Proposal for a Directive of the European Parliament and of the Council Amending Directive 2000/60/CE establishing a framework for Community action in the field of water policy, as regards the implementing powers conferred on the Commission
Date: 2006-12-22
Institutions: European Commission
Subjects: EU environmental policy, European Commission, pollution control measures, powers of the institutions (EU), water management, water pollution

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 22.12.2006 
COM(2006) 921 final 

2006/0297 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

Amending 
Directive 2000/60/CE 
 establishing a framework for Community action in the field of water policy, as regards 
the implementing powers conferred on the Commission 

(presented by the Commission) 

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2006/0297 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

Amending 
Directive 2000/60/CE 
 establishing a framework for Community action in the field of water policy, as regards 
the implementing powers conferred on the Commission 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Economic and Social Committee2, 

Having regard to the opinion of the Committee of the Regions3, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty4 

Whereas: 

(1) 

(2) 

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Directive  2000/60/EC  of  the  European  Parliament  and  of  the  Council5  provides  that 
certain measures are to be adopted in accordance with Council Decision 1999/468/EC 
of 28 June 1999 laying down the procedures for the exercise of implementing powers 
conferred on the Commission6. 

Decision 1999/468/EC has been amended by Decision 2006/512/EC, which introduced 
a  regulatory  procedure  with  scrutiny  to  be  used  for  the  adoption  of  implementing 
measures  of  general  scope  which  seek  to  amend  non-essential  elements  of  a  basic 
instrument adopted in accordance with the procedure referred to in Article 251 of the 
Treaty,  including  by  deleting  some  of  those  elements  or  by  supplementing  the 
instruments by the addition of new non-essential elements. 

OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
… 
OJ L 327, 22.12.2000, p. 1–73 
OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 
11). 

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(3) 

(4) 

In accordance with the joint statement of the European Parliament, the Council and the 
Commission7 on Decision 2006/512/EC, instruments which are already in force must 
be  adjusted  in  accordance  with  the  applicable  procedures.  That  statement  indicates  a 
list of instruments that should be adjusted as a matter of urgency, including Directive 
2000/60/EC. 

In  particular  power  should  be  conferred  on  the  Commission  to  establish  technical 
specifications  and  standardised  methods  as  well  as  to  adapt  certain  Annexes.  Since 
those measures are of general scope and are designed to amend non-essential elements 
of  Directive  200/60/EC  and  to  supplement  by  the  addition  of  new  non-essential 
elements,  they  should  be  adopted  in  accordance  with  the  regulatory  procedure  with 
scrutiny provided for in Article 5a of Decision 1999/468/EC. 

(5) 

Directive 2000/60/EC should therefore be amended accordingly. 

(6) 

Since  the  amendments  to  be  made  to  Directive  2000/60/EC  are  adjustments  of  a 
technical nature which only concern the committee procedures, they do not need to be 
transposed by the Member States. It is therefore not necessary to lay down provisions 
to that effect. 

HAVE ADOPTED THIS DIRECTIVE: 

Article 1 

Directive 2000/60/EC is amended as follows: 

(1) In Article 8, paragraph 3 is replaced by the following: 

"3.  The  Commission  shall  adopt  technical  specifications  and  standardised  methods 
for analysis and monitoring of water status. Those measures, designed to amend non-
essentials  elements  of  this  Directive  by  supplementing  it,  shall  be  adopted  in 
accordance with the regulatory procedure with scrutiny referred to in Article 21 (3)."; 

(2) Article 20 isreplaced by the following: 

"Article 20 

Technical adaptations to the Directive 

1.  Annexes  I,  III  and  section  1.3.6  of  Annex  V  may  be  adapted  to  scientific  and 
technical progress taking account of the periods for review and updating of the river 
basin  management  plans  as  referred  to  in  Article  13.  Those  measures,  designed  to 
amend non-essential elements of this Directive, shall be adopted in accordance with 
the regulatory procedure with scrutiny referred to in Article 21(3).  

Where  necessary,  the  Commission  may  adopt  guidelines  on  the  implementation  of 
Annexes II and V in accordance with the procedures laid down in Article 21 (2). 

7 

OJ C 255, 21.10.2006, p.1  

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2.  For  the  purpose  of  transmission  and  processing  of  data,  including  statistical  and 
cartographic data, technical formats for the purpose of paragraph 1 may be adopted 
in accordance with the regulatory procedure referred to in Article 21 (2)." 

(3) In Article 21,paragraph 3 is replaced by the following: 

"Where  reference  is  made  to  this  paragraph,  Article  5a(1)  to  (4)  and  Article  7  of 
Decision  1999/468/EC  shall  apply,  having  regard  to  the  provisions  of  Article  8 
thereof." 

(4) In Annex V, section 1.4.1 is amended as follows: 

(a) point(vii) is replaced by the following: 

"(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  intercalibration 
network. The final register of sites shall be established within four years of the date 
of  entry  into  force  of  the  Directive,  in  accordance  with  the  regulatory  procedure 
referred to in Article 21(2)."; 

(b) point (ix) is replaced by the following: 

"(ix)  The  results  of  the  intercalibration  exercise  and  the  values  established  for  the 
Member State monitoring system classifications shall be adopted by the Commission 
within  six  months  of  the  completion  of  the  intercalibration  exercise.  That  measure, 
designed to amend non-essential elements of this Directive by supplementing it, shall 
be adopted in accordance with the regulatory procedure with scrutiny referred to in 
Article 21 (3)."  

This  Directive  shall  enter  into  force  on  the  [..]  day  following  that  of  its  publication  in  the 
Official Journal of the European Union. 

Article 2 

Article 3 

This Directive is addressed to the Member States. 

Done at Brussels,   

For the European Parliament 
The President 

For the Council 
The President 

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