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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
 Directive 98/83/EC 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)
 Directive 91/271/EEC concerning urban wastewater
treatment
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WATER FRAMEWORK DIRECTIVE
 Pollution control
- waste water discharge
- chemical substances emissions and losses.
 Water use control.
 Protection of aquatic ecosystems.
 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
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
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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’ is 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, enhance and restore all bodies of surface water,
subject to the applicationof subparagraph (iii) for artificial and heavily modified bodies of
water, with the aim of achieving good 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 extensionsdetermined 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 artificial and heavily modified
bodies of water, with the aim of achieving good ecological potential and good
surface waterchemical status at 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 extensions determined in accordance with paragraph 4 and to the application
of 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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