Requires Member States to take actions to mitigate the effects of floods and droughts.

Transcription

1 2.5 THE WATER FRAMEWORK DIRECTIVE Official Title: Council Directive 2000/60/EC of 23 October 2000 establishing a framework for Community action in the field of water policy INTRODUCTION The Water Framework Directive sets common principles and the overall framework for action regarding water protection measures in the European Union. The Directive imposes the requirement of achieving good status for all waters. Surface waters are described in terms of ecological and chemical status, and groundwaters are described in terms of quantitative and chemical status. Criteria for good status of waters are listed in Annex V of the Directive. The Water Framework Directive combines the quality objectives approach with the limit values approach, which should mutually reinforce each other. In any particular case, the more rigorous approach will apply. This Directive is one of the newest major pieces of environmental legislation; the Member States are obliged to bring into force the rules, regulations and administrative provisions necessary to comply with this Directive by 22 December The Candidate Countries did not negotiate its provisions during the negotiation process, and therefore no specific transitional periods have been designated up to date, however they should be prepared to implement this Directive in the near future MAIN OBJECTIVES OF THE DIRECTIVE The Water Framework Directive: Sets out a system to protect all waters, i.e. surface and ground waters, freshwaters, and coastal waters, against pollution of any type, and to avoid deterioration of both the quality and quantity of waters. Promotes sustainable water use in Member States by requiring a progressive reduction of discharges to water over the long term. Requires Member States to take actions to mitigate the effects of floods and droughts. Requires Member States to follow the principle of cost-recovery in the provision of water supply, sewerage, and wastewater treatment services, i.e. getting the prices right. Lays down provisions for reporting to the European Commission and the public, and increasing public involvement in water management. Page 1

2 2.5.3 KEY PRINCIPLES Water Management Principles and List of Main Pollutants Page 2 The Water Framework Directive contains the following fundamental principles: High level of protection; Precautionary principle (pollution prevention); Rectification of pollution at the source (trying to minimise end-of pipe solutions); Polluter Pays Principle; Integration of environmental protection into other Community Policies e.g. agriculture, transport and energy. Another key concept of this Directive is water management based on river basin districts. The use of river basins to determine boundaries for water protection is an effective way to address water pollution problems. Water pollution spreads naturally throughout a river basin, but not through other geographical or political regions. The following is an indicative list of the main pollutants for which water quality is measured under this Directive (Annex VIII): 1. Organohalogen compounds and substances which may form such compounds in the aquatic environment; 2. Organophosphorus compounds; 3. Organotin compounds; 4. Substances and preparations with carcinogenic or mutagenic properties; 5. Persistent hydrocarbons and persistent and bioaccumulable toxic substances; 6. Cyanides; 7. Metals and their compounds; 8. Arsenic and its compounds; 9. Biocides and plant protection products; 10. Materials in suspension; 11. Substances, which contribute to eutrophication (in particular, nitrates and phosphates); 12. Substances, which have an unfavourable influence on the oxygen balance Corresponding Directives The Water Framework Directive provides a planning and institutional framework to guide the implementation of water sector Directives. There is a list of Directives provided in Annex VI of the Water Framework Directive, which must be adhered to in the river basin management programmes designed by the Member States. These are: The Bathing Waters Directive (76/160/EEC) The Birds Directive (79/409/EEC)

3 The Drinking Water Directive (80/778/EEC, as amended by 98/83/EC) The Seveso Directive (96/82/EC) The EIA Directive (85/337/EEC) The Sewage Sludge Directive (86/278/EEC) The Urban Wastewater Directive (91/271/EEC) The Plant Protection Products Directive (91/414/EEC) The Nitrates Directive (91/676/EEC) The Habitats Directive (92/43/EEC) The IPPC Directive (96/61/EC) How the Directive Works Step 1 Member States (Candidate Countries) must identify river basin boundaries within their territories and assign them to individual river basin districts. Two or more river basins may be combined into one river basin district. All bodies of water used for the abstraction of water for human consumption should be identified in accordance with the Drinking Water Directive. Step 2 Member States establish the institutional structures competent authorities required to manage the river basins. No general guidance regarding such a structure can be provided; there are successful examples of both centralised and decentralised administration systems. It can be advised that the Member States take into account the existing structures and, if they are efficient, try to integrate them into the new river basin structures. Step 3 Member States undertake an assessment of the river basin districts, including assessment of the environmental impact of human activity and an economic analysis of water use (Article 5 + Annex II). For each river district a register or registers of protected areas is to be prepared. Such reviews and registers are to be completed at the latest four years after the date of entry into force of this Directive, and must be periodically reviewed. Step 4 Each Member State is obliged to establish programmes of basic and supplementary measures for each river basin district (Article 11, Annex VI). Basic measures are the minimum requirements for implementation of the Community water legislation. One group of basic measures are those promoting efficient and sustainable water use. For example, Article 9 of the Directive imposes the requirement that the Member States shall ensure by 2010 that water-pricing policies are based on the principle of costs recovery and promote efficient use of water. Page 3

4 Supplementary measures are those measures, which the Member States may choose to adopt as part of the programme, such as various legislative and administrative instruments, promotion of water-efficient technologies, rehabilitation projects, educational project, and R&D measures. Step 5 The Member States prepare river basin management plans for each river basin district lying entirely within their territory (Article 13, Annex VII). For river basins that cross national borders coordination between the relevant Member States is made mandatory; coordination is recommended for river basins that cross borders with countries outside the EU. A good river basin management plan should contain a programme of measures to ensure that all waters in the river basin achieve good water status. The starting point for such a programme is full implementation of any relevant national or local legislation as well as of water-related environmental acquis. If these basic measures fail to ensure good water status, the programme must be supplemented with a more stringent set of measures including prevention and control of industrial, municipal and agricultural water pollution and land use planning options. Step 6 Member States establish programmes for monitoring of water status within each river basin district (Article 21, Annex V). These programmes shall cover both surface and groundwaters, with special measures for the protected areas. They should be operational at the latest six years after the date of entry into force of the Directive, unless otherwise specified in the relevant legislation Reporting River basin management plans are to be issued nine years after entry into force of this Directive. Member States shall send copies of the plans and all subsequent updates to the Commission and to any other Member State concerned within three months of their publication. Member States shall submit interim progress reports within three years of the publication of each river basin management plan IMPLEMENTATION REQUIREMENTS FOR LOCAL/REGIONAL AUTHORITIES Most of the obligations covered by this Directive relate to actions to be taken by the Member States at the central government level such as creation of the relevant legislation and administrative structures. Local governments, even if not designated as the appropriate competent authority (Article 3), will have to cooperate in close terms with higher-level administration. Some activities will have to be initiated and/or controlled within the jurisdiction of local/regional authorities this is specifically related to construction of wastewater treatment plants and sewer networks and to water Page 4

5 pricing policies. Measures designed to meet the prescribed water quality standards and abstraction limits will imply local action Infrastructure Needs This Directive does not contain any descriptions of technical infrastructure required for compliance. Such provisions are covered by the set of corresponding Directives. The Member States must also be aware that existing monitoring infrastructure will have to be assessed and, if necessary, expanded and/or upgraded to ensure compliance with the Directive Planning and Strategy Preparation Preparation of river basin management plans constitutes the main planning/strategizing requirement for the Water Framework Directive. Local/regional authorities should be prepared to follow the measures established in these plans. Therefore, any municipal or regional strategic and financial plans should take into account the provisions resulting from river basin management plans, as designed by the relevant authorities. River basin management plans may be supplemented with more detailed programmes and management plans for sub-basin, sector, issue, or water type, to deal with specific aspects of water management. Local/regional authorities could design such programmes Public Participation Requirements Article 14 of the Directive requires the active involvement of all interested parties in the river basin management plans, in particular in the process of preparation, review and updating the plans. For each river basin, the Member States should publish and receive comments to the plans. A timetable and work programme for preparation of the plan should be made available three years before the beginning of the period to which the plan refers. An interim overview of the significant actions should be made available at least two years before the period to which the plan refers. Draft copies of the plan should be circulated one year before the period to which the plan refers. Regional and local authorities (both governmental and self-governmental) will have at minimum a consulting role during the process of creation of the river basin management plans. They should also provide information to the local communities (in accordance e.g. with the Directive 90/313/EEC on Access to Environmental Information). They may be assigned an intermediary role in gathering comments from the public, depending on institutional arrangements undertaken by each Member State. Page 5

6 2.5.5 CHECKLIST TO IDENTIFY NON-COMPLIANT SITUATIONS RELEVANT TO LOCAL AUTHORITIES Are river basins and sub-basins in your region identified? Are the appropriate authorities designated to manage water quality in river basin districts? If not, can the existing water management structure be converted to meet the requirements of the Directive, or will a completely new structure be needed? Are there any water management plans in river basins ready or under preparation? Are there enough control and monitoring units to check the quality of water in your area of jurisdiction? Can all waters within your area of jurisdiction be described as waters of good ecological and chemical status according to the standards set in the Framework Directive and in other pieces of the EU water-related legislation? If no to the above, does the quality of surface and groundwater comply with existing state and local regulations? Are waters within your jurisdiction of good quantitative status? Is the information on the state of waters freely available to the public? Are water management plans, if they exist, submitted to the public consultation process? RECOMMENDATIONS FOR LOCAL/REGIONAL AUTHORITIES TO ADDRESS NON-COMPLIANT SITUATIONS Check with the relevant state-level institutions what role of local and regional authorities are envisaged in water quality and quantity management. Ensure that there is enough qualified staff and equipment in local and regional units designated to control and/or monitor water policy. Collect data on surface and groundwater quality and quantity in the region and/or make sure that the relevant competent bodies collect such data. River basin management plans to be developed by the relevant river basin management authorities may be supplemented with more detailed local action plans for particular aspects or for parts of the river network. Make sure that all point and non-point sources of wastewater discharges are identified and that all the users of water are aware and comply with water-related regulations. Check the status of technical infrastructure for provision of drinking water and for wastewater collection and treatment; assess if, in the light of the Directive on Page 6

7 urban wastewater treatment, there is an adequate sewerage network and wastewater treatment capacity in your area of jurisdiction. Make the necessary investment decisions regarding new infrastructure for provision of drinking water and wastewater treatment facilities. Prepare a financial plan for provision of adequate water and wastewater infrastructure. Design, together with water infrastructure operators, cost recovery system for water services; make careful prognosis of demand and affordability of the local community. Check options for co-financing the necessary investments in water and wastewater infrastructure from various sources such as environmental funds, pre-accession funds, banks and international financing institutions. Make sure that appropriate administration mechanisms exist for provision of information related to water quality and quantity to the public as well as enabling public consultation process in case of formulating river basin management plans. Page 7

8 2.6 THE URBAN WASTEWATER TREATMENT DIRECTIVE Official Title: Council Directive 91/271/EEC concerning urban wastewater treatment INTRODUCTION The Urban Wastewater Treatment Directive governs collection, treatment and discharge of urban wastewater from agglomerations of different sizes as well as aspects of treatment and discharge of biodegradable wastewater from certain industrial sectors. The Directive adopts the emission limit value approach (as opposed to the water quality objective approach), and as such focuses on the end product of a certain process, which in this case is the quantity of pollutants present in wastewater that are allowed to be discharged to the receiving waters MAIN OBJECTIVES OF THE DIRECTIVE The main objective of this Directive is to protect the environment against adverse effects of wastewater discharges. This should be achieved through application of the executive goals: Ensuring that appropriate technical infrastructure (i.e. wastewater treatment plants and sewerage systems) exists so that urban wastewater is appropriately treated prior to discharge to the receiving waters. Establishing emission limit standards for concentration of the specific substances in urban wastewater discharges as well as for discharges from certain industrial sectors. Regarding the standards, the general rule is that secondary (biological) treatment is required for all areas except those defined as sensitive areas, as required by the Directive. In sensitive areas, tertiary treatment with enhanced removal of nutrients must be applied. In certain areas, mainly coastal and marine areas, primary treatment may be sufficient. Principal Definitions: Agglomeration an area where the population and/or economic activities are sufficiently concentrated for urban wastewater to be collected and conducted to an urban wastewater treatment plant or to a final discharge point. Appropriate treatment treatment of urban wastewater by any process and/or disposal system, which after discharge allows the receiving waters to meet the relevant quality objectives and the relevant provisions of this and other Community Directives. Population equivalent (p.e.) organic biodegradable load having a five-day biochemical oxygen demand (BOD5) of 60 g of oxygen per day. Page 8

9 Sensitive areas receiving waters endangered by the process of eutrophication (enrichment of water by nutrients, especially compounds of nitrogen and phosphorus, causing an accelerated growth of algae which may result in prevention of light penetration and disturbance to the balance of organisms present in the water and in lower quality of water); Annex II to the Directive indicates criteria for establishing sensitive areas. The Urban Wastewater Treatment Directive is one of the most challenging and expensive pieces of the environmental acquis. Therefore, it is one of the most problematic Directives for enforcement in the Candidate Countries, and in most cases long transition periods have been requested IMPLEMENTATION REQUIREMENTS FOR LOCAL/REGIONAL AUTHORITIES Provision of water services, including wastewater treatment in most countries is the responsibility of local/regional authorities. These authorities are usually responsible for construction of wastewater treatment facilities; therefore it is very important that the local/regional authorities get involved, as soon as possible, in the process of planning and execution of the infrastructure-related provisions of this Directive Infrastructure Needs The Directive requires Member States provide specific wastewater treatment infrastructure within the following deadlines (Article 3): By the end of 1998 sewerage systems for waste collection and wastewater treatment plants containing tertiary treatment facilities should be provided in all agglomerations situated in sensitive areas with a population equivalent (p.e.) of more than 10,000. By the end of 2000 sewerage systems for waste collection and wastewater treatment plants should be provided in all agglomerations with a p.e. of more than 15,000; also appropriate treatment for discharges from the agro-food industry should be ensured. By the end of 2005 sewerage systems and wastewater treatment for all the other agglomerations covered by the Directive should be provided (agglomerations between 2,000 and 10,000 p.e. for sensitive areas, and 2,000 15,000 p.e. for other areas). The tables below list the basic standards for wastewater quality to be achieved according to the basic areas and to sensitive areas (Annex I). Page 9

10 Table 1: Requirements for discharges from urban wastewater treatment plants. The values for concentration or for the percentage of reduction shall apply. Parameter Concentration Minimum percentage of reduction in relation to the load of the influent BOD5 at 20 o C without nitrification 25 mg/l O ; 40 in mountain regions over 1500 m over the sea level Reference method of measurement Homogenised, unfiltered, undecanted sample. Determination of dissolved oxygen before and after fiveday incubation at 20 o C in complete darkness. Addition of a nitrification inhibitor. COD 125 mg/l O2 75 Homogenized, unfiltered, undecanted sample. Potassium dichromate Total suspended solids 35 mg/l optional requirement 35 for more than 10,000 p.e. 60 for 2,000 10,000 p.e. 90 optional requirement 90 for more than 10,000 p.e. 70 for 2,000 10,000 p.e. - Filtering of a representative sample through a 0,45 µm filter membrane. Drying at 105 o C and weighing - Centrifuging of a representative sample for at least five minutes with mean acceleration of to g, drying at 105 o C and weighing Table 2: Requirements for discharges from urban wastewater treatment plants to sensitive areas that are subject to eutrophication. One or both parameters may be applied depending on the local situation. The values for concentration or for the percentage of reduction shall apply. Parameters Concentration Minimum percentage of reduction in relation to the load of the influent Total phosphorus 2 mg/l P (10, ,000 p.e.) 1 mg/l P (more than 100,000 p.e.) Total nitrogen 15 mg/l N (10, ,000 p.e.) 10 mg/l N (more than 100,000 p.e.); Reference method of measurement 80 Molecular absorption spectrophotometer Molecular absorption spectrophotometer Page 10

11 In cases where construction of the collecting systems for urban wastewater would produce no environmental benefit or would entail excessive costs, individual systems or other appropriate systems may be used, provided they achieve the same level of environmental protection. The design, construction and maintenance of the collecting systems should be undertaken in accordance with the best technical knowledge not entailing excessive costs. The Directive is neutral on the issue of ownership of wastewater infrastructure. Ownership schemes differ across the Member States Planning and Strategy Preparation The Member States shall, by 31 December 1993, establish an implementation programme for this Directive (Article 17). The European Commission should be provided with an update of information on the programme every two years. Regarding the Candidate Countries, negotiations with the EU led to specific requirements regarding implementation programmes; local and regional authorities should get informed on formulation of such programmes by the relevant state-level authorities. The Directive requires designation of sensitive areas (Article 5 and 6, Annex II). Member States shall identify both sensitive areas as well as less sensitive areas according to the criteria laid down in the Annex II by the end of 1993; such identification should be reviewed at least every four years. A Member State may decide that the provisions binding for sensitive areas will be applied over all its territory. This obligation relates of course also to Candidate Countries; the issue of identification of sensitive areas is one of the subjects of preaccession negotiations. It can be expected that in many cases the decision on designation of the whole country area as sensitive shall be taken (e.g. in cases where the majority of rivers drain to the reservoir where high level of eutrophication is observed). Local and regional authorities should get informed on the status of this crucial issue Reporting Every two years the relevant authorities or bodies should publish situation reports on the disposal of urban wastewater, to be transmitted to the Commission (Article 16). Reports on monitoring, carried out in accordance with the control procedures laid down in Annex I.D, should be made available to the Commission (Article 15) Public Participation Requirements Bi-annual reports on disposal of urban wastewater and sludge should be made available to the public. It should also be borne in mind that the Directive 90/313/EEC on Access to Environmental Information requires that any information related to Page 11

12 environment held by public bodies is to be made available to any interested party on request CHECKLIST TO IDENTIFY NON-COMPLIANT SITUATIONS RELEVANT TO LOCAL AUTHORITIES If the area under your jurisdiction is below 2,000 p.e. or in case of coastal areas, below 10,000 p.e., are wastewater discharges subject to appropriate treatment according to the definition of the Directive? If the area under your jurisdiction is over 2,000 p.e., does a collection system for urban wastewater exist and does it allow to collect all the urban wastewater and channel it to the wastewater treatment plant? Are there wastewater treatment plants in your area? If yes, do the standards of wastewater treated comply with the requirements set in the Directive? If the sewerage and wastewater treatment system is not sufficient for treating urban wastewater from the whole area, are there adequate plans to comply according to the deadlines set in the negotiation position and implementation plan for the Directive? Does the ban on disposal of sewage sludge to surface waters exist in your area? Are industrial discharges subject to a prior authorisation regime? Are all the plants of agro-food industry discharging over p.e. and listed in Annex III of the Directive identified in your area and do they comply to the pretreatment requirements of the Directive? Does the administrative system of authorisation, enforcement and monitoring work well in your area, is there enough qualified staff and appropriate equipment in place? Is the system of data collection in place and is the data on disposal of urban wastewater and sludge transferred to higher-level authorities? Is such data easily accessible by the public? RECOMMENDATIONS FOR LOCAL AUTHORITIES TO ADDRESS THE NON- COMPLIANT SITUATIONS Get informed about the institutional arrangements and implementation schedule worked out during the negotiation process. Check if the relevant administrative structure exists at your level of competence, if they are staffed and equipped so as to enable enforcement of the Directive. Ensure adequate laboratory capacities either within the administration and/or commercial laboratories under contract. Page 12

13 Assess which areas are defined as sensitive; expert analyses may be necessary. Assess whether there are marine waters in your territory that might qualify as less sensitive areas (bear in mind that the Baltic Sea, the North Sea, the Black Sea and the Adriatic do not qualify as less sensitive areas ). Identify agglomerations of over 2,000 p.e. and for each agglomeration identify the relevant standards and deadlines for achieving compliance. Identify the current state of existing sewerage networks and wastewater treatment plants and assess where it is necessary to build the wastewater treatment plant or the collecting system, or both. Before undertaking any construction decisions carry out detailed analyses including prognosis of the demand for water and wastewater services in the region so as to avoid construction of oversized wastewater treatment plants. Bear in mind that, according to general EU guidelines such as polluter pays principle, no subsidies to water tariffs should be applied, and the providers of wastewater services should be able to recover their costs through the tariffs. Carry out social affordability studies to determine whether proposed tariffs are acceptable for local communities (problem may arise if tariff for water and wastewater services exceed 5% of disposable income this may indicate that special measures should be applied). Carry out discussions with the (future) providers of wastewater services in order to identify means of recovering costs of design, construction and maintenance of sewerage system and wastewater treatment plants from the users and set up the charging system. Assess possibilities for good financial engineering of wastewater treatment infrastructure, e.g. check if it is possible to use the EU assistance funds such as ISPA or PHARE, check what loans can be available through environmental and other funds, international financing institutions. Identify the industrial plants, which discharge biodegradable wastewater representing more than p.e. in 11 sectors of food-processing and agricultural industry (according to Annex III), make sure that the programmes of provision of wastewater treatment plants in these industries are developed according to the deadlines set in implementation programme for the Directive. Ensure that industrial discharges are subject to a prior authorisation regime. Ensure adequate cooperation and exchange of information with the authorities of higher level of administration; in particular ensure that the relevant information is provided allowing to publish bi-annual reports to the public on disposal of urban wastewater and sludge. Page 13

14 Page 14 Adjust the format of mandatory statistics managed by the state statistical office to the reporting needs of the European Commission.

15 2.7 THE DRINKING WATER DIRECTIVE Official title: Council Directive 98/83/EC on the quality of water intended for human consumption INTRODUCTION This Directive is to adapt the requirements regarding the quality of water intended for human consumption (previously set in the Council Directive 80/778/EEC) to scientific and technological progress, which took place during the 80s and 90s. The new Directive, after five years of entry into force, will replace the Directive 80/778/EEC (i.e. at the end of 2003), however the Member States are obliged to transpose its provisions to the national law within two years of its entry into force. Provisions of the Directive relate to all individual supplies of water intended for drinking, cooking, food preparation and manufacturing, with possible exemptions made by Member States, in particular for supplies below 10 m 3 per day as an average or serving less than 50 persons MAIN OBJECTIVES OF THE DIRECTIVE This Directive is based on a water quality objectives approach (as opposed to an emission limits approach). Annex I lists detailed water quality standards. The main goals of this Directive are: To protect human health from the adverse effect of contamination of drinking water by ensuring that water intended for human consumption is wholesome and clean (Article 4). To prevent deterioration of the present quality of water intended for human consumption or increase in pollution of waters used for drinking water production. To provide adequate information to the consumers on the quality of drinking water and on any risks to human health related to failures to meet the parametric values. Member States are free to use the most convenient and effective measures for assuring compliance with the standards established within this Directive. Moreover, while compliance with the essential quality and health parameters is a must, Member States are free to add other parameters that they deem necessary for assuring good quality of drinking water. This also means that local/regional authorities are encouraged to take an active role in designing additional measures for reaching good status of drinking water IMPLEMENTATION REQUIREMENTS FOR LOCAL/REGIONAL AUTHORITIES Provision of drinking water that is safe for human health in most cases lies within the scope of responsibility of the regional or local authorities. They may be responsible for construction of water mains and other facilities for provision of water for human Page 15

16 consumption. Article 10 of the Directive sets the obligation to ensure that neither substances nor impurities associated with materials for new installations remain in water intended for human consumption reducing protection of human health Infrastructure Needs The Directive does not contain any specific descriptions of technical infrastructure required for compliance. Some other Directives, which are to be implemented in parallel, focus on infrastructure requirements necessary for ensuring good quality of water through prevention of pollution discharges into the waters. Member States should be aware that the monitoring infrastructure will have to be adjusted and, if necessary, additionally equipped so as to ensure adequate check if water quality is consistent with the relevant standards set in the Directive Planning and Strategy Preparation Member States should decide whether to exempt any categories of water from the provisions of the Directive (Article 3). Member States should also decide whether to provide for any derogation from the parametric values listed in the Directive. Competent authorities (possibly regional and local authorities, depending on the specific arrangements to be decided by the Member States) shall establish appropriate monitoring programmes in accordance with the detailed requirements regarding parameters and frequency of sampling listed in Annex II and establishing methods of analysis in accordance with Annex III. A crucial issue at the planning stage is the choice of a competent authority or authorities and identification of the stakeholders. The role of local/regional authorities as well as of water supply companies has to be clearly defined. A strong inspection and monitoring network will be necessary to ensure compliance. Health authorities and consumer associations may need to be involved in both planning and implementation of the Directive s requirements. Therefore, good practice indicates that a broad consultation process should be undertaken at the planning stage Reporting Member States shall publish a report every three years on the quality of water intended for human consumption, with the objective of informing the consumers and the Commission (Article 13). The Member States are additionally obliged to report to the Commission on: - Cases of derogation from the requirements of the Directive; - Requests for an extension of time for implementation; - Measures taken to comply with the Directive; - Transposition to the national law. Page 16

17 Public Participation Requirements Page 17 Public participation provisions set in this Directive are mostly related to provision of adequate information. Consumers should receive information about the quality of water intended for drinking purposes. They should also be informed promptly in cases where supply of drinking water constitutes a potential danger for human health. Although provision of water, which may cause health risks to users, is prohibited, there may be cases of failure to meet the prescribed standards. In such circumstances competent authorities should advise the consumers of any possible remedial action they could take to avoid risk CHECKLIST TO IDENTIFY NON-COMPLIANT SITUATIONS RELEVANT TO LOCAL/REGIONAL AUTHORITIES Are all points of individual supply of water intended for consumption within your area of competence identified? Is there a sufficient institutional set-up in place to carry out appropriate monitoring of water intended for human consumption? Are there any monitoring programmes formulated for checking the quality of drinking water? Is all water intended for human consumption in compliance with the national/local quality standards? Are these standards different from the ones listed in Annex I to the Directive? Is information about quality of drinking water provided to the consumers? Is there a procedure of informing the consumers on danger related to poor quality of drinking water in cases of failure to meet the prescribed standards in place? RECOMMENDATIONS FOR LOCAL/REGIONAL AUTHORITIES TO ADDRESS THE NON-COMPLIANT SITUATIONS Check the existing legislative, institutional and regulatory arrangements dealing with quality of water intended for human consumption, get informed about arrangements on enforcement of this Directive at the state level. Ensure that all supply points of drinking water are identified, including water used in industrial premises for purposes of food manufacturing; check if these points are appropriately monitored. Formulate the monitoring programme for drinking water supply points (or, if other authorities are deemed competent, check if such a programme exist or is under preparation). Check if water intended for human consumption meets the quality standards set in the Directive; if not, ensure that appropriate measures are taken in order to bring water to compliance with these standards in near future.

18 Page 18 Make sure that the consumers are adequately informed about the quality of drinking water and that appropriate procedures exist for providing information in cases of non-compliance with the quality standards of drinking water.

19 2.8 THE SEWAGE SLUDGE DIRECTIVE Official title: Council Directive 86/278/EEC on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture INTRODUCTION The Directive regulates the use of residual sewage sludge in agriculture. The approach adopted in this Directive is based on maximum limit values. The Directive imposes maximum limit values for concentration of heavy metals in soil and sludge to be applied to soil. It also specifies the conditions to be fulfilled while applying sludge, such as minimum time intervals for the sludge to be applied to individual types of soils based upon the nutrient needs of the plants, obligations to analyse the sludge and the soil, and sampling methods MAIN OBJECTIVES OF THE DIRECTIVE To prevent harmful effects of sewage sludge use in agriculture on soil, vegetation, animals and humans. To encourage the correct use of sewage sludge, which can be beneficial for cultivation of crops, provided that certain safety measures are taken IMPLEMENTATION REQUIREMENTS FOR LOCAL/REGIONAL AUTHORITIES Member States shall designate competent authorities to regulate spreading of sludge on agricultural land. The most likely choice would be the same authority as the one to be created for the Waste Framework Directive and dealing with river basin management Infrastructure Needs The Directive does not require any specific technical infrastructure to be used this is up to the Member States. Sludge should undergo treatment before being used in agriculture, however Member States may authorise the use of untreated sludge if it is injected or worked into the soil (Article 6). Appropriate monitoring infrastructure has to be ensured in order to be able to check if sludge is used according to the Directive. Member States are obliged to apply one of the two possible procedures for achieving heavy metal limit values (Article 5). They may refer either to heavy metal concentrations observed in sludge or to the quantities of metals introduced into the soil per unit of area and unit of time Planning and Strategy Preparation The Directive does not impose any obligation on formulating special plans on sewage sludge use. However the following strategic measures shall be taken: Page 19

20 The areas where sewage sludge is to be spread should be identified and soil content analysed for ph and metals. The use of sewage sludge should be prohibited on (Article 7): Grassland and forage crops to be grazed or harvested less than three weeks after sludge application; Soils where fruit and vegetable crops are growing (except for fruit trees); Soils intended for cultivation of fruits and vegetables, which are normally with direct contact with the soil, and eaten raw, for ten months preceding the harvest. Member States may set more stringent limits than those set out in the Directive, which may involve additional planning. Such planning or strategy development may often take place at the level of local/regional authorities Reporting Member States are obliged to produce, every four years, consolidated reports on the use of sludge in agriculture and keep registers of evidence proving that the requirements of the Directive are satisfied Public Participation Requirements Member States are obliged to require that sewage sludge producers regularly provide users with the specified information relating to composition of sludge (Article 6, Annex IIA). Member States should ensure that records containing detailed information on sewage sludge are kept and made available to the competent authorities. This information should include the quantities, composition, use and results of analysis of sewage sludge, the names and addresses of recipients of sewage sludge, and places where sewage sludge is to be used (Article 10). It should be borne in mind that according to the Directive on Access to Environmental Information (90/313/EEC), the competent authorities are obliged to disclose information related to the state and protection of environment to interested parties, and information on sewage sludge application can be assessed as such type of information CHECKLIST TO IDENTIFY NON-COMPLIANT SITUATIONS RELEVANT TO LOCAL/REGIONAL AUTHORITIES Are there in your area of jurisdiction any state or local regulations on sewage sludge use (e.g. authorisation/permitting schemes)? Are they complied with? Are there competent authorities designated to deal with sewage sludge application in agriculture? Are the soils where sewage sludge is applied identified? Page 20

21 Are there any monitoring systems in place for checking heavy metal values in sewage sludge or in soils where sewage sludge is used? Are the users of sludge aware of consequences of sludge application for agricultural purposes and are they notified of sludge content and procedures to be used so as to avoid negative effects of sludge application? RECOMMENDATIONS FOR LOCAL/REGIONAL AUTHORITIES TO ADDRESS THE NON-COMPLIANT SITUATIONS Check the existing legislation and administrative structures dealing with sludge application in agriculture; verify with higher-level authorities what measures are planned for achieving compliance with the Directive (transposition process, implementation programme). Ensure that the soils within your area of jurisdiction are regularly checked for heavy metals content; check if heavy metals concentration does not exceed the limits of this Directive. Ensure that all the sludge producers are identified and that they provide sufficient information to the users about sludge content and methods of application so as to avoid negative impact on soils, according to the provisions of the Directive. Ensure that a soil-sampling programme is in place and that appropriate monitoring of sewage sludge application is carried out. Make sure that sludge users receive appropriate information about benefits and risks related to sludge application and that they comply with methodological guidelines, as described in the Directive. Make sure that the information on heavy metals content is soils and on sewage sludge application is easily accessible to all interested parties. Page 21