CELEX: 51993PC0680
Language: en
Date: 1994-06-15
Title: Proposal for a COUNCIL DIRECTIVE on the ecological quality of water

COMMISSION OF THE EUROPEAN COMMUNITIES
                                               COM(93) 680 final
                                               Brussels, 15.06.1994
                                               94/0152 (SYN)
                      Proposal for a
                 COUNCIL DIRECTIVE
            on the ecological quality of water
             (presented by the Commission)
 ---pagebreak---                              EXPLANATORY MEMORANDUM
!•       Justification of the proposal
 Ï-1     Reference to the 5th Action Programme
In its resolution of 28 June 1988 the Environment Council invited the Commission to submit
proposals for legislation required at Community level to improve the quality of surface waters
in the Community, in the light of the conclusions of the Community Water Policy Ministerial
 Seminar in Frankfurt on 27 and 28 June 1988.
The Community's 5th Environment Action Programme, Towards Sustainability, approved by
Council Resolution(,) of 1 February 1993, requests the presentation of a proposal for a
 directive concerning improvement of the ecological quality of surface waters.
Pursuant to the results of the European Council in Edinburgh, the Commission intends with
the present proposal to simplify and increase the consistency of Community surface
 water legislation.
 1.2     Scientific Basis
Even though improvements have been obtained in the quality of some surface waters in recent
years, the general quality in all Member States needs to be improved and the Commission
believes that Member States need to carry out a systematic assessment of water quality and
that supplementary measures need to be taken in individual Community surface waters in
order to preserve and improve water quality.
The proportion of coastal waters and estuaries damaged by pollution or eutrophication has
risen in recent years and is still on the increase. Acidification still poses a problem to inland
water bodies. Pollutants unnoticed in the past threaten to become important, particularly
pesticides, and more generally, micropollutants.
With the adoption of Directive 91/271 /EEC concerning Urban Waste Water Treatment*2* and
Directive 91/676/EEC concerning the Protection of Waters against Pollution caused by
Nitrates from Agricultural Sources(3) a decisive step has been taken to reduce water pollution
in Community surface waters from the two major sources of water pollution.
Furthermore, the most important industrial discharges causing water pollution will be
regulated once the Commission's proposal for a Council Directive on integrated pollution
prevention and control(4) is adopted.
(t)
         OJNoC 138, 17.5.1993, p. 1.
(2)
         OJNoL 135, 21.5.1991, p. 40.
< • * )
         OJNoL375, 31.12.1991, p. 1.
(4)
         COM(93) 423 final.
 ---pagebreak--- These actions, taken together, will constitute the baseline requirements in the whole
Community to protect the quality of surface waters by limiting pollution from a number of
important sources.
The implementation of these Directives alone will, however, not in itself ensure good water
quality in all Community surface waters as there are also many other factors contributing to
unsatisfactory water quality throughout the Community.
These other factors contributing significantly to the deterioration of water quality may be
point sources, diffuse sources or other anthropogenic factors.
This proposal will ensure that Member States take the necessary complementary measures
beyond the baseline requirements to polluting activities in order to ensure that a good
ecological water quality will ultimately be achieved.
Also, this proposal will replace existing water quality legislation for waters designated as fish
waters and shellfish waters and, if the Council acting upon a proposal from the Commission
adopts a revision of the Directive(5) relating to the quality of water intended for human
consumption, the Commission will consider whether the existing Community legislation
concerning the quality required of surface water intended for the abstraction of drinking water
can be repealed.
Some sources of pollution are regulated, directly or indirectly, at Community level by other,
more specific, Directives concerning water quality according to designated use,(6) water
intended for human consumption(7) and the protection of water from pollution by dangerous
substances(8). Other sources are regulated by purely national legislation in the Member States,
especially pollution by substances appearing in list II in the Directive on
dangerous substances.
For some waters, owing to their transboundary character, the Community and the Member
States have entered into international commitments obliging contracting parties to take
measures to reduce emissions of certain pollutants from various sources of pollution.
        Council  Directive 80/778/EEC,    OJ No L 229, 30.8.1980, p. 11.
        Council  Directive 76/160/EEC,    OJ No L 31, 5.2.1976, p. 1,
        Council  Directive 78/659/EEC,    OJ No L 222, 14.8.1978, p. 1,
        Council  Directive 79/923/EEC,    OJ No L 281, 10.11.1979, p. 47,
        Council  Directive 75/440/EEC,    OJ No L 194, 25.7.1975, p. 26 and
        Council  Directive 79/869/EEC,    OJ No L 271, 29.10.1979, p. 44.
(7)
        Council  Directive 80/778/EEC,    OJ No L 229, 30.8.1980, p. 11.
(8)     Council  Directive 76/464/EEC,    OJ No L 129, 18.5.1976, p. 23,
        Council  Directive 86/280/EEC,    OJ No L 181, 4.7.1986, p. 16,
        Council  Directive 82/176/EEC,    OJ No L 81, 27.3.1982, p. 29,
        Council  Directive 84/156/EEC,    OJ No L 74, 17.3.1984, p. 49,
        Council  Directive 83/513/EEC,    OJ No L 291, 24.10.1983, p. 1, and
        Council  Directive 84/491/EEC,    OJ No L 274, 17.10.1984, p. 11.
 ---pagebreak--- There is, however, at Community level no general and comprehensive mechanism or
procedure to ensure that the measures taken are sufficient to guarantee that surface water
quality in the Community approaches a good ecological quality and to ensure the necessary
concertation between Member States on transboundary water and coordination with a view
to fulfilment of international obligations entered into by the Member States and/or the
Community.
This proposal will provide the necessary mechanism to ensure an efficient compliance with
internatinal obligations.
1.3      Environmental objective to be achieved
According to "The State of the Environment in the European Community"(9), 25% of the
rivers and canals in the Community have water which is not suitable for the production of
drinking water. The purpose of the present proposal is to ensure that this and a number of
other problems of a similar nature are adressed properly.
The environmental objective to be reached is to maintain water quality of Community waters
where it is already good and ultimately achieve good ecological water quality elsewhere. The
Commission has drawn up this proposal with procedural requirements aiming to reach this
objective.
A body of water is considered to be of good ecological quality when the self-purification of
the water body is maintained, the diversity of naturally occurring species is preserved and the
structure and quality of the sediments are able to sustain the naturally occurring biological
community of the ecosystem (see also point 2.8 on Proportionality).
The protection of ground water from pollution will be considered in separate proposals which
the Commission will present as a follow-up of the Den Haag Ministerial Seminar on Ground
water (26-27 November 1991) and the Council Resolution of 25 February 1992(10).
The current proposal, however, will already help to maintain or improve the quality of ground
water through better protection of surface water which may percolate into ground water and
may be interconnected to aquifers.
2.       Subsidiarity and Costs
2.1      What are the objectives of the proposed action compared with the obligations of
         the Community?
The present proposal has been elaborated to meet the requirements of Article 130r of the
Treaty in order to preserve, protect and improve the quality of Community surface waters by
preventive action at the sources of pollution.
(9)
         COM(92) 23 final.
(10)
         OJNoC 59, 6.3.1992, p. 2.
 ---pagebreak--- Community action is needed in order to protect the water environment, and in particular to
        ensure the availability of good quality fresh surface water for abstraction for all
        legitimate purposes in all places at all times;
        safeguard the recreational potential of Community surface waters;
        coordinate Member States' efforts to improve surface water quality, inter alia to
        comply with the international obligations of the Community;
        ensure the solution of transboundary problems of water pollution.
2.2     Is the proposed action based on an exclusive competence of the Community or
        a competence shared with the Member States?
The main objective of this proposal is to preserve and improve the ecological quality of
surface waters in accordance with the objectives mentioned in Article 13 Or of the EEC Treaty.
Therefore, the legal basis for the proposal is Article 130s(l) of the EEC Treaty and the
competence is shared between Member States and the Community.
2.3     What is the Community dimension of the problem?
All Member States are concerned by this action.
The supplementary measures needed to ensure the availability of clean water may, in many
waters, not be substantial, but are nevertheless necessary in order toensure that the water
resource will be available for legitimate human, economic and recreational uses.
Even though a number of national and international programmes for improvement of surface
water quality already exist covering certain waters, a large number of Community surface
waters are not covered by such systematic efforts. Experience shows that, unless Community
action is taken, the establishment of such programmes requires a triggering event, e.g. the
accidental fire at Sandoz in 1986 which led to the Rhine Action Programme, or the Torrey
Canyon, Amoco Cadiz, Exxon Valdez and Braer oil spill accidents which have promoted
many initiatives at the Community and international level.
2.4     Which solution is most efficient comparing the means of the Community and of
        the Member States?
The action which is necessary in order to reach the operational objectives defined by
Member States will vary according to regional conditions.
Other Community water legislation defines the baseline measures to protect surface waters
against pollution and to improve ecological quality. These measures include treatment of
urban waste water, prevention of diffuse pollution with nitrates from agricultural sources and
the limitation of discharges of certain dangerous substances. Furthermore, the proposal on
integrated pollution prevention and control will, when adopted, add baseline measures to limit
discharges of pollution into surface water from the most important industrial sectors.
 ---pagebreak--- The action to be pursued under the present proposal therefore comprises only the necessary
additional action over and above these baseline measures. This additional action will ensure
that Member States will be able to benefit fully from the substantial investments made in the
implementation of the measures already decided or taken.
These should include for consideration such actions as reduction of discharges of pollution
not covered by existing measures, introduction of environmentally friendly practices in certain
sectors, e.g. agriculture, fisheries and transportation, regulation of products whose use may
give rise to pollution, regulation of sources of air pollution which give rise to subsequent
water pollution, etc. Also, it could include positive action such as measures to ensure free
passage for aquatic organisms and ensuring their habitats.
In order to obtain the most cost-efficient solutions, careful consideration must in each case
be given to which mix of additional action will be the most appropriate and to how it is
ensured that the different actions taken will form a coherent whole.
Furthermore, it must be considered that other Community policy areas such as e.g. fisheries,
agriculture, regional policy and transport interact with water quality policy. Actions taken in
these areas may influence the ease with which certain actions to improve water quality may
be taken just as acttions to improve water quality may significantly influence reaching the
objectives of these other policy areas.
 Experience shows that, in these sectors, no significant action is taken unless there are legally
binding Community provisions, even though Member States and the Community have entered
into political committments to do so. This is particularly the case for nutrients and pesticides
emanating from activities which are otherwise subject to extensive regulation at Community
level, e.g. agriculture.
 The point of departure is therefore that some of the additional action to improve water quality
is most efficiently taken by Member States while other action is most efficiently taken by the
Community, including such action in other Community policies as is considered necessary in
order to allow Member States to take effective action to curb pollution from the
 sectors concerned.
Furthermore, due to the transboundary movements of a number of surface waters and the
associated transport of pollutants, isolated actions by individual Member States will often not
be cost-effective, if effective at all. This is e.g. the case in the North Sea area with its
associated river basins as well as within a number of its river basins.
There is thus, according to Article 130r of the Treaty, an obligation for the Community to act
in order to contribute to the pursuit of the improvement of water quality.
The principle of division of tasks between the Community and the Member States is, among
other, reflected in the implementation of a number of international water protection
conventions to which the Community and some or all of the Member States are contracting
parties. In such conventions a series of measures have been agreed of which some are to be
implemented at the Community level while others are to be implemented by
Member States alone.
 ---pagebreak--- There is at present no Community obligation for Member States to take this additional action
to improve water quality and therefore also no way to ensure that the Community measures
with a positive impact on water pollution are complemented by concerted measures in
Member States to ensure the overall efficiency of Community water policy.
This proposal seeks to fill this gap. In accordance with Articles 130r and 3b of the Treaty,
it leaves it to Member States to decide, in accordance with regional and local conditions and
in respect of the protection of any other waters affected, which action is necessary to improve
water quality.
2.5     Which added value will the envisaged action of the Community bring and what
        would be the costs of inaction?
The purpose of the present proposal is to create the necessary framework to make Member
States define and implement the supplementary measures, over and above measures already
contained in Community legislation, to obtain a good ecological quality of their surface
waters. It is therefore a proposal to ensure that Member States will be able to reap the full
benefits of the considerable investments and efforts put into the implementation of
Community legislation on urban waste water, nitrates from agricultural sources, discharges
of dangerous substances and, when adopted, the proposal concerning industrial pollution
prevention and control. Among other, the proposal will ensure that surface water after simple
treatment will be a suitable resource in industry, agriculture and for domestic purposes.
The benefits are those associated with an ecological quality of surface waters and their
sustainable use: increased possibilities for recreational use by the local population,
conservation of nature values and species, increased tourism potential, improving the potential
for fishery and, especially for fresh waters, the qualitative and quantitative improvement of
an important resource for the production of water suitable for drinking, agricultural, industrial
and recreational use and other uses essential for human and economic activity. Water also has
an essential role in the preservation of any ecosystem. Fresh surface water is presently the raw
material for production of an estimated 30% of the Community's drinking water.
 Some of the benefits (e.g. nature conservation and recreational use) can not be meaningfully
quantified in monetary terms. Others (e.g. tourism and fisheries potential), can only be
quantified with great difficulty and with considerable uncertainties. Finally, for surface water
abstracted for different uses, the benefits may be equated with the savings in treatment
expenses for this water as a result of implementation of the proposal.
The easily quantifiable part of the benefits may therefore be expressed as the additional costs
of providing advanced treatment of abstracted surface waters in order to remove pollution
before use. According to information provided at the Commission's Conference on Drinking
Water in September 1993, the costs of advanced treatment to remove pesticides in 1% of the
total of currently abstracted surface water would require investments of the order of
ECU 5 000 million.
 ---pagebreak--- Furtermore, the proposal will improve the consistency in Community water policy and
modernize it in a number of respects. Among other the proposal will ensure that:
        the full benefits of the considerable investments, already made or decided, to improve
        surface water quality will be protected;
        all surface waters in the Community will be covered by Community water policy in
        contrast to the present situation where the main surface water quality directives only
        apply to waters either designated or identified by Member States;
        all toxic or harmful chemical substances having deleterious effects on the environment
        will be covered instead of selected substances according to the annexes of existing
        surface water qualty directives;
        in line with modern understanding of surface water quality, water quality will be
        monitored and classified in terms of biological as well as chemical quality;
         monitoring and classification of the quality of surface waters in the Community will
        be carried out so that the classification according to quality will be comparable across
         the Community;
         Member States will carry out programmes within certain deadlines in order to improve
        water quality, where necessary, to reach a good ecological quality of the waters and
         report on these programmes to the Community;
         a framework is available for the efficient implementation of obligations entered into
         by the Community and the Member States according to international conventions and
         other international commitments.
It is not possible to give any exact global estimate of the costs of implementing the proposal,
as the need for improvements in individual waters and the pace at which Member States will
choose to make such improvements are unknown today. Such costs will, according to the
polluter pays principle, be borne by the polluters themselves.
It is expected that the investments in supplementary measures necessary to achieve good
ecological quality of the surface waters concerned will fall mainly in the following categories:
1.      restoration projects to accelerate recovery of damaged fresh water bodies;
2.      measures in industries not covered by the proposal concerning integrated pollution
        prevention and control;
3.      measures in agriculture and aquaculture to reduce pollution of surface waters.
Apart from these investments, there may be derived costs where water abstraction has to be
reduced in order to be able meet the objectives of the proposal.
 ---pagebreak--- Based on experience from actions and programmes implemented by one or more
Member States, it is, however, possible to give rough estimate of what the implementation
of the present proposal could cost in the Member States. To obtain the extra costs in Member
States following the adoption of this proposal, a deduction should be made for investments
already decided or made according to national legislation or otherwise.
River and lake restoration in order to accelerate recovery of damaged waters are possible as
components under the integrated programmes, event though the proposal contains no
obligation to include such activities. The maximum investment for such restauration is
estimated at ECU 400-600 million.
The Rhine river basin has been used as the basis for estimation of the industrial investment
necessary in order to comply with the proposal. The Rhine basin, which represents almost
30% of the industrial output of the Community, has been chosen firstly because the costs of
the Rhine Action Programme under the International Commission for the Protection of the
Rhine, which has similar objectives to those of this proposal, are well known and secondly,
because of the high concentration of industry and population in this area. The density of
industrial output in the part of the Rhine basin covered by the Rhine Action Programme is
thus 3.4 times the Community average, while the population density is almost twice the
Community average.
Based on the size of the investments decided in the Rhine Action Programme, the necessary
total industrial investments in the Community to give a sufficient protection of the water
environment may be estimated to be of the order of ECU 15 000-20 000 million. By far the
major part of this investment concerns the implementation of requirements to industry
following from the proposal on integrated pollution prevention and control when adopted and
Community legislation already in force concerning dangerous substances and urban waste
water treatment. Thus, additional industrial investments under this proposal are not expected
to exceed ECU 2 000 million.
Experience from the implementation of the Rhine Action Programme indicates that no
appreciable adverse effect on industrial competitivity is to be expected provided
Member States take account of the adjustment to new conditions in the elaboration of
integrated programmes.
Especially as concerns agriculture, it is foreseen that the recently agreed adjustments of the
Common Agriculture Policy will help enable farmers to take those supplementary measures
also deemed necessary to reach the objectives of the integrated programmes.
In order to prevent that certain sectors, including agriculture, could have elevated costs as the
result of a too rapid implementation of measures to be taken to improve water quality under
the integrated programmes, the proposal makes no requirements to the pace at which such
measures are required, thus giving the sectors the possibility of adapting to new conditions.
The decisions concerning the pace at which to proceed are left to the Member States.
The total additional investments in Member States following the adoption of the present
proposal are therefore not expected to exceed ECU 3 000 million. Total annual Community
environmental investments in the year 2000 have been estimated by an environmental
consultancy company to be of the order of ECU 100 000 million. Assuming a ten-year period
 ---pagebreak--- for full implementation of the measures to be taken under this proposal, the estimated
investment will correspond to well below 1% of of total annual environmental investments
in the period concerned.
The costs for Member States of monitoring, establishment of inventories and of planning are
the management costs necessary in order to implement the integrated programmes in a cost-
efficient manner. With the increasing role of environmental expenditure in the economy, a
solid knowledge of the state of the environment becomes vital to ensure coherence between
the objectives to reach and the means to reach them, including the necessary investments.
The present proposal has been elaborated with the emphasis on a management framework to
establish coherence between the environmental objectives, the knowledge concerning the
quality of the surface water environment and pollution sources, and the decisions on the
measures to be taken. The management costs of this proposal may be regarded as the costs
of establishing this coherence and thus avoiding possible substantial additional treatment costs
for abstracted water.
Based on information on the extent of monitoring of surface water quality and the costs of
such monitoring in selected Member States, it is estimated that present annual expenditure in
the Member States is approximately ECU 150 million. This figure includes the costs of
monitoring according to the Directives which will be repealed with the adoption of the present
proposal. The expenditure is expected to rise to approximately ECU 500 million annually on
implementation of this proposal. The additional costs are thus of the order of
ECU 350 million annually, or approximately ECU 1 per citizen.
According to official statistics, approximately 170 000 million m3 of surface water are
abstracted annually in the Community for different uses. This amount includes, for some
Member States, water used as cooling water and for irrigation and does therefore not directly
reflect the quantity of water which has to meet stringent quality standards such as water for
domestic purposes and some industrial applications. No systematic data are available
concerning the amounts of water used for different purposes in the Community. Probably well
below half of this water has to meet stringent quality requirements.
The purely economic cost of not implementing the present proposal may be equated with the
costs necessary to provide special treatment for the part of this water which can no longer live
up to the necessary quality requirements. Based on this conception, the investment costs, in
a scenario where the present proposal is not adopted, will exceed the investments necessary
to implement the proposal if more than about 0.5% of the surface water abstracted has to be
subjected to advanced treatment to remove pollution (e.g. pesticides).
2.6     Which instruments does the Community dispose of?
The possible instruments in this case are a Council Regulation, Council Directive and a
Council Recommendation. However, a Recommendation would not be sufficient to ensure that
the necessary measures are taken by Member States.
                                               10
 ---pagebreak--- 2.7     Will a Directive defining the general objectives to be achieved, leaving the
        implementation to the Member States, be sufficient?
There are several underlying reasons for the deterioration of the quality of surface water
resources which vary for individual waters. Therefore, a procedural approach has been chosen
rather than a traditional regulatory approach targeted on the remaining important sources of
pollution causing deterioration in individual Community waters.
The proposal is a supplement to existing Community legislation concerning the sources of
water pollution which are responsible for the bulk of environmental problems in Community
surface waters (urban waste water, nitrates from agriculture and dangerous substances).
Rather than imposing a number of measures defined at Community level on all polluters, this
procedural approach allows the elaboration of solutions tailored to the needs in individual
waters. In this way, a more cost-effective improvement of water quality is allowed compared
to detailed Community regulation, applicable everywhere, of potential sources of insufficient
water quality.
The instrument chosen to implement the present proposal is a Council Directive. The directive
as such fixes only the general objectives and aims to be attained by the Member States, and
leaves to them the choice of appropriate means and ways to achieve these objectives. In doing
so, the Member States should take into account the specific conditions of each body of water
concerned by this proposal.
2.8     Proportionality
In the drafting of this procedural proposal emphasis has been placed on the application of the
subsidiarity principle, in accordance with Article 3b of the EC Treaty and the results of the
Edinburgh Summit.
In view of the diversity of climatic and hydrological conditions in the different regions of the
Community, it is not possible to establish a precise, quantified definition of ecological quality
applicable to all Community waters. The definition of ecological quality in this proposal is
therefore expressed in qualitative terms and Member States are themselves required to define
an operational target for the improvement of ecological water quality.
The proposal also leaves it to Member States to define means of meeting these targets and
the pace at which they are to be met within the general framework of the Directive.
Finally, it is for Member States to ensure that the most cost-effective combination of
measures is taken, taking account of the sources (point and diffuse) at which pollution may
be reduced in the most economical way.
3.      Results of consultations with affected partners
The present proposal has been drawn up in close contact and consultation with the scientific
community and with the Member States. The Commission has been assisted in drawing up
this proposal by a network of relevant scientific institutions in Member States.
                                               11
 ---pagebreak--- In 1989 a seminar open to the public and with participation of representatives from Member
States' competent authorities, industry, the water industry and scientific institutions was held
to discuss the possibility of working out a proposal for a directive on ecological water quality.
In December 1991 an international conference with more than 300 participants from
competent authorities in Member States, scientific institutions and industry was held to discuss
the application of the underlying principles of the draft proposal in relation to river quality
management. In summary, the conclusion of these events was that there was agreement on
the general framework, that the approach taken is appropriate for the Community and that the
practical example of surface water managements demonstrate the feasibility of the approach.
Two meetings of national experts from Member States have been held as part of the
preparation of the proposal, in September 1989 and in June 1991. The result of these meetings
was general support for the need for a directive to complement existing directives, the need
to define an ecological quality target and to fix aims to improve the quality of surface waters,
to establish a common simplified classification system for surface water quality and to
establish integrated programmes based on the application of best available techniques and best
environmental practices and avoiding too heavy administrative burdens. Also, there is
agreement in principle about the range of elements to be considered in the evaluation of the
quality of surface water. The comments received from Member States have been taken into
account in the elaboration of the present proposal (Articles 3, 5, 6, 10, 11 and 12).
The proposal has been discussed at a consultation meeting with the EFTA countries.
 Furthermore, the provisions about consultation of the public and the interested parties will
ensure that these will be consulted before integrated programmes, as provided for in Article 6,
defining the measures to be taken are finalized and adopted.
Finally, the Commission has, while drafting the proposal, received numerous comments from
economic sectors, notably industry and agriculture, expecting to be affected by the
integrated programmes.
4.         Description of legislative situation in Member States
In areas not covered by Community legislation, there is much variation between Member
 States' legislation aiming at improving surface water quality. Some Member States have very
advanced monitoring and planning systems for maintaining and improving surface water
quality, while other Member States have less ambitious programmes. All Member States have
 some monitoring activities, mainly resulting from obligations under Community legislation.
A number of Member States already have national or regional administrative structures in
place to address the problems of improving surface water quality. Thus, in the
United Kingdom there is a National Rivers Authority responsible for monitoring and
improving water quality in England and Wales. In France the Agences de Bassin established
for different river basins are responsible for overall coordination and administration in order
to ensure the quality of fresh surface waters. In Spain La Direccion General de Calidad de
las Aguas which was established in 1991 and the autonomous regions are responsible for
monitoring water quality and licensing polluting discharges. The present proposal will enable
these institutions to tackle a number of important pollution problems more efficiently.
                                                12
 ---pagebreak--- In order to implement the proposal Member States will need:
        to define operational quality targets for all Community surface waters;
         to set up a monitoring system for water quality and an inventory of discharges and of
         sources of diffuse pollution;
         to draw up integrated programmes to meet the operational quality targets;
         to implement the measures contained in these programmes.
The extent of the extra effort required to implement this proposal varies and depends on the
present use of quality objectives, monitoring, inventories and regulation of polluting activities.
5.       Explanation of provisions of the proposal
A.       Ecological Quality
The proposed Directive requires that for each water or for groups of waters Member States
set an operational quality target for good ecological quality as defined in Article 2 of the
proposal and that they draw up integrated programmes with the ultimate aim of meeting these
targets.
The Directive provides an exception (Article 10) for waters of insignificant size and with an
insignificant effect on the quality of other waters.
The specification and the adaptation to local conditions of "ecological quality" for individual
surface waters is left to Member States (Article 5 and Annexes I and II). As already
indicated, the Directive only gives general outlines of factors to be considered in defining
operational targets.
The definition by Member States of operational targets is thus an important part of the
preparation of integrated programmes.
B.       Monitoring, Detection of sources of pollution and Integrated Programmes
Monitoring and assessment of the water quality (Article 3 and 4, Annex V) are based on:
 1.       Regular measurement of the quality of the waters concerned (Article 3).
2.       Regularly updated inventories of sources of pollution comprising point sources as well
          as sources of diffuse pollution (Article 4).
It is expected that Member States will be able to utilize data from existing monitoring systems
used in conjunction with other Council Directives and with national legislation.
In the technical specifications to be drawn up by the Commission for monitoring and
classification of surface waters (Article 3) and for pollution inventories (Article 4), due
consideration will be given to establising a harmonized basis for the data in order to enable
 comparison of data between different Member States.
                                                 13
 ---pagebreak--- These specifications will thus ensure the comparability of monitoring data and quality
classifications from the second and following determinations of ecological water quality under
this proposal. The first determination will have to comply with the requirements of Annex V
of the proposal in order to ensure the highest possible degree of comparability of monitoring
data and quality classifications. This first determination is expected to a large extent to build
on the existing monitoring systems, including those set up according to
Community legislation.
The integrated programmes (Article 6 and Annex VI) will contain all measures to control
water pollution, i.e. existing Community and national legislation and other legal commitments
(e.g. under international agreements), as well as new initiatives to reduce pollution and meet
the operational targets which have been defined by the Member States themselves.
These measures will include codes of good agricultural practice and action programmes
established in accordance with the Council Directive concerning the protection of waters
against pollution caused by nitrates from agricultural sources01}.
Otherwise, the measures contained in the programmes will be based on the implementation
of Best Environmental Practices and, as far as point sources are concerned, also on Best
Available Technology. These are defined in Annexes III and IV.
The integrated programmes are to contain detailed information about the measures to be
taken, indicating who is to take them and when they are to be taken, and about anticipated
investment requirements and reductions in pollution.
Article 6(5) requires the competent authorities in the Member States to make the necessary
changes to the integrated programmes when new polluting activities are initiated or when
existing polluting activities are expanded significantly. It will be left to the competent
authorities in Member States, in accordance with the principle of subsidiarity, to judge
whether these changes will affect water quality significantly, and if so to go through a phase
of public consultation in accordance with Article 7.
The main rule of the Directive is that Member States implement the measures contained in
the programmes.
They may do this by ensuring that individuals or groups of individuals, as well as other
entities responsible for measures and practices, are legally bound to reduce pollution in the
way foreseen in the programmes. Alternatively, economic instruments may be used to
encourage compliance with the Directive.
Under the Directive there is no Community obligation to meet the operational targets provided
that all measures foreseen in the programme have been executed. This is justified because
unexpected or unforeseen circumstances, mainly due to natural characteristics of the
ecosystem concerned, might interfere or make it difficult or impossible to reach the assigned
operational targets (see also part E hereafter).
(,,)
         OJNoL375, 31.12.1991, p. 1.
                                                 14
 ---pagebreak--- C       Information of the public
Public consultation before finalizing integrated programmes is provided for in Article 7 of the
proposal. This serves the purpose of informing both the general public and the parties which
will have to implement the measures contained in the programme, allowing them to react and
state their points of view before final decisions are made.
The proposal allows parties with a specific interest at least two months to submit their
comments. Member States are expected to explain the extent to which they have taken
account of such comments.
D.      Use of Economic Instruments
Article 8 of the proposed Directive mentions the use of economic instruments by
Member States in the implementation of the Directive. The Commission is of the opinion that
Member States should be encouraged to apply such instruments as an effective means of
motivating polluters to comply with the integrated programmes.
Community financial support could be allocated from the existing financial instruments for
certain programmes or part of programmes in eligible geographical areas and for certain
sectors of intervention.
E.      Cases where not all the targets can be reached
The proposed Directive provides as a general requirement that all Community surface waters
should be covered by integrated programmes aiming to meet targets for good
ecological quality.
There are, however, two exceptions to the requirement that the programmes should aim at
achieving good ecological quality: In exceptional cases, where:
1        there is existing heavy pollution as a result of past pollution, e.g. in harbours, or
        pollution from third countries making it extremely difficult or impossible to improve
        ecological quality, and where effective measures to prevent deterioration are being
        implemented (Article 11);
and
2.      exclusively natural phenomena make it impossible to achieve good ecological quality,
        e.g. in volcanic lakes and in naturally acid rivers (Article 12), and where effective
        measures are taken by the Member State concerned to preserve the quality of these
        special ecosystems.
In order to benefit from these exceptions, Member States must follow the procedure as
outlined in Articles 11 and 12.
It should be emphasized that the obligation to apply Best Available Technologies and
Best Environmental Practices and to prevent pollution applies to all relevant sources of man-
made pollution.
                                                15
 ---pagebreak---   F.     Reports
Member States must report on the implementation of the Directive every three years
(Article 14).
Reports from Member States will form the basis of a Community report drawn up and
published by the Commission.
The Commission will also make a comparative assessment of the application of the Directive
in Member States and of the quality of Community surface waters. This assessment may
include all aspects of the application of the proposed Directive, including aspects not covered
by national reports. The assessment will be sent to the Council and to the Parliament.
G.       The Committee
In implementing the proposed Directive the Commission will be assisted by a Committee with
experts frottl each Member State (Article 16).
The Committee will be expected to assist the Commission in the following tasks:
 1.      Adapting the annexes to the Directive to scientific and technological progress.
2         Assessment of the monitoring systems and of the integrated programmes and
         establishment of technical specifications for monitoring systems and inventories.
3        Decisions relating to waters common to more than one Member State.
4.       Identification of sectors where economic instruments will be useful.
 H.      Repeal or Amendments of Existing Community Acts
When the present proposal is implemented in Member States' legislation it is proposed that
 Directive 78/659/EEC(12) on the quality of fresh waters needing protection or improvement in
order to support fish life and Directive 79/923/EEC(13) on the quality required of shellfish
waters are repealed, as the objectives of these Directives are covered by the proposal for the
waters concerned.
 These existing surface water quality directives define are designed to protect fishlife and
 shellfish in waters designated for these purposes by the Member States. The protection
 envisaged in these directives is based on the compliance of a number of physical, chemical
 and microbiological parameters with limit values defined in their annexes. Given the fact that
these directives only apply in areas designated by Member States and that their scope is
 completely covered by this proposal and by the Council Directive 91/492/EEC(14) laying down
the health conditions for the production and the placing on the market of live bivalve
 molluscs, these surface water quality directives are no longer considered necessary.
(l2)
          O J N o L 2 2 2 , 14.8.1978, p. 1.
 (,3)
          O J N o L 2 8 1 , 10.11.1979, p. 47.
 (14)
          OJ No L 268, 24.9.1991, p. 1.
 ---pagebreak--- In order to maintain continuity in the measures taken to protect surface waters against
pollution, the Commission will ensure that the existing surface water legislation is fully
enforced until the repeal date.
For Directive 75/440/EEC(15) concerning the quality required of surface water intended for the
abstraction of drinking water in the Member States and Directive 79/869/EEC(16) concerning
the methods of measurement and frequencies of sampling and analysis of surface water
intended for the abstraction of drinking water in the Member States, a repeal has not been
included in this proposal as some of the objectives of these acts relate specifically to problems
of human health and drinking water production which are not covered by the present proposal.
However, if the Council acting upon a proposal from the Commission adopts a revision of
Directive 80/778/EEC<17) relating to the quality of water intended for human consumption, it
will be possible to incorporate these Directives in a revised Directive and to repeal them.
In this case, the Commission will consider the possibility that Member States set quality
objectives and establish and implement programmes to improve fresh surface waters intended
to the abstraction of drinking water in the framework of this proposal on ecological water
quality.
Finally, once the present proposal has been adopted, the Commission will consider amending
the annexes of Council Decision 77/795/EEC(18) establishing a common procedure for the
 exchange of information on the quality of surface fresh water in the Community in order to
bring this Decision into line with the present proposal.
 6.      Business Impact Assessment
 No Business Impact Assessment with special emphasis on SMEs is necessary for this
 proposal. It is, in general, difficult to predict the impact of the proposal on enterprises until
 more is known about which measures Member States will consider necessary in order to
 improve water quality and how Member States intend to implement such measures.
 7.      Financial statement
 A financial statement is annexed to this memorandum.
 (,5)
         OJ No    L 194, 25.7.1975, p. 26.
 (16)
         OJ No    L 271, 29.10.1979, p. 44.
 (17)
         OJ No    L 229, 30.8.1980, p. 11.
 (18)
         OJ No    L 334, 24.12.1977, p. 29.
                                                   17
 ---pagebreak---                                        Proposal for a
                                   COUNCIL DIRECTIVE
                              on the ecological quality of water
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in particular
Article 130s(l) thereof,
Having regard to the proposal from the Commission(1),
In cooperation with the European Parliament^,
Having regard to the opinion of the Economic and Social Committee(3),
Whereas the fifth Community environmental action programme approved by the Council
Resolution of I February 1993(4) calls for the conservation of nature and natural resources;
Whereas the conclusions of the Community Water Policy Ministerial Seminar in Frankfurt
in 1988 highlighted the need for Community legislation covering ecological quality, with the
detailed content to be worked out at national or regional level;
Whereas in its resolution of 28 June 1988(5) the Council asked the Commission to submit
proposals to improve ecological quality in Community surface waters;
Whereas measures need to be taken to protect surface fresh water resources, which are under
increasing pressure from the continuous growth in demand for good quality water for all
purposes, and in particular to protect ecosystems and to satisfy the need for good quality
drinking water;
Whereas Community action and a Community framework are needed, in accordance with the
principle of subsidiarity, to lay down overall principles in order to ensure that sufficient
amounts of good quality fresh surface water are available at all times, to coordinate Member
States' efforts to improve surface water quality inter alia to comply with the international
obligations of the Community, to contribute to the solution of transboundary pollution
problems and to safeguard the recreational potential of Community surface waters;
Whereas existing Community surface water standards or quality objectives apply only to
certain surface waters and cover only limited aspects of water quality;
(i)
        OJ No C
(2)
        OJNoC
(3)
        OJNoC
(4)
        OJNoC 138, 17.5.1993, p. 1.
(5)
        OJNoC 209, 9.8.1988, p. 3.
                                              18
 ---pagebreak--- Whereas experience has shown that in spite of efforts by the Community and the Member
States to control water pollution the proportion of coastal waters and estuaries damaged by
pollution is on the increase and pollution still poses a problem to inland waters;
Whereas there is a need for a comprehensive framework and measures covering all relevant
aspects of water quality, in order to protect water in the Community from further deterioration
and in order to attain the high level of environmental protection aimed at in the Treaty;
Whereas, the measures concerning all aspects of surface water quality should take into
account the necessity of ensuring equitable conditions of competition in the energy sector;
Whereas such measures should apply to all the surface waters of the Member States, including
territorial sea and internal waters, but for practical reasons Member States should be
authorized to exclude artificially created waterways which form part of a sewage collection
system and waters of insignificant size which have no significant effect on the quality of
other waters;
Whereas it is necessary to determine existing levels of pollution in surface waters and to draw
up inventories of the various sources of pollution and other anthropogenic factors affecting
water quality in order to decide on the measures needed to improve water quality; whereas,
to ensure the comparability of data from the various Member States, the Commission should
establish technical specifications for the above;
Whereas a common definition of ecological quality and good ecological quality should be
established; whereas operational targets should be set for ecological quality, to ensure that
good quality water is available to meet the needs of ecosystems and for all other needs, in
particular drinking water production; whereas, in accordance with the principle of subsidiarity
these targets are best identified and adopted by Member States;
Whereas, where the existing level of ecological quality is already good, it should be so
maintained; whereas Member States may identify areas of high ecological interest where a
high level ecological water quality should be maintained or achieved;
Whereas, taking into account existing Community requirements, Member States must aim to
meet operational targets by defining and implementing the necessary measures within
integrated programmes to improve water quality;
Whereas both the general public and the individuals responsible for polluting activities should
be properly informed of planned measures and of progress in improving surface water quality
and should be able to contribute to the decision-making process by expressing their opinions
before final decisions on the necessary measures are adopted;
Whereas, in certain sectors, it may be considered more expedient to bring about the necessary
changes in trends and practices by means of economic instruments rather than through binding
legal provisions;
Whereas the Member States concerned should take concerted action in those cases where
polluting activities in one Member State affect water quality in other Member States; whereas,
failing agreement in such cases, a procedure must be established in order to ensure that the
objectives of the Directive are met;
                                                19
 ---pagebreak--- Whereas in certain cases it may, for historical reasons or because of pollution from third
countries, be difficult or impossible to achieve ecological water quality; whereas an
appropriate procedure should be established to ensure that Member States prevent any
deterioration in the quality of the waters concerned;
Whereas in certain cases natural conditions may make it very difficult to improve the
ecological quality of surface water; whereas the quality of such waters should be maintained;
Whereas Member States should carry out the necessary checks and surveillance to ensure that
measures adopted are carried out and that they have the desired effect on water quality;
Whereas, in view of the procedural nature of this Directive, it is important that the
Commission, the Member States and the public be able, by means of reports, to follow the
progress achieved in improving surface water quality in the Community as a whole;
Whereas a committee should be set up to assist the Commission in matters relating to the
implementation of this Directive;
Whereas technical progress requires prompt adaptation of the technical specifications laid
down in the Annexes to this Directive; whereas, in order to facilitate the introduction of the
necessary measures, a procedure should be set up under which the Commission can adopt
such adaptations with the assistance of the said committee;
Whereas the implementation of programmes adopted under this Directive will achieve a level
of protection of surface waters at least equivalent to that provided for by Council Directive
78/659/EEC(6), as last amended by Directive 91/692/EEC(7), and by Council Directive
79/923/EEC(8), as amended by Directive 91/692/EEC; whereas these Directives should
therefore be repealed,
HAS ADOPTED THIS DIRECTIVE:
                                           Article 1
                                             Scope
 1.   This Directive concerns the adoption of measures in each Member State for the control
      of pollution of surface waters from point sources, sources of diffuse pollution and other
      anthropogenic factors affecting surface water quality.
      These measures shall be designed to maintain and improve the ecological quality of
      Community surface waters, with the ultimate aim of achieving good ecological quality.
2.    Without prejudice to Article 18, this Directive does not affect the implementation of
      existing provisions in directives on water protection.
(6)
        OJNoL222, 14.8.1978, p. 1.
(7)     OJNoL377, 31.12.1991, p. 48.
(«>     OJNoL281, 10.11.1979, p. 47.
                                              20
 ---pagebreak---                                            Article 2
                                          Definitions
For the purposes of this Directive:
1.    ecological water quality is an overall expression of the structure and function of the
      biological community taking into account natural physiographic, geographical and
      climatic factors as well as physical and chemical conditions, including those resulting
      from human activities. The aesthetics of the area should also be taken into account.
      Ecological water quality is determined by the state of the relevant elements listed in
      Annex I,
2.    good ecological water quality is the quality which is suitable for the needs of the
      ecosystem, taking into account the need to maintain the capacity for self-purification,
      and which satisfies the relevant elements listed in Annex II,
3.    high ecological water quality is the quality inherent in a given ecosystem which is
      demonstrated not to be significantly influenced by human activities,
4.    "Community surface waters" means all surface waters within the territory of each
      Member State, together with their internal waters and territorial sea defined according
      to international law,
5     "best environmental practice" means all the rules set out in Annex III,
6.    "best available technology" means all the rules set out in Annex IV.
                                           Article 3
                            Measurement and monitoring system
1.    Member States shall set up a measuring and monitoring system to determine the
      ecological quality of surface waters.
2.    Member States shall determine the ecological quality of their Community surface waters
      for the first time by 31 December 1998 at the latest and shall repeat this exercise every
      three years.
3.    For the initial determination of ecological water quality Member States shall use the
      measurement and monitoring methods which most closely meet the provisions of
      Annex V, while for all subsequent operations they shall comply with the technical
      specifications to be drawn up by the Commission by 31 December 1999 in accordance
      with the procedure laid down in Article 16. These specifications shall, inter alia, ensure
      the comparability of monitoring data and of the determinations of ecological water
      quality.
4.    The European Environment Agency shall provide the objective information necessary
      for the establishment of the technical specifications referred to in paragraph 3.
                                              21
 ---pagebreak---                                          Article 4
                            Detection of sources of pollution
1. Member States shall identify, and conduct a qualitative and quantitative assessment of,
   point sources of pollution and diffuse pollution in Community surface waters. They
   shall also assess the effects of any other anthropogenic factors which impair or might
   impair the ecological quality of surface waters. The technical specifications for this
   purpose shall be drawn up by the Commission by 31 December 1996 in accordance with
   the procedure laid down in Article 16.
2. The first assessment shall be completed by 31 December 1998. Thereafter assessments
   shall be carried out every three years.
3. The European Environment Agency shall provide the objective information necessary
   for the establishment of the technical specifications mentioned in paragraph 1.
                                         Article 5
                                   Operational targets
I  Member States shall, by 31 December 1998, define for all the Community surface
   waters located on their territory as well as for their internal waters and territorial sea
   operational targets for good ecological water quality.
2. For waters achieving good ecological quality, the operational targets shall be defined so
   as to maintain a good ecological quality.
3. For waters achieving a good or high ecological quality located in areas considered by
   the Member States concerned as being of a high ecological interest, the operational
   targets shall be defined so as to maintain or achieve a high ecological quality.
   The Member States shall inform the Commission for the first time by 31 December
    1998 of the list of these areas.
4. The operational targets shall include the relevant elements which have a significant
   effect on water quality.
                                         Article 6
                                 Integrated programmes
1. Member States shall adopt, publish and implement integrated programmes designed to
   improve the quality of Community surface waters with the ultimate aim of reaching the
   operational targets adopted by Member States in accordance with Article 5 for the
   waters concerned.
                                            22
 ---pagebreak---    For waters already achieving good ecological quality Member States shall take action
   where appropriate with a view to ensuring that the operational targets continue to
   be met.
2. These integrated programmes shall include the elements listed in Annex VI. The
   programmes shall be adopted and communicated to the Commission before the
   beginning of the period which they cover.
3  The first integrated programme is to cover the period from 1 January 1999 to
   31 December 2001. It will be followed by a series of six-year programmes starting with
   the programme for 2002-2007.
4. Each programme shall be revised and if necessary modified whenever a significant
   effect on ecological water quality may arise as a result of the introduction of new
   activities or the expansion of existing activities.
                                         Article 7
                         Public information and consultation
1. Member States shall inform the public concerned of the findings obtained in accordance
   with Articles 3 and 4 and allow them a period of at least two months in which to
   comment on the programmes referred to in Article 6 before these are adopted.
2. When programmes are revised in accordance with Article 6(4), the public consultation
   referred to in paragraph 1 shall be compulsory only in cases where the proposed
   changes are liable to have a significant negative impact on the expected results of the
   programme concerned.
3. Member States shall inform the public concerned about the programmes adopted and
   of their reaosns for adopting them.
4. After adoption or revision of programmes in accordance with Article 6, Member States
   shall inform the public in an appropriate manner.
                                         Article 8
                                      Instruments
1. Member States shall ensure that the measures and practices required under the integrated
   programmes are legally binding on natural and legal persons, both public and private.
2. As an alternative to applying paragraph 1, Member States may, in sectors specified by
   the Commission in accordance with the procedure laid down in Article 16, make use of
   economic instruments designed to encourage natural persons and public and private
   undertakings to comply with the provisions of this Directive. This paragraph shall be
   without prejudice to the application of Articles 92, 93 and 94 of the Treaty.
                                            23
 ---pagebreak---                                            Article 9
                Waters affected by pollution from other Member States
1. If a Member State considers that any of its waters are affected by pollution from one
   or more other Member States it may notify the facts to the Member State or
   Member States concerned and to the Commission.
   Following such notification, the Member States concerned shall hold formal
   consultations to ascertain whether such transboundary pollution is indeed having a
   significant effect on ecological water quality and, if this is the case, to implement jointly
   Articles 3 to 8.
2. If the consultations referred to in paragraph 1 do not lead to agreement in time to meet
   the deadlines referred to in Articles 3 to 6 the Member States concerned shall refer the
   matter to the Commission and shall provide it with all the necessary information.
   Having consulted the Member States concerned, the Commission shall adopt a decision
   as soon as possible, if necessary establishing a programme as defined in Article 6, in
   accordance with the procedure laid down in Article 16 and notify it to those
   Member States.
                                           Article 10
                                 Small, insignificant waters
1. Member States may identify the following surface waters for the purpose of exemption
   from the provisions of this Directive:
   (a)    artificially created waterways which form part of a sewage system,
   (b)    waters falling into one of the following categories:
                lakes, or groups of interconnected lakes, with a total surface area of less than
                1 km2 which are hydrologically isolated from other surface waters,
                fresh or brackish waters, including tributaries of such waters, discharging less
                than 20 million m3 annually, as a long-term average, into marine waters
                where it can be shown, for any pollutant, that the exempted waters do not
                individually, or together with other exempted waters in the Member State,
                contribute more than 5% of the total anthropogenic pollution load in the
                receiving water originating in that Member State,
                other fresh waters discharging less than 2 million m3 annually, as a long-term
                average, into fresh or brackish waters, including lakes which are part of a
                river system, where it can be shown that for any pollutant that the exempted
                waters do not individually, or together with other exempted waters, contribute
                more than 5% of the total anthropogenic pollution load in the receiving water,
                including downstream areas, originating in that Member State.
                                               24
 ---pagebreak--- 2.    Member States shall, by 31 December 1998, inform the Commission of the waters
      identified in accordance with paragraph 1, stating the reasons for exempting them. The
      detailed format for communicating such information shall be drawn up by the
      Commission in accordance with the procedure laid down in Article 16.
                                           Article 11
                       Cases where it is difficult to improve ecological
                                         water quality
1.    In cases where it may prove extremely difficult or even impossible to improve the
      ecological quality because of heavy past pollution, e.g. in ports, or because of pollution
      from third countries, the Member State concerned shall inform the Commission by
      31 December 1998 at the latest, specifying the exact geographical limits of the waters
      concerned and the nature of the problems encountered. The detailed format for
      communicating such information shall be drawn up by the Commission in accordance
      with the procedure laid down in Article 16.
2.    Member States shall take effective measures, including the application of
      Best Environmental Practices and Best Available Techniques to all relevant sources of
      pollution, to prevent any deterioration in the quality of these waters. They shall provide
      the Commission with specific information concerning this action in the report provided
      for in Article 14.
                                            Article 12
                      Cases where natural conditions are unfavourable
1.    Member States may designate special ecosystems where, for natural reasons, it is very
      difficult to improve the ecological quality of surface water.
2.    Member States shall notify these designated ecosystems to the Commission by
       31 December 1998 at the latest, specifying their exact geographical limits and describing
      the natural conditions which prevent the improvement of ecological water quality. The
       detailed format for communicating such information shall be drawn up by the
      Commission in accordance with the procedure laid down in Article 16.
3.    Member States shall take effective measures, including the application of
      Best Environmental Practices and Best Available Techniques to all relevant sources of
       pollution, to preserve the water quality of these special ecosystems. They shall provide
      the Commission with specific information concerning this action in the report provided
      for in Article 14.
                                            Article 13
                                Inspections, checks and surveys
Member States shall carry out inspections, checks and surveys on the implementation of
this Directive.
                                                25
 ---pagebreak---                                           Article 14
                                           Reports
1.   At intervals of three years Member States shall send information to the Commission on
     the implementation of this Directive, in the form of a sectoral report which shall also
     cover other relevant Community directives. The report shall be drawn up on the basis
      of a questionnaire or outline drafted by the Commission in accordance with the
     procedure laid down in Article 6 of Directive 91/692/EEC. The questionnaire or outline
      shall be sent to the Member States six months before the beginning of the period
      covered by the report. The report shall be sent to the Commission within nine months
      of the end of the three-year period covered by it.
      The first report shall cover the years 1999, 2000 and 2001.
      The Commission shall publish a Community report on the implementation of this
      Directive within nine months of receiving the reports from Member States.
2     Member States shall provide any additional information requested by the Commission
      as rapidly as possible, and in any case within three months at the latest. If this
      information does not exist or is not available the Commission may request a survey as
      provided for in Article 13.
3     The fulfilment of these reporting obligations does not exempt Member States from other
      reporting requirements resulting from provisions in the Treaty, and in particular those
      obligations following from rules concerning State aid.
                                           Article 15
                                Amendments to the Directive
The Commission is authorized to amend and adapt the Annexes, in accordance with the
procedure laid down in Article 16, to scientific and technical progress and to changes in the
conditions of their application.
                                           Article 16
                                  Setting up of a committee
The Commission shall be assisted by a committee composed of the representatives of the
Member States and chaired by the representative of the Commission.
The representative of the Commission shall submit to the committee a draft of 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 148(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.
                                               26
 ---pagebreak--- The Commission shall adopt measures which shall apply immediately. However, if these
measures are not in accordance with the opinion of the committee, the Commission shall
communicate the measures to the Council forthwith. In that event, the Commission shall
defer application of the measures which it has decided for a period of three months from the
date of communication.
The Council, acting by a qualified majority, may take a different decision within the time
limit referred to in the previous paragraph.
                                          Article 17
                                       Implementation
 1    Member States shall bring into force the laws, regulations and administrative provisions
      necessary to comply with this Directive by 31 December 1997 at the latest. They shall
      immediately inform the Commission thereof.
      When Member States adopt these provisions, these shall contain a reference to this
      Directive or shall be accompanied by such reference at the time of their official
      publication. The procedure for such reference shall be adopted by Member States.
2     Member States shall communicate to the Commission the main provisions of national
      law which they adopt in the field covered by this Directive.
                                           Article 18
                                            Repeal
Directives 78/659/EEC and 79/923/EEC are repealed with effect from 1 January 1999.
                                          Article 19
                                       Entry into force
This Directive shall enter into force on the twentieth day following that of its publication in
the Official Journal of the European Communities.
                                           Article 20
                                          Addressees
This Directive is addressed to the Member States.
 Done at Brussels,                                                  For the Council
                                                                     The President
                                               97
 ---pagebreak---                                                                          ANNEX I
                      Ecological Water quality - Working definitions
The ecological quality of water systems is determined by the state of those representative
elements from the following list which are relevant to the individual waters concerned:
1.   Dissolved oxygen.
2.   Concentrations of toxic or other harmful substances in water, sediment and biota.
3.   Levels of disease in animal life, including fish, and in plant populations due to
     anthropogenic influence.
4    Diversity of invertebrate communities (planktonic and bottom-dwelling) and key
     species/taxa normally associated with the undisturbed condition of the ecosystem.
5    Diversity of aquatic plant communities, including key species/taxa normally associated
     with the undisturbed condition of the ecosystem, and the extent of macrophytic or algal
     growth due to elevated nutrient levels of anthropogenic origin.
6    The diversity of the fish population and key species/taxa normally associated with the
     undisturbed condition of the ecosystem. Passage, insofar as it is influenced by
     humanactivity, gratory fish.
7    The diversity of the higher vertebrate community (amphibians, birds and mammals).
8.   The structure and quality of the sediment and its ability to sustain the biological
     community in the ecosystem.
9.   The riparian and coastal zones, including the biological community and the aesthetics
     of the site.
                                             28
 ---pagebreak---                                                                            ANNEX II
                      Good Ecological Water Quality - Specifications
Member States shall, based on the precautionary principle, fix the operational targets to be
reached in accordance with this Directive within the framework of representative elements
from the following list which are relevant to the individual waters concerned:
 1    Dissolved oxygen should allow survival and reproduction of indigenous animals
2    Concentrations of toxic or other harmful substances in water, sediment and biota should
     not go beyond levels which have been demonstrated to pose no threat to aquatic species
     and should not prevent the normal uses of the water body.
_•>  There should be no evidence of elevated levels of disease in animal life, including fish,
     and in plant life due to anthropogenic influence.
     The diversity of invertebrate communities (planktonic and bottom-dwelling) should
     resemble that of similar water bodies with insignificant anthropogenic disturbance. Key
      species/taxa normally associated with the undisturbed condition of the ecosystem should
     be present.
s    The diversity of aquatic plant communities should resemble that of similar water bodies
     with insignificant anthropogenic disturbance.
     Key species/taxa normally associated with the undisturbed condition of the ecosystem
      should be present. There should be no evidence of excessive macrophytic or algal
     growth due to elevated nutrient levels of anthropogenic origin.
6.   The diversity of the fish population should resemble that of similar water bodies with
     insignificant anthropogenic disturbance.
      Key species/taxa normally associated with the undisturbed condition of the ecosystem
      should be present. There should be no significant artificial hindrance to the passage of
     migratory fish.
7     Higher vertebrate life (amphibians, birds and mammals) should reflect that of similar
     water bodies with insignificant anthropogenic disturbance. Key species/taxa normally
      associated with the undisturbed condition of the ecosystem should be present.
8     Sediment structure and quality should allow the occurrence of biological communities
     typical of the region.
9     The status of riparian and coastal zones should, in non-urban areas, reflect either the
     absence of any significant influence by human activity, or care for the preservation of
     the biological community and for the aesthetics of the site.
                                              29
 ---pagebreak---                                                                          ANNEX III
                     Definition of Best Environmental Practice (BEP)
1. Best environmental practice means the most appropriate combination of measures to
   prevent diffuse pollution or to ensure the environmentally safe operation of pollution
   control facilities. Best environmental practices include practical measures and good
   environmental conduct as well as the instruments used to promote the introduction of
   measures and changes in conduct.
   In determining which activities are to be subject to best environmental practices the
   following must be taken into account:
         the precautionary principle;
         the ecological risk associated with:
         (a) the activity,
         (b) the production, utilization and final disposal of products used in the activity,
         (c) the extent of the activity;
         the possibility of modifying the activities or replacing them with less polluting
         activities.
   In setting the deadlines for compliance with BEP the social and economic implications
   of different rates of introduction of BEP must be considered.
2. In determining what is the BEP for a particular source of diffuse pollution, at least the
   following aspects shall be considered:
   2.1 Measures:
               providing the public with collection systems for waste which presents an
               environmental hazard;
               providing systems for recuperation and recycling and/or safe disposal of
               waste which would otherwise present an environmental hazard;
   2.2   Conduct and promotional instruments:
               establishment of codes of good conduct and of environmental practice;
               information and education of the public and consumers concerning the
               ecological consequences of the choice of products and of conduct;
                                            30
 ---pagebreak--- the use of systems of authorization or licensing in order to ban or restrict
certain practices;
the use of economic instruments to limit the environmental repercussions of
certain activities or the use of certain products.
 ---pagebreak---                                                                             ANNEX IV
                               Best Available Techniques (BAT)
"Best Available Techniques" signifies the latest stage in the development (state of the art) of
activities, processes, and their methods of operation which indicate the practical suitability of
particular techniques for preventing or where, that is not practicable, minimizing emissions
to the environment as a whole, without predetermining any specific technology or other
techniques.
"Techniques" include both the technology used and the way in which the installation is
designed, built, maintained, operated and decommissioned. The techniques must be
industrially feasible, in the relevant sector, from a technical and economic point of view.
"Available" techniques means those developed on a scale which allows implementation in the
relevant industrial context, under economically viable conditions, whether or not the
techniques are used or produced inside the Member State in question, as long as they are
reasonably accessible to the operator.
 "Best" means most effective in achieving a high overall level of protection for the
environment as a whole, taking into account the potential benefits and costs which may result
from action or lack of action.
In selecting the best available techniques special consideration should be given to:
      the use of low-waste technology;
      the furthering of recovery and recycling of substances used in the process, where
       appropriate;
       comparable processes, facilities or methods of operation which have recently been
       successfully tried out;
      technological advances and changes in scientific knowledge and understanding;
      the nature and volume of the emissions concerned;
      time limits for installation of the techniques;
      the consumption of raw materials (including water) and energy used in the process and
      their nature; and
      the need to prevent or minimize the overall impact of the emissions on the environment.
                                                32
 ---pagebreak---                                                                           ANNEX V
   Parameters to be measured, sampling methods, sampling frequency and sampling points
1. Each Member State shall organize at national level the compilation and analysis of the
   data required to measure ecological water quality and to classify aquatic ecosystems
   according to quality. Member States shall each adopt their own national system
   comprising the parameters to be measured, the methods of measurement, the sampling
   methods, the sampling frequency and the sampling points which best correspond to
   regional conditions and the nature of the waters tested. The parameters selected shall
   represent the most sensitive indicators of ecological quality in terms of the items and
   parameters considered in the definition of the ecological quality of the waters concerned
   as well as the parameters needed to assess whether the operational targets fixed in
   accordance with Article 5 are being met. Measurement methods may include
   remote sensing.
2. The national systems adopted must be notified to the scientific community in each
   country and must provide the best possible guarantees as regards accuracy and
   comparability of data. In each case details of the systems used shall be published. Any
   further change to a national system must improve data quality and the comparability of
   the data collected before and after the change must be proven by the Member States.
3. The Member States shall organize, at national level, calibration between the laboratories
   collecting and analysing the data and shall take account in their national system of the
   systems used by Member States sharing the same water bodies.
4. When devising their national systems, the Member States shall prepare maps with
   colours graded across the spectrum giving a visual indication of how far ecological
   water quality deviates from the good ecological quality. These maps shall form part of
   the report provided for in Article 14.
                                           33
 ---pagebreak---                                                                            ANNEX VI
                                   Integrated Programmes
Each integrated programme shall include the following elements:
1    The operational targets adopted in accordance with Article 5 together with the
     reductions in pollution and other measures deemed necessary in the programme. The
     programme may take account of the long-term objectives of subsequent programmes.
     It shall include a timetable of the measures to be carried out and an estimate of the
     specific results expected.
2.   A plan of the specific measures to be implemented, including:
     2.1   compliance with any existing legal obligations under relevant Community law, in
           particular regarding reduction of pollution;
     2.2   use of best available techniques, where necessary, defined by Member States in
           accordance with Annex IV, for point sources of pollution where there are no
           requirements under Community law concerning the pollution in question;
     2.3   use of best environmental practices, where necessary, defined by Member States
           in accordance with Annex III, for all relevant, sources of diffuse pollution where
           there are no requirements under Community law concerning the pollution
           in question;
     2.4   limitation of water abstraction from the surface water in question and from
           aquifers interconnected to it to an extent which is compatible with maintaining a
           surface water level allowing the operational targets for the surface water in
           question to be met;
     2.5   any other operation to improve the environment, including integrated management
           of surface water resources where this is necessary to attain good ecological
           quality.
3.   Additional measures taken by Member States in cases where the measures laid down
     at 2 above fail to bring about a large enough reduction in pollution to meet the
     operational targets of the integrated programme.
4.   Financial investment required and the names of the natural persons and public or private
     undertakings responsible for carrying out specific measures, and the planned
     implementation dates.
5.   The regulations, laws and administrative provisions and all other means required for
     proper implementation of the integrated programme.
6.   An assessment, every three years, of the results of the integrated programme being
     conducted, which is notified to the Commission.
                                              34
 ---pagebreak---                                          FINANCIAL STATEMENT
                            VOLET 1 : FINANCIAL CONSEQUENCES
1. T i t l e of the a c t i o n
   C o u n c i l D i r e c t i v e on E c o l o g i c a l Water        Quality
2. Budget l i n e s concerned
   B4-304 Environmental Legislation, Projects (XI/B/1)
3. Legal Basis
   EC Treaty, Art. 130s(1),
   Towards Sustainability, COM (92) 23 final, table 11
   Resolution of the Council of"the European Communities and the
   Representatives of the Governments of Member States of 1
   February 1993 on a Community Programme of Policy and Action in
   Relation to the Environment and Sustainable Development (OJ No
   C 138, 17.5.93, p.1).
4. Description of the Action
   See annexed proposal for a Council Directive
   Summary :
   the D i r e c t i v e proposal             requires
   f r o m Member S t a t e s :
           - to define operational q u a l i t y o b j e c t i v e s for surface
              waters
           - t o measure, monitor and c l a s s i f y s u r f a c e water q u a l i t y
           - t o prepare p o l l u t i o n i n v e n t o r i e s f o r s u r f a c e w a t e r s
           - t o prepare and implement i n t e g r a t e d programmes t o improve
               q u a l i t y o f surface w a t e r s
           - t o r e p o r t t o the Commission e v e r y t h r e e y e a r s
   f r o m t h e Commission:
           -   t o draw up t e c h n i c a l s p e c i f i c a t i o n s f o r methods f o r
              measuring and m o n i t o r i n g s u r f a c e w a t e r q u a l i t y
           -   t o draw up t e c h n i c a l s p e c i f i c a t i o n s f o r t h e
                i d e n t i f i c a t i o n and q u a l i t a t i v e and q u a n t i t a t i v e
               assessment of p o i n t sources and n o n - p o i n t sources o f
               p o I l u t ion
           -    i d e n t i f y and s p e c i f y s e c t o r s i n w h i c h t h e use o f economic
                i n s t r u m e n t s are s u i t a b l e t o e n c o u r a g e compliance w i t h t h e
               d i r e c t i v e proposal
           -   adopt d e c i s i o n s on t r a n s b o u n d a r y p o l l u t i o n where Member
               S t a t e s are not able t o reach agreement
           -   negotiations with t h i r d countries concerning
               transboundary p o l l u t i o n
           -   e v a l u a t e waters exempted from t h e g e n e r a l p r o v i s i o n s o f
               t h e d i r e c t i v e by Member S t a t e s
            -  e v a l u a t e Member S t a t e s ' i m p l e m e n a t i o n o f t h e d i r e c t i v e
               and p u b l i s h a t r i a n n u a l r e p o r t on t h e i m p l e m e n t a t i o n
            -  amend and adapt the annexes o f t h e d i r e c t i v e t o
                t e c h n i c a l progress
            -  c h a i r r e g u l a t o r y committee
                                                        35
 ---pagebreak--- 5.  Classification of expenditure or receipts
      DNO and CD
    - There are no receipts following this action
6.  Type of expenditure or receipts
    - Studies to supply the necessary technical and scientific
    advice and publications linked to the realization of the
    objectives of this action.
    - There are no receipts following this action.
7.  Financial  implications for operating appropriations (Budget
    part B)
7.1 Budgetary implications for 1994-1998.
    B4-304, studies                         1994   300.000 ECU
                                            1995   100.000 ECU
                                            1996         0 ECU
                                            1997    60.000 ECU
                                            1998    45.000 ECU
        as from the year 2002 a report will be published every 3
        years requiring in the relevant years 330.000 ECU to cover
        technical evaluation of data and publication of the
        reports. As the proposal repeals Directives 78/659/EEC
        (quality of fishwaters) and 79/923/EEC (quality of
        shellfish waters) there will be concurrent reductions in
        reporting costs concerning these Directives.
8.  AntI-fraud dispositions
    - According to article 9 of "general terms and conditions
    etc.", it will be explicited in contracts that all work
    performed is the property of the Commission
    - Final payment of contractors will only take place after
    reception and examination of the reports requested.
       VOLET 2 : ADMINISTRATIVE EXPENSES (Budget part A)
    Budget  line concerned :
    - Titles A1 and A2 : expenditure related to persons working
    with the Institution
    - A2510 (meeting expenses of committees where consultation is a
    compulsory part in the making of Community acts)
1.  Increase in personnel
    - Adoption of the proposal will mean no permanent, net increase
    of A-grade personnel. The expert (END) presently occupied with
    the preparation of the Directive will, in 1994, be substituted
    in 1994 by an A-grade official, and, until 1999, by 1 further
    tezmporary official responsible for implementation of the
    Directive. The temporary official will be necessary tu put into
    place the necessary technical infrastructure to implement    the
    proposal, of note a Community monitoring and classification
    system and a system for elaboration of inventories of point
    source and diffuse pollution.
                                36
 ---pagebreak---          - Cost : 1 A-grade official from 1994           - 90.000 ECU/yr
                   1 Temporary A-grade official 1994-99  - 90.000 ECU/yr
         - The resources shall be found by either internal reallocations
         or within the framework of the Commissions decision on the
         resource programming.
         Expenses for meetings from 1994 (In 1993 prices)
         Travel expenses Committee meeting (proposal Art. 17)
             24 x 620 ECU/meeting x 2 meetings/yr     - 29.760 ECU/yr
             VOLET 3 : ELEMENTS OF COST-EFFECTIVENESS ANALYSIS
1.       Objectives and coherence with financial programming
     1.1 See annexed proposal for a council directive and 5th
         Environment Action Programme: Towards SustainabiIity, C0M(92)
         23, Table 11.
     1.2 yes, the action is foreseen in the comments to budget line B4-
         304
     1.3 protection of surface waters
2.       Justification of the action
         The benefits of the action are mainly improved surface water
         quality with a number of derived economic and non-economi.c
         benefits associated with this : improved access to good quality
         water suitable for production of drinking water for the
         population, water for industry, agriculture etc., improved
         conditions for leisure and tourism, fisheries, fish and shell
         fish farming and other activities dependent on good quality
         surface water, preservation of plant and animal species.
2.1a     The solution chosen to maintain and Improve (where relevant)
         the quality of surface water is based on the fact that
         generalized pollution which is found all over the Community Is
         already regulated by existing Directives: the dangerous
         substances Directive (76/464/EEC), the urban waste water
         Directive (91/271/EEC) and the nitrates from agriculture
         Directive (91/676/EEC). The residual surface water pollution
         problems are mainly individual and specific for individual
         waters. A cost- effective solution for obtaining the necessary
         reductions in pollution must therefore be individualized. The
         present procedural proposal ensures this, within the framework
         of the principle of subsidiarity, by requiring of Member States
         to take the necessary steps to ensure that the objectives of
         the proposal are met at a pace decided by the individual Member
         States. It is foreseen that different waters in different.
         Member States will require different actions depending on their
         particular characteristics.
                                         37
 ---pagebreak---      Thus, the present proposal ensures, on the one hand, that
     steps are taken, where necessary, in order to improve or
     maintain surface water quality while, on the other hand, only
     requiring specific action by Member States where this is
     necessary.
     The cost scenario corresponds to the minimum administrative
     costs in obliging Member States to improve surface water
     quality as the actual costs of administration of the framework
     directive will be born by Member States and the costs of
      implementation of the measures adopted according to the
     Directive wiI I be born by natural and legal persons in Member
     States as decided by the Member States. It is, due to the
     procedural nature of the proposal and the large liberty left to
     Member States to decide at which pace to move, not possible
     foresee the exact investments and costs for polluters resulting
     from implementation of the Directive. This information is
     expected to be a key factor in the decision of Member States on
     at which pace to move. The total investments in Member States
     following the adoption of the present proposal are, however,
     not expected to exceed 3 000 MECU.
2.1b derived effects may be costs for natural and legal persons in
     Member States. As the Directive is a framework directive
     leaving it to Member States to decide at which pace to proceed,
     the question of who will be subject to bear such effects as
     well the extent of these will be largely in the hands of the
     Member States. The proposal is based on the subsidiarity
     principle by setting out general objectives and leaving how to
     reach these aims to Member States.
2.1c No multiplier effects foreseen
3.   Follow-up and evaluation of the action
3.1  Trlannual reports from Member States Including analysis of
     progress made in relation to water quality and accounts of the
     measures taken to improve water quality.
3.2  Reports from Member States every 3 years, starting in 2002 and
     covering the period 1999-2001
3.3  The pace at  which different Member States will wish to proceed
     in order to  improve surface water quality is the main
     uncertainty  in the evaluation of the Impact of the Directive,
     both on the  environment and on the economy.
                               38
 ---pagebreak---                                                               COM(93) 680 final
                                                      DOCUMENTS
EN                                                                           14
                                 Catalogue number : CB-CO-93-739-EN-C
                                                             ISBN 92-77-63049-3
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