training course in european and international environmental law 2005 cerium & jean monnet chair...

Training course in European and International Environmental Law 2005

CERIUM & Jean Monnet Chair in European Integration,University of Montreal

4th – 15th July 2005 – MONTREAL

THE EC WATER POLICY – A MODEL FOR AN INTEGRATED WATER

REGIME ?

David GRIMEAUDSenior Lawyer – Brussels Office

HUGLO LEPAGE & Partners

I. INTRODUCTION

Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework

for Community action in the field of water policy

Policy and legal context - Multi-facetted integration - Sustainable development – Environmental objectives and

derogations – River Basin approach - Regulatory and Market-based instruments.

Plan

I THE FACTS: SOME FIGURES ON FRESHWATERS.

1. Global Figures on Freshwater.

1.1 Two main threats on freshwater resources.1.2 Global Figures on Freshwater Scarcity.

2. Figures and indicators on Freshwater quantity in the enlarged EU.

3. Figures and indicators on Freshwater quality in the enlarged EU: Ecological quality.

4. Figures and indicators on Freshwater quality in the enlarged EU: Nutrients and organic pollution.

5. Figures and indicators on Freshwater quality in the enlarged EU: Hazardous substances

6. Conclusions

PLAN

II THE INTERNATIONAL POLICY AND LEGAL CONTEXT OF THE NEW EC WATER REGIME.

1. WHY: Relevance of international law on marine and freshwater to the EC water regime.

2. WHAT: State of relevant international policy and law on the protection of freshwaters and on marine waters and environment and on hazardous substances.

2.1 Relevant international policy and law on the protection of freshwaters and marine / coastal waters.

2.2 Other relevant international instruments and norms.

PLAN

III THE NEW EC WATER REGIME: A MODEL?

1. EC policy and law context.

1.1 6TH EAP

1.2 Interactions with other non-water EC Directives

1.2.1 The IPPC Directive

1.2.2 The EIA Directive

1.2.3 The Access to Information on the Environment Directive

1.2.4 The Nature Directives

2. The Integration focus of the new EC water regime.

2.1 Normative integration: Recasting EC water law.

2.2 Environmental, Economic and Social integration: Sustainable Development.

2.3 Environmental integration:

2.3.1 Hydrological integration: The River Basin Approach

2.3.2 Water quality and quantity

2.3.3 Water and associated ecosystems

2.4

PLAN

I SOME FIGURES ON FRESHWATERS.

1.Global Figures on Freshwater

1. Two main threats on freshwater resources:

Over-use and over-abstraction: Affecting quantity of available freshwater for humans and animals and associated

ecosystems. Too much pollution: Affecting quality of available freshwater for

humans and animals and associated ecosystems and increasing costs of water treatment for humans and animals and associated ecosystems.

Regarding water quality:

It is estimated that over 50% of worldwide freshwater resources are either “polluted” or “very polluted”: degree of contamination by substances that requires prior advanced treatment to make water usable.

I.1 SOME FIGURES ON FRESHWATERS.

2. Global Figures on Freshwater Scarcity

It is estimated that the minimum amount of water required to meet human basic needs is comprised between 20 and 50 litres per person per day: On an annual basis: 7300 – 18.250 litres or 7,3 – 18,25 m3.

To meet basic needs:

Water quantity: consumption, sanitation and domestic and personal hygiene sufficient to maintain health

Sufficient quantity of water of sufficient quality: human basic needs and health require

adequate water quality free of hazardous chemical and

biological contamination.

To achieve sustainable human development :

Water in sufficient quantity for i.e. agriculture, industry, tourism, transport. Agriculture accounts for 80 % of freshwater use in developing countries.

As a key feature for sustaining life and economic and social development, many large-scale infrastructures have been built to direct water to particular usages.

More than 45.000 large dams today (more than 15 meters high). Increased storage capacity has allowed hydro-electricity production, irrigation for

agriculture and access to water for more people. Irony: more water stored, more demand for water, increased water scarcity.

Water demands keeps on growing:

Global water consumption increased by 600 % between 1900 and 1995: twice more than the rate of population growth.


Humans withdraw 4.000 km3 per year (4.000.000 m3 / 4.000.000.000 litres):

Annual global runoff (water available for human use after evaporation or absorption into groundwaters bodies) is 9.000 km3 + 3.500 km3 stored in reservoirs.

Yet, water supplies are unevenly distributed (base-year 2000):

41% of the world’s population (2,3 billion people) live in river basins under “water stress”: water supply per capita < than 1.700m3 per year.

Out of those 41%, 1,7 billion people live in river basins under “high water stress”: water supply per capita < than 1.000m3 per year.

If water consumption remains unchanged:

48 % of the world’s population (3,5 billion people) will live in river basins under “water stress” in 2025, extended beyond semi-arid and arid areas.


Global Figures on Freshwater Scarcity



2. Figures and indicators on Freshwater quantity in the enlarged EU.

“Europe’s water: An indicator-based assessment”, European Environmental Agency (2003)

Good:

In general terms, the EU does not suffer from water scarcity, with the exception of “hot spots” (Southern Europe) in prolonged heat wave periods.

Total water abstractions have decreased over past 10 years, except in Western Southern Europe.

Most sectors have reduced their water use via:

more efficiency in water use water-re-use devices higher water prices.

Not so Good:

Slight increase in agriculture water use (irrigation) in Western Southern Europe.

Slight increase in water abstraction for energy production in non-Mediterranean accession countries (i.e. Hungary, Slovakia)

Expectations that growth in tourism in Southern Europe shall increase water use.

Over-abstraction remains a major concern in many costal areas and island of the Mediterranean Sea where drinking water have now become contaminated by seawater.

Indicators for assessment of EU water scarcity and quantity

(a) Available water

12 countries have less than 4.000m3 per capita / per year (i.e. Cyprus, Malta, France, Belgium, UK).

Climate projections:

decreasing rainfalls in Southern Europe and increasing precipitations

for Central and Northern Europe.

(b) Total water abstraction.

18 % of Europe’s population lives in water-stressed countries (mostly Southern Europe).

10% of total EU freshwater resources is abstracted per year.

Yet, total water abstraction decreased in past 10 years, except in Southern Europe.

(c) Water consumption

Water consumption index: Total water consumption divided by the long-term freshwater resources of the

country.

Based on the assumption that 80% of total water abstracted for agriculture, 20% for urban use, 20 % for industry and 5 % for energy production is not returned to water bodies

12 countries have a high water consumption index: countries that have the highest agricultural water use and which use in some cases over 10 % of their annual available resources (i.e. France).

(d) Sectoral use of water / Agriculture

Agriculture is the largest water-use sector mainly for irrigation.

Southern European countries have the largest area of irrigated land and use 3 times more water per unit of irrigated land than other parts of Europe.

Amount of water used for irrigation has increased in past 10 years in Southern European countries.

Amount of water used for irrigation in Central accession countries has decreased in past 10 years because of deterioration and non-use of irrigation systems.

(e) Sectoral use of water / Urban use : households and industries connected to public water supply

Amount of urban water use depends on climate, efficiency of public supply services, patterns and habits of water use, economic instruments, technological change.

In Western and Central Europe, urban water use is around 100m3 / per capita / per year.

Urban water use has decreased in part 15 years as the result of measures to reduce demand (i.e. water pricing) and economic restructuring.

(f) Overall reservoir stocks

Primary functions of water reservoirs are for hydroelectric power production, storage for public water supply and irrigation.

Around 13% of mean annual rainfall in Europe is stocked behind dams

Turkey, Cyprus and Spain have the highest % volume of stored water in relation to their annual renewable freshwater resources (over 20 %). They are those which also use the highest % of their resources for irrigation.

In other countries, the majority of water reservoirs is used for

hydropower production.

(g) Saltwater intrusion

Saltwater intrusion is the result of over-exploitation of groundwater bodies (when abstraction exceeds recharge and leads to lowering groundwater level).

Italy, Spain and Turkey are affected by saltwater intrusion caused

mainly by groundwater over-exploitation for public water supply.

(h) Groundwater levels

Over-abstraction of groundwater can decrease level in associated water aquifers affecting in turn depending terrestrial ecosystems.

Groundwater level has increased in the EU as a result of decrease and regulation of groundwater abstraction.

(i) Water prices

Domestic sector

General trends towards higher prices in real terms in 1990s. Yet, wide variations within each country and among EU countries due to:

Partial or full cost recovery State of water quantity Subsidies

Water charges represent generally small % of household income: from 0,2% in Oslo to 3,5 % in Bucharest.

In accession EU countries, water charges significantly increased due to halting of water subsidies:

15-fold increase in Hungary during 1990s resulting in decrease of water use by 50%.

Countries with highest increase in water charges in domestic sector in 1990s:

Hungary: + 18,5% / year France: + 7% / year DK: +6,2% / year

Industry and agriculture sectors

Industry is price-sensitive to high water charges resulting in investments in water-use and efficiency technologies.

Water-use in Agriculture is highly subsidised

Illustrative figures on water charge distribution between households, industry and agriculture in EURO/m3:

Households IndustryAgriculture

Holland: 3,2 1,21,4

France: 3,1 0,80,1

UK: 2,3 1,70,2

Spain 1,1 1,10,25

(j) Water use efficiency in domestic sector

General trends towards more water efficiency use in last 30 years due to technology changes in domestic devices compensating partly for urbanisation, wider access to home toilets and washing machines.

Water use in households:

Toilet flushing: 33% Bathing and showering 25% Washing machines, dishwashers: 15% Cooking: 3%

(k) Water leakage

Concerns losses of water in distribution network.

Still high in many urban areas due to

Uneasy access to water pipes Low level of replacement of infrastructure Asbestos cement pipes Unfavorable soil conditions Lack of financial resources

Illustrative figures on water leakage in urban water networks in 1990s

Bulgaria: 50% Slovenia: 44% Hungary: 35% Romania: 31% France and Italy : 30% UK : 22% Uneasy access to mains Germany: 3% due to combination of good soil conditions, high level of replacement of

water pipes, low level of agressiveness of water supplied.

Background:

Plants and animals in lakes, rivers, transitional and coastal waters are sensitive to changes in chemical state of water bodies caused by, a.o:

Change in climate Eutrophication Organic pollution Hazardous substances Physical changes of water bodies via dams, channelisation of rivers…

Many policy objectives of the EU

To achieve a “good status” by 2015 (FWD) To promote sustainable use of seas and to conserve marine ecosystems (2002 Thematic Strategy). To halt biodiversity decline by 2010 (CBD) To protect and restore habitats and to halt biodiversity losses by 2010.

3 Figures and indicators on Freshwater quality in the enlarged EU.

Ecological Quality


Good:

River quality is improving. Lake quality is improving. Rate of arrival in non-indigenous species in European seas has reduced since 1970s.

Not so Good:

Many Lakes in accession countries highly polluted. High rate of presence of non-indigenous species in European rivers and lakes poses major

threats to associated ecosystems Increasing non-indigenous species in Atlantic oceans High pressures on habitats of EU transitional and coastal waters due to high population

densities, tourism and agriculture Unsustainable fishing causes decreasing fish stocks.

Indicators for assessment of ecological quality of EU water

(a) River quality

River classification schemes often used to assess extent of pollution.

Different types of schemes:

Based only on physico-chemical parameters (i.e. pH, ammonium) Based only on biological parameters (i.e. macro-invertebrates) Based on a combination of both.

None of the existing schemes respond to requirements of the FWD.

In general terms, existing national schemes show an improvement in quality of rivers due to reinforced regulation of discharges and human activities. Yet, illustrative figures show that :

97% of assessed rivers in Czech Republic are classified “less than good” 90% in Poland 55% in Sweden 50% in France.

(b) Lake quality

Only some countries developed “lake classification schemes” based on concentrations of

Nutrients (phosphorus) and Chlorophyll

None of the existing schemes respond to requirements of the FWD.

In general terms, existing national schemes show an improvement in quality of lakes.

(c) Transitional and coastal waters quality

Fewer national classification schemes based on combination of

Chemical and Biological and Aesthetic measures.

In general terms, existing national schemes show an improvement in quality of transitional and coastal waters resulting from the implementation of Urban WasteWater Treatment and Bathing Water Directives reducing :

Eutrophication. Discharges of hazardous substances.

(d) Non-indigenous species (aliens, exotic, invasive, non-native) in rivers and lakes: “ Biological pollution”.

Species present in an ecosystem other than the one in which it usually evolve.

Species competing with native species, disrupting food supplies and introducing new diseases.

“Pollution” ranked as the 2nd most important threat to biodiversity (1st = habitat destruction).

Main modes of introduction:

Accidental (i.e. released by man or resulting from changes in physical water environment) Aquaculture

France and Italy: most affected EU countries with 42 and 36 new freshwater species introduced.

(e) Non-indigenous species in transitional and coastal waters.

660 non-indigenous species in EU coastal waters (500 in the Mediterranean via Suez canal)

Primary modes of arrival:

Shipping and aquaculture

(f) Loss of habitats in transitional and coastal waters.

EU coastline : 89 000 Km. Large part is affected!

Main pressures:

Industry, Tourism, Fishing, Aquaculture , Agriculture and Population densities

57% of EU coastline used for agriculture, industrial or urban purposes.

14 out of the 65 priority habitats listed in the Habitats Directive are in the coastal zone.

Background:

Excessive Nutrients (Nitrogen and phosphorus) concentrations :

can lead to eutrophication: occurrence of planktonic algae using up oxygen when dead algae decompose resulting in death of fish.

Can lead to changes in aquatic vegetation Can make water unsuitable for recreational purposes, fish farming. Can make water unsuitable for human consumption

Nitrogen pollution mainly due to agriculture run-off.Phosphorus pollution mainly due to households and industry effluents.

Excessive organic pollution (Nitrogen and phosphorus) concentrations :

Can lead to reduction of water bodies chemical and biological quality Can lead to adverse impacts on associated biodiversity

Organic pollution mainly due to discharges from wastewater treatment plants, sewage sludge disposal, industrial effluents and agriculture run-off.

4. Figures and indicators on freshwater quality in enlarged EU.

Nutrients and organic pollution

Many policy objectives of the EU

To prevent further deterioration of water bodies and of associated ecosystems (FWD) To ensure progressive reduction of pollution of groundwater (FWD) To achieve levels of water quality that do not give rise to unacceptable risks to human health and the

environment (Drinking water directive)

Main EU legislation concerned

Water Framework Directive: a “good status” by 2015 Bathing Water Directive Nitrates Directives Urban Waste Water Directive Integrated Pollution Prevention and Control Directive Drinking Water Directive


Good:

Organic pollution of rivers has decreased in 1990s via biological treatment of waste water and wider access to tertiary wastewater treatment

Eutrophication of lakes is decreasing Quality of bathing waters has increased Reduction of phosphorus and nitrogen discharges

Not so Good:

Nitrate drinking water limit values are exceeded in 30% of groundwater bodies Large surplus of nitrogen in agriculture soils that can potentially pollute surface

and groundwaters. Low oxygen concentration in many estuaries.

Indicators for assessment of level of nutrients and organic pollution of EU water

(a) Nitrate in groundwater

Agriculture as the largest contributor via percolation of fertiliser through the soil

20% of EU stations have concentrations in excess of maximum allowable concentrations (50 mg / l)

40% of EU stations have concentrations in excess of guide values set in Drinking Water Directive (25 mg / l as nitrogen)

France and Sweden are the most affected.

(b) Organic matters and ammonium in rivers

Organic matters (measured as biochemical oxygen demand) and ammonium are key indicators of the oxygen content of water bodies.

High concentrations in organic matters and ammonium affect chemical and biological quality of rivers and associated ecosystems.

Concentrations in organic matters and ammonium reduced by 25% and 50% in 1990s due to implementation of the Urban Wastewater Directive with increased level of treatment.

(c) Phosphorus in Lakes

Discharges of human-induced nutrients in lakes has caused eutrophication.

% of lakes and reservoirs with low concentrations in phosphorus has decreased due to Urban Waste Water Directive and wastewater discharges diverted to rivers.

(d) Discharges of organic matters from point sources

Discharges mainly from industrial effluents from wood, food and chemical industries etc.

Industries have decreased their discharges due to cleaner technologies implemented as a result of the IPPC Directive requiring the use of BAT.

(e) Use of fertilisers as a major source of nitrogen pollution.

Nitrogen fertilisers and manure used on arable crops to increase productivity.

In the EU, mineral fertilisers account for 50% of nitrogen inputs into soils and manure for 40%.

When the amount of fertiliser applied (input) is in excess of the amount that can be used by the crop (output), the nitrogen surplus can then end up to the soil and pollute water bodies.

Nitrogen / nitrate surplus are found where the livestock density if the highest (NL).

(f) Nitrate in drinking water. Affect all EU countries causing concerns in terms of human health. Belgium: 30% of 5000 wells have nitrate concentrations in excess of 50 mg /l. In early 1990s: In Bulgaria: 80% of population exposed to nitrate concentrations in excess of 50 mg

/l.

(g) Bathing waters. Bathing Water Directive sets parameters to ensure recreational use, including bacteriological quality.

It includes mandatory EQS and non-mandatory (guide values) EQS.

In 2001: 97% of coastal and 93% of inland bathing waters met the mandatory EQS90% of coastal and 72% of inland bathing waters met the guide values

(h) Other indicators. Nutrients in coastal and marine waters Loads of nutrients discharged to sea Atmospheric deposition of nitrogen to coastal and marine waters Development of urban waste water treatment Microbiological contamination of drinking water Water transparency in lakes Chlorophyll in coastal and marine waters Harmful phytoplankton in coastal waters Oxygen in bottom layers of marine waters. Implementation of the Urban Wastewater Treatment and Nitrate Directives

Background: Chemical production :

From 1 million tonnes in 1930 to 400 millions tonnes in 2001.

100 000 chemical substances registered on the EU market in 2001

10 000 marketed in volumes > 10 tonnes 20 000 marketed in volumes comprised between 1 and 10 tonnes.

Many substances are hazardous to the aquatic environment and to human health from drinking water and food chain.

5. Figures and indicators on freshwater quality in enlarged EU.

Hazardous substances

Emissions :

Point sources (a.o.)

Discharges from industries Discharges from waste water treatment plants Landfills and contaminated land

Diffuse sources (a.o.)

Use of pesticides Anti-fouling treatment on ships

Main EU legislation concerned and objectives:

Water Framework Directive: a “good status” by 2015 Dangerous Substances Directive Integrated Pollution Prevention and Control Directive that aims at reducing pollution from industry Drinking Water Directive


Good:

Concentrations in heavy metals (i.e. cadmium, mercury, PCB, DDT) in rivers are decreasing. Direct and riverines inputs of heavy metals into North-Sea Atlantic have decreased in 1990s as well as

atmospheric inputs. Significant reductions of discharges of some heavy metals from specific industrial sector. Oil discharges from offshore installations and coastal refineries in the EU show no clear sign of increased

pollution despite increase in oil production.

Not so Good:

Limited data on loads of hazardous substances entering the Mediterranean Sea. Pesticides and metal contamination of drinking water is a major pb in most EU countries General non-compliance with EU ELVs and EQS regarding several hazardous substances Concentrations above limits for human consumption still found in mussels and fish from rivers and

estuaries near point sources of pollution.

Indicators for assessment of level of hazardous substances pollution of EU water

(a) Heavy metals in rivers

Concentrations of Lists I and II substances (Hazardous Substances Directive) have decreased since the 1980s.

Example of the Rhine River: reduction of levels in heavy metals by 50 to 90 % due to controls on point source pollution.

(b) Hazardous substances in lakes

Most comprehensive information concern lakes in Nordic countries. A 1995 survey over 3000 lakes showed:

Concentrations in lead, cadmium and zinc are low in northern parts and in areas of high altitude corresponding to areas of low population density and oil consumption.

Concentrations are higher in southern parts due to high deposition from long-range air pollution

(c) Loads of hazardous substances to seas

Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR), 1992, Paris.

A strategy on Hazardous Substances was adopted by the OSPAR Commission whose article 4 provides for the cessation of discharges, emissions and losses of hazardous substances by 2020.

It concerns the OSPAR List of Substances for priority of Action established by the OSPAR Hazardous Substances Committee

Convention for the Protection of the Baltic Sea Area (HELCOM), 1992, Helsinki.

HELCOM adopted a Recommendation in May 2001 for the cessation of discharges, emissions and losses of hazardous substances by 2020.

Convention for the Protection of the Mediterranean Sea Against Pollution (1976, Barcelona) and its Protocol for the Protection of the Mediterranean Sea Against Pollution from Land-based Sources (1980, Athens)

Requires to eliminate pollution from certain substances and to regulate discharges of other contaminants.

Direct and riverine inputs of cadmium, mercury, lead and zinc into the North-Sea and Baltic Sea have significantly decreased in 1990s as well as atmospheric inputs.

(e) Hazardous substances in drinking water

1980 Drinking Water Directive replaced by Directive 98/83/EC sets parameters for drinking water:

Microbiological parameters Physico-chemical parameters Toxic substances (pesticides, hydrocarbons, cyanide and heavy metal etc..)

Most EU countries have pbs with pesticides and heavy metals in drinking water:

Belgium, France, Germany, NL, DK : between 5 and 10% of drinking water supplies often contaminated with pesticides

France and Germany are affected by heavy metal pollution due to insufficient replacement of lead pipes

(f) Other indicators.

Sources of organic substances discharged to water Consumption of pesticides Accidental oil spills from marine shipping Illegal discharges of oil to sea Discharges of oil from refineries and offshore installations Hazardous substances in marine organisms Biological effects of hazardous substances in aquatic organisms

6. Conclusions:

EC has developed a set of indicators to assess the quality and quantity status of EU water bodies, including coastal waters. The WFD shall set appropriate monitoring mechanisms with reinforced indicators and monitoring tools. The structure upon which those indicators are determined and assessed may be summarized as follows:

Driving Forces:

Industry Agriculture Aquaculture Tourism Urbanisation

Pressures :

Point sources Diffuse sources Water abstraction Physical intrusion

Status of water bodies:

Water quantityGroundwater status Ecological status

Impacts :

Loss of habitats and species Impacts on public health Droughts/floods Salinisation Loss of amenity Coastal erosion Non indigenous species Eutrophication, Acidification

Responses : EC and international norms

EQS and ELVs and BAT Water use restrictions Alternative supplies Water prices Improved information Demand side management Voluntary agreements

1. WHY: Relevance of international policy and law on freshwater and marine waters to the EC new water regime.

1. The new EC water regime has not been designed and does not apply in a international legal vacuum:

. EC is Party to several Conventions (in force) on the protection of freshwaters and of marine

waters that are directly relevant to European waters, including to the new EC water regime. They include a.o.:

Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR), 1992, Paris.

Convention for the Protection of the Baltic Sea Area (HELCOM), 1992, Helsinki. Convention for the Protection of the Mediterranean Sea Against Pollution (1976,

Barcelona). Protocol for the Protection of the Mediterranean Sea Against Pollution from Land-based

Sources (1980, Athens). Convention on the Protection and Use of Transboundary Watercourses and International

Lakes (1992, Helsinki). Convention on the Protection of the Rhine, (1999, Berne).

II THE INTERNATIONAL POLICY AND LEGAL CONTEXT OF THE NEW EC WATER REGIME.

2. Provisions of the WFD that refer to international law on the protection of freshwater and marine waters :

WFD rules on the designation of international River Basin Districts extending beyond EU boundaries.

Art. 3 (5) and (6):

In case of such RBD, MSs “endeavour” to set coordination mechanisms with non-EU MSs “with the aim

of” achieving the WFD objectives throughout the RBD

MSs “may” identify existing national or international body as RBD competent authority.

WFD rules on the discharges of hazardous substances into EU water bodies.

Preamble (21) :

WFD aims at ensuring that the EC meets its commitments undertaken under the OSPAR, HELCOM and

Barcelona Conventions with regard to the protection of coastal waters against pollution by hazardous substances.

Art. 1 (c):

One of the objectives of the WFD is to set a new strategy on discharges of hazardous substances into EU water bodies in line with commitments undertaken by the EC under international agreements.

Art. 16 (3):

EC Commission identifies “priority hazardous substances” taking into account international agreements.

3. Conclusions:

The WFD is the key instrument that aims at ensuring that the EC meets its international commitments undertaken under several Conventions on the protection of marine and freshwater resources.

2. WHAT: State of relevant international policy and law on the protection of freshwaters and on marine waters and environment and on hazardous substances.

2.1 Relevant international policy on the protection of freshwaters and marine / coastal waters.

2.1.1 Agenda 21, Chapter 18 “Protection of the quality and supply of freshwater resources: Application of integrated approaches to the development, management and use of water resources”

Sets 7 programmes areas.

Note that it does not call for international legal action at global level !!, but for improved delineation of responsibilities and co-ordination of international organisations and programmes.

“Programme area for the protection of water resources”:

Calls for “holistic management of resources and a recognition of the interconnectedness of the elements related to freshwaters and freshwater quality” while taking a “catchment management approach”.

Calls for simultaneous treatment of surface and groundwater bodies.

Integrated management of water resources should be achieved via:

Preparations of boundaries (river basin approach) for protection, conservation and rational use of all potential sources of water supply.

Water pollution prevention programmes based on:

• (i) reduction-at-source measures• (ii) EIA• (iii) Enforceable standards for major point and diffuse sources of pollution.• (iv) International monitoring programmes• (v) Rehabilitation of degraded catchment areas.• (vi) Application of the polluter-pays principle.• (vii) Treatment plants for industrial and domestic effluents together with effluent

standards• (viii) Application of the precautionary principle.

Regarding groundwater bodies:

• (i) Non-degrading agricultural practices• (ii) Mitigation of saline intrusion• (iii) Establishment of protected areas• (iv) Regulation of abstraction.

Regarding aquatic ecosystems :

• (i) Rehabilitation of degraded water bodies and agricultural lands• (ii) Conservation and protection of wetlands• (iii) Control of non-indigenous species

Regarding the need for international norms.

• (i) to monitor and control pollution in a transboundary context• (ii) to control atmospheric deposition of pollutants affecting water bodies • (iii) to set rules on EIA in a transboundary context.

2.1.2 World Summit on Sustainable Development, Plan of Implementation

Halving by 2015 proportion of the population who do not have access to safe drinking water and basic sanitation.

Intensifying water pollution prevention programmes to reduce health impacts, to protect groundwater bodies, to introduce appropriate technologies and to set national legal frameworks.

To adopt sustainable water use policies and legislation to address water shortages and waste.

To develop by 2005 integrated water resource management plans

To adopt river basin approaches.

2.1.3 Agenda 21, Chapter 17 “Protection of the oceans, all kinds of seas , including enclosed and semi-enclosed seas, coastal areas and the protection, rational use and development of their living resources”

Sets 7 programmes areas.

“Programme area for the integrated management of coastal resources and the coastal environment ”:

Calls for national policies and measures on land use and coastal management Calls for the establishment of “coastal profiles” Calls for integrated coastal and marine environment management Calls for EIA Calls for improvement wastewater treatment in coastal areas, together with

standards on effluents Calls for protection and restoration of affected coastal habitats.

“Programme area on Marine environmental protection ”:

Prioritizes prevention of pollution from land-based sources from which there is no global Convention. It calls for:

Precautionary approach EIA Clean production techniques Sewage treatment facilities Quality management criteria for hazardous substances management and handling Reviewing of regional agreements

2.2 Relevant international legal requirements on the protection of freshwaters and marine / coastal waters.

2.2.1 OSPAR (North Sea Atlantic), 1992, Paris.

Covers a.o. the internal waters (up to freshwater limit) and the territorial seas of Contracting Parties (art. 1(a)).

Parties are to take all possible steps:

to prevent and eliminate pollution of the “maritime area” To conserve marine ecosystems To restore affected marine areas, when practicable.

To do so, Parties are to apply :

Precautionary principle Polluter-pays principle BAT and best environmental practices Priorities on basis of criteria set in Appendix 2 (i.e. toxicity, bioaccumulation, persistence) Prior permit or regulation for point sources Set a system of regular monitoring Set plans to phase-out substances that are toxic, persistent and liable to bio-accumulate Set standards on discharge of waste water effluents.

2.2.2 HELCOM (Baltic Sea Area), 1992, Helsinki.

Replaced the 1974 Paris Convention that failed to protect the Baltic Seas (too general commitments) resulting in 100 000 km2 considered as “dead”

Covers a.o. the internal waters (up to freshwater limit) and the territorial seas of Contracting Parties (art. 1(a)).

Parties are to take measures to “prevent and eliminate pollution to promote the ecological restoration of the Baltic Sea Area and the preservation of its ecological balance”.

To do so, Parties are to apply :

Precautionary and polluter-pays principles BAT, best environmental practices Prevent and eliminate pollution by certain substances discharges by certain sources listed in

Annex I Prevent and eliminate pollution from land-based sources via general regulation and prior

permit of wastewater effluents Achieve EQS for certain substances Conservation of associated ecosystems.

2.2.3 Barcelona Convention and its Protocol on Land-based Sources (The Mediterranean Sea), 1976 and 1980, as amended.

The Convention

• Covers the Mediterranean Sea and its coastal area.

• Parties are to take all appropriate measures to “reduce, combat and, when practicable, eliminate pollution of the Mediterranean Sea Area with a view to contributing to its sustainable development”.

• To do so, Parties are to apply :

To implement the Mediterranean Action Plan Precautionary and polluter-pays principles EIA BAT, best environmental practices

The Land-based sources Protocol

• Parties are to take all appropriate measures to “reduce, combat and, when practicable, eliminate pollution of the Mediterranean Sea Area resulting from discharges coming from river flows and coastal point and diffuse sources with a priority on persistent, toxic and bio-accumulating substances”.

2.2.4 Convention on the Protection and Use of Transboundary Watercourses and International Lakes (1992, Helsinki).

UNECE Convention setting norms moving towards general applicability of all transboundary waters (surface and groundwater bodies) in UNECE countries.

Parties are called upon to reduce, prevent and control transboundary impacts of water pollution with a view to ensure their equitable and rational use (customary international law).

To do so, parties are called upon to:

Ensure treatment of discharges of effluents Reduction and control of emissions of hazardous substances via prior permitting procedures

and general regulation based upon best environmental practices, EQS and BAT. Cooperate via coordination mechanisms and bodies, notification requirements etc…

Mirrors customary international law: Principle 21 Stockholm / Principle 2 Rio.

2.2.5 Convention on the Law of Non-Navigational Uses of International Watercourses (1997, New York).

Landmark development in freshwater international law as:

it sets rules capable of global application codifying international customary law on freshwater !!! it sets an integrated approach combining water bodies and associated ecosystems It sets minimum international standards under which States may not fall. Otherwise violation of the general

principle of not causing damage to the environment of other States.

General principle governing the use of international watercourses:

Watercourse States shall use an international watercourse in an equitable and reasonable manner, which implies optimal and sustainable use of the watercourse and its “adequate” protection.

Right to equitable use if balanced by the obligation to prevent the causing of “significant harm” to other watercourse States.

When such “significant harm” is caused, polluting State must take all appropriate measures to eliminate or mitigate pollution and to eventually compensate for damage.

Other principles governing the use of international watercourses:

Co-operation. Exchanging data Notification in case of accidents and in case of planned activities that may adversely and significantly affect the

watercourse with procedure of consultation.

The protection and preservation and management of associated ecosystems:

Riparian States have the duty to prevent, control, mitigate “significant harm” caused to watercourses and their environment.

Riparian States are to cooperate to establish lists of substances which should be prohibited, limited, controlled and monitored.

Riparian States should not introduce alien species that may be detrimental to native species and plants.

Riparian States may be required upon request of one of them to set up a joint watercourse management body and mechanism

2.2.6 Other relevant sources of international law .

Principle 21 Stockholm / Principle 2 Rio.

Regional Rules: a.o.

1999 Convention on the Protection of the Rhine River : sustainable use of the Rhine ecosystems via ELVs on discharges of chlorides and EQS for Rhine as a source of drinking water, application of the precautionary, polluter-pays and sustainable principles, prior authorisation for discharges of effluents and wastewater and a basin-based approach.

Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework

for Community action in the field of water policy

Policy and legal context - Multi-facetted integration - Sustainable development – Environmental objectives and

derogations – River Basin approach - Regulatory and Market-based instruments.

(1) From a piecemeal water regime to normative integration

“OLD EC WATER REGIME”

(1) Water-types based Directives:

Council Directive 75/4440/EEC on quality required of surface water intended for the abstraction of drinking water + Council Directive 79/869/EEC on methods of measurement and frequencies of sampling and analysis of surface water intended for abstraction of drinking water.

Council Directive 78/659/EEC on the quality of freshwaters to support fish life

Council Directive 79/923/EEC on shellfish waters quality Council Directive 76/160/EEC on quality of bathing water

(2) Water-uses based Directives :

Council Directive 76/464/EEC on water pollution caused by discharges of certain dangerous substances + “Daugther directives” on discharges of (i) mercury discharges by the chlor‑alkali electrolysis industry and by other sectors, (ii) cadmium, (iii) hexachlorocyclohexane and (iv) certain dangerous substances included in List 1 of the Annex to Directive 76/464/EEC.

Council Directive 80/68/EEC on groundwater protection against pollution by certain dangerous substances.

Council Directive 91/271/EEC on urban waste water treatment

Council Directive 91/676/EEC on water protection of against pollution caused by nitrates from agricultural sources.

CRITICS AND WEAKNESSES OF THE OLD EC PIECEMEAL

WATER REGIME:

- complex to implement - Overlaps among Directives in

standards, pollution reduction programmes, monitoring provisions.

- Cases of hydrological incoherence

- Not integrated

A multi-facetted integrative water regime:

(2) From a piecemeal water regime to normative integration

New Approach : The River Basin District Concept

- All types of water bodies regulated at the same time within each River Basin District as the new hydrographic water unit.

- Specific EQS, plans of action, pollution reduction programmes as set out in each water Directives replaced by the concept of “Good water Status” to be achieved by all waters in each River Basin District on the basis of an integrated programmes of measures and River Basin Management Plans

Directive 2000/60/EC ABROGATE:

On 22/12/2007:

(1) Council Directive 75/440/EEC on the quality required of surface water intended for the abstraction of drinking water.

(2) Council Directive 79/869/EEC on methods of measurement and frequencies of sampling and analysis of surface water intended for abstraction of drinking water.

(3) Council Decision 77/795/EEC on a common procedure for the exchange of information on the quality of surface freshwater in the EC.

Directive 2000/60/EC ABROGATE:

On 22/12/2013:

• Council Directive 76/464/EEC on water pollution caused by discharges of certain dangerous substances + “Daugther directives”

• Council Directive 80/68/EEC on groundwater protection

• Council Directive 78/659/EEC fish life waters.• Council Directive 79/923/EEC on shellfish

waters.


(3) A single regulatory instrument based upon normative integration

Normative integration:

Abrogation of most existing EC water Directives and Decisions on water uses and pollutant discharges replaced by one single all-encompassing instrument.

Partial normative integration:

(1) Directives on bathing water, urban waste water treatment and water pollution by nitrates are not abrogated.

(2) Yet, Directive 2000/60/EC must be applied in such a way as to ensure compliance with those Directives: Art. 4 (8).

(3) In addition, Directive 2000/60/EC must be applied in such a way as to ensure compliance with other Directives, including with those that set “protected areas”, such the Habitats (92/43/EEC) and the “Birds” Directives.

Phased normative integration:

(1) Concerned existing water Directives are abrogated either in 2007 or in 2013.

(2) In the meantime, MS must ensure that the standards they set are achieved: Art.4 (9).

(3) Once they are abrogated, derogations to the environmental objectives of Directive 2000/60/EC cannot lead to levels of water quality that are lower than those set in existing water directives: Art. 4 (9).


(4) Other forms of integration

Hydrological integration:

All water types including surface and groundwater, are dealt together in a holistic manner to achieve a good water status” in all river basin district as the new water management unit.

Integration of Environmental and Developmental aspects:

(i) protection and improvement of water bodies, (ii) promotion of sustainable water use via the economic analysis of

water uses and water pricing so as to ensure a sufficient supply of good quality in sufficient quantity

(iii) mitigation the effects of floods and droughts(iv) Derogations allowed in the light of i.e. costs of protective and

enhancement measures, socio-economic needs and sustainable human development activities

Environmental integration :

(i) Regulation of both qualitative and quantitative aspects of water bodies

(ii) Protection of water bodies vis-à-vis associated ecosystems.

(iii) EQS and ELVS set in an integrated manner for all water bodies in each river basin district

Administrative and water management integration:

(1) the designation of 1 competent authority in each river basin district

(2) All measures necessary to achieve the envi. Objectives of Directive 2000/60/EC must be coordinated within the Programme of measure to be set for each river basin district

Policy and regulatory instrument integration:

(1) Integrated Programmes of Measures and River Basin management Plans set for each river basin district.

(2) Combined approach.

(3) Mixture of standards and prohibition-based instruments and market-based mechanisms

Directive 2000/60/EC

(5) Scope of application – General environmental objectives

Scope of Application

- Inland surface waters- Transitional waters (waters close to river mouths partly saline but greatly influenced by freshwater flows)- Coastal waters- Groundwater.

General environmental objectives

(1) No further deterioration of water bodies

(2) No further deterioration of associated terrestrial ecosystems and wetlands

(3) Improvement of aquatic environment via discharge regulations

(4) Significant and progressive reduction of groundwater pollution

Sustainable development objectives

(1) Promotes sustainable water use : sufficient water of good quality for all uses

(2) Mitigate effects of floods and droughts

General environmental objectives

Directive 2000/60/EC 6(1) Specific environmental objectives for water bodies

(1) Surface waters .

(a) No further deterioration of all surface water bodies, without prejudice to application of derogations set out in art. 4 (4-8).

- Derogations must not permanently exclude achievement of objectives of the Directive for water bodies in same RBD

- Derogations must not lead to water quality lower than existing EC water legislation.

(b) Achievement of a “good water status” by 22/12/2015 of all water bodies without prejudice to application of derogations set out in art. 4 (4-8).

- “Good ecological status” (“Good ecological potential” for artificial and heavily modified bodies of surface waters) and

- “good chemical status”.

(2) Groundwater .

(a) No further deterioration of all groundwater bodies, without prejudice to application of derogations set out in art. 4 (4-8) and 11 (3) (j)

(b) Achievement of a “good groundwater status” by 22/12/2015 of all water bodies without prejudice to application of derogations set out in art. 4 (4-8) and 11 (3) (j).

- “Good quantitative status”. - “good chemical status”.

(3) Protected areas.

- Areas designated as such under water for human consumption, Bathing, urban waste water, nitrates, Habitats and Birds Directives (Annex IV)

- MS must establish registers of protected areas in each RBD by 22/12/2004 (art. 6 and 7)- Must achieve the envi. objectives of Directives 2000/60/EC by 2015 or envi. objectives set out in other EC

legislation if more stringent- Derogations do not apply to derogations, unless derogations provided for in other EC legislation.


6(2) To achieve a “good water status” for surface waters

Good ecological status : Status that meets values set out in Annex V that distinguishes between “high”, “good” and “moderate” status: Innovative feature in EC water law !!

- “ status where levels of distortion of biological quality elements resulting from human activity are such as to deviate only "slightly" from those which would prevail under undisturbed conditions and where relevant hydromorphological and physico-chemical quality elements do “support” biological quality components”

- biological quality elements: i.e. phytoplankton, fish fauna.- hydromorphological quality elements : i.e. hydrological regime, morphological conditions- physico-chemical quality elements: i.e. General conditions (i.e. temperature, oxygen) and EQS of

synthetic and non-synthetic pollutants listed in Annex VIII and set by MS in line with procedure provided for in Annex V (point 1.2.6).

The setting of biological quality values:

- Intercalibration exercise / network is set to agree on common numerical values defining boundaries between a “high”, “good”, “moderate”, “poor” and “bad” ecological status.

Good chemical status :

- EQS not exceeding those set for “priority substances” under art. 16 (7) and those set in other EC law such as the Urban waste water, Nitrates and bathing Directives.

Directive 2000/60/EC (6.3) To achieve a “good chemical status” for surface waters and a new EC

policy on discharges of pollutants into surface waters

The “old” EC regime on discharges of pollutants into surface water bodies: Directive 76/464/EEC.

Directive 76/464/EEC is the instrument that regulates discharges of pollutants into EC surface waters:

Substances List I: EC Council (under art. 6) adopted 5 Daughter Directives: EQS and ELVs for 18 of them.

MS must submit any discharges of those substances to prior authorisation specifying ELVs, maximum concentration of the said substances in a discharge.

Substances List II : certain substances and categories of substances + substances List I for which EC Council has not set EQS and ELVs (99 substances).

MS set programmes including EQS for concentrations in surface water of List II substances (Art. 7). MS must submit on the basis of those EQS any discharges of those substances to prior authorization.

A new EC policy on discharges of dangerous substances into surface water bodies.

- Art. 22 (2) (a) Directive 2000/60/EC : List II substances of Directive 76/464/EEC to be replaced by list of “priority substances” to be adopted under Art.16 of Directive 2000/60/EC.

- Art. 6 of Directive 76/464/EEC repealed as of 22/12/2000: implies that EC Council does not set anymore EQS and ELVs for List I substances under that Directive.

- All other provisions of Directive 76/464/EEC repealed on 22/12/2013, including art. 7.

Directive 2000/60/EC and Decision No 2455/2001/EC (6.4) New EC policy on discharges of pollutants into surface waters

Directive 2000/60/EC: Art. 16 (1-3):

Specific EC measures to be adopted against pollution by individual or groups or pollutants presenting “ a significant risk to or via the aquatic envi.

“Priority substances” : progressive reduction of pollution by them. “Priority hazardous substances”: no more discharges by 2020.

Decision 2455/2001/EC establishing a list of priority substances :

• Inserts an Annex X in Directive 2000/60/EC providing a list of 33 “priority substances”, including 10 “priority hazardous substances (I.e. cadmium) , 9 “priority substances under revision” (I.e. lead) and 14 “priority substances”.

Directive 2000/60/EC: Art. 16 (4, 6, 7 and 8): • EC Commission reviews the list of priority substances by 22/12/2004 and every 4 years thereafter• EC Commission proposes for reduction of discharges of “priority substances” and phase-out of “priority

hazardous substances” EQS and ELVs for at least point sources by 20/11/2003. • If no EC EQS and ELVs, MS set, by 22/12/2006, EQS and controls of main dischargers on basis of cost-effective

analysis and combination of product and process controls for point and diffuse sources.

Directive 2000/60/EC and COM(2003) 210 final(6.5) New EC policy on discharges of pollutants into groundwater

bodies

“Good groundwater chemical status”

- To be achieved by 22/12/2015.- MS must stake measures to prevent or limit inputs of pollutants and to prevent deterioration.- MS must reverse any significant and sustained upward trends in pollutant concentrations.- MS must prohibit any diret discharges of pollutants into groundwater, except for i.e. reinjection of pumped

groundwater from mines and quarries.

- “Good chemical status” defined as a status where EQS set under Art. 17 are not exceeded.

- In effect, in line with art. 17 (1-2), EC Commission has proposed a new Directive on the protection of groundwater against pollution (COM(2003) 210) to replace Directive 80/68/EEC and which:

- Sets criteria for assessing goof groundwater chemical status - Sets criteria for identification and reversal of significant and sustained upward trends in pollutant

concentrations- Sets a requirement to prevent or limit indirect discharges of pollutants into groundwater.

COM(2003) 210 final(6.6) New EC policy on discharges of pollutants into groundwater

bodies

Criteria for assessing good groundwater chemical

status

• When pollutant concentrations in nitrates and active ingredients in pesticides are equal or lower than 50mg/l and 0,1µg/l

• When concentrations of any other pollutants are such as that they would not result in failure to achieve a good status for associated surface water bodies nor in any significant decrease in the status of such associated surface water bodies nor in any significant damage to depending terrestrial ecosystems

MS must set EQS for certain pollutants

by 22/12/2005

• For groundwater bodies identified as being at risk of not achieving a good status (in the light of operational monitoring programmes), MS must set EQS for pollutants such as ammonium, arsenic, lead.

Criteria for the identification of significant and sustained trend in pollutant

concentrations

• Does not set specific criteria but merely measurement methods.

• Thus, under Art. 17(3) of Directive 2000/60/EC, it is up to MS to define criteria by 22/12/2005.

• In case there is such a trend, MS must take

measures via the programme of Measures to reverse it.

To prevent and limit indirect discharges into groundwater

• Programmes of Measures must include the prevention of indirect discharges of pollutants 1-6 of Annex VIII of Directive 2000/60/EC (i.e. Cyanides)

• For indirect discharges of pollutants 7-12 of Annex VIII of Directive 2000/60/EC, prior authorisation is compulsory.

Directive 2000/60/EC (7.1) Derogations to the achievement of the environmental

objectives

(1) More delay for achieving a “good status” for surface and groundwater bodies:

Art. 4 (4)

MS may achieve a “good status” for a surface and groundwater body only by 22/12/2021, but upon certain conditions, such as:

• Not to further deteriorate the existing level of quality of the water body

• Delays justified on grounds of technical unfeasibility or disproportionate costs

• Not excluding permanently realisation of a “good status” for water bodies within the same RBD

• Ensuring that other EC legislation are complied with

• At least the same level of protection that the one set ion existing EC water law.

(2) To deteriorate temporarily the status of a water body: Art. 4 (6)

MS may deteriorate the status of a given water body, but upon certain conditions, such as:

• Must result from circumstances of force majeure, exceptional natural event of accident.

• MS must describe in its RBMP what type of unforeseeable natural event or accident would be applicable

• MS must define in advance a water management strategy in its Programme of Measures.

• MS must take all “practicable steps” to prevent any further deterioration and adopt “practicable measures” to restore it “as soon as reasonably practicable” : technical feasibility, costs.


• Ensuring that other EC legislation are complied with • At least the same level of protection that the one set ion

existing EC water law.

Directive 2000/60/EC (7.2) Derogations to the achievement of the environmental objectives

(3) To achieve less stringent environmental objectives : Art. 4 (5)

MS may not achieve a “good status” for a surface and groundwater body, but upon certain conditions, such as:

• Must concern a water body that is affected by human activity or natural conditions that the achievement of a “good status” would be technically unfeasible or too costly.

• Human activities must serve environmental and socio-eco needs that cannot be achieved by other means which would be better for the envi without entailing disproportionate costs.

• The highest surface water status must be achieved and the least change to a “good groundwater status”

• Not to further deteriorate the existing level of quality of the water body


• Ensuring that other EC legislation are complied with

• At least the same level of protection that the one set in existing EC water law.

(4) Not to achieve environmental objectives and to deteriorate water quality : Art. 4 (7)

MS may be permitted not only to not achieve a “good status” for a surface and groundwater body, but also to deteriorate their quality. Yet conditions apply, such as:

• Must result from “new modifications to the physical features of a surface water body or alterations to the level of groundwater”

• A “high surface water status” may lower down to a “good” status if results from “new sustainable human development activities”

• Those modifications and activities must respond to an “overriding public interest” in that the realisation of envi. objectives would be outweighted by benefits from modifications or activities in terms of human health, human safety or SD.

• Those benefits cannot be achieved by other means which would be technically feasible or not too costly.

• All practical steps are taken to mitigate the adverse impacts on the status of the water body concerned.


• Ensuring that other EC legislation are complied with • At least the same level of protection that the one set in existing

EC water law.

Directive 2000/60/EC (8.1) First steps in designing Water Management Scheme

(1) To identify RB and RBD : Art. 3

• MS must identify RB and assign them to individual RBD.

(2) To designate competent authorities : Art. 3

• MS must designate, by 22/12/2003, 1 competent authority for each RBD.


(3) To analyse the features of each RBD by 22/12/2004: Art. 5

(a) To analyse their characteristics

• Surface waters: Compulsory and optional descriptors, such as altitude, geology, acid neutralizing capacity.

• Groundwater: Initial characterization: location, boundaries..

• Groundwater: Further characterization: when a groundwater body is at risk of not achieving a good status,

analysis of its geological and hydrological features and inventory of associated surface waters and terrestrial ecosystems.

(b) To review impacts of human activities

• Surface waters: identification and evaluation of “significant” (i) point and diffuse sources of pollution, (ii) water abstractions and (iii) morphological alterations, which affect their status.

• Groundwater: Further characterization: Review of the impacts of human activities, location of abstraction points and annual average abstraction rates.

(c) To make an economic analysis of water use

• Make calculations to take account of the pple of cost recovery of water services, taking into account long term forecasts of supply and demand for water in the RBD.

• Evaluate the most cost-effective combination of measures in respect of water uses.


(4) To set up monitoring programmes in each RBD by 22/12/2006: Art.8

(a) To monitor surface water bodies

(i) Surveillance monitoring programmes:

• shall allow the categorisation of surface water bodies into 5 classes (from “good” to “bad”)

• shall supplement and validate the RBD analysis

• shall assess long-term changes in natural conditions

(ii) Operational monitoring programmes:

• To determine status of those surface water bodies at risk of not achieving a “good status” and

• To assess any changes following implementation of Programmes of Measures on those bodies at risk

(b) To monitor groundwater bodies

(i) Monitoring of quantitative status :

• Via groundwater monitoring network

(ii) Surveillance monitoring programmes for chemical status:

• shall supplement and validate the RBD analysis• shall assess long-term changes in chemical conditions

(i.e. conductivity, nitrates)

(iii) Operational monitoring programmes for chemical status:

• To determine status of those groundwater bodies at risk of not achieving a “good chemical status” and

• To identify long-term upward trend in pollutants concentrations


(8.4) Second steps in designing Water Management Scheme To establish a “Programme of measures” for each River Basin District

• Must be set by 22/12/2009 and be operational by 22/12/2012.• Based upon outcomes of RBD analysis and monitoring programmes• Must contain “basic” measures and may contain supplementary measures if necessary to achieve a “good status”

or to prevent deterioration.• May contain general measures applying to all RBDs (i.e. rules on permits) and specific measures for each RBD • MS must ensure that the requirements of Directive 2000/60/EC are achieved via a coordination of all measures

in each RBD.


(8.4.1) Second steps in designing Water Management Scheme To establish a “Programme of measures” for each River Basin District

Basic compulsory measures

• Measures to ensure compliance with other EC legislation (i.e. Habitats, urban waste water, drinking water, bathing water)• Measures to ensure cost recovery and promote sustainable water use

To realise a “good ecological surface water status” and a “good groundwater quantitative status”.

• Controls over abstraction of groundwater and surface water via registers of water abstraction and prior authorisation (except if abstractions do not have “significant” impacts over status: yet exemption not systematic as status may change over time because of natural conditions).

• Prior authorisation for artificial recharge of groundwater.

To realise a “good ecological surface water status” and a “good chemical surface water status”.

• Prior authorisation or prohibition of discharges of pollutants listed as “priority substances” and Annex VIII pollutants discharges in “significant quantities”

• Point sources of pollution: Emission controls based upon combined approach (i.e. ELVs, EQS, BATNEEC, Best Practices)• Diffuse sources of pollution: Prior authorisation or prohibition of discharges of pollutants• Measures to prevent any ‘significant losses” form technical installations.• Basic measures must not lead to direct or indirect increase in pollution.


(8.4.2) Second steps in designing Water Management Scheme To establish a “Programme of measures” for each River Basin District

Supplementary measures

• When “basic measures” are insufficient to ensure a good status or to prevent deterioration or to meet any international standards (i.e. for marine waters)

• When a MS decides to apply stricter standards and protective measures

• May include:

- Negotiated environmental agreements - Economic and fiscal measures- Codes of good practices


(8.5) Second steps in designing Water Management Scheme To establish a “River Basin Management Plan” for each River Basin

District

• Must be published by 22/12/2009, reviewed by 22/12/2015 and every 6 years thereafter.• Its objective: Similarly ton the Programmes of measures: to achieve the envir. objectives of the Directive in a

coordinated, efficient and coherent fashion. • Must incorporate all information listed in Annex VII.

Content

• General description of the characteristics of the RBD

• Summary of significant pressures and impacts of human activity on all water bodies in the RBD

• Summary of the Programme of Measures for the RBD

• The economic analysis of water use • Measures taken to ensure protection of

waters used for abstraction of drinking water

• Controls on water abstractions.

Public participation

All “interested parties” can participate into the production, review and updating of RBMP.

• Publication of timetable and work programme 3 years before the start of the period to which the RBMP refers.

• Interim overview of significant water management issues in the RBD published 2 years before the start of the period to which the RBMP refers.

• Draft RBMP published 1 year before the start of the period to which the RBMP refers.

• “Interested parties” have then 6 months to comment of the draft RBMP

(9) Directives 2000/60/EC Water pricing

Aims at implementing the “polluter pays-principle / internalisation of externalities deriving from water uses.

• MS must implement a water pricing policy by 2010.

• Yet:

- MS must “take account of” the pple of cost recovery of water services (abstraction, storage, treatment, distribution of water) and of environmental and resources costs (undefined: costs deriving from water depletion, envir. damage and associated societal impacts).

- Pricing policy must provide “adequate incentives” for users to use water efficiently and based upon “adequate contribution” from agriculture, industry and households: No obligation for “full cost recovery”

- MS may consider the social, economic and envir. impacts of cost recovery as well as geographic and climatic conditions.

- MS may exempt a water use activity from water pricing if this does not put at risk achievement of environmental objectives of the Directive.

- MS can provide funding for preventive or remedial measures (i.e. installations for water-saving), but State aid rules apply.

(10) CONCLUSIONS

• “The good” :- New water regime based upon sustainable development and integration. - Hydrological Integration with concept of RBD and RB - Environmental integration with combination of protection of water bodies (groundwater and surface water) and

associated terrestrial ecosystems. - Administrative and water management integration with Programmes of Measures and RBMP.- Policy instrument integration with combined approach, market-based instruments, ELVs and EQS. - Innovative features with “ecological status”, water pricing, simultaneous treatment of groundwater and surface waters- New policy on discharges of pollutants into surface water bodies- Future policy on protection of groundwater against pollution.

“The not-so-good” :- Much vague terminology :”significant (pollution)”, “adequate incentives”, “with the aim of”. - Requires further clarification. - Provisions on water pricing rather weak.

Thank you very much for your attention !Contact details :

Law Firm HUGLO LEPAGE & Partners :15 Rue d’Egmont, B - 1000 BRUSSELS, BELGIUM

Tel: 00 32 (0)2.502.20.60Fax: 00 32 (0)2.502.04.15

[email protected]@huglo-lepage.com

training course in european and international environmental law 2005 cerium & jean monnet chair...

Documents

freshwater quality

ec water policy

water ec directives

freshwater quantity

freshwater resources

ec policy

water usable

freshwater scarcity