Tag Archives: Water management

Water Protection and Management

Water protection and management

Outline of the Community (European Union) legislation about Water protection and management

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Environment > Water protection and management

Water protection and management

Some 70% of the Earth’s surface is covered by seas and oceans, and these produce almost three quarters of the oxygen we breathe. We can use directly only 1% of this water, however, and many forms of human activity put water resources under considerable pressure. Polluted water, whatever the source of the pollution, flows one way or another back into our natural surroundings – into the sea or water tables – from where it can have a harmful effect on human health and the environment. One of the most important pieces of legislation in this area is the Water Framework Directive.

GENERAL FRAMEWORK

Water protection and management (Water Framework Directive)
Pricing and long-term management of water
Flood management and evaluation
Droughts and water scarcity
Urban waste water treatment

SPECIFIC USES OF WATER

Quality of drinking water
Bathing water quality (until 2014)
Bathing water quality
Water suitable for fish-breeding
Quality of shellfish waters

MARINE POLLUTION

Strategy for the marine environment
Maritime safety: compensation fund for oil pollution damage
Maritime safety: prevention of pollution from ships
Ship-source pollution and criminal penalties
Maritime safety: prohibition of organotin compounds on ships
Maritime safety: Bunkers Convention

REGIONAL WATERS

European Union Strategy for Danube Region
Baltic Sea Strategy
Environment strategy for the Mediterranean
Strategy to improve maritime governance in the Mediterranean
Black Sea Synergy
Danube – Black Sea region

Regional convention

Barcelona Convention for the protection of the Mediterranean
Helsinki Convention on the protection of the Baltic Sea
Helsinki Convention: trans-boundary watercourses and international lakes
Convention for the Protection of the Rhine
OSPAR Convention

DISCHARGES OF SUBSTANCES

Industrial emissions
Integrated pollution prevention and control (until 2013)
Environmental quality standards applicable to surface water
Protection of groundwater against pollution
Detergents
Stockholm Convention on persistent organic pollutants (POPs)
Agricultural nitrates
Community strategy concerning mercury
Protection of the aquatic environment against discharges of dangerous substances (until 2013)
Other substances: protection of groundwater

Another Normative about Water protection and management

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic

Agriculture > Environment

Water protection and management (Water Framework Directive)

Document or Iniciative

Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy [See amending acts].

Summary

The European Union (EC) has established a framework for the protection of:

inland surface waters *;
groundwater *;
transitional waters *; and
and coastal waters *.

This Framework-Directive has a number of objectives, such as preventing and reducing pollution, promoting sustainable water usage, environmental protection, improving aquatic ecosystems and mitigating the effects of floods and droughts.

Its ultimate objective is to achieve “good ecological and chemical status” for all Community waters by 2015.

Administrative arrangements

Member States have to identify all the river basins * lying within their national territory and to assign them to individual river basin districts *. River basins covering the territory of more than one Member State will be assigned to an international river basin district.

Member States are to designate a competent authority for the application of the rules provided for in this Framework-Directive within each river basin district.

Identification and analysis of waters

By 2004 at the latest, each Member State shall produce:

an analysis of the characteristics of each river basin district;
a review of the impact of human activity on water;
an economic analysis of water use;
a register of areas requiring special protection;
a survey of all bodies of water used for abstracting water for human consumption and producing more than 10 m³ per day or serving more than 50 persons.

This analysis must be revised in 2013 and every six years thereafter.

Management plans and programmes of measures

In 2009, nine years after the Framework-Directive entered into force, management plans were produced for each river basin district, taking account of the results of the analyses and studies carried out. These plans cover the period 2009-2015. They shall be revised in 2015 and then every six years thereafter.

The management plans must be implemented in 2012. They aim to:

prevent deterioration, enhance and restore bodies of surface water, achieve good chemical and ecological status of such water by 2015 at the latest and to reduce pollution from discharges and emissions of hazardous substances;
protect, enhance and restore the status of all bodies of groundwater, prevent the pollution and deterioration of groundwater, and ensure a balance between groundwater abstraction and replenishment;
preserve protected areas.

The management plans for river basin districts can be complemented by more detailed management programmes and plans for a sub-basin, a sector or a particular type of water.

Temporary deterioration of bodies of water is not in breach of the requirements of this Framework-Directive if it is the result of circumstances which are exceptional or could not reasonably have been foreseen and which are due to an accident, natural causes or force majeure.

Member States shall encourage participation by all stakeholders in the implementation of this Framework-Directive, specifically with regard to the management plans for river basin districts. Projects from the management plans must be submitted to public consultation for at least 6 months.

From 2010, Member States must ensure that water pricing policies provide adequate incentives for users to use water resources efficiently and that the various economic sectors contribute to the recovery of the costs of water services, including those relating to the environment and resources.

Member States must introduce arrangements to ensure that effective, proportionate and dissuasive penalties are imposed in the event of breaches of the provisions of this Framework Directive.

A list of priority substances selected from among the ones which present a significant risk to the aquatic environment has been drawn up at European level. This list is set out in Annex X to this Framework-Directive.

Key terms used in the act
Inland waters: all standing or flowing water on the surface of the land, and all groundwater on the landward side of the baseline from which the breadth of territorial waters is measured. Surface water: inland waters, except groundwater, transitional waters and coastal waters, except in respect of chemical status, for which territorial waters are also included. Groundwater: all water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil. Transitional waters: bodies of surface water in the vicinity of river mouths which are partly saline in character as a result of their proximity to coastal waters but which are substantially influenced by freshwater flows. Coastal water: surface water on the landward side of a line every point of which is at a distance of one nautical mile on the seaward side from the nearest point of the baseline from which the breadth of territorial waters is measured, extending where appropriate up to the outer limit of transitional waters. River basin: 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: 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.

Key terms used in the act

Inland waters: all standing or flowing water on the surface of the land, and all groundwater on the landward side of the baseline from which the breadth of territorial waters is measured.
Surface water: inland waters, except groundwater, transitional waters and coastal waters, except in respect of chemical status, for which territorial waters are also included.
Groundwater: all water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil.
Transitional waters: bodies of surface water in the vicinity of river mouths which are partly saline in character as a result of their proximity to coastal waters but which are substantially influenced by freshwater flows.
Coastal water: surface water on the landward side of a line every point of which is at a distance of one nautical mile on the seaward side from the nearest point of the baseline from which the breadth of territorial waters is measured, extending where appropriate up to the outer limit of transitional waters.
River basin: 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: 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.

References

Act	Entry into force – Date of expiry	Deadline for transposition in the Member States	Official Journal
Directive 2000/60/EC	22.12.2000	22.12.2003	OJ L 327 of 22.12.2000

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Decision 2455/2001/EC	16.12.2001	–	OJ L 331 of 15.12.2001
Directive 2008/32/EC	21.3.2008	–	OJ L 81 of 20.3.2008
Directive 2009/31/EC	25.6.2009	–	OJ L 140 of 5.6.2009

The successive amendments and corrections to Directive 2000/60/EC have been incorporated in the original text. This consolidated versionis of documentary value only.

AMENDMENT OF ANNEXES

Annex X – List of priority substances in the field of water policy

Directive 2008/105/EC [Official Journal L 348 of 24.12.2008].

Related Acts

Communication from the Commission of 22 March 2007 – Towards sustainable water management in the European Union – First stage in the implementation of the Water Framework Directive 2000/60/EC [COM(2007) 128 final – Not published in the Official Journal].

In this report the Commission sets out the results provided by the Member States concerning the application of the Water Framework Directive. Among other things, it mentions that there is a considerable risk that several Member States will fail to meet the targets set in the Framework Directive, in particular because of the physical deterioration of aquatic ecosystems, especially as a result of overexploitation of water resources and disturbing levels of pollution from diffuse sources. The Commission also indicates that there have been problems with meeting the deadline for incorporating the Framework Directive into national law and shortcomings in the actual transposition process in some cases. However, the establishment of river basin districts and the designation of the competent national authorities seem to be well under way, although progress does still need to be made with regard to international cooperation in some instances. The Commission also indicates that there are considerable differences in the quality of the environmental and economic assessments made in respect of river basins as well as shortcomings in the economic analyses carried out. The Commission finishes by making a number of recommendations to the Member States with a view to making good the shortcomings reported, integrating sustainable management of water into other national policies and making the most of public participation, and gives advance notice of what it plans to do in future in the context of European water management policy.

Report from the Commission of 1 April 2009 published in accordance with article 18.3 of the Water Framework Directive 2000/60/EC on programmes for monitoring of water status [COM(2009) 156 final – Not published in the Official Journal].

Water Protection and Management in other Legal Encyclopedias

Klamath Basin Water Supply Enhancement Act of 2000 – American Legal Encyclopedia

Coastal Zone Management Act Of 1972 in the American Legal Encyclopedia

Bathing water quality

Outline of the Community (European Union) legislation about Bathing water quality

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Environment > Water protection and management

Bathing water quality

Document or Iniciative

Directive 2006/7/EC of the European Parliament and of the Council of 15 February 2006 concerning the management of bathing water quality and repealing Directive 76/160/EEC.

SUMMARY

The European Union (EU) is committed to protecting environmental quality and human health. This Directive therefore strengthens the rules guaranteeing bathing water quality *. It supplements Directive 2000/60/EC on water protection and management.

The Directive does not apply to swimming pools or spa pools, or to artificially created confined waters, subject to treatment or used for therapeutic purposes.

Monitoring of bathing water

Each year, the Member States shall identify the bathing waters in their territory and define the length of the bathing season.

They shall establish monitoring at the location most used by bathers or where the risk of pollution is greatest. Monitoring shall take place by means of sampling:

four samples, including one before the start of the bathing season;
three samples only if the seasons does not exceed eight weeks or if the region is subject to special geographical constraints.

Member States shall communicate the results of their monitoring to the Commission with a description of the water quality management measures. Monitoring may be suspended exceptionally once the Commission has been informed.

Determining bathing water quality

Water quality is assessed on the basis of microbiological data defined according to the parameters described in Annex I. Member States shall then establish a classification of waters of poor, sufficient, good or excellent quality. This classification shall comply with the criteria set out in Annex II.

All bathing waters in the EU must be at least of sufficient quality by the end of the 2015 bathing season. Furthermore, Member States are to take the necessary measures to improve the number of bathing waters of good or excellent quality.

If quality is poor, Member States shall adopt the necessary measures to manage and eliminate pollution, and to protect and inform bathers.

Bathing water profile

The Directive provides for profiles to be established to identify possible pollution, for one or more than one contiguous bathing waters. In particular, they comprise an assessment of:

the physical, geographical and hydrological characteristics of the bathing water and of other surface waters in the catchment area;
pollution and sources thereof;
management measures.

These profiles must be established by 24 March 2011.

Exceptional measures

Member States shall adopt exceptional measures if unexpected situations deteriorate the quality of waters or represent a risk to bathers’ health.

Appropriate monitoring must also be implemented if there is a risk of proliferation of algae. The authorities responsible must therefore:

take management measures and provide information immediately if a proliferation of cyanobacteria (or “blue algae”) occurs;
assess the health risks if there is a proliferation of macro-algae and/or marine phytoplankton.

Transboundary waters

Member States shall exchange information and take joint action if a river basin * extends over several territories.

Information to the public

National authorities shall enable the public to obtain information and to participate in water quality management. Citizens may therefore make suggestions, remarks or complaints. They may also participate in the establishment, review and updating of lists of water quality.

Moreover, Member States shall ensure that adequate information is disseminated actively and is easily available during the bathing season. This concerns in particular:

the classification of water, prohibitions or advice against bathing;
a general description of the water in non-technical language;
a description of the nature and duration of pollution.

Context

This Directive shall repeal Directive 76/2006/EEC by 31 December 2014.

Key terms
Bathing water: any element of surface water where the national authorities of a Member State expect a large number of people to bathe or have not imposed a permanent bathing prohibition, or issued permanent advice against bathing. River basin: area 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.

Key terms

Bathing water: any element of surface water where the national authorities of a Member State expect a large number of people to bathe or have not imposed a permanent bathing prohibition, or issued permanent advice against bathing.
River basin: area 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.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 2006/7/EC	24.3.2006	24.3.2008	OJ L 64 of 4.3.2006

Another Normative about Bathing water quality

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic

Environment > Water protection and management

Bathing water quality (until 2014)

Document or Iniciative

Council Directive 76/160/EEC of 8 December 1975 concerning the quality of bathing water [See amending acts].

Summary

This Directive concerns the quality of bathing water in the Member States of the European Union (EU). It concerns those waters in which bathing is authorised by the national authorities and regularly practised by a significant number of bathers. This Directive does not apply to water intended for therapeutic purposes, or to water used in swimming pools.

It lays down the minimum quality criteria to be met by bathing water. They relate to:

the limit values of substances considered to be indicators of pollution (in the Annex);
the minimum sampling frequency and method of analysis or inspection of such water (in the Annex).

Member States may fix more stringent values than the criteria laid down in the Directive. In addition, where it does not give any values for certain substances, Member States are not obliged to fix any.

Water quality assessment

Sampling is carried out by Member States at different intervals for each polluting substance (in the Annex). Samples are taken at places where the daily average density of bathers is highest. Sampling begins two weeks before the start of the bathing season. The water testing must be adapted to the geographical and topographical conditions and to the presence of existing or potential polluting discharges.

Non-compliance

Where the waters do not conform to the parameters of the Directive, Member States may not authorise bathing in them before they have taken the necessary measures to improve the water quality. They have a period of ten years after notification of the Directive for the quality of the water to conform to the set limit values.

However, under certain conditions, bathing water is deemed to conform to the relevant parameters, even if a certain percentage of samples taken during the bathing season do not conform to the limit values. Derogations to the Directive are possible, provided that they meet the objective of protecting public health.

In addition, the consequences of floods, natural disasters or abnormal weather conditions are not taken into consideration when determining the water quality.

Monitoring Committee

A Committee on adaptation to technical progress enables the measures for improving water quality to be adapted. It consists of representatives from the Member States and is chaired by a representative of the Commission.

Context

This is repealed by Directive 2006/7/EC with effect from 31 December 2014. However, it still applies in Member States where transposition of the new Directive is not finished.

The review of bathing water legislation is designed to ensure consistency with the Sixth Environment Action Programme, the Sustainable Development Strategy and the Water Framework Directive. It is also intended to simplify procedures in the light of scientific developments and improve participatory processes for the actors concerned and the information given to the public.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 76/160/EEC	10.12.1975	10.12.1977	OJ L 31, 5.2.1976

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 91/692/EEC	23.12.1991	1.1.1993	OJ L 377, 31.12.1991
Regulation (EC) No 1137/2008	11.12.2008	–	OJ L 311, 21.11.2008

Successive amendments and corrections to Directive 76/160/EEC have been incorporated in the basic text. This consolidated versionis for reference purpose only.

Related Acts

Communication from the Commission to the European Parliament and the Council of 21 December 2000: Developing a new bathing water policy [COM(2000) 860 final – Not published in Official Journal].
The Communication sets out the strengths and weaknesses of the management of bathing water quality, and proposes various approaches to drafting a new directive to take account of technical progress in the field.

Commission Decision 92/446/EEC of 27 July 1992 concerning questionnaires relating to Directives in the water sector [Official Journal L 247 of 27.8.1992].
This Decision draws up the outlines of questionnaires needed to monitor the implementation of and compliance with the provisions of all Directives in the water sector, including Directive 76/160/EEC.

Quality of drinking water

Outline of the Community (European Union) legislation about Quality of drinking water

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Environment > Water protection and management

Quality of drinking water

Document or Iniciative

Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption [See amending act(s)].

Summary

The Directive is intended to protect human health by laying down healthiness and purity requirements which must be met by drinking water within the European Union (EU).

Drinking water

The Directive applies to all water intended for human consumption apart from natural mineral waters and waters which are medicinal products.

General obligations

Member States shall ensure that such drinking water:

does not contain any concentration of micro-organisms, parasites or any other substance which constitutes a potential human health risk;
meets the minimum requirements (microbiological and chemical parameters and those relating to radioactivity) laid down by the Directive.

They will take any other action needed in order to guarantee the healthiness and purity of water intended for human consumption.

Quality standards

Member States shall lay down the parametric values corresponding at least to the values set out in the Directive. Where parameters are not set out in the Directive limit values must be laid down by the Member States if necessary to protect health.

Controls

The Directive requires Member States to regularly monitor the quality of water intended for human consumption by using the methods of analysis specified in the Directive, or equivalent methods. For this purpose they shall determine the sampling points and draw up monitoring programmes.

Corrective action and restrictions on use

Where the parametric values are not attained the Member States concerned shall ensure that the corrective action needed is taken as quickly as possible in order to restore water quality.

Regardless of compliance, or otherwise, with the parametric values, Member States shall prohibit the distribution of drinking water or shall restrict its use and shall take any action needed where that water constitutes a potential human health hazard. Consumers shall be informed of any such action.

Exceptions

The Directive shall provide the Member States with scope to provide for exemptions from the parametric values up to a maximum value, provided that:

the exemption does not constitute a human health hazard;
there is no other reasonable means of maintaining the distribution of drinking water in the area concerned;
the exemption must be as restricted in time as possible and not exceed three years (it being possible to renew the exemption for two further three-year periods).

Any exemption granted must be accompanied by a detailed justification except if the Member State concerned feels that failure to meet the limit value is not serious and may be quickly remedied. Water sold in bottles or containers may not be exempted.

Any Member State granting an exemption must inform the following thereof:

the population affected;
the Commission within a two-month period if the exemption covers the distribution of more than 1000 m³ per day on average, or supplies for more than 5000 persons.

Quality guarantees on the processes, equipment and materials

Neither the materials or substances used in new installations for preparing and distributing drinking water may not continue to be present in drinking water beyond a strictly necessary level.

Re-examination

At least every five years the Commission shall re-examine the parameters laid down by the Directive in the light of scientific and technical progress. It will be assisted in that process by a Committee comprising representatives of the Member States.

Information and reports

Every three years Member States shall publish a report on the quality of drinking water for its consumers. On the basis of those reports the Commission will, every three years, draw up a summary report on the quality of the water intended for human consumption within the Community.

Deadline for compliance

Within five years at the latest Member States shall take any action needed in order to guarantee that water quality complies with the Directive. In exceptional cases that period may be extended provided that it does not exceed three years.

Repeal

Directive 98/83/EC replaces Directive 80/778/EEC from 25 December 2003.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 98/83/EC	25.12.1998	25.12.2000	OJ L 330 of 05.12.1998

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 596/2009	7.8.2009	–	OJ L 188 of 18.7.2009

The successive amendments and corrections to Directive 98/83/EC have been incorporated in the original text. This consolidated versionis for reference only.