WRITTEN QUESTION E-0630/02 by Alexander de Roo (Verts/ALE)and Ria Oomen-Ruijten (PPE-DE) to the Commission. Requirement to achieve results under the Water Framework Directive.
Date: 2002-03-06
Institutions: European Parliament, Provisional data
Subjects: EC Directive, Netherlands, groundwater, national implementing measure, surface water, water

C 277 E/66

Official Journal of the European Communities

EN

14.11.2002

(2002/C 277 E/070)

WRITTEN QUESTION E-0616/02

by Concepció Ferrer (PPE-DE) to the Commission

(5 March 2002)

Subject: Interreg III

The Inforegio/News bulletin of January 2002 reports that the Commission has approved 36 Interreg III
programmes. According to the newsletter, these include a Spain/France programme with a contribution of
€ 84,3 million.

Can the Commission provide information on this programme’s objectives and the territory covered?

Answer given by Mr Barnier on behalf of the Commission

(3 April 2002)

On 13 December 2001 the Commission approved the Interreg III A Community Initiative programme
‘Spain/France’ (1),
to which the European Regional Development Fund (ERDF) will contribute € 84,3
million.

The programme concerns the Spanish border provinces of Girona, Guipúzcoa, Huesca, Lleida and Navarre
and the French departments of Ariège, Haute-Garonne, Hautes-Pyrénées, Pyrénées-Atlantiques and
Pyrénées-Orientales. The following areas, which do not lie on the border and where the measures to be
financed do not account for more than 20 % of total expenditure under the programme, may also benefit:
Barcelona, Tarragona, Zaragoza, Rioja, Vizcaya and Alava, in Spain, and Aude, Tarn, Tarn-et-Garonne,
Gers and Landes, in France.

Following an examination of the area and its socio-economic characteristics, the two Member States and
the regions concerned,
in partnership with the Commission, agreed to establish the following three
priorities (plus technical assistance) for the programme:

E structuring and strengthening cross-border areas (including the joint management of the countryside,
the prevention of natural disasters, urban and rural development and improved cross-border transport
and infrastructure);

E expanding activity and employment

the
exploitation of local products, research and the transfer of technologies and the stimulation of cross-
border economic activity);

(including the development of cross-border

tourism,

E open and supportive societies: exchanges, social integration and equal opportunities (including the
promotion of joint training, the development of joint instruments for employment, health, equal
opportunities for men and women and joint action on culture).

The Commission believes that this programme could make a significant contribution to improving cross-
border cooperation in the Pyrenees in economic, cultural and institutional terms, and that it offers an
opportunity to solve the problems which have sometimes hindered the development of these areas.

(1) Commission Decision C(2001)3616.

(2002/C 277 E/071)

WRITTEN QUESTION E-0630/02

by Alexander de Roo (Verts/ALE)
and Ria Oomen-Ruijten (PPE-DE) to the Commission

(6 March 2002)

Subject: Requirement to achieve results under the Water Framework Directive

On 23 October 2000, the Water Framework Directive entered into force. Member States are required to
transpose it into national law in 2003 at the latest. In the Netherlands, the Ministry of Transport and

14.11.2002

EN

Official Journal of the European Communities

C 277 E/67

Public Works has drafted a bill for this purpose and placed it on the Internet (http://waterland.net/eu-
water). The Explanatory Memorandum on the bill includes the following passage concerning the objectives
of the Directive (Article 4): ‘Article 4(1) of the Water Framework Directive requires Member States to make
an effort to achieve good status for all surface waters, all groundwater and waters falling into the category
of protected areas, and in addition to comply with all specific standards and objectives laid down in EC
provisions relating to those areas, within 15 years of entry into force.’

Thus the Netherlands is at present interpreting Article 4 purely as setting targets which Member States
must strive to attain for surface waters, groundwater and protected areas. However, Article 4(1)(c) of the
Framework Directive, relating to protected areas, reads: ‘Member States shall achieve compliance with any
standards and objectives at the latest 15 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.’

The European Parliament considers that Article 4 of
requirement
particularly applies to protected areas.

to achieve results.

In view of

the formulation used in Article 4(1)(c),

the Water Framework Directive institutes a
this requirement

What is the Commission’s view of the Netherlands’ interpretation of Article 4 (that it requires Member
States to make certain efforts), as indicated by the Explanatory Memorandum on the draft bill? Does the
Commission agree with the European Parliament that Article 4(1)(c) of the Water Framework Directive also
lays down a requirement to achieve results in the case of protected areas?

Answer given by Mrs Wallström on behalf of the Commission

(26 April 2002)

The Water Framework Directive (1) sets the legally binding obligation:

E to achieve, as a rule, for all surface waters and groundwaters ‘good status’ by 2015 (2) at the latest, and

E to achieve for protected areas compliance with any standards and objectives by 2015 at the latest,
unless otherwise specified in Community legislation under which the individual protected areas have
been set up.

The objectives are set as legally binding, not just a direction to aim for. Possible derogations from
achieving this objective are limited, and subject to complying with a set a mandatory conditions, as set out
in Article 4 of the Directive, paragraphs 4 to 8: (4): extension of deadlines; (5): less stringent environmental
objectives; (6): temporary deterioration; (7): derogation from achieving the objectives due to modifications
of the physical characteristics, and derogation from the non-deterioration principle (change from high
status to good status for surface waters) due to new sustainable development activities.

Any derogation for a particular body of water must not compromise the achievement of the objectives of
the Directive in other bodies of water within the same river basin district, and has to be consistent with
other Community environmental legislation (paragraph 8).

Member States have the obligation to transpose the Directive into national legislation within three years
i.e. by December 2003. Given this deadline, the Commission has so far not
after coming-into-force,
received any notification of transposition by Member States.

The Commission considers the Internet text referred to by the Honourable Members as a consultation
document and will at this stage not comment on it.

(1) Directive 2000/60/EC of the Parliament and of the Council of 23 October 2000 establishing a framework for

Community action in the field of water policy, OJ L 327, 22.12.2000.

(2) 15 years after the entry into force of the Directive, i.e. 22.12.2015.