FREQUENTLY ASKED QUESTIONS ON EU WATER ACQUIS

What is the acquis communautaire?
What’s the evolution in the water sector?
What is the Water framework Directive?
Who was involved in the preparation of the Directive?
What was decided and why should we be interested?
Who should be aware of the Directive and what it means?
What are the key features of the Directive?
What does the Directive require?
How is the Water Framework Directive being implemented?
What is the timetable for implementing the Directive?
What is Public Information and Consultation in the WFD?
What are the definitions of Surface Water and Groundwater Status?
In summary what will the Directive do?


What is the acquis communautaire?


The Community acquis is the body of common rights and obligations which bind all the Member States together within the European Union. It is constantly evolving and comprises:
the content, principles and political objectives of the Treaties;
the legislation adopted in application of the treaties and the case law of the Court of Justice;
the declarations and resolutions adopted by the Union;
measures relating to the common foreign and security policy;
measures relating to justice and home affairs;
international agreements concluded by the Community and those concluded by the Member States between themselves in the field of the Union's activities.
Thus the Community acquis comprises not only Community law in the strict sense, but also all acts adopted under the second and thirdpillars of the European Union and the common objectives laid down in the Treaties. The Union has committed itself to maintaining the Community acquis in its entirety and developing it further. Applicant countries have to accept the Community acquis before they can join the Union. Derogations from the acquis are granted only in exceptional circumstances and are limited in scope. To integrate into the European Union, applicant countries will have to transpose the acquis into their national legislation andimplement it from the moment of their accession.

What’s the evolution in the water sector?
In the water field, an early european legislation began, in a "first wave", with standards for those of our rivers and lakes used for drinking water abstraction in 1975, and culminated in 1980 in setting binding quality targets for our drinking water. It also included quality objective legislation on fish waters, shellfish waters, bathing waters and groundwaters. Its main emission control element was the Dangerous Substances Directive.
In 1988 the Frankfurt ministerial seminar on water reviewed the existing legislation and identified a number of improvements that could be made and gaps that could be filled. This resulted in the second phase of water legislation, the first results of this were, in 1991, the adoption of
the Urban Waste Water Treatment Directive, providing for secondary (biological) waste water treatment, and even more stringent treatment where necessary.
the Nitrates Directive, addressing water pollution by nitrates from agriculture.
Other legislative results of these developments were Commission proposals for action on
a new Drinking Water Directive, reviewing the quality standards and, where necessary, tightening them (adopted November 1998),
a Directive for Integrated Pollution and Prevention Control (IPPC), adopted in 1996, addressing pollution from large industrial installations.
Pressure for a fundamental rethink of Community water policy came to a head in mid-1995: The Commission, which had already been considering the need for a more global approach to water policy, accepted requests from the European Parliament's environment committee and from the Council of environment ministers.  
Whilst EU actions of the past such as the Drinking Water Directive and the Urban Waste Water Directive can duly be considered milestones, European Water Policy has to address the increasing awareness of citizens and other involved parties for their water. At the same time water policy and water management are to address problems in a coherent way. This is why the new European Water Policy was developed in an open consultation process involving all interested parties.  
A Commission Communication was formally addressed to the Council and the European Parliament, but at the same time invited comment from all interested parties, such as local and regional authorities, water users and non-governmental organisations (NGOs). A score of organisations and individuals responded in writing, most of the comments welcoming the broad outline given by the Commission.  
As the culmination of this open process a two day Water Conference was hosted in May 1996. This Conference was attended by some 250 delegates including representatives of Member States, regional and local authorities, enforcement agencies, water providers, industry, agriculture and, not least, consumers and environmentalists.  
The outcome of this consultation process was a widespread consensus that, while considerable progress had been made in tackling individual issues, the current water policy was fragmented, in terms both of objectives and of means. All parties agreed on the need for a single piece of framework legislation to resolve these problems. In response to this, in the October 2000, the EC adopted the Water Framework Directive, under joint decision by the European Parliament and the Council ("co-decision procedure").


What is the Water framework Directive?


The WFD is the most substantial piece of water legislation ever produced by the European Commission, and will provide the major driver for achieving sustainable management of water in the EU Member States for many years to come.

It requires that all inland and coastal waters within defined river basin districts must reach at least good status by 2015 and defines how this should be achieved through the establishment of environmental objectives and ecological targets for surface waters.  

The result will be a healthy water environment achieved by taking due account of environmental, economic and social considerations.
 
 

Who was involved in the preparation of the Directive?


The Directive was the result of a co-decision process by which the Council of Ministers and the European Parliament have joint responsibility for the final text. A conciliation process was needed to resolve the differences between these two bodies. Many organisations, including national and local governments, water service providers, agriculture, industry, consumer associations and environmental non-governmental organisations, were involved in the consultation process leading to the final draft.


What was decided and why should we be interested?


The result was the Water Framework Directive.  It affects us all because we are consumers and pay for our water but, in one way or another, all our activities give rise to pollution. An important feature of the Directive is that it encourages active public consultation and involvement in the decision-making process about future pollution control investment. This means we can all have a say in what is needed to protect our water heritage, ensuring that due account is taken of the environmental, economic and social implications of such investment.


Who should be aware of the Directive and what it means?


The Directive will impact on every aspect of water use: domestic, industrial, agricultural, leisure and environmental conservation. Besides restrictions on point source discharges (e.g. sewage discharge), the achievement of good status will mean tackling the problem of diffuse pollution from agriculture and contaminated land. In some instances, it may require river re-grading work or the reversal of land drainage schemes to restore lost habitats. Environmental organisations hope that implementation of the Directive will result in major improvements to the biodiversity of water habitats.



What are the key features of the Directive?


The concept of river basin management is introduced to all Member States through the establishment of river basin districts as the basic management units. For international rivers these river basin districts (RBDs) will transcend national boundaries (Article 3).
For each river basin district a river basin management plan must be developed, including a programme of measures, and these will form the basis for the achievement of water quality protection and improvement (Articles 11 and 13).
Although its prime aims are environmental, the Directive embraces, all three principles of sustainable development. Environmental, economic and social needs must all be taken into account when river basin management plans are being developed (Article 9).
The river basin management plans will not allow further deterioration to existing water quality. With certain defined exceptions, the aim is to achieve at least good status for all water bodies in each river basin district. Definitions of good status for surface and groundwater are given below. Geographical factors are allowed for when good status is defined and the principle of subsidiarity allows Member States some freedom within the overall requirements of the Directive (Article 4).
The two previously competing concepts of water quality management, the use of environmental quality standards and the use of emission limit values are brought together by the Directive in a new dual approach (Article 10).
To overcome the previously piecemeal nature of water environment regulation, a number of existing directives will be replaced when new local standards are developed to meet the Directive requirements. These local standards must be at least as stringent as those being replaced. Daughter directives will be introduced to deal with groundwater quality and for priority substances (formerly known as dangerous substances) (Article 16).
Measures to conserve water quantity are introduced as an essential component of environmental protection. Unless minimal, all abstractions must be authorised and, for groundwater, a balance struck between abstraction and the recharge of aquifers (Article 11).
The polluter pays principle is incorporated through a review of measures for charging for water use, including full environmental cost recovery (Article 9).
Public participation and the involvement of stakeholders is a key requirement of the river basin management planning process, thus satisfying this aspect of Agenda 215  (Article 14).

What does the Directive require?


In summary, the Directive requires that all surface waters and groundwaters within defined river basin districts must reach at least ‘good’ status by 2015. It will do this for each river basin district by:

Defining what is meant by ‘good’ status by setting environmental quality objectives for surface waters and groundwaters.
Identifying in detail the characteristics of the river basin district, including the environmental impact of human activity.
Assessing the present water quality in the river basin district.
Undertaking an analysis of the significant water quality management issues.
Identifying the pollution control measures required to achieve the environmental objectives.
Consulting with interested parties about the pollution control measures, the costs involved and the benefits arising.
Implementing the agreed control measures, monitoring the improvements in water quality and reviewing progress and revising water management plans to achieve the quality objectives

How is the Water Framework Directive being implemented?



The Water Framework Directive is being implemented through a series of key steps involving the identification of competent authorities to manage the development and implementation of river basin management plans which are at the heart of the legislation.

What is the timetable for implementing the Directive?


The timetable for the implementation of the Directive is given in Table  below, which indicates the principal related Articles. The river basin planning process is cyclical and the Directive requires periodic updates to the river basin management plans and associated programmes of measures on a six yearly basis.

 

Date

WFD - Implementation Timetable

Article

Dec 2000

Directive enters into force

22

Dec 2003

Requirements transposed into national law

24

 

River basin districts and competent authorities identified.

3

Dec 2004

For each river basin district:

 

  • Complete analysis of river basin characteristics including a review of pressures and human impacts on water status. Identify heavily modified and artificial waters.

5

  • Economic analysis of water use.

5

  • Establish a register of protected areas and identify waters used for the abstraction of drinking water.

6, 7

Dec 2005

Identify significant upward trends in water pollution and criteria for establishing the starting point of trend reversal.

5, 17

Dec 2006

Establish environmental monitoring programmes.

8

  • Publish, for consultation, work programme for producing the first river basin management plans.

14

  • Establish environmental quality standards for substances included on the first priority list and controls on principal sources.

16

Dec 2007

Publish interim overview of significant water management issues in each river basin district for consultation.

14

Dec 2008

Publish draft river basin management plans for consultation.

14

Dec 2009

Finalise and publish first river basin management plans:

13

  • designate heavily modified water bodies

 

  • set environmental objectives

 

  • finalise programme of measures to meet objectives.

11

Dec 2010

Ensure ‘true cost’ water-pricing policies are in place.

9

Dec 2012

Ensure that programme of measures is operational.

11

  • Publish timetable and work programme for second river basin management plans.

 

  • Report interim progress in implementing measures.

11

Dec 2013

Review first river basin management plans and publish interim view of issues for the second river basin management plans.

 

Dec 2015

Achieve environmental objectives specified in the first river basin management plans.

4

  • Finalise and publish the second river basin management plans with revised programme

13, 14

  • of measures (to be achieved in 2021)

15



What is Public Information and Consultation in the WFD?


The active involvement of interested parties is a core principle of the river basin planning process as defined in Article 14 of the Directive, in particular during the production, review and updating of the river basin management plans. The Directive requires that Member States shall ensure that, for each river basin district, they publish and make available for comments to the public (including users) the following:
A timetable and work programme for the production of the plan and the consultation measures to be taken, at least three years before the beginning of the plan period.
An overview of the significant water management issues identified in the river basin, at least two years before the beginning of the plan period.
Draft copies of the river basin management plan, at least one year before the beginning of the plan period.
On request, access to background documents and information used for the development of the draft plan.
To allow active involvement and consultation with interested parties, including stakeholders and the public, Member States must allow six months for written comments on these documents.

What are the definitions of Surface Water and Groundwater Status?


‘Good surface water status’ is that achieved by a surface water body when both its ‘ecological status’ and its ‘chemical status’ are at least good.
‘Ecological status’ is an expression of the structure and functioning of aquatic ecosystems associated with surface waters. Such waters are classified as of ‘good ecological status’ when they meet Directive requirements.
‘Good surface water chemical status’ means that concentrations of pollutants in the water body do not exceed the environmental limit values specified in the Directive.
‘Good groundwater status’ is that achieved by a groundwater body when both its quantitative status and chemical status are good.
‘Quantitative status’ is an expression of the degree to which a body of groundwater is affected by direct and indirect abstractions. If this complies with Directive requirements the status is good.
‘Good chemical status’ is ascribed to a groundwater when it meets Directive requirements for the maximum levels of defined pollutants.
In summary what will the Directive do?

The Water Framework Directive is, without doubt, the most comprehensive approach to water policy ever produced by the EU. Its scope is breathtakingly wide and, at first glance, its detail is daunting. Yet it can be seen that the outline river basin planning process is essentially based on the following elementary steps.
1.Identify the water bodies that comprise the river basin district and the pressures upon them.
2.Establish the environmental objectives that signify good status for each water body.
3.Set up a monitoring programme to measure water body status.
4.Establish and implement a river basin management plan and a programme of measures to achieve and maintain good status.
5.Review and update the river basin management plan and the programme of measures to take into account any change of circumstances.
As implementation of the Directive unfolds it will be seen how complex the above steps become. The economic, social and political implications of the sustainable development principles embodied in the river basin management planning process will be observed.


FONTI:
IDEA site (http://www.idea-aisbl.org)
DG environment site (http://www.euwfd.com/index.html)