EU Water legislation

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Daniella Murphy
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1 EU Water legislation PEIP National Workshop Bosnia and Herzegovina Sarajevo, 19 February 2009 Ruslan Zhechkov, REC based on a presentation by Dagmar Kaljarikova, European Commission, DG Environment Unit E.3 Enlargement and Neighbouring Countries

2 EU policy instruments for protecting our water resources EU Environmental Legislation Water Framework Directive, Urban Waste Water Directive, Nitrates Directive, Groundwater Directive Financial incentives (+/-) new EU Agricultural Policy; EU Funding Tools; water pricing reflecting cost recovery EU Research Programmes

3 Key EU Water Policy Documents Water Framework Directive 2000/60/EC Urban Waste Water Treatment Directive 91/272/EEC Drinking Water Directive 98/3/EC Bathing Water Directive 2006/7/EC Floods Directive 2007/60/EC Communication on Water Scarcity and Droughts 2007 Marine Strategy Directive Overview and texts at

4 Water Framework Directive key elements protecting all waters, surface and groundwaters; covering all impacts on waters; good quality ( good status ) to be achieved, as a rule, by 2015; water quality comprehensively defined in terms of biology, chemistry and morphology; water management based on river basins; monitoring programmes for surface and groundwaters, both as a planning tool and as an assessment instrument; economic instruments: getting the prices right - to promote prudent use of water; mandatory public participation; and complemented/guided by an unprecedented cooperation on implementation.

5 Implementation: a continuous and transparent process Formal transposition into national law; Dec 2003 River basin district designation /May 2004 Environmental analysis; economic analysis Dec 2004 Monitoring programmes operational Dec 2006 Public participation to start at the latest Dec 2006 Draft river basin management plans Dec 2008 Final river basin management plans Dec 2009 Implementation, assessment, adjustment and further

6 Environmental objective holistic definition of good status For surface waters defined in terms of biology (aquatic flora and invertebrate fauna composition and abundance; fish fauna composition, abundance and age structure); chemistry and hydromorphology. For groundwater defined in terms of chemistry (compliance with numerical quality standards; no saline or other intrusions) and quantity (balance between natural recharge and abstractions).

7 Measures to achieve the objectives Good status as the binding general objective for all waters, entailing operational measures to achieve / maintain that objective; Objectives and measures to be tailored to the characteristics and sensitivities of the region ( ecoregions ), and coordinated within the river basin; Additional measures in specifically protected areas (areas subject to eutrophication; nitrate vulnerable zones; areas used or intended to be used for drinking water abstraction).

8 Ambitious and binding on objectives, flexible on tools Legally binding and enforceable on environmental objectives Flexible on paths/tools to achieve these objectives, thus allowing and encouraging innovation Status quo Good status environmental objective

9 ..... European Court of Justice non-compliance can be costly 2. Orders the Hellenic Republic to pay to the Commission of the European Communities, into the account... EC.. own resources, a penalty payment of EUR for each day of delay in implementing 2. Orders the measures the Kingdom necessary of Spain to to pay to the comply with the Commission judgement of in the Case European C-45/91 Communities, from delivery of into the the present account.. judgement.. European. until Community own the judgement resources, in Case C-45/91 a 2. penalty has Orders payment been the French of EUR Republic to pay to the complied with; per year and Commission per 1% of bathing of the areas European in Communities, into Spanish inshore the account waters which EC own have resources, been a penalty payment found not to of conform EUR 57 to 761 the 250 limit for values each period laid of six months down under Directive from delivery 76/160 of the ; present judgment at the end of which the judgment in Case C-64/88 Commission v France has not yet been fully complied with; 3. Orders the French Republic to pay to the Commission of the European Communities, into the account European Community own resources, a lump sum of EUR ;

10 Analysis of article 5 reports (The analysis is demonstrating achievements as well as non-achievements ) ENV and economic analysis shows that a high number of water bodies are at risk: 1. Hydromorphological alterations (inter alia from navigation, pressures of land use in urban and rural areas, hydropower, flood defences) are a common concern across Europe. 2. In several parts of Europe non-delivery on tasks already due (waste water treatment, nitrates pollution from agriculture) plays a considerable role in shaping our waters at risk. 3. Over-abstraction is a problem in some regions. 4. Climate change will aggravate problems in many regions. Full Commission Report (March 2007), published at European Water Conference (

11 Transparency: all WFD environmental assessments available on the Internet Contact address

12 Outlook Protection of all waters across Europe, based on comparable principles and objectives; Binding objectives, at the same time flexibility on the tools how to achieve them; River basin cooperation and involvement of citizens, local communities and stakeholders will reap benefits for all involved; Long-term planning basis for technical, financial and political decisions, at regional and national level as well as at EU and international level.

Further information Commission server http://ec.europa.eu/environment/water/index.

13 Further information Commission server CIRCA system providing public access to all WFD information and documents directive&vm=detailed&sb=title address for further information

14 Thank you for your attention. Source (graphics): ÖVGW

EU Water Policy and Water Framework Directive Helmut Bloech European Commission Directorate General Environment

EU Water Policy and Water Framework Directive Helmut Bloech European Commission Directorate General Environment EUROSAI Working Group on Environmental Auditing 7th Annual Meeting 6-8 October 2009 Sofia