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Ilona Jančářová
INTERNATIONAL BACKGROUND
Agreement on the protection of the Rhine against
chemical pollution (Bonn 1976 )
Convention on the International Commission for
the protection of the Elbe (Magdeburg 1990)
Convention on the International Commission for
the Oder River Protection against Pollution
(Wroclaw 1996)
Convention on Co-operation for the Protection and
Sustainable Use of the Danube River
Declaration on the Environment in the Danube
River Basin (Sofia 1994)
INTERNATIONAL BACKGROUND
 Convention on the Protection and Use of
Transboundary Watercourses and International
Lakes (Helsinki 1992)
 Convention on the Law of Non-Navigational uses
of International Watercourses
(New York 1997)
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Water is life !
It is a precondition for
human, animal and plant life
as well as an indispensable
resource for the economy.
Water also plays a
fundamental role in the
climate regulation cycle.
EU LEGISLATION
Development in 4 waves :
Drinking Water Directive (1975)
Groundwater Directive (1980)
Urban Waste Water Directive (1991)
Nitrates Directive (1991)
Water Famework Directive (60/2000)
Marine Strategy Framework Directive (2008)
WATER FRAMEWORK DIRECTIVE
Repeal from 22/12/2007 of:
 Directive 75/440
 Directive 77/795
 Directive 79/869
Repeal from 22/12/2013 of:
 Directive 78/659
 Directive 79/923
 Directive 80/68
 Directive 76/464 (special transitional regime)
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WFD daughter directives
 Directive 2008/105/EC on environmental quality
standards in the field of water policy
 Directive 2006/118/EC on the protection of
groundwater against pollution and deterioration
 Directive 2006/7/EC concerning the management
of bathing water quality
LEGISLATION ON WATERS
 Council Directive 98/83/EC of 3 November 1998 on
the quality of water intended for human
consumption
 Directive 91/676/EEC concerning the protection of
waters against pollution caused by nitrates from
agricultural sources (Nitrates Directive)
 Council Directive 91/271/EEC concerning urban
waste-water treatment
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GREEN - all second River Basin Management Plans
adopted
YELLOW - part of the second River Basin
Management Plans adopted
RED - second River Basin Management Plans not
yet adopted
Status of implementation
of the WFD in the Member States in 2016
WATER FRAMEWORK DIRECTIVE
WATER FRAMEWORK DIRECTIVE
Aim:
 Prevention and halt of further deterioration and
protection and enhancing of aquatic and terrestrial
ecosystems.
 Promotion of sustainable water use .
 Enhanced protection and improvement of the aquatic
environment through the progressive reduction of
discharges, emissions and losses of priority
hazardous substances.
 Progressive reduction of groundwater pollution.
 Mitigation of the effects of floods and droughts.
WATER FRAMEWORK DIRECTIVE
The scope of the directive:
Surface waters
Groudwaters
Coastal waters
Aimed at protection of all waters, but did not cover
marine waters
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WATER FRAMEWORK DIRECTIVE
Regulation is based on river basin approach:
 MS have to organise their waters according to individual
river basin districts
 the protection measures attach to those districts
 Duty to designate: river basin districts
international river basin districts
WATER FRAMEWORK DIRECTIVE
 ‘River basin’ means the area of land from which all
surface run-off flows through a sequence of streams,
rivers and, possibly, lakes into the sea at a single river
mouth, estuary or delta.
 ‘River basin district’ means the area of land and sea,
made up of one or more neighbouring river basins
together with their associated groundwaters and
coastal waters, which is identified under Article 3(1)
as the main unit for management of river basins.
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WATER FRAMEWORK DIRECTIVE
The ultimate objective is to achieve „good ecological
and chemical status“ for all Community waters by 2015
number of exemptions
‘Surface water status’ is the general expression of the
status of a body of surface water, determined by the poorer
of its ecological status and its chemical status.
‘Good surface water status’ means the status achieved by
a surface water body when both its ecological status and its
chemical status are at least ‘good’.
WATER FRAMEWORK DIRECTIVE
‘Groundwater status’ is the general expression of the
status of a body of groundwater, determined by the
poorer of its quantitative status and its chemical
status.
‘Good groundwater status’ means the status
achieved by a groundwater body when both its
quantitative status and its chemical status are at least
‘good’.
Identification and analysis of waters
Analysis should be revised every six years thereafter
WATER FRAMEWORK DIRECTIVE
Classification – 5 status classes:
 high,
 good,
 moderate,
 poor,
 bad
‘High status’ is defined as the biological, chemical and
morphological conditions associated with no or very low
human pressure.
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WFD Art. 4:Environmental objectives
C – 461/13
 1. In makingoperational the programmesof measuresspecified in the river basin management
plans:
 (a) for surface waters
 (i) Member States shall implementthe necessary measures to prevent deterioration of the
status of all bodies of surface water, subject to the applicationof paragraphs 6 and 7 and
without prejudice to paragraph 8;
 (ii) Member States shall protect, enhanceand restore all bodies of surface water, subject to the
applicationof subparagraph (iii) for artificial and heavily modified bodies of water, with the
aim of achievinggood surface water status at the latest 15 years after the date of entry into force
of this Directive, in accordance with the provisions laid down in Annex V, subject to the
applicationof extensions determined in accordance with paragraph 4 and to the applicationof
paragraphs 5, 6 and 7 without prejudice to paragraph 8
 (iii) Member States shall protect and enhance all artificialand heavily modified bodies of water,
with the aim of achievinggood ecological potentialand good surface water chemical statusat
the latest 15 years from the date of entry into force of this Directive, in accordance with the
provisions laid down in Annex V, subject to the applicationof extensionsdetermined in
accordance with paragraph 4 and to the applicationof paragraphs 5, 6 and 7 without prejudice
to paragraph 8;
C – 461/13
 3 projects concerning the development of the lower
Weser (navigable channel)
 direct effects of excavation and consequent dredging
can cause deterioration without that resulting in a
change in the status class
1) How to interpret „deterioration“?
2) Must EU MS – unless derogation is granted - refuse to
authorize these projects?
C – 461/13
 1. Article 4(1)(a)(i) to (iii) of Directive 2000/60/EC must be interpreted as
meaning that the Member States are required — unless a derogation is
granted — to refuse authorisation for an individual project where it
may cause a deterioration of the status of a body of surface water or
where it jeopardises the attainment of good surface water status or of
good ecological potential and good surface water chemical status by
the date laid down by the directive.
 2.The concept of ‘deterioration of the status’ of a body of surface water in
Article 4(1)(a)(i) of Directive 2000/60 must be interpreted as meaning that
there is deterioration as soon as the status of at least one of the
quality elements, within the meaning of Annex V to the directive, falls
by one class, even if that fall does not result in a fall in classification
of the body of surface water as a whole. However, if the quality element
concerned, within the meaning of that annex, is already in the lowest class,
any deterioration of that element constitutes a ‘deterioration of the status’ of
a body of surface water, within the meaning of Article 4(1)(a)(i).
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WATER FRAMEWORK DIRECTIVE
Regulatory instruments:
 river basin district management plans
 programmes of measures
 areas requiring special protection
 list of priority substances
 economic instruments
 public participation
 effective, proportionate and dissuasive penalties
WATER FRAMEWORK DIRECTIVE
River basin management plans aim to:
 prevent deterioration, enhance and restore bodies of
surface water, achieve their good chemical and
ecological status by 2015
 reduce pollution from discharges and emissions of
hazardous substances
 protect, restore, enhance the status of all bodies of
groundwaters
 preserve protected areas
WATER FRAMEWORK DIRECTIVE
Management plans
 are produced for each river basin district for the period
2009-2015
 are revised in 2015 and every 6 years thereafter
 are complemented by programmes of measures
Programmes of measures
 are drafted for each river basin district
 are aimed at achieving objectives stated in the WFD
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WATER FRAMEWORK DIRECTIVE
Areas requiring special protection (Annex IV)
 The register includes the following types of protected areas:
 areas designated for the abstraction of water intended for
human consumption under Article 7
 areas designated for the protection of economically
significant aquatic species (fish and shellfish areas)
 bodies of water designated as recreational waters,
including areas designated as bathing waters
 nutrient-sensitive areas (vulnerable and sensitive areas)
 areas designated for the protection of habitats or species
including relevant Natura 2000 sites
WATER FRAMEWORK DIRECTIVE
List of priority substances (Annex X)
 substances of major concern for European waters
 priority hazardous substances
a) controls to reduce the emissions, discharges and
losses of all these substances
b) controls to phase out the emissions, discharges and
losses of the subset of priority hazardous substances
WATER FRAMEWORK DIRECTIVE
Economic instruments
Adequate incentives
 to use water resources efficiently
 to recover costs of water services
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WATER FRAMEWORK DIRECTIVE
Participation of the public in WFD implementation
participation especially with regards to management plans
WATER FRAMEWORK DIRECTIVE
Enforcement measures
 MS must introduce arrangements to ensure that
effective , proportionate and dissuasive penalties are
imposed in the event of breaches of the provisions of
this WFD
SYSTEM OF LEGISLATION
Water Framework Directive
 Legislation on specific protection areas (vulnerable areas,
sensitive areas, bathing waters, fresh water fish areas,
shellfish areas)
 Regulation of discharges into aquatic environment
 Protection of groundwater against pollution
 Protection of surface water against pollution
 Protection of drinking water
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LEGISLATION ON
SPECIFIC PROTECTION AREAS
Water Framework Directive
Register of Protected Areas:
 Waters used for the abstraction of drinking water
 Areas designated to protect economically significant
aquatic species (fish and shellfish areas)
 Recreational Waters
 Nutrient Sensitive Areas (vulnerable and sensitive areas)
 Areas designated for the protection of habitats or
species
LEGISLATION ON PROTECTION OF
SPECIFIC AREAS/WATERS
 Directive 98/83/EC on the quality of water intended
for human consumption (Drinking Water Directive)
 Directive 91/676/EEC concerning the protection of
waters against pollution caused by nitrates from
agricultural sources (Nitrates Directive))
 Directive 2006/7/EC concerning the management of
bathing water quality (Bathing Water Directive)
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DRINKING WATER DIRECTIVE
 Aim to protect human health by laying down
healthiness and purity requirements which must be met by
drinking water within the European Union
 Quality standards and general requirements on drinking
water quality
 Monitoring programmes
 Corrective action and restrictions on use
 Exceptions
 Reporting requirements
 Protected areas of waters used for the abstraction of
drinking water
BATHING WATER DIRECTIVE
Aim to improve bathing water quality :
 Identifying and monitoring of bathing waters
 Reporting requirements
 Determining bathing water quality
 Measures to eliminate pollution
 Bathing water profiles
 Exceptional measures
 Information to the public
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NITRATES DIRECTIVE
Aim to protect water quality :
a) by preventing nitrates from agricultural sources
polluting ground and surface waters and
b) by promoting the use of good farming practices
 Identification of water polluted, or at risk of pollution
 Nitrate Vulnerable Zones (NVZ)
 Codes of Good Agricultural Practice (voluntary)
 Action programmes to be implemented by farmers (NVZ)
 National monitoring and reporting
DISCHARGES INTO
AQUATIC ENVIRONMENT
 Directive 91/271/EEC of 21 May 1991 concerning urban
waste water treatment
 Directive 2010/75/EU on industrial emissions (IED)
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URBAN WASTE WATER DIRECTIVE
Aim to protect the environment from any adverse
effects caused by the discharge of such waters.
Relates to the collection, treatment and discharge of urban
waste water and the treatment and discharge of waste water
from certain industrial sector:
 Authorization
 List of sensitive areas
 Requirements for proper collection and treatment systems
 Requirements for discharges, monitoring
 National programmes
INDUSTRIAL EMISSIONS DIRECTIVE
Aim to prevent and control pollution into the air,
water and land and to avoid generating waste from large
industrial installations.
Tools:
 Integrated permitting of certain industrial activities
 Duty apply the best available techniques* (BATs)
 Emission limit values for discharges of pollutants
 Regular inspections of the installations
 Participation of the public in permitting procedure
PROTECTION OF THE QUALITY OF WATERS
 Directive 2006/118/EC on the protection of
groundwater against pollution and deterioration
Quality of groundwater
 Directive 2008/105/EC on environmental quality
standards in the field of water policy
Quality of surface water
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PROTECTION OF GROUNDWATER
AGAINST POLLUTION(Directive 2006/118/EC)
Aim to prevent and combat groundwater pollution
to protect groundwater against pollution and
deterioration:
 criteria for assessing the chemical status of
groundwater;
 criteria for identifying significant and sustained
upward trends in groundwater pollution levels, and for
defining starting points for reversing these trends;
 preventing and limiting indirect discharges (after
percolation through soil or subsoil) of pollutants into
groundwater.
PROTECTION OF GROUNDWATER
AGAINST POLLUTION(Directive 2006/118/EC)
 Provisions related to groundwater quality:
 Treshold values for pollutants
 Treshold values must be included in River Basin District
Management Plans
 Identification of any significant and sustained upward trend
in levels of pollutants found in bodies of groundwater
 Monitoring programmes
 Provisions related to disharges/emissions of
pollutants:
 Prevent indirect discharges of hazardous pollutants
 Limit pollutants not listed as hazardous
PROTECTION OF SURFACE WATER
AGAINST POLLUTION (Directive 2008/105/EC)
Aim to limit the concentrations of certain chemical
substances that pose a significant risk to the environment
or to human health in surface waters in the European
Union
 Environmental quality standards (priority substances)
 Inventories of the discharges of chemical substances,
emissions and losses of these substances
MS must ensure compliance with those standards to
achieve a good surface water chemical status