The EU Water Framework Directive A brief overview.

Transcription

1 The EU Water Framework Directive A brief overview. The Water Framework Directive defines water as being: not a commercial product like any other but, rather, a heritage which must be protected, defended and treated as such. Its purpose is to establish a framework in order to provide the following four main objectives of a sustainable water policy: 1. Sufficient provision of drinking water 2. Sufficient provision of water for other economic requirements 3. Protection of the environment 4. Alleviation of the adverse impact of floods and droughts. This Directive expands the scope of water protection to all waters and sets clear objectives that a good status must be achieved for all European waters and that water use is to be sustainable throughout Europe. The new 1

2 directive represents an ambitious and innovative approach to water management. Key elements of the legislation include: The protection of all waters rivers, lakes, surface waters and ground waters; The setting of ambitious objectives to ensure that all waters meet good status by ; The requirement for cross border cooperation between countries and all parties involved; Ensuring the active participation of all stakeholders, including NGOs and local communities, in water management activities; Requiring water pricing policies and ensuring that the polluter pays; Balancing the interests of the environment with those who depend on it. The Water Directive is the basis of the water strategy of the European Union. It brings a major improvement in the sustainable and integrated management of our water resources as, for the first time, all types and uses of water are covered. Due to its far-reaching provisions, several existing pieces of European water legislation can be repealed once the framework directive is adopted, while others remain in place as they are complementary to the directive. Understanding the importance of conserving water and helping to protect it from pollutants is essential. It is even more important when we realise that demand is continuously increasing. It is up to us to ensure that the Water Framework Directive (WFD) is implemented effectively, that there is enough water for future generations and that this water meets high quality standards. 2

3 The Directive encourages all with an interest to actively participate in water management activities. The more we understand how we affect water quantity and quality, the more we can help do our part to protect our precious water resources. The Water Framework Directive encourages all citizens to get involved to protect and manage their waters. The protection of the aquatic environment can only be achieved through further integration of the different policy areas. In essence, the WFD encourages the integration of policies and actions that can contribute to improving water quality. Therefore objectives of sustainable water use in line with the Directive are to be integrated into those of other European policies on agriculture and fisheries, energy, transport, tourism, etc. Where existing legislation fails to solve the problems of good water quality, the Member States must identify where that is the case and design additional measures to satisfy all relevant objectives. Studies show that careful water pricing acts as an incentive for long-term sustainable use of water resources. The WFD requires Member States to develop water-pricing policies where all users contribute in an appropriate way. The principle of the Directive is that the polluter should pay because at the end of the day somebody always has to pay the price of pollution. While the WFD aims at efficient water pricing, it does not require one set price for water across the European Union. Prices will differ from area to area. What will be common is the transparency underpinning water-charging decisions across Europe. 3

4 Devising a pricing system that aims to satisfy efficiency, equity and financial requirements that is acceptable to all stakeholders is a formidable challenge to all water utilities. The Maltese experience has shown that pricing is a very effective tool of demand management but price shocks have to be avoided at all costs. Full water cost recovery is a highly desirable objective but practical considerations cannot be ignored. Pricing policies are generally resisted on account of mistrust of the Government, popular perception that water is a free good and that user fees are inflationary. Whatever the argument, water has social, economic and political implications so that the implementation of a tariff system should provide for a smooth transitional process. The way the WFD will be implemented is unique. It relies on the participation of all the players concerned. It also provides the European Commission, the Member States, the Candidate Countries and all stakeholders with an unprecedented chance for a new partnership to guide the process and ensure effective and coherent implementation. Recognising that water management and quality must respond to local conditions and needs which will vary from region to region, the WFD puts emphasis on the need for actors at different levels to take up their responsibilities. Proper implementation of the WFD will lead to further and important improvements in the quality of our surface waters and ground waters. The Community research programmes can help develop advanced technologies, best management practices and methodologies and tools to support the legislation on water. 4

5 The Directive s provisions are complex and far-reaching, and it has been widely recognised that implementation will be greatly assisted by the preparation of guidelines on a range of technical issues. This challenge has been taken up in the framework of the Common Implementation Strategy for the WFD developed jointly by the Member States and the European Commission and agrees in May Urban Waste-Water Directive The object of this directive is to protect inland waters and coastal waters by regulating collection and treatment of polluted water and discharge of certain biodegradable industrial wastewater. It sets requirements regulating 5

6 effluent discharges at a common fixed standard, allowing exceptions under specified conditions. The Directive also required member States to identify sensitive areas by the end of The Urban Wastewater Directive imposes on Member States the obligation to provide all agglomerations with collecting systems for urban wastewater, which includes domestic and industrial wastewater, as well as run-off rainwater. Member states are also to ensure that urban wastewater shall be subject to secondary treatment before being discharged. Secondary treatment according to the same directive means: Treatment of urban waste water by a process generally involving biological treatment with a secondary settlement. The directive lays down guidelines and specifications for the building of wastewater plants. The directive provides that Member States are to ensure that the discharge of industrial wastewater into collecting systems and urban wastewater treatment plants is subject to prior regulation and specific authorisation by a competent authority. This also applies to the disposal of wastewater from urban wastewater treatment plants. Treatment does not, however, eliminate the waste generated. It simply protects the waters into which the treated wastewater is discharged. The directive makes provision for the re-use of sludge arising from wastewater 6

7 treatment. Indeed, Article 14 states that such sludge should be re-used whenever appropriate. This also applies to treated wastewater. Nitrates from Agricultural Sources Directive This directive complements the urban waste water Directive by reducing and preventing the nitrates pollution of water from agricultural sources such as chemical fertiliser and livestock manure, both to safeguard drinking water for human consumption and to protect fresh water and marine waters from eutrophication (harmful effects of excessive nutrients in waters). This Directive recognises that water pollution by nitrates has been worsened by the introduction of intensive farming methods, with increased use of chemical fertilisers and higher concentrations of animals in smaller areas. The Directive requires each Member States to draw up at least one code of agricultural practice that must be promoted throughout the territory. On the basis of the results from monitoring networks specified in the Directive zones vulnerable to nitrate pollution from agricultural sources have to be identified. In these zones action programmes have to be implemented consisting of mandatory measures in addition the codes become mandatory. 7

8 Dangerous Substances Directive The Dangerous Substances Directive is a framework to bring about the elimination of certain types of pollution and the reduction of other types, with daughter directives setting the standards for individual substances. The objective of this Directive is to combat pollution by harmonising the laws of the Member States on the discharge of certain dangerous substances into ground water and by establishing systematic monitoring of the quality of such water. It requires Member States to control all emissions of dangerous substances by a permit or authorisation system. It relates to virtually all the EU s aquatic environment. The Directive was designed to further, inter alia, the provisions of the 1974 Paris Convention on the prevention of marine pollution from land based sources and hence it has two lists (I and II) of substances, those from which pollution is to be eliminated and those from which it is to be reduced; unfortunately the Directive s lists are not absolutely identical with those of the Convention. 18 substances have so far been covered at a Community level. The Directive obliges Member States to set maximum emission limit values. As an alternative they allow Member States to control pollution by complying with 8

9 water quality standards established in the same Directive and thus derived emission limit values. Discharges liable to contain List I substances require prior authorisation by a competent authority within a State. Such an authorisation must be time limited and must generally lay down emission standards concerning quantities and concentrations of material. The individual standards, which are minimum Union-wide limit values, are contained in daughter Directives and are set taking account of toxicity, persistence and bio-accumability, and the best technical means available to eliminate/reduce pollution. However, parallel quality objectives may be set, and a member state may follow this latter system of regulation, provided the Commission can be convinced by monitoring procedures and the quality objectives are met and maintained. List II substances also require prior authorisation before discharge and are subject to programmes whereby member states reduce pollution according to defined timetables. The emission standards for list II substances will be applied based on quality objectives for relevant waters drawn up in accordance with national standards or, where appropriate, other existing relevant Directives. For those industrial installations covered by the 1996 Integrated Pollution and Prevention Control (IPPC) Directive, the emission values under the daughter Directives are mandatory. Moreover the WFD establishes the water quality standards. For resources not covered by the IPPC Directive, a revision of relevant legislation is presently going on. 9

10 Groundwater Directive Paralleling the Dangerous Substances Directive is the Groundwater Directive, which is designed to prevent, reduce or eliminate pollution of groundwater arising from families and groups of substances. This directive seeks to control the direct and indirect presence of certain substances into the groundwater. This is achieved primarily by the authorisation system for discharges as well as disposal or tipping. Groundwater is defined as that below the ground surface in the saturation zone and in direct contact with the ground or subsoil. Pollution of such water is defined in terms of the discharge into it directly or indirectly of substances resulting in dangers to human health, water supplies, or harm to living resources or aquatic ecosystems, or interferences with legitimate uses of water. Black list substances are to be prohibited from direct discharge into ground water, while indirect discharge must be subject to investigation before authorisation. Grey list substances must also undergo prior investigation before either direct or indirect discharge can be authorised. Authorisations are to be granted for limited periods and must be subject to four yearly reviews, and must specify place and method of discharge, maximum permissible quantities, precautionary and monitoring measures. 10

11 This directive requires Member States to monitor compliance with authorisation and the effects of discharges. On 20 th February 1995, the Council of the European Union passed a resolution expressing concern at the fact that groundwater resources in certain areas remain seriously endangered, both qualitatively and quantitatively. Drinking Water Directive The Drinking Water Directive is designed to safeguard human health by establishing strict standards for drinking water. Though a public health measure it is also concerned with environmental protection, for inexpensive water treatment predicates water sources free of contaminants. Member 11

12 States have to monitor drinking water quality and take all the necessary steps to ensure compliance with the mandatory standards. The Directive provides the parameters and parametric values, patterns and frequently used analyses and reference methods of analysis. In relation to matters subject only to guide level standards, member states enjoy discretion how to act, but in relation to the other standards, i.e. Maximum Admissible Concentration, and Minimum Required Concentration, member states must set their own drinking water standards, no less stringent than those of the Directive. However, provision is made for derogations and for delays. Article 9 allows for derogations in connection with exceptional meteorological conditions or the structure and nature of the ground whence the water supply comes, and in this case long term derogation can apply. Article 10 allows for short-term derogations in cases of emergency or where there is a constant need to use substandard water while it is not possible to treat it adequately. The Commission may under article 20 permit a delay to a Member State experiencing compliance difficulties. Water intended for human Consumption Directive In keeping with Article 3b of the Treaty, which provides that no Community action should go beyond what is necessary to achieve the objectives of the Treaty, it is necessary that Directive 80/778/EEC be revised so as to focus 12

13 on compliance with essential quality and health parameters, leaving Member States free to add other parameters if they see fit. In accordance with the principle of subsidiarity, community action must support and supplement action by the competent authorities in the Member States. Community standards for essential and preventive water intended for human consumption are necessary if minimum environmental quality goals to be achieved in connection with other Community measures are to be defined so that the sustainable use of water intended for human consumption may be safeguarded and promoted. To enable water-supply undertakings to meet the quality standards for drinking water, appropriate water-protection measures should be applied to ensure that surface and groundwater is kept clean. Member States should establish monitoring programmes to check that water intended for human consumption meets the requirements of this Directive. Such monitoring programmes should be appropriate to local needs and should meet the minimum monitoring requirements laid own in this directive. The object of this directive is to protect human health from the adverse effects of any contamination of water intended for human consumption by ensuring that it is wholesome and clean, and to define the essential quality standards which water intended for human consumption must meet. This directive defines water intended for human consumption as: 13

14 (a) All water either in its original state or after treatment, intended for drinking, cooking, food preparation or other domestic purposes (b) All water used in any food-production undertaking for the manufacture, processing, preservation or marketing of products or substances intended for human consumption unless the competent national authorities are satisfied that the quality of the water cannot affect the wholesomeness of the foodstuff in its finished form. Member States are obliged to take any other action needed in order to guarantee the health and purity of water intended for human consumption. In particular, Member States must lay down the parametric values corresponding at least to the values set out in the Directive. Where parameters are not set out in the Directive, limit values must be laid down by the Member States if necessary to protect health. Where the parametric values are not attained, the Member States concerned are to ensure that the corrective action needed is taken as quickly as possible in order to restore water quality. At least every five years, the commission is to re-examine the parameters laid down by the directive in the light of scientific and technical progress. It will be assisted in that process by a Committee comprising representatives of Member States. Every three years member States are to publish a report on the quality of drinking water for its consumers. 14

15 The Surface water Directive This directive is concerned with the quality of surface water whence drinking water may be abstracted and is intended to ensure that standards are met and appropriate treatment given before the water in question is supplied to the public. The Directive, however, goes beyond simple public health requirements and is designed to secure the progressive improvement of relevant surface waters. These waters are required to be classified by quality, which is determined according to the complexity and type of measures needed to produce drinking water from the surface water, and Member States are bound to ensure that such relevant waters do not fall below the standards set in the Directive, some of which are mandatory while others are guidelines which should be respected. Further requirements on sampling surface water for drinking were laid down in Council Directive 79/869/EEC. 15

16 The Bathing water Directive This Directive seeks to ensure that the bathing water throughout the EU, both for fresh water and coastal waters is up to standard. Bathing Water is defined in article 1.2 of the directive as: All running or still fresh waters or parts thereof and sea water, in which: - Bathing is explicitly authorised by the competent authorities of each Member State, or - Bathing is not prohibited and is traditionally practised by a large number of bathers; 16

17 This directive is concerned also with public health and environmental quality in its application to bathing waters, i.e. those fresh or sea waters in which bathing is either explicitly authorised or is not prohibited and is traditionally practised by large numbers of bathers, and the object is to protect the quality of such waters by laying down micro-biological (particularly with regard to sewage) and physio-chemical characteristics to which they should conform. Member States are required to set standards for their bathing waters and must send regular reports on such waters to the Commission. The Commission publishes an annual report on the quality of EU bathing. (Source 17