European Parliament legislative resolution on the common position adopted by the Council with a view to the adoption of a European Parliament and Council directive establishing a framework for Community action in the field of water policy (9085/3/1999 – C5-0209/1999 — 1997/0067(COD))
Date: 2000-02-16
Institutions: European Parliament
Subjects: EU action, EU environmental policy, quality of the environment, water, water management

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Final provisions

Reserves the right not to release the appropriations earmarked in the budgetary reserve for the

41.
EQUAL initiative until the Commission has submitted the final programme;

*

*

*

Instructs its President to forward this resolution to the Commission and the governments of the

42.
Member States.

6. Community action in the field of water policy ***II

A5-0027/2000

European Parliament legislative resolution on the common position adopted by the Council with a
view to the adoption of a European Parliament and Council directive establishing a framework for
Community action in the field of water policy (9085/3/1999 * C5-0209/1999 * 1997/0067(COD))

(Codecision procedure: second reading)

The European Parliament,

+ having regard to the Council common position (9085/3/1999 + C5-0209/1999) (1),

+ having regard to its position at first reading (2) on the Commission proposal and amended proposals to

Parliament and the Council (COM(1997) 49) (3), COM(1997) 614) (4) and COM(1998) 76) (5),

+ having regard to the Commission’s amended proposal (COM(1999) 271) (6),

+ having regard to Article 251(2) of the EC Treaty,

+ having regard to Rule 80 of its Rules of Procedure,

+ having regard to the recommendation for second reading of the Committee on the Environment,

Public Health and Consumer Policy (A5-0027/2000),

1.

2.

Amends the common position as follows;

Instructs its President to forward its position to the Council and Commission.

COMMON POSITION
OF THE COUNCIL

AMENDMENTS
BY PARLIAMENT

(Amendment 1)
Recital −1 (new)

(−1) Water is not a commercial product like any other
but, rather, a heritage which belongs to the peoples of
the European Union and which must be protected,
defended and treated as such;

(1) OJ C 343, 30.11.1999, p. 1.
(2) OJ C 150, 28.5.1999, p. 388.
(3) OJ C 184, 17.6.1997, p. 20.
(4) OJ C 16, 20.1.1998, p. 14.
(5) OJ C 108, 7.4.1998, p. 94.
(6) OJ C 342, 30.11.1999, p. 1.

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AMENDMENTS
BY PARLIAMENT

(Amendment 2)
Recital 21

(21) Common principles are needed in order to coordinate
Member States’ efforts to improve the protection of Commun-
ity waters in terms of quantity and quality, to promote sustain-
able water use, to contribute to the control of transboundary
water problems, to protect aquatic ecosystems, and terrestrial
ecosystems and wetlands directly depending on them, and to
safeguard and develop the potential uses of Community waters;

(21) Common principles are needed in order to coordinate
Member States’ efforts to improve the protection of Commun-
ity waters in terms of quantity and quality, to promote sustain-
able water use, to contribute to the control of transboundary
water problems, to protect aquatic ecosystems, and terrestrial
ecosystems and wetlands directly depending on them, and arid
and semi-arid areas, and to safeguard and develop the poten-
tial uses of Community waters;

(Amendment 3)
Recital 21a (new)

(21a) Good water quality will secure the drinking water
supply for the population;

(Amendment 5)
Recital 21b (new)

(21b) Coastal
fisheries, despite being located outside
river basins, should be recognized as being one of the eco-
nomic activities most affected by all forms of environmen-
tal deterioration within such basins;

(Amendment 6)
Recital 22

(22) Common definitions of the status of water in terms of
quality and, where relevant for the purpose of the environmen-
tal protection, quantity should be established; environmental
objectives should be set to ensure that good status of surface
water and groundwater is achieved at Community level;

(22) Common definitions of the status of water in terms of
quality and, where relevant for the purpose of the environmen-
tal protection, quantity should be established; environmental
objectives should be set to ensure that good status of surface
water and groundwater is achieved throughout the Commun-
ity and that deterioration in the status of waters is
avoided at EU level;

(Amendment 7)
Recital 23a (new)

(23a) The ultimate aim is to achieve the complete elimi-
nation of all anthropogenic pollutants and no exceedance
of background levels for naturally occurring substances;

(Amendment 8)
Recital 29

(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 ecologi-
cal and hydrological system are coordinated;

(29) The objective of achieving good water status should be
pursued for each river and hydrogeological basin, so that
measures in respect of surface water and groundwaters belong-
ing to the same ecological, hydrological and hydrogeological
system are coordinated;

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COMMON POSITION
OF THE COUNCIL

AMENDMENTS
BY PARLIAMENT

(Amendment 9)
Recital 38a (new)

(38a) There is no natural right to discharge hazardous or
radioactive substances into water; scientific and technical
progress allows the application of progressively less pol-
luting production technologies;

(Amendment 10)
Recital 39

(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 consid-
ered 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;

(39) Pollution through the discharge, emission or loss of
hazardous substances must be eliminated; the European
Parliament and the Council should, on a proposal from the
Commission, submitted before 1 July 2000 and added to
and reviewed at least every three years, agree on the sub-
stances to be considered for action as a priority; the European
Parliament and the Council should, on proposals from the
Commission, adopt measures for the gradual elimination
of pollution by those substances, taking into account all
sources, with a view to reducing inputs of hazardous sub-
stances into the aquatic environment to levels close to
zero by 2020;

(Amendment 12)
Recital 44a (new)

(44a) The measures necessary for the implementation of
this directive should be adopted in accordance with Coun-
cil Decision 1999/468/EC of 28 June 1999 laying down the
procedures for the exercise of implementing powers con-
ferred on the Commission (1);

(1) OJ L 184, 17.7.1999, p. 23.

(Amendment 13)
Article 1(b)

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

tection of available water resources;

(b) promotes sustainable and efficient water use based on a
long-term protection of available water resources within a
hydrological area or river basin;

(Amendment 14)
Article 1(ca) (new)

(ca)

aims at reducing discharges, emissions and losses of
hazardous substances into the aquatic environment to
levels close to zero by the year 2020

(Amendment 16)
Article 2(24), 2nd subparagraph (new)

Good surface water chemical status is also the chemical
status required to meet the environmental objectives for
surface waters established in Article 4(1)(a) to (e).

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COMMON POSITION
OF THE COUNCIL

Wednesday 16 February 2000

AMENDMENTS
BY PARLIAMENT

(Amendment 17)
Article 2(25)

(25)

‘Good groundwater chemical status’ is the status defined

(25)

in table 2.3.2. of Annex V.

‘Good groundwater chemical status’ is the chemical sta-
tus of a body of groundwater, which meets all the
conditions set out in table 2.3.2 of Annex V.

(Amendment 19)
Article 2(28a) (new)

(28a)

‘Hazardous substances’ means

(a) substances or groups of substances that are toxic,

persistent and liable to bioaccumulate;

(b) other substances or groups of substances which
are assessed as requiring a similar approach to
substances referred to in (a), even if they do not
meet all the criteria for toxicity, persistence and
bioaccumulation, but give rise to concern.

This category includes both substances which work
synergistically with other substances to generate such
concern, and also substances which do not themselves
justify inclusion, but which degrade or transform into
substances referred to in (a) or substances which
require a similar approach.

(Amendment 20)
Article 2(28b) (new)

(28b)

‘Direct discharge’ means discharge of substances
pursuant to Annex VIII into the groundwater without
passing through the soil or subsoil.

(Amendment 21)
Article 2(32)

(32)

‘Environmental quality standard’ means the concentra-
tion 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.

(32)

‘Environmental quality standard’ means the concentra-
tion of a particular pollutant, group of pollutants or radio-
active substances in water, sediment or biota which
should not be exceeded in order to protect human health
and the environment.

(Amendment 22)
Article 2(32a) (new)

(32a)

‘Combined approach’ means reduction of emis-
sions, initially in accordance with best available tech-
nologies (BAT),
then examination of whether the
water quality which is achieved satisfies the environ-
mental quality objectives laid down in this Directive
and whether further measures over and above BAT
are needed.

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COMMON POSITION
OF THE COUNCIL

AMENDMENTS
BY PARLIAMENT

(Amendment 23)

Article 3(4)

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 Dis-
trict. For international River Basin Districts the Member States
concerned shall
the
request of the Member States involved, the Commission shall
act to facilitate the establishment of the programmes of mea-
sures.

together ensure this coordination. At

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 Dis-
trict. For international River Basin Districts the Member States
concerned shall
the
request of the Member States involved, the Commission shall
act to facilitate the establishment of the programmes of mea-
sures. In the case of river basins which extend over inter-
national boundaries, priority must be given to maintaining
the structures stemming from existing international agree-
ments.

together ensure this coordination. At

(Amendment 24)

Article 4(1), introductory phrase and (a)

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

(a) preventing deterioration of ecological status and pollution of sur-
face 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 all bodies of surface
water,
in accordance with the provisions laid down in
Annex V, subject to the application of extensions deter-
mined in accordance with paragraph 3 and to the applica-
tion of paragraphs 4, 5 and 6 and without prejudice to the
relevant international agreements referred to in Article 1
for the parties concerned,

1. Member States shall ensure that the River Basin Man-
agement authorities make operational the programmes of
measures specified in the River Basin Management Plans.

Member States shall:

(a) protect, enhance and restore all surface waters, with the
aim of achieving good surface water status at the latest
10 years after the date of entry into force of this Directive,
in all bodies of surface water, in accordance with the pro-
visions laid down in Annex V, subject to the application of
extensions determined in accordance with paragraph 3 and
to the application of paragraphs 4, 5 and 6 and without
prejudice to the relevant international agreements referred
to in Article 1 for the parties concerned,

(aa)

gradually eliminate pollution of waters by continu-
ously reducing discharges, emissions and losses of
hazardous substances, thereby moving towards the
target of their cessation by 31 December 2020,

(ab) prevent deterioration of the status of all surface
including heavily modified and artificial
waters,
bodies of water, from the date of entry into force of
this Directive, subject to the application of paragraphs
5 and 6,

(ac) prevent deterioration of the ecological potential and
surface water chemical status of heavily modified and
artificial bodies of water, and

(ad) protect and enhance heavily modified and artificial
bodies of water, with the aim of achieving good eco-
logical potential and good surface water chemical sta-
tus at the latest 10 years after the date of entry into
force of this Directive, in all such bodies of water,
in accordance with the provisions laid down in

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COMMON POSITION
OF THE COUNCIL

Wednesday 16 February 2000

AMENDMENTS
BY PARLIAMENT

Annex V, subject to the application of extensions
determined in accordance with paragraph 3 and to
the application of paragraphs 5 and 6.

(Amendment 25)

Article 4(1)(b)

(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 status 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 result-
ing from the impact of human activity, subject to the
application of extensions determined in accordance with
paragraph 3 and to the application of paragraphs 4, 5
and 6;

(b) prevent deterioration of the quantitative and chemical

status of groundwater,

(ba)

(bb)

(bc)

restore polluted bodies of groundwater, and ensure a
balance between abstraction and recharge of groundwater,
avoid the input of anthropogenic pollutants, subject

to the application of Article 11(3)(g) and

reduce to an absolute minimum the pollution of
groundwater by diffuse inputs, in particular from agri-
cultural activities, using the combined approach pur-
suant to Article 11, with the aim of achieving for all
bodies of groundwater, within 10 years from the date of
entry into force of this Directive, subject to the application
of extensions determined in accordance with paragraph 3
and to the application of paragraphs 4, 5, 6 and 7, at least
insignificantly anthropogenically polluted groundwater
status,
in accordance with the provisions laid down in
Annex V, and a reversal of any significant and sustained
upward trend in the concentration of any pollutant result-
ing from the impact of human activity which is over half
the level of the quality standard pursuant to Annex V;

(Amendment 26)

Article 4(1)(c) and concluding phrase

(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 taken under Article 11.

(c) achieve compliance with any standards and objectives
relating to Protected Areas, at the latest 10 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.

(Amendment 78)

Article 4(3)

3.
The deadlines established under points (a) and (b) of para-
graph 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:

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

(a) Member States determine that all necessary improvements
reasonably be

in the status of bodies of water cannot
achieved within the timescales set out in that paragraph,

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

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COMMON POSITION
OF THE COUNCIL

AMENDMENTS
BY PARLIAMENT

* the scale of improvements required can, for rea-
sons of techical feasibility, only be achieved in
phases exceeding the timescale,

* completing the improvements within the time-
scale would be disproportionately expensive,

* natural conditions do not allow rapid improve-

ments in the status of the body of water,

the extension of the deadline, and the reasons for it, are
specifically set out and explained in the River Basin Man-
agement Plan required under Article 13,

extensions are limited to periods which do not exceed the
period covered by 3 further updates of the River Basin
Management Plan except in cases where the natural condi-
the objectives cannot be achieved
tions are such that
within this period. Other
than in these latter cases,
a request for the second extension must be submitted to
the Commission, which shall
take a decision on such
request within 3 months,

(b)

(c)

(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, the reasons for any delay in making these
measures operational, and the expected timetable for
their implementation are set out in the River Basin Man-
agement 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.

(b)

(c)

the extension of the deadline, and the reasons for it, are
specifically set out and explained in the River Basin Man-
agement Plan required under Article 13,

extensions are limited to periods which do not exceed the
period covered by 3 further updates of the River Basin
Management Plan except in cases where the natural condi-
the objectives cannot be achieved
tions are such that
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 3 months,

(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 and the expected timetable for their implementa-
tion are 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.

(Amendment 30)

Article 4(4)

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

4. Member States may aim to achieve less stringent environ-
mental objectives than those required under paragraph 1(a) to
(ad) and (b) to (bc) for specific bodies of surface water and
groundwater when all the following conditions are met:

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

(a) Member States determine that, for groundwater level
and/or groundwater qualitative status, following the
methodology set out in Annex V, sections 2.3 and
the body of water is so
2.4 and for surface water,
affected by past human activity or its natural condition is
such that achievement of the objectives required under
paragraph 1(a) to (ad) and (b) to (bc) would be infeasible
or disproportionately expensive,

(aa)

the environmental and social needs served by the
existing characteristics of the body of water cannot
be satisfied by other means which are a better practi-
cal environmental option,

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AMENDMENTS
BY PARLIAMENT

(b)

the establishment of less stringent environmental objec-
tives, and the reasons for it, are specifically mentioned in
the River Basin Management Plan required under Article 13
and those objectives are reviewed every 6 years.

(b)

the establishment of less stringent environmental objec-
tives, and the reasons for it, are specifically mentioned in
the River Basin Management Plan required under Article 13
and those objectives are reviewed every 6 years;

(ba) Member States ensure that

+ for surface waters, the highest ecological and che-
mical status possible is achieved, given the una-
voidable impacts due to the nature of past
human activity and past pollution,

* for groundwaters, the least changes to quantita-
tive and chemical status possible are made, given
the unavoidable impacts due to the nature of the
modification or past pollution, and

* no further deterioration in the status of bodies of

surface water or groundwater occurs.

(Amendment 31)

Article 4(4a) (new)

4a. Member States may designate a body of surface
water as artificial or heavily modified, where making the
improvements needed to achieve good ecological status
would have significant adverse effects on

(i)

the wider environment,

(ii) navigation or recreation,

(iii)

activities for the purposes of which water is stored,
such as drinking water supply, power generation or
irrigation,

(iv) water regulation, flood protection or land drainage

and other similar purposes,

(v) the extraction of raw materials,

and where

* the beneficial objectives served by the artificial or
modified characteristics of the body of water cannot
be achieved by other means which are a better practi-
cal environmental option, and

* modifications are such that they allow the best prac-
ticable approximation to ecological continuum, in par-
ticular with respect to migration of fauna and appro-
priate spawning and breeding grounds.

Designation of a body of water as artificial or heavily
modified and the reasons for this designation must be spe-
cifically mentioned in the River Basin Management Plan
required under Article 13 and updated every six years.

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COMMON POSITION
OF THE COUNCIL

AMENDMENTS
BY PARLIAMENT

(Amendments 33 and 84)

Article 4(5)

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:

5.
Temporary 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 unforeseeable or exceptional circum-
stances due to natural causes or force majeure, in particular
untypically extreme floods and untypically prolonged
droughts, when all of the following conditions have been met:

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

(a) all practicable steps are taken to prevent further deteriora-
tion in status and in order not to compromise the achieve-
ment of the objectives of this Directive in other bodies of
water not affected by those circumstances,

(b)

(c)

(d)

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,

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

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

(b)

(c)

(d)

the conditions under which such unforeseeable or excep-
tional circumstances may be declared, including the adop-
tion of the appropriate indicators, are stated in the River
Basin Management Plan,

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

the effects of the unforeseeable or exceptional circum-
stances are reviewed annually, and all practicable measures
are taken with the aim of restoring the body of water to its
status prior to the effects of those circumstances as soon as
reasonably practicable, and

(e) a summary of the effects of the circumstances and of the
measures taken or to be taken in accordance with para-
graphs (a) and (d) are included in the next update of the
River Basin Management Plan.

(e) a summary of the effects of the circumstances and of the
measures taken or to be taken in accordance with para-
graphs (a) and (d) are included in the next update of the
River Basin Management Plan.

(Amendment 34)

Article 4(6)(b)

(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.

(b)

the reasons for the modifications or alterations are speci-
fically set out and explained in the River Basin Manage-
ment Plan required under Article 13 and the objectives
are reviewed every six years,

(ba)

the reasons for modification are of overriding public
interest and/or the benefits to the environment and to
society of achieving the objectives set out in para-
graph 1 are outweighed by the benefits of
the
new modifications or alterations to human health,
the maintenance of human safety or to sustainable
development of the local area in which the body of
water is located, and

(bb)

the beneficial objectives served by the new modifi-
cations or alterations of the body of water cannot be
achieved by other means which are a better practical
environmental option.

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AMENDMENTS
BY PARLIAMENT

(Amendment 35)

Article 4(7)

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.

7. When applying paragraphs 3, 4, 5 and 6, a Member State
the application does not permanently
shall ensure that
exclude or 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.

(Amendment 36)

Article 5

Characteristics of the River Basin District, Review of the environ-
mental impact of human activity and Economic Analysis of water use

Characteristics of the River Basin District

1.
Each Member State shall ensure that for each River Basin Dis-
trict or for the portion of an international River Basin District falling
within its territory:
2 an analysis of its characteristics,
2 a review of the impact of human activity on the status of surface

waters and on groundwater, and

2 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 5 years
after the date of entry into force of this Directive.

1. Member States shall ensure that an analysis of the
characteristics of each River Basin District is undertaken,
to be completed at the latest five years after the entry into
force of this directive. This analysis shall cover the follow-
ing aspects:
(a)

the geographical and geological characteristics of the
River Basin District;

(b) the hydrographical characteristics of the River Basin

(c)

District,
the demographic characteristics of the River Basin
District,

(d) the land use and economic activity within the River

Basin District,

(e) existing dams and reservoirs, indicating whether these
are installations for the supply of energy, drinking
water or for multi-purpose use, and
the ecological characteristics and current biodiversity
in the River Basin District.

(f)

2.
The analyses and reviews mentioned under paragraph 1 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.

2.
The analysis 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.

(Amendment 39)

Article 5a (new)

Article 5a

Cost-benefit study

Within five years from the date of implementation of this
Directive, the Commission, with the assistance of the
appropriate authorities in the Member States, shall carry
out a cost-benefit study for the purpose of determining
the amount of investment that has been required for the
implementation of this Directive.

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COMMON POSITION
OF THE COUNCIL

AMENDMENTS
BY PARLIAMENT

1. Member States shall identify, within each River Basin Dis-
trict:

1. Member States shall
area and River Basin District:

identify, within each hydrological

(Amendment 40)
Article 7(1), introduction

(Amendment 41)
Article 7(2)

2.
For each body of water identified under paragraph 1,
in addition to meeting the objectives of Article 4 in accordance
with the requirements of
for surface water
bodies including the quality standards established at Commun-
ity level under Article 16, Member States shall ensure that under
the water treatment regime applied, and in accordance with Commun-
ity legislation, the resulting water will meet the requirements of
Directive 80/778/EEC as amended by Directive 98/83/EC.

this Directive,

this Directive,

2.
For each body of water identified under paragraph 1,
in addition to meeting the objectives of Article 4 in accordance
with the requirements of
for surface water
bodies including, as a minimum, the quality standards estab-
lished at Community level under Article 16 and Annex V,
Member States shall ensure that the least intensive purifica-
tion treatment possible is sufficient to attain drinking
water quality and to meet the requirements of Directive 80/
778/EEC as amended by Directive 98/83/EC.

(Amendment 42)
Article 8(1), indents and (2)

+ for surface waters such programmes shall cover monitor-

ing of the ecological and chemical status,

+ for groundwaters such programmes shall cover monitoring

of the chemical and quantitative status,

+ for surface waters such programmes shall cover quantita-
tive monitoring of the volume and level of rate of flow
and the ecological and chemical status,

+ for groundwaters such programmes shall cover monitoring
of the chemical, qualitative and quantitative status based
on measurement of the chemical and biological condi-
tion of the water,

+ for protected areas the above programmes shall be supple-
mented by those specifications contained in Community
legislation under which the individual protected areas
have been established.

+ for protected areas the above programmes shall be supple-
mented by those specifications contained in Community
legislation under which the individual protected areas
have been established.

These programmes shall be operational at

2.
the latest
7 years after the date of entry into force of this Directive unless
otherwise specified in the legislation concerned. Such monitor-
ing shall be in accordance with the requirements of Annex V.

These programmes shall be operational at

2.
the latest
6 years after the date of entry into force of this Directive unless
otherwise specified in the legislation concerned. Such monitor-
ing shall be in accordance with the requirements of Annex V.

2a.
The technical specifications shall include the use of
standardised methods for analysing and monitoring qual-
ity recognised by all the Member States.

(Amendment 43)
Article 9(1)

1. Member States shall take account of the principle of recovery
of the costs of water services, including environmental and resource
costs, having regard to the economic analysis conducted accord-
ing 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.

1. Member States shall ensure by 2010:
* that water pricing policies provide adequate incen-
tives for users to use water resources efficiently, and
thereby contribute to the environmental objectives of
this Directive;

* an adequate contribution of the different economic
sectors, disaggregated at least into industry, house-

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holds and agriculture, to the recovery of the costs of
water services, based on the economic analysis conducted
according to Annex III and taking account of the polluter
pays principle.

In doing so, Member States may have regard to related social
and economic effects, as well as the geographic and climatic
conditions of the region or regions affected.

(Amendment 85)

Article 9(2)

2. Member States shall report in the River Basin Manage-
ment Plans on the practical steps and measures taken to apply this
principle.

2. Member States shall report in the River Basin Manage-
ment Plans on the planned steps towards implementing a
pricing policy which helps ensure that the environmental
objectives of this Directive are met, and on the contribu-
tion made by the various economic sectors to the recov-
ery of all the costs of water services.

(Amendment 46)

Article 9(3a) (new)

3a. Member States shall establish timetables for the full
application of the provisions of this Article. Details of
such timetables shall be included in the River Basin Man-
agement Plans required under Article 13.

(Amendment 47)

Article 10(1) and (2), first part

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

1. Member States shall restrict all discharges into bodies
of water according to the combined approach set out in
this Article. For substances listed in Annex X the European
Parliament and Council, on a proposal from the Commi-
ssion, shall set Community-wide uniform discharge limit
values (emissions standards). Further measures shall be
taken when the restriction of discharge on the basis of
current technology is not sufficient to satisfy the water
quality objectives pursuant to Article 4.

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

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

(a)

the emission controls based on Best Available Techniques;
or

(a)

the emission controls based on Best Available Techniques;
or

(b)

the relevant emission limit values; or

(b)

the relevant emission limit values; or

(c)

in the case of diffuse impacts the controls including, as
appropriate, Best Environmental Practices; set out in:

(c)

in the case of diffuse impacts the controls including, as
appropriate, Best Environmental Practices,

as appropriate, using the approaches set out in:

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AMENDMENTS
BY PARLIAMENT

(Amendments 48 and 86)

Article 11(1)

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.

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, designed to achieve the objectives established
under Articles 1 and 4. Where appropriate, a Member State
may adopt measures in the form of legal or administrative
provisions or contracts applicable to all River Basin Districts
and/or the portions of International River Basin Districts falling
within its territory.

(Amendment 87)

Article 11(3)(d)

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

(d) controls over the abstraction of fresh surface water and
groundwater, and impoundment of fresh surface water,
including a register or registers of water abstractions and
a requirement of prior authorisation for abstraction and
impoundment, and, where abstraction may have an
impact on water status, a requirement for an environ-
mental impact assessment. These controls shall be peri-
odically reviewed and, where necessary, updated,

(da)

a requirement to implement measures for more effi-
cient use of water in all water-use sectors if water
demand exceeds the quantity sustainably available
within a river basin, particularly by application of
best available water-saving and recycling technology,

(db)

in cases where an adequate supply of wholesome
drinking water cannot be secured, a requirement to
empower the competent local authority to reallocate
water from uses in other water-use sectors,

(dc)

a requirement for prior authorisation of artificial

recharge of groundwater aquifers;

(Amendment 88)

Article 11(3)(fa) (new)

(fa) measures to progressively reduce emissions into sur-
face waters by continuously reducing discharges,
emissions, and losses of hazardous substances;

(Amendment 53)

Article 11(3)(ia) (new)

(ia) any measures required to achieve good ecological
potential for bodies of water designated as artificial
or heavily modified.

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(Amendment 54)
Article 11(5), 1st subparagraph

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

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

2 the causes of the possible failure are investigated, and

2 such additional measures as may be practicable in order to

achieve those objectives are established.

(a)

investigation of the causes of the body of water failing
to achieve the environmental objectives,
including
consideration of the hydromorphological and phy-
sico-chemical condition of the body of water,

(b) more intensive monitoring of the extent and nature of
any pollution within the body of water, and of any
human alterations to the natural hydromorphological
condition of the body of water,

(c) establishment of environmental quality standards for
surface waters for any pollutants thus identified,
designed to ensure that the objective set pursuant to
Article 4 in respect of ecological status is achieved at
the latest 10 years after the entry into force of this
Directive. These standards must be at least as strin-
gent as the standards established in Annex IX or pur-
suant to Article 16(5) or in other relevant Community
legislation,

(d)

immediate review of all relevant authorisations and
discharge permits followed by action on the basis of
the level of risk involved,

(e) establishment of measures to ensure that the hydro-
morphological condition of the body of water is such
as to ensure the achievement of the objectives set
under Article 4 in respect of ecological status.

(Amendment 55)
Article 11(7) and (8)

7.
The programmes of measures shall be established at the
latest 10 years after the date of entry into force of this Direc-
tive and all the measures shall be made operational at the latest
13 years after that date.

7.
The programmes of measures shall be established at the
latest four years after the date of entry into force of this Direc-
tive and all the measures shall be made operational at the latest
seven 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 revised measures established under an updated
programme shall be made operational within three years of
their establishment.

8.
The programmes of measures shall be reviewed, and if
necessary updated at the latest 10 years after the date of entry
into force of
this Directive and every six years thereafter.
Any new or revised measures established under an updated
programme shall be made operational within three years of
their establishment.

(Amendment 56)
Article 13(1)

1. Member States shall ensure that a River Basin Manage-
ment Plan is produced for each River Basin District lying entirely
within their territory.

1. Member States shall ensure that a River Basin Manage-
ment Plan is produced and implemented for each River
Basin,
in
Articles 1 and 4.

in order to achieve the objectives set out

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(Amendment 57)

Article 13(6) and (7)

6.
River Basin Management Plans shall be published at the
latest 10 years after the date of entry into force of this Direc-
tive.

6.
River Basin Management Plans shall be published at the
latest six years after the date of entry into force of this Direc-
tive.

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

7.
River Basin Management Plans shall be reviewed and
updated at the latest 10 years after the date of entry into
force of this Directive and every six years thereafter.

(Amendment 58)

Article 16(1)

The Council shall adopt specific measures against pollu-
1.
tion of water by individual pollutants or groups of pollutants
presenting an unacceptable risk to or via the aquatic environ-
ment, 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 European Parliament and the Council shall adopt
1.
specific measures against pollution of water by individual pol-
lutants or groups of pollutants presenting an unacceptable risk
to or via the aquatic environment,
including such risks to
waters used for the abstraction of drinking water. These mea-
sures shall be aimed at preventing the pollution of water
by continuously reducing discharges, emissions and losses
of hazardous substances, thus moving towards the target
of their cessation by 31 December 2020. Such measures
shall be adopted on the basis of proposals presented by the
Commission in accordance with the procedures laid down in
the Treaty.

(Amendment 93)

Article 16(4)

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

4.
For the substances on the priority list, the Commission
shall submit proposals for the continuous reduction of the
discharges, emissions and losses concerned one year after
each new triennial list, or more frequently, as appropriate.
In doing so it shall take account of both point and diffuse
sources and aim at reducing discharges, emissions and
losses to levels close to zero by 31 December 2020. The
Commission shall make proposals on this basis
for
Community-wide uniform emission standards. Where
appropriate, action at Community level may be established on
a sector-by-sector basis. Where product controls include a
review of the relevant authorisations issued under Directive
91/414/EEC and Directive 98/8/EC, such reviews shall be car-
ried out in accordance with the provisions of those Directives.
Each proposal for controls shall specify arrangements for their
review, updating and for assessment of their effectiveness.

The Commission shall establish by 30 June 2000 a
4a.
target list of substances which are potentially hazardous
on the basis of their chemical, physical and biological
properties. Substances for which such a hazard character-
isation is not feasible due to a lack of relevant data shall
be listed in a separate list of data-deficient substances.

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AMENDMENTS
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Both lists shall be annexed to this Directive as Parts A and
B of Annex X.

4b.
For data-deficient potentially hazardous substances,
the Commission shall request the producer, trader and/or
professional user to supply the standard data set of chemi-
cal, physical and biological properties. Potentially hazar-
dous substances for which no standard data set has been
supplied three years after the date of entry into force of
this Directive shall be regarded as potentially hazardous
substances and added to the target list.

(Amendment 61)

Article 16(6)

The Commission shall submit proposals, in accordance with
6.
paragraphs 4 and 5, and at least for emission controls for point
sources and environmental quality standards within two years of
the inclusion 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 establish
environmental quality standards for 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
technical reduction options. For substances subsequently
of all
in the absence of agreement at
included in the priority list,
Community level, Member States
take such action
five years after the date of inclusion in the list.

shall

The Commission shall submit proposals within two years
6.
of the inclusion of the substance concerned on the priority list.
For substances included in the first priority list, in the absence
of agreement at Community level four years after the date of
entry into force of this Directive, Member States shall establish
measures for the continuous reduction of the emissions,
discharges and losses concerned thereby aiming at their
cessation by 31 December 2020. For substances subse-
quently included in the priority list, in the absence of agree-
ment at Community level, Member States shall take such action
two years after the date of inclusion in the list.

(Amendment 63)

Article 20(1)

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

1.
The Commission shall be assisted by a regulatory com-
mittee as referred to in Article 5 of Decision 1999/468/
EC. Articles 7 and 8 of that Decision shall apply.

The period laid down in Article 5(6) of the Decision shall
be three months.

The Committee shall adopt its own rules of procedure.

(Amendment 64)

Article 21(−1) (new)

Before the legislative measures

−1.
referred to in
paragraphs 1 and 2 are repealed steps must be taken to
ensure that the new provisions guarantee at least the
same level of protection.

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AMENDMENTS
BY PARLIAMENT

(Amendment 65)

Annex II, 1(6)

1.6. Designation of Artificial and Heavily Modified bodies

Deleted

Member States may designate a body of surface water as artificial or
heavily modified where making changes to artificial or modified char-
acteristics 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.

(Amendment 67)

Annex II, 2(3), indents

+ 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 ser-
ving more than 50 persons,

+ the location of points in the groundwater body used for
the abstraction of water, with the exception of points
for the abstraction of water intended for human con-
sumption providing less than an average of 10 m3 per
day or serving fewer than 50 persons,

+ the annual average rates of abstraction from such points,

+ the annual average rates of abstraction from such points,

+ the chemical composition of water abstracted from the

+ the chemical composition of water abstracted from the

groundwater body,

groundwater body,

+ the location of points in the groundwater body into which

+ the location of points in the groundwater body into which

water is directly discharged,

water is directly discharged,

+ the rates of discharge at such points,

+ the rates of discharge at such points,

+ the chemical composition of discharges to the ground-

+ the chemical composition of discharges to the ground-

water body, and

water body, and

+ land use in the catchment or catchments from which the
groundwater body receives its recharge, including anthro-
pogenic alterations to the recharge characteristics such as
rainwater and run-off diversion through land sealing, arti-
ficial recharge, damming or drainage.

+ land use in the catchment or catchments from which the
groundwater body receives its recharge,
including pollu-
tant inputs and anthropogenic alterations to the recharge
characteristics such as rainwater and run-off diversion
through land sealing, artificial recharge, damming or drai-
nage.

(Amendment 91)

Annex II, 2(4)(iia) (new)

(iia)

extraction of raw materials,

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AMENDMENTS
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(Amendment 69)

Annex II, 2(4a) (new)

2.4a. Review of the Impact of Past Pollution on Ground-
water Quality

Member states shall also identify those bodies of ground-
water for which lower objectives are to be specified
under Article 4(4) because as a result of past human activ-
ity the body of groundwater is so polluted that achieving
an insignificantly anthropogenically polluted status is
infeasible or disproportionately expensive.

(Amendment 92)

Annex V, 2.3.2, table

Elements

General

Good status

The chemical composition of the groundwater
body is such that the concentrations of pollu-
tants:

+ as specified below, do not exhibit the effects

of saline or other intrusions,

+ do not exceed the quality standards applic-
able under other relevant Community legis-
lation,

+ are not such as would result in failure to

achieve the environmental objectives speci-
fied 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 sal-
ine or other intrusion into the groundwater body.

Elements

General

Good status

The chemical composition of the groundwater
body is such that the concentrations of pollu-
tants:

+ as specified below, do not exhibit the effects

of saline or other intrusions,

+ do not exceed the quality standards applic-
able to anthropogenic pollution under
other relevant Community legislation,
including Directives 91/676/EEC, 97/57/
EC and 98/83/EC,

+ are not such as would result in failure to

achieve the environmental objectives speci-
fied 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 sal-
ine or other intrusion into the groundwater body.

(Amendment 94)

Annex V, 2.4.5, 1st subparagraph

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 chemi-
cal parameters for which environmental quality standards have
been set in Community legislation:

In assessing status, the results of individual monitoring points
within a groundwater body shall be viewed as being for the
body as a whole. Without prejudice to the Directives con-
cerned,
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:

+ the mean value of the results of monitoring at each point
in the groundwater body or group of bodies shall be calcu-
lated, and

+ the mean value of the results of monitoring at each repre-
in the groundwater body

sentative monitoring point
shall be calculated, and

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+ the mean value of these calculations for all monitoring points in
the groundwater body or group of bodies shall demonstrate com-
pliance with those standards in the manner prescribed in the rele-
vant Directive.

+ these calculations shall be the basis for establishing
that, for the bodies of water concerned, the environ-
mental quality standards are considered to be com-
plied with when 70 % of these mean values are in
accordance with the values laid down in the Direc-
tives (91/676/EEC, 97/57/EC and 98/83/EC).

(Amendment 75)
Annex VII, 7a (new)

7a.
a summary of the measures taken under Article 11(5)
for bodies of water which are unlikely to achieve the
objectives set out under Article 4

(Amendment 76)
Annex VIII, 9a (new)

9a. Man-made radioactive substances.

(Amendment 77)
Annex VIII, 10

10. Materials in suspension.

10. Materials in suspension in so far as they have harmful
effects on water.

7. Modernising social protection

A5-0033/2000

European Parliament resolution on the communication from the Commission on a concerted strat-
egy for modernising social protection ((COM(1999) 347 * C5-0253/1999 * 1999/2182(COS))

The European Parliament,

+ having regard to the Commission’s communication on a concerted strategy for modernising social

protection (COM(1999) 347 + C5-0253/1999),

+ having regard to the Commission’s report on social protection in Europe 1997 (COM(1998) 243 +

C4-0375/1998),

+ having regard to its resolution of 19 February 1997 on the Commission communication + The future
of social protection: a framework for a European debate and the report from the Commission on
social protection in Europe 1995 (1),

+ having regard to its resolution of 6 November 1997 on the Commission communication on moder-

nising and improving social protection in the European Union (2),

+ having regard to its resolution of 18 November 1998 on the Commission communication on a social

action programme 1998-2000 (3),

(1) OJ C 85, 17.3.1997, p. 63.
(2) OJ C 358, 24.11.1997, p. 51.
(3) OJ C 379, 7.12.1998, p. 87.