background levels.

.

3
0
1
1
1
9
9
9

.

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

C

3
4
3
/
4
7

C 343/48

EN

Official Journal of the European Communities

30.11.1999

1.2.6.

Procedure for the setting of chemical quality standards by Member States

In deriving environmental quality standards for pollutants listed in points 1(cid:150)9 of Annex VIII for the protection
of aquatic biota, Member States shall act in accordance with the following provisions. Standards may be set for
water, sediment or biota.

Where possible, both acute and chronic data shall be obtained for the taxa set out below which are relevant
for the water body type concerned as well as any other aquatic taxa for which data are available. The (cid:145)base set(cid:146)
of taxa are:

(cid:151) algae and/or macrophytes,

(cid:151) daphnia or representative organisms for saline waters,

(cid:151) fish.

S e t t i n g t h e e n v i r o n m e n t a l q u a l i t y s t a n d a r d

The following procedure applies to the setting of a maximum annual average concentration:

(i) Member States shall set appropriate safety factors in each case consistent with the nature and quality of
the available data and the guidance given in Section 3.3.1 of Part II of (cid:145)Technical guidance document in
support of Commission Directive 93/67/EEC on risk assessment
for new notified substances and
Commission Regulation (EC) No 1488/94 on risk assessment for existing substances(cid:146) and the safety factors
set out in the table below:

Safety factor

At least one acute L(E)C50 from each of three trophic levels of the base-set

1 000

One chronic NOEC (either fish or daphnia or a representative organism for
saline waters)

100

Two chronic NOECs from species representing two trophic levels (fish and/or
daphnia or a representative organism for saline waters and/or algae)

50

Chronic NOECs from at
three species (normally fish, daphnia or a
representative organism for saline waters and algae) representing three trophic
levels

least

10

Other cases,
precise safety factors to be calculated and applied

including field data or model ecosystems, which allow more

Case by case assessment

(ii) where data on persistence and bioaccumulation are available, these shall be taken into account in deriving

the final value of the environmental quality standard;

(iii) the standard thus derived should be compared with any evidence from field studies. Where anomalies

appear, the derivation shall be reviewed to allow a more precise safety factor to be calculated;

(iv) the standard derived shall be subject to peer review and public consultation including to allow a more

precise safety factor to be calculated.

30.11.1999

EN

Official Journal of the European Communities

C 343/49

1.3.

Monitoring of ecological status and chemical status for surface waters

The surface water monitoring network shall be established in accordance with the requirements of Article 8.
The monitoring network shall be designed so as to provide a coherent and comprehensive overview of
ecological and chemical status within each river basin and shall permit classification of water bodies into five
classes consistent with the normative definitions in Section 1.2. Member States shall provide a map or maps
showing the surface water monitoring network in the river basin management plan.

On the basis of the characterisation and impact assessment carried out in accordance with Article 5 and
Annex II, Member States shall for each period to which a river basin management plan applies, establish a
surveillance monitoring programme and an operational monitoring programme. Member States may also need
in some cases to establish programmes of investigative monitoring.

Member States shall monitor parameters which are indicative of the status of each relevant quality element. In
selecting parameters for biological quality elements, Member States shall identify the appropriate taxonomic
level required to achieve adequate confidence and precision in the classification of the quality elements.
Estimates of the level of confidence and precision of the results provided by the monitoring programmes shall
be given in the plan.

1.3.1. Design of surveillance monitoring

O b j e c t i v e

Member States shall establish surveillance monitoring programmes to provide information for:

(cid:151) supplementing and validating the impact assessment procedure detailed in Annex II,

(cid:151) the efficient and effective design of future monitoring programmes,

(cid:151) the assessment of long-term changes in natural conditions, and

(cid:151) the assessment of long-term changes resulting from widespread anthropogenic activity.

The results of such monitoring shall be reviewed and used,
in combination with the impact assessment
procedure described in Annex II, to determine requirements for monitoring programmes in the current and
subsequent river basin management plans.

S e l e c t i o n o f m o n i t o r i n g p o i n t s

Surveillance monitoring shall be carried out of sufficient surface water bodies to provide an assessment of the
overall surface water status within each catchment or sub catchments within the river basin district.
In
selecting these bodies, Member States shall ensure that, where appropriate, monitoring is carried out at points
where:

(cid:151) the rate of water flow is significant within the river basin district as a whole; including points on large

rivers where the catchment area is greater than 2 500 km2,

(cid:151) the volume of water present

is significant within the river basin district,

including large lakes and

reservoirs,

(cid:151) significant bodies of water cross a Member State boundary,

(cid:151) sites are identified under the Information Exchange Decision 77/795/EEC, and

at such other sites as are required to estimate the pollutant load which is transferred across Member State
boundaries, and which is transferred into the marine environment.

C 343/50

EN

Official Journal of the European Communities

30.11.1999

S e l e c t i o n o f q u a l i t y e l e m e n t s

Surveillance monitoring shall be carried out for each monitoring site for a period of one year during the
period covered by a river basin management plan for:

(cid:151) parameters indicative of all biological quality elements,

(cid:151) parameters indicative of all hydromorphological quality elements,

(cid:151) parameters indicative of all general physico-chemical quality elements,

(cid:151) priority list pollutants which are discharged into the river basin or sub-basin, and

(cid:151) other pollutants discharged in significant quantities in the river basin or sub-basin,

unless the previous surveillance monitoring exercise showed that the body concerned reached good status
and there is no evidence from the review of impact of human activity under Annex II that the impacts on
the body have changed. In these cases, surveillance monitoring shall be carried out once every three river
basin management plans.

1.3.2. Design of operational monitoring

Operational monitoring shall be undertaken in order to:

(cid:151) establish the status of those bodies identified as being at risk of failing to meet their environmental

objectives, and

(cid:151) assess any changes in the status of such bodies resulting from the programmes of measures.

The programme may be amended during the period of the river basin management plan in the light of
information obtained as part of the requirements of Annex II or as part of this Annex, in particular to allow a
reduction in frequency where an impact is found not to be significant or the relevant pressure is removed.

S e l e c t i o n o f m o n i t o r i n g s i t e s

Operational monitoring shall be carried out for all those bodies of water which on the basis of either the
impact assessment carried out in accordance with Annex II or surveillance monitoring are identified as being
at risk of failing to meet their environmental objectives under Article 4 and for those bodies of water into
which priority list substances are discharged. Monitoring points shall be selected for priority list substances as
specified in the legislation laying down the relevant environmental quality standard.
In all other cases,
including for priority list substances where no specific guidance is given in such legislation, monitoring points
shall be selected as follows:

(cid:151) for bodies at risk from significant point source pressures, sufficient monitoring points within each body in
order to assess the magnitude and impact of the point source. Where a body is subject to a number of
point source pressures monitoring points may be selected to assess the magnitude and impact of these
pressures as a whole,

(cid:151) for bodies at risk from significant diffuse source pressures, sufficient monitoring points within a selection
of the bodies in order to assess the magnitude and impact of the diffuse source pressures. The selection of
bodies shall be made such that they are representative of the relative risks of the occurrence of the diffuse
source pressures, and of the relative risks of the failure to achieve good surface water status,

(cid:151) for bodies at risk from significant hydromorphological pressure, sufficient monitoring points within a
selection of the bodies in order to assess the magnitude and impact of the hydromorphological pressures.
The selection of bodies shall be indicative of the overall impact of the hydromorphological pressure to
which all the bodies are subject.

30.11.1999

EN

Official Journal of the European Communities

C 343/51

S e l e c t i o n o f q u a l i t y e l e m e n t s

In order to assess the magnitude of the pressure to which bodies of surface water are subject, Member States
shall monitor for those quality elements which are indicative of the pressures to which the body or bodies are
subject. In order to assess the impact of these pressures, Member States shall monitor as relevant:

(cid:151) parameters indicative of the biological quality element, or elements, most sensitive to the pressures to

which the water bodies are subject,

(cid:151) all priority substances discharged, and other pollutants discharged in significant quantities,

(cid:151) parameters indicative of the hydromorphological quality element most sensitive to the pressure identified.

1.3.3. Design of investigative monitoring

O b j e c t i v e

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 and operational monitoring has not already been established, in 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.

1.3.4.

Frequency of monitoring

the

surveillance monitoring period,

indicative of
For
physico-chemical quality elements given below should be applied unless greater intervals would be justified on
the basis of technical knowledge and expert judgment. For biological or hydromorphological quality elements,
monitoring shall be carried out at least once during the surveillance monitoring period.

for monitoring parameters

frequencies

the

For operational monitoring, the frequency of monitoring required for any parameter shall be determined by
Member States so as to provide sufficient data for a reliable assessment of the status of the relevant quality
element. As a guideline, monitoring should take place at intervals not exceeding those shown in the table
below unless greater intervals would be justified on the basis of technical knowledge and expert judgment.

Frequencies shall be chosen so as to achieve an acceptable level of confidence and precision. Estimates of the
confidence and precision attained by the monitoring system used shall be stated in the river basin management
plan.

Monitoring frequencies shall be selected which take account of the variability in parameters resulting from
both natural and anthropogenic conditions. The times at which monitoring is undertaken shall be selected so
as to minimise the impact of seasonal variation on the results, and thus ensure that the results reflect changes

C 343/52

EN

Official Journal of the European Communities

30.11.1999

in the water body as a result of changes due to anthropogenic pressure. Additional monitoring during different
season of the same year shall be carried out, where necessary, to achieve this objective.

Quality element

Rivers

Lakes

Transitional

Coastal

Biological

Phytoplankton

6 months

6 months

6 months

6 months

Other aquatic flora

Macro invertebrates

Fish

Hydromorphological

Continuity

Hydrology

Morphology

Physico-chemical

3 years

3 years

3 years

3 years

3 years

3 years

3 years

3 years

3 years

3 years

3 years

6 years

continuous

1 month

6 years

6 years

6 years

6 years

Thermal conditions

3 months

3 months

3 months

3 months

Oxygenation

Salinity

3 months

3 months

3 months

3 months

3 months

3 months

3 months

Nutrient status

3 months

3 months

3 months

3 months

Acidification status

3 months

3 months

Other pollutants

3 months

3 months

3 months

3 months

Priority substances

1 month

1 month

1 month

1 month

1.3.5. Additional monitoring requirements for protected areas

The monitoring programmes
requirements.

required above shall be supplemented in order

to fulfil

the following

D r i n k i n g w a t e r a b s t r a c t i o n p o i n t s

Bodies of surface water designated under Article 7 which provide more than 100 m3 a day as an average shall
be designated as monitoring sites and shall be subject to such additional monitoring as may be necessary to
meet the requirement of that Article. Such bodies shall be monitored for all priority substances discharged and
all other substances discharged in significant quantities which could affect the status of the body of water and
which are controlled under the provisions of the Drinking Water Directive. Monitoring shall be carried out in
accordance with the frequencies set out below:

Community served

Frequency

< 10 000

10 000 to 30 000

> 30 000

4 per year

8 per year

12 per year

30.11.1999

EN

Official Journal of the European Communities

C 343/53

H a b i t a t a n d s p e c i e s p r o t e c t i o n a r e a s

Bodies of water forming these areas shall be included within the operational monitoring programme referred
to above where, on the basis of the impact assessment and the surveillance monitoring, they are identified as
being at risk of failing to meet their environmental objectives under Article 4. Monitoring shall be carried out
to assess the magnitude and impact of all relevant significant pressures on these bodies and, where necessary,
to assess changes in the status of such bodies resulting from the programmes of measures. Monitoring shall
continue until
the legislation under which they are
designated and meet their objectives under Article 4.

the areas satisfy the water-related requirements of

1.3.6.

Standards for monitoring of quality elements

Methods used for the monitoring of type parameters shall conform to the international standards listed below
or such other national or international standards which will ensure the provision of data of an equivalent
scientific quality and comparability.

M a c r o i n v e r t e b r a t e s a m p l i n g

ISO 5667-3: 1995

Water quality (cid:151) Sampling (cid:151) Part 3: Guidance on the preservation and handling
of samples.

EN 27828: 1994

EN 28265: 1994

Water quality (cid:151) Methods for biological sampling (cid:151) Guidance on hand net
sampling of benthic macroinvertebrates.

Water quality (cid:151) Methods of biological sampling (cid:151) Guidance on the design and
use of quantitative samplers for benthic macroinvertebrates on stony substrata in
shallow waters.

EN ISO 9381: 1995

Water quality (cid:151) Sampling in deep waters for macroinvertebrates (cid:151) Guidance on
the use of colonisation, qualitative and quantitative samplers.

EN ISO 8689-1: 1999

EN ISO 8689-2: 1999

Biological classification of rivers Part
I: Guidance on the interpretation of
biological quality data from surveys of benthic macroinvertebrates in running
waters.

Biological classification of
II: Guidance on the presentation of
biological quality data from surveys of benthic macroinvertebrates in running
waters.

rivers Part

M a c r o p h y t e s a m p l i n g

Relevant CEN/ISO standards when developed.

F i s h s a m p l i n g

Relevant CEN/ISO standards when developed.

D i a t o m s a m p l i n g

Relevant CEN/ISO standards when developed.

S t a n d a r d s f o r p h y s i c o - c h e m i c a l p a r a m e t e r s

Any relevant CEN/ISO standards.

S t a n d a r d s f o r h y d r o m o r p h o l o g i c a l p a r a m e t e r s

Any relevant CEN/ISO standards.

C 343/54

EN

Official Journal of the European Communities

30.11.1999

1.4.

Classification and presentation of ecological status

1.4.1.

Comparability of biological monitoring results

(i) Member States shall establish monitoring systems for the purpose of estimating the values of

the
biological quality elements specified for each surface water category or for heavily modified and artificial
bodies of surface water. In applying the procedure set out below to heavily modified or artificial water
bodies, references to ecological status should be construed as references to ecological potential. Such
systems may utilise particular species or groups of species which are representative of the quality element
as a whole;

(ii)

(iii)

(iv)

(v)

in order to ensure comparability of such monitoring systems, the results of the systems operated by each
Member State shall be expressed as ecological quality ratios for the purposes of classification of
ecological status. These ratios shall represent the relationship between the values of the biological
parameters observed for a given body of surface water and the values for these parameters in the
reference conditions applicable to that body. The ratio shall be expressed as a numerical value between
zero and one, with high ecological status represented by values close to one and bad ecological status by
values close to zero;

each Member State shall divide the ecological quality ratio scale for their monitoring system for each
surface water category into five classes ranging from high to bad ecological status, as defined in Section
1.2, by assigning a numerical value to each of the boundaries between the classes. The value for the
boundary between the classes of high and good status, and the value for the boundary between good and
moderate status shall be established through the inter-calibration exercise described below;

the Commission shall
these class
boundaries are established consistent with the normative definitions in Section 1.2 and are comparable
between Member States;

facilitate this inter-calibration exercise in order to ensure that

as part of this exercise the Commission shall facilitate an exchange of information between Member
States leading to the identification of a range of sites in each ecoregion in the Community; these sites
will form an inter-calibration network. The network shall consist of sites selected from a range of surface
water body types present within each ecoregion. For each surface water body type selected, the network
shall consist of at least two sites corresponding to the boundary between the normative definitions of
high and good status, and at least two sites corresponding to the boundary between the normative
definitions of good and moderate status. The sites shall be selected by expert judgement based on joint
inspections and all other available information;

(vi)

each Member State monitoring system shall be applied to those sites in the inter-calibration network
which are both in the ecoregion and of a surface water body type to which the system will be applied
pursuant to the requirements of this Directive. The results of this application shall be used to set the
numerical values for the relevant class boundaries in each Member State monitoring system;

(vii) within three years of the date of entry into force of the Directive, the Commission shall prepare a draft
register of sites to form the inter-calibration network which may be adapted in accordance with the
procedures laid down in Article 20. The final register of sites shall be established within four years of the
date of entry into force of the Directive and shall be published by the Commission;

(viii) the Commission and Member States shall complete the inter-calibration exercise within 18 months of the

date on which the finalised register is published;

(ix)

the results of the inter-calibration exercise and the values established for the Member State monitoring
system classifications shall be published by the Commission within six months of the completion of the
inter-calibration exercise.

1.4.2.

Presentation of monitoring results and classification of ecological status and ecological potential

(i)

for surface water categories, the ecological status classification for the body of water shall be represented
by the lower of the values for the biological and physico-chemical monitoring results for the relevant
quality elements classified in accordance with the first column of the table set out below. Member States
shall provide a map for each river basin district illustrating the classification of the ecological status for

30.11.1999

EN

Official Journal of the European Communities

C 343/55

each body of water, colour-coded in accordance with the second column of the table set out below to
reflect the ecological status classification of the body of water:

Ecological status classification

Colour code

High

Good

Moderate

Poor

Bad

Blue

Green

Yellow

Orange

Red

(ii)

for heavily modified and artificial water bodies, the ecological status classification for the body of water
shall be represented by the lower of the values for the biological and physico-chemical monitoring results
for the relevant quality elements classified in accordance with the first column of the table set out below.
Member States shall provide a map for each river basin district illustrating the classification of the
ecological potential
in respect of artificial water bodies in
accordance with the second column of the table set out below, and in respect of heavily modified water
bodies the third column of that table:

for each body of water, colour-coded,

Ecological potential
classification

Colour code

Artificial water bodies

Heavily Modified

Good and above

Equal green and light grey
stripes

Equal green and dark grey stripes

Moderate

Poor

Bad

Equal yellow and light grey
stripes

Equal
stripes

yellow and dark grey

Equal orange and light grey
stripes

Equal orange
stripes

and dark grey

Equal red and light grey stripes

Equal red and dark grey stripes

(iii) Member States shall also indicate, by a black dot on the map, those bodies of water where failure to
achieve good status or good ecological potential
is due to non-compliance with one or more
environmental quality standards which have been established for that body of water in respect of specific
synthetic and non-synthetic pollutants (in accordance with the compliance regime established by the
Member State).

1.4.3.

Presentation of monitoring results and classification of chemical status

Where a body of water achieves compliance with all the environmental quality standards established in Annex
IX, Article 16 and under other relevant Community legislation setting environmental quality standards it shall
be recorded as achieving good chemical status. If not, the body shall be recorded as failing to achieve good
chemical status.

Member States shall provide a map for each river basin district illustrating chemical status for each body of
water, colour-coded in accordance with the second column of the table set out below to reflect the chemical
status classification of the body of water:

Chemical status classification

Colour code

Good

Failing to achieve good

Blue

Red

C 343/56

EN

Official Journal of the European Communities

30.11.1999

2.

GROUNDWATER

2.1.

Groundwater quantitative status

2.1.1.

Parameter for the classification of quantitative status

Groundwater level regime.

2.1.2. Definition of quantitative status

Elements

Good status

Groundwater level

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.

Accordingly,
alterations such as would result in:

the level of groundwater

is not

subject

to anthropogenic

(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.

2.2.

Monitoring of groundwater quantitative status

2.2.1.

Groundwater level monitoring network

The groundwater monitoring network shall be established in accordance with the requirements of Articles 7
and 8. The monitoring network shall be designed so as to provide a reliable assessment of the quantitative
status of all groundwater bodies or groups of bodies including assessment of the available groundwater
resource. Member States shall provide a map or maps showing the groundwater monitoring network in the
river basin management plan.

2.2.2. Density of monitoring sites

The network shall include sufficient representative monitoring points to estimate the groundwater level in each
groundwater body or group of bodies taking into account short and long-term variations in recharge and in
particular:

(cid:151) for groundwater bodies identified as being at risk of failing to achieve environmental objectives under
Article 4, ensure sufficient density of monitoring points to assess the impact of abstractions and discharges
on the groundwater level,

(cid:151) for groundwater bodies within which groundwater flows across a Member State boundary, ensure
sufficient monitoring points are provided to estimate the direction and rate of groundwater flow across
the Member State boundary.

2.2.3. Monitoring frequency

The frequency of observations shall be sufficient to allow assessment of the quantitative status of each
groundwater body or group of bodies taking into account short and long-term variations in recharge. In
particular:

30.11.1999

EN

Official Journal of the European Communities

C 343/57

(cid:151) for groundwater bodies identified as being at risk of failing to achieve environmental objectives under
Article 4, ensure sufficient frequency of measurement to assess the impact of abstractions and discharges
on the groundwater level,

(cid:151) for groundwater bodies within which groundwater flows across a Member State boundary, ensure
sufficient frequency of measurement to estimate the direction and rate of groundwater flow across the
Member State boundary.

2.2.4.

Interpretation and presentation of groundwater quantitative status

The results obtained from the monitoring network for a groundwater body or group of bodies shall be used to
assess the quantitative status of that body or those bodies. Subject to Section 2.5, Member States shall provide
a map of the resulting assessment of groundwater quantitative status, colour-coded in accordance with the
following regime:

Good:

green

Poor:

red.

2.3.

Groundwater chemical status

2.3.1.

Parameters for the determination of groundwater chemical status

Conductivity.

Concentrations of pollutants.

2.3.2. Definition of good groundwater chemical status

Elements

Good status

General

The chemical composition of
concentrations of pollutants:

the groundwater body is

such that

the

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

(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 environmental
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

Conductivity

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

2.4.

Monitoring of groundwater chemical status

2.4.1.

Groundwater monitoring network

The groundwater monitoring network shall be established in accordance with the requirements of Articles 7
and 8. The monitoring network shall be designed so as to provide a coherent and comprehensive overview of
groundwater chemical status within each river basin and to detect the presence of long-term anthropogenically
induced upward trends in pollutants.

C 343/58

EN

Official Journal of the European Communities

30.11.1999

On the basis of the characterisation and impact assessment carried out in accordance with Article 5 and
Annex II, Member States shall for each period to which a river basin management plan applies, establish a
surveillance monitoring programme. The results of this programme shall be used to establish an operational
monitoring programme to be applied for the remaining period of the plan.

Estimates of the level of confidence and precision of the results provided by the monitoring programmes shall
be given in the plan.

2.4.2.

Surveillance monitoring

O b j e c t i v e

Surveillance monitoring shall be carried out in order to:

(cid:151) supplement and validate the impact assessment procedure,

(cid:151) provide information for use in the assessment of long-term trends both as a result of changes in natural

conditions and through anthropogenic activity.

S e l e c t i o n o f m o n i t o r i n g s i t e s

Sufficient monitoring sites shall be selected for each of the following:

(cid:151) bodies identified as being at risk following the charcterisation exercise undertaken in accordance with

Annex II,

(cid:151) bodies which cross a Member State boundary.

S e l e c t i o n o f p a r a m e t e r s

The following set of core parameters shall be monitored in all the selected groundwater bodies:

(cid:151) oxygen content,

(cid:151) pH value,

(cid:151) conductivity,

(cid:151) nitrate,

(cid:151) ammonium.

Bodies which are identified in accordance with Annex II as being at significant risk of failing to achieve good
status shall also be monitored for those parameters which are indicative of the impact of these pressures.

Transboundary water bodies shall also be monitored for those parameters which are relevant for the protection
of all of the use supported by the groundwater flow.

2.4.3. Operational monitoring

O b j e c t i v e

Operational monitoring shall be undertaken in the periods between surveillance monitoring programmes in
order to:

(cid:151) establish the chemical status of all groundwater bodies or groups of bodies determined as being at risk,

(cid:151) establish the presence of any long-term anthropogenically induced upward trend in the concentration of

any pollutant.

30.11.1999

EN

Official Journal of the European Communities

C 343/59

S e l e c t i o n o f m o n i t o r i n g s i t e s

Operational monitoring shall be carried out for all those groundwater bodies or groups of bodies which on the
basis of both the impact assessment carried out in accordance with Annex II and surveillance monitoring are
identified as being at risk of failing to meet objectives under Article 4. The selection of monitoring sites shall
also reflect an assessment of how representative monitoring data from that site is of the quality of the relevant
groundwater body or bodies.

F r e q u e n c y o f m o n i t o r i n g

Operational monitoring shall be carried out for the periods between surveillance monitoring programmes at a
frequency sufficient to detect the impacts of relevant pressures but at a minimum of once per annum.

2.4.4.

Identification of trends in pollutants

Member States shall use data from both surveillance and operational monitoring in the identification of
long-term anthropogenically induced upward trends in pollutant concentrations and the reversal of such
trends. The base year or period from which trend identification is to be calculated shall be identified. The
calculation of trends shall be undertaken for a body or, where appropriate, group of bodies of groundwater.
Reversal of a trend shall be demonstrated statistically and the level of confidence associated with the
identification stated.

2.4.5.

Interpretation and presentation of groundwater chemical status

In assessing status, the results of individual monitoring points within a groundwater body shall be aggregated
for the body as a whole. Without prejudice to the Directives concerned, for good status to be achieved for a
groundwater body, for those chemical parameters for which environmental quality standards have been set in
Community legislation:

(cid:151) the mean value of the results of monitoring at each point in the groundwater body or group of bodies

shall be calculated, and

(cid:151) the mean value of these calculations for all monitoring points in the groundwater body or group of bodies
shall demonstrate compliance with those standards in the manner prescribed in the relevant Directive.

Subject to Section 2.5, Member States shall provide a map of groundwater chemical status, colour-coded as
indicated below:

Good:

green

Poor:

red.

Member States shall also indicate by a black dot on the map, those groundwater bodies which are subject to a
significant and sustained upward trend in the concentrations of any pollutant resulting from the impact of
human activity. Reversal of a trend shall be indicated by a blue dot on the map.

These maps shall be included in the river basin management plan.

2.5.

Presentation of groundwater status

Member States shall provide in the river basin management plan a map showing for each groundwater body
or groups of groundwater bodies both the quantitative status and the chemical status of that body or group of
bodies, colour-coded in accordance with the requirements of Sections 2.2.4 and 2.4.5. Member States may
choose not to provide separate maps under Sections 2.2.4 and 2.4.5 but shall in that case also provide an
indication in accordance with the requirements of 2.4.5 on the map required under this section of those
bodies which are subject to a significant and sustained upward trend in the concentration of any pollutant or
any reversal in such a trend.

C 343/60

EN

Official Journal of the European Communities

30.11.1999

ANNEX VI

LISTS OF MEASURES TO BE INCLUDED WITHIN THE PROGRAMMES OF MEASURES

PART A

Measures required under the following Directives:

(i)

the Bathing Water Directive 76/160/EEC;

(ii)

the Birds Directive 79/409/EEC (1);

(iii)

the Drinking Water Directive 80/778/EEC as amended by Directive 98/83/EC;

(iv)

the Major Accidents (Seveso) Directive 96/82/EC (2);

(v)

the Environmental Impact Assessment Directive 85/337/EEC (3);

(vi)

the Sewage Sludge Directive 86/278/EEC (4);

(vii)

the Urban Waste Water Treatment Directive 91/271/EEC;

(viii)

the Plant Protection Products Directive 91/414/EEC;

(ix)

the Nitrates Directive 91/676/EEC;

(x)

the Habitats Directive 92/43/EEC (5);

(xi)

the Integrated Pollution Prevention Control Directive 96/61/EC.

PART B

The following is a non-exclusive list of supplementary measures which Member States within each river basin district
may choose to adopt as part of the programme of measures required under Article 11(4):

(i)

legislative instruments;

(ii)

administrative instruments;

(iii)

economic or fiscal instruments;

(iv)

negotiated environmental agreements;

(v)

emission controls;

(vi)

codes of good practice;

(vii)

recreation and restoration of wetlands areas;

(viii)

abstraction controls;

(ix)

(x)

demand management measures,
requiring crops in areas affected by drought;

inter alia, promotion of adapted agricultural production such as low water

efficiency and reuse measures, inter alia, promotion of water efficient technologies in industry and water saving
irrigation techniques;

(1) OJ L 103, 25.4.1979, p. 1.
(2) OJ L 10, 14.1.1997, p. 13.
(3) OJ L 175, 5.7.1985, p. 40. Directive as amended by Directive 97/11/EC (OJ L 73, 14.3.1997, p. 5).
(4) OJ L 181, 8.7.1986, p. 6.
(5) OJ L 206, 22.7.1992, p. 7.

30.11.1999

EN

Official Journal of the European Communities

C 343/61

(xi)

construction projects;

(xii)

desalination plants;

(xiii)

rehabilitation projects;

(xiv)

artificial recharge of aquifers;

(xv)

educational projects;

(xvi)

research, development and demonstration projects;

(xvii) other relevant measures.

C 343/62

EN

Official Journal of the European Communities

30.11.1999

ANNEX VII

RIVER BASIN MANAGEMENT PLANS

A. River basin management plans shall cover the following elements.

1.

A general description of the characteristics of the river basin district required under Article 5 and Annex II.
This shall include.

1.1.

For surface waters:

(cid:151) mapping of the location and boundaries of water bodies,

(cid:151) mapping of the ecoregions and surface water body types within the river basin,

(cid:151) identification of reference conditions for the surface water body types.

1.2.

For groundwaters:

(cid:151) mapping of the location and boundaries of groundwater bodies.

2.

A summary of significant pressures and impact of human activity on the status of surface water and
groundwater, including:

(cid:151) estimation of point source pollution,

(cid:151) estimation of diffuse source pollution, including a summary of land use,

(cid:151) estimation of pressures on the quantitative status of water including abstractions,

(cid:151) analysis of other impacts of human activity on the status of water.

Identification and mapping of protected areas as required by Article 6 and Annex IV.

A map of
the monitoring networks established for the purposes of Article 8 and Annex V, and a
presentation in map form of the results of the monitoring programmes carried out under those provisions
for the status of.

3.

4.

4.1.

Surface water (ecological and chemical).

4.2. Groundwater (chemical and quantitative).

4.3.

Protected areas.

5.

6.

7.

A list of the environmental objectives established under Article 4 for surface waters, groundwaters and
protected areas, including in particular identification of instances where use has been made of Article 4(3),
(4), (5) and (6), and the associated information required under that Article.

A summary of the economic analysis of water use as required by Article 5 and Annex III.

A summary of the programme or programmes of measures adopted under Article 11, including the ways in
which the objectives established under Article 4 are thereby to be achieved.

7.1. A summary of the measures required to implement Community legislation for the protection of water.

7.2. A report on the practical steps and measures taken to apply the principle of recovery of the costs of water

use in accordance with Article 9.

7.3. A summary of the measures taken to meet the requirements of Article 7.

7.4. A summary of the controls on abstraction and impoundment of water, including reference to the registers

and identifications of the cases where exemptions have been made under Article 11(3)(d).

7.5. A summary of the controls adopted for point source discharges and other activities with an impact on the

status of water in accordance with the provisions of Article 11(3)(e) and 11(3)(f).

7.6. An identification of the cases where direct discharges to groundwater have been authorised in accordance

with the provisions of Article 11(3)(g).

30.11.1999

EN

Official Journal of the European Communities

C 343/63

7.7. A summary of the measures taken in accordance with Article 16 on priority substances.

7.8. A summary of the measures taken to prevent or reduce the impact of accidental pollution incidents.

7.9. Details of the supplementary measures identified as necessary in order to meet the environmental objectives

established.

7.10. Details of

the measures taken to avoid increase in pollution of marine waters in accordance with

Article 11(6).

8.

9.

10.

11.

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.

A summary of the public information and consultation measures taken, their results and the changes to the
plan made as a consequence.

A list of competent authorities in accordance with Annex I.

The contact points and procedures for obtaining the background documentation and information referred to
in Article 14(1), and in particular details of the control measures adopted in accordance with Article 11(3)(e)
and 11(3)(f) and of the actual monitoring data gathered in accordance with Article 8 and Annex V.

B. The first update of the river basin management plan and all subsequent updates shall also include.

1. A summary of any changes or updates since the publication of the previous version of the river basin
management plan, including a summary of the reviews to be carried out under Article 4(3), (4), (5) and (6).

2. An assessment of the progress made towards the achievement of the environmental objectives,

including
presentation of the monitoring results for the period of the previous plan in map form, and an explanation for
any environmental objectives which have not been reached.

3. A summary of, and an explanation for, any measures foreseen in the earlier version of the river basin

management plan which have not been undertaken.

4. A summary of any additional

interim measures adopted under Article 11(5) since the publication of the

previous version of the river basin management plan.

C 343/64

EN

Official Journal of the European Communities

30.11.1999

ANNEX VIII

INDICATIVE LIST OF THE MAIN POLLUTANTS

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

2. Organophosphorus compounds.

3. Organotin compounds.

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.

5. Persistent hydrocarbons and persistent and bioaccumulable organic toxic substances.

6. Cyanides.

7. Metals and their compounds.

8. Arsenic and its compounds.

9. Biocides and plant protection products.

10. Materials in suspension.

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

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

such as BOD, COD, etc.).

30.11.1999

EN

Official Journal of the European Communities

C 343/65

ANNEX IX

EMISSION LIMIT VALUES AND ENVIRONMENTAL QUALITY STANDARDS

The (cid:145)limit values(cid:146) and (cid:145)quality objectives(cid:146) established under the daughter Directives of 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:

(i)

the Mercury Discharges Directive 82/176/EEC (1);

(ii)

the Cadmium Discharges Directive 83/513/EEC (2);

(iii)

the Mercury Directive 84/156/EEC (3);

(iv)

the Hexachlorocyclohexane Discharges Directive 84/491/EEC (4);

and

(v)

the Dangerous Substance Discharges Directive 86/280/EEC (5).

(1) OJ L 81, 27.3.1982, p. 29.
(2) OJ L 291, 24.10.1983, p. 1.
(3) OJ L 74, 17.3.1984, p. 49.
(4) OJ L 274, 17.10.1984, p. 11.
(5) OJ L 181, 4.7.1986, p. 16.

C 343/66

EN

Official Journal of the European Communities

30.11.1999

ANNEX X

PRIORITY SUBSTANCES

30.11.1999

EN

Official Journal of the European Communities

C 343/67

ANNEX XI

MAP A

System A: Ecoregions for rivers and lakes

Iberic (cid:151) Macaronesian region
Pyrenees
Italy, Corsica and Malta

1.
2.
3.
4. Alps
5. Dinaric Western Balkans
6. Hellenic Western Balkans
Eastern Balkans
7.
8. Western highlands
9. Central highlands

10. The Carpathians
11. Hungarian lowlands
12. Pontic region
13. Western plains
14. Central plains
15. Baltic region
16. Eastern plains
17. Ireland and Northern Ireland
18. Great Britain

19. Iceland
20. Borealic uplands
21. Tundra
22. Fenno-Scandian shield
23. Taiga
24. The Caucasus
25. Caspic depression

C 343/68

EN

Official Journal of the European Communities

30.11.1999

MAP B

System A: Ecoregions for Transitional waters and Coastal waters

1. Atlantic Ocean
2. Norwegian Sea
3. Barents See

4. North Sea
5. Baltic Sea
6. Mediterranean Sea

30.11.1999

EN

Official Journal of the European Communities

C 343/69

STATEMENT OF THE COUNCIL’S REASONS

I.

INTRODUCTION

1. On 26 February 1997, the Commission sent the Council its initial proposal, based on Article
130s(1) of the EC Treaty, establishing a framework for Community action in the field of water
policy (1). On 26 November 1997, the Commission sent its first (2) and on 17 February 1998 its
second (3) amended proposal pursuant to Article 189a(2) of the EC Treaty.

2. The European Parliament (4), the Economic and Social Committee (5) and the Committee of the
Regions (6) delivered their opinions on 11 February 1999, 1 October 1997 and 12(cid:151)13 March
1998 respectively.

3. Following these opinions, on 17 June 1999 the Commission forwarded an amended proposal to

the Council (7).

4. On 22 October 1999, the Council adopted its common position in accordance with Article

251(2) of the Treaty (former Article 189b).

II. OBJECTIVE

The Directive is in response to a request formulated by the Environment Committee of the European
Parliament and the Council in June 1995 to fundamentally review the Community water policy. It
establishes a framework for the protection of surface water,
in particular inland, transitional and
coastal waters, and groundwater.

The common position reached by Council essentially aims at preventing deterioration of ecological
status and pollution and restoring all bodies of surface water and groundwater with the aim of
achieving good status at the latest 16 years after the entry into force of the Directive. Taking the
identification of river basin districts as a basis, Member States are to provide management plans
(containing, inter alia, the river basin’s characteristics, monitoring of the water status and coordinated
programmes of measures) which are subject to public consultation and aim to achieve good water
status through a phased implementation of the measures they envisage.

The common position takes into account the interaction between surface water and groundwater, the
impact of human activity e.g. industry, agriculture, energy production and transport, the quality and
quantity aspects and contributes to mitigating the effects of floods and droughts, to providing a
sufficient supply of good quality water for users, to protecting territorial and marine waters, to
the prevention and
achieving the objectives of relevant
elimination of pollution) and to progressively reducing the emissions of hazardous substances.

international agreements (e.g. aiming at

III. ANALYSIS OF THE COMMON POSITION (8)

The text of the common position strikes an equitable and fair balance between, on the one hand, the
need to essentially prevent deterioration and to improve the current status of surface water and
groundwater bodies, and, on the other hand, to also take a realistic and reasonable view on the

(1) OJ C 184, 17.6.1997, p. 20.
(2) OJ C 16, 20.1.1998, p. 14.
(3) OJ C 108, 7.4.1998, p. 94.
(4) OJ C 150, 28.5.1999, p. 419.
(5) OJ C 355, 21.11.1997, p. 83.
(6) OJ C 180, 11.6.1998, p. 38.
(7) Not yet published in the Official Journal.
(8) The numbering of the Articles follows those retained in the common position.

C 343/70

EN

Official Journal of the European Communities

30.11.1999

practical implications of doing so in terms of feasibility, the technical and scientific work to be done,
effectiveness, long-term socio-economic repercussions and the involved operating costs.

A. Amended Commission proposal

The Council adopted either in full or in part, and occasionally implicitly, at least to some extent,
75 amendments proposed by the European Parliament, four of which had not been retained in the
Commission’s amended proposal (35, 179, 183 and 184).

The Council adopted:

(a)

in full: all of the 14 compromise amendments (Nos 118, 121, 189, 190, 191, 192, 193, 194,
195 (in a more elaborate way), 196, 197, 198, 200 and 201 (with a more precise wording));

(b) fully or partly and occasionally with a different wording: 19 other amendments (Nos 9, 18,
20, 23, 24, 31, 50, 53, 54, 62, 63 (its second part in Annex V Section 1.1.1), 64 (Annex V),
79, 95, 103, 112, 117 (transferred to Annex II), 183, 184;

(c)

implicitly: all or some of the concepts contained in 39 other amendments.

2, 4 and 5: reflected in recital 21;

179: contained implicitly in the Directive given the legal basis;

10: retained in recital 28;

11: covered by Article 17(4) however with a three-year time period (see also amendment 200);

13: retained through the combination of Articles 21 and 23;

25 and partly 39: the concept of the combined approach has been explicitly specified and
developed in Article 10; other elements of the amendments are covered in Article 16;

27: covered in Annex V, Section 1.2.1 in the definition of high status for specific synthetic
pollutants;

28: implied in Article 2(24);

29: elements are catered for in Article 4(1)(b), the combination of Articles 10 and 16, and
Annex V, Section 2.3.2;

30 and 32: covered by Article 2(26), (27) and (28) and Annex V Section 2.1.2;

157: considering the restrictive wording of Article 11(3)(g) the intention of the amendment is
covered;

35: the first part of this amendment is covered by Article 3(6) whereas the second part is
taken account of in Article 3(3)(4) and (5);

123: Article 3(4) covers the idea contained in this amendment. Moreover, the Council added a
provision that the Commission can, at the request of the Member State involved, act to
facilitate the establishment of the programmes of measures;

48: included in Article 4(5);

56, 57, 58 and 60: generally covered in Annexes II and III which partly replace the former
Articles 7 and 8;

158: covered implicitly by Article 7(2);

30.11.1999

EN

Official Journal of the European Communities

C 343/71

71: globally dealt with in Article 11(5) and Annex V, Section 1.3.3, albeit with a different
wording;

75: diversion of water partially implied in the last subparagraph of Article 11(3)(d);

the measures provided for in Article 11 should achieve the environmental quality

78:
standards and thus part of the objectives of the Directive;

80 and 82: Article 13 and Annex VII cover these concepts although with a different wording
(former Articles 16 and 18 have been deleted);

86: implicitly covered in Article 17(5) (see compromise amendment 198);

87: Article 16(6) provides that the Commission shall submit proposals for controls within two
years of the inclusion of the priority list. The idea of inserting a deadline has thus been taken
into account. The proposals for controls to be submitted by the Commission can contain
EU-wide uniform emission standards if this institution judges them to be appropriate;

88: included with a different wording in Article 16(6);

93: the staged repeal with adapted timing of existing water legislation has been incorporated
in Article 21;

97: Annex IV, 1(i) makes a reference to Article 7 in which under (1), second indent, the idea
of this amendment is covered;

103, 108, 109 and 116: all of the ideas in these amendments have been taken account of in
Annex V;

119 and 120: both included in principle in Annex VII and amendment 120 also in Article 14.

The Council retained to some extent the ideas contained in 3 amendments:

6: the concepts of elimination of hazardous pollutants and the presentation by the Commission of
a priority list are retained in recitals 39, 40 and in Articles 11(3)(h) and 16;

19 and 47: although not covered as an objective as such, the purpose of the Directive, as
mentioned in the ultimate and penultimate indents of Article 1, states that it will contribute to the
elimination of pollutants in the marine environment and to the progressive reduction of emissions
of hazardous substances but without an explicit mention of a deadline.

B. Amendments accepted by the Commission but not included in the common position

The Council did not accept amendments 8, 14, 41, 42, 44, 45, 49, 51, 55, 65, 66, 91, 96, 98,
113, 114 and 122.

8, 41, 42, 44 and 45: according to Article 4(1)(a) deterioration is essentially not permitted below
good status waters; its paragraphs (5) and (6) provide however that, subject to strict conditions,
deterioration (e.g. because of floods and droughts) or new developments of overriding public
interest may be allowed.

14: given the explanation under amendment 8 the Council is of the opinion that including this
amendment would be inconsistent and not realistic.

49: accepting this amendment would be inconsistent with Article 4(6).

C 343/72

EN

Official Journal of the European Communities

30.11.1999

51: although its first part is implicitly covered in Article 4, the second part, however, only applies
to heavily modified bodies of water.

55 and 113: although Annex II, Sections 1.4 and 1.5 cover partially and more generally this
amendment the assessment of the impact of human activity on adjoining maritime areas into
which the river basin district waters flow are however not covered by the Directive.

65, 66: (Article 9) although the Council did follow partially the Commission’s amended proposal
to take account of the principle of recovery of environmental and resource costs of water services,
it could not agree on full cost recovery. Member States shall however conduct an economic
analysis to do so and report on the practical steps they take to apply this principle in the river
basin management plans.

91 and 92: given the political nature of most of the Annexes (which to a certain extent also
replace some of the former Articles), not all of the Annexes mentioned in amendment 91 should
be adapted through a Committee procedure. Given, however,
the new Council Decision on
Comitology according to which the European Parliament will, under certain conditions, be
informed, Article 20 has been adapted to this new decision. Moreover, as the Directive is based on
the European Parliament will co-decide on any new proposal
Article 175 of
concerning the Annexes which are not mentioned anymore, which when adopted will involve
publication in the Official Journal of the European Communities.

the Treaty,

96 and 98: the Council did not adopt these amendments because they do not necessarily provide
an added value to the Directives referred to.

114: given the fact that the most appropriate statistical methods for analysing the inter-calibration
data require further analysis, inserting amendment 114 would be premature; the Commission may
however always adopt guidelines to implement Annex V, if need be (see Article 19).

122: the Council did not consider it appropriate to add radioactive substances to Annex VIII
(which is of an indicative nature).

C.

Innovations introduced by the Council

The Council added a number of recitals to motivate more specifically the content of the Articles
and Annexes.

Annex II has been elaborated in a sense that it is now technically and scientifically more precise;
moreover, former Annex III concerning review of the environmental impact of human activity has
been transferred to Annex II.

Annex III concerns the information to be provided by Member States for the economic analysis
asked for in Article 9 which possibly can be further elaborated through a Committee procedure.

Annex X, currently empty, is to contain the priority list of substances once it is adopted by the
European Parliament and the Council.

Annex XI introduces two maps for geographical
lakes and another for ecoregions for transitional waters and coastal waters.

localisation one for ecoregions for rivers and

The Commission has accepted the common position agreed upon by the Council.