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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

Protection of the aquatic environment against discharges of dangerous substances

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Protection of the aquatic environment against discharges of dangerous substances

Outline of the Community (European Union) legislation about Protection of the aquatic environment against discharges of dangerous substances

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

Protection of the aquatic environment against discharges of dangerous substances (until 2013)

Document or Iniciative

Directive 2006/11/EC of the European Parliament and of the Council of 15 February 2006 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community (Codified version).

Summary

This Directive lays down rules for protection against, and prevention of, pollution resulting from the discharge of certain substances into the aquatic environment. It applies to inland surface water, territorial waters and internal coastal waters.

Two lists of dangerous substances have been compiled to combat pollution:

discharge of substances in list I must be eliminated; while
discharge of substances in list II must be reduced.

Pursuant to Annex IX of the Water Framework Directive (Directive 2000/60/EC), quality objectives and emission limit values are established by the “daughter directives” of Directive 2006/11/EC. Moreover, emission limit values for pollutants must be based on the best available techniques in line with Article 10 of Framework Directive 2000/60/EC.

All discharges of substances included in list I require prior authorisation by the competent authority in the Member State concerned. The authorisation is granted for a limited period and lays down emission standards which may be more stringent than the thresholds set by Community legislation, particularly to take account of the toxicity or persistence of the substance in the environment into which it is discharged. It is up to the Member States to ensure compliance with the emission standards.

For the substances on list II, the Member States adopt and implement programmes to preserve and improve water quality. All discharges are subject to prior authorisation by the competent authority in the Member State concerned that lays down the emission standards.

The Member States draw up an inventory of the discharges into the waters covered by this Directive and may take more severe measures than those laid down by Community legislation to reduce or eliminate pollution caused by dangerous substances.

The Directive lays down a procedure for revising and adding to the lists or transferring specific substances from list II to list I.

Before 22 December 2012, Member States may carry out surveillance and notification pursuant to Articles 5, 8 and 15 of the Water Framework Directive.

Background

This Directive codifies and replaces Directive 76/464/EEC and its subsequent amendments. This codification leads to the clarification and rationalisation of legislation. It takes into account the adoption of the water framework Directive and the international conventions on the protection of water courses and the marine environment.

The Directive is repealed by the Water Framework Directive as from 22 December 2013.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 2006/11/EC	24.4.2006	–	OJ L 64 of 4.4.2006

Related Acts

Environmental quality standards

Council Directive 82/176/EEC [Official Journal L 81 of 27.3.1982].

This Directive sets limit values and quality objectives for mercury discharges by the chlor-alkali electrolysis industry].
See consolidated version .

Council Directive 83/513/EEC [Official Journal L 291 of 24.10.1983]
This Directive sets limit values and quality objectives for cadmium discharges in the aquatic environment.
See consolidated version .

Council Directive 84/156/EEC [Official Journal L 74 of 17.3.1984]

This Directive sets limit values and quality objectives for mercury discharges in sectors other than the chlor-alkali electrolysis industry.
See consolidated version .

Council Directive [Official Journal L 274 of 17.10.1984].
This Directive sets limit values and quality objectives for discharges of hexachlorocyclohexane in the aquatic environment.

See consolidated version .

Council Directive 86/280/EEC [Official Journal L 181 of 4.7.1986]. This Directive sets limit values and quality objectives for discharges of certain dangerous substances included in List I of the Annex to Directive 2006/11/EC.

See consolidated version .

Directive 2008/105/CE of the European Parliament and of the Council of 16 December 2008 on environmental quality standards in the field of water, amending and repealing Council Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive [Official Journal L 348 of 24.12.2008].
This Directive establishes environmental quality standards (EQS) in the field of water. These quality standards aim to combat surface water pollution by 33 priority chemical substances (Annex II). This Directive provides in particular for:

an amendment of the list of priority substances and the corresponding EQS;
transparent criteria to designate so-called “mixing” zones, within which standards may be exceeded under certain conditions;
the preparation of an inventory of emissions, discharges and losses. This inventory will be used to prepare the Commission Report which will check progress achieved in reducing or ceasing emissions of pollutant substances by 2018.

The Directive supplements the legislative framework introduced by the Water Framework Directive. It allows decisions to be made at all levels of governance. Member States have until December 2009 to prepare plans for the management of hydrographical districts and programmes of measures relating thereto.

Improvement of information

Directive 91/692/EEC [Official Journal L 377 of 31.12.1991].

This Directive aims at rationalizing and improving on a sectoral basis the provisions on the transmission of information and the publication of reports concerning certain Community Directives on the protection of the environment.

Decision 92/446/EEC [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 Directives 76/464/EEC, 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC and 86/280/EEC.

Transfer Register

Regulation (EC) No 166/2006 [Official Journal OJ L 33 of 4.2.2006].
The EU introduces a European Pollutant Release and Transfer Register to improve access by the public to information and, in the long term, contribute to preventing and reducing pollution.

Other substances: protection of groundwater

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Other substances: protection of groundwater

Outline of the Community (European Union) legislation about Other substances: protection of groundwater

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

Other substances: protection of groundwater

Document or Iniciative

Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances [See amending acts].

Summary

The purpose of this Directive is to prevent the discharge of certain toxic, persistent and bioaccumulable substances into groundwater.

The following are not covered:

discharges of domestic effluents from isolated dwellings;
discharges containing substances listed in Directive 80/68/EEC in very small quantities and concentrations;
discharges of matter containing radioactive substances.

There are two lists of dangerous substances drawn up for the protection of groundwater:

direct discharge of substances in List I is prohibited. This list includes organohalogen, organophosphorus and organotin compounds, mercury and cadmium and their compounds, and hydrocarbons and cyanides;
discharge of substances in List II must be limited. This list includes certain metals such as copper, zinc, lead and arsenic, and other substances such as fluorides, toxic or persistent organic compounds of silicon, and biocides and their derivatives not appearing in List I.

All indirect discharges of substances in List I and all direct or indirect discharges of substances in List II are subject to prior authorisation. Such authorisation:

is granted after an investigation into the receiving environment;
is granted for a limited period and subject to regular review;
lays down the conditions that have to be met for discharges. If they have not been or cannot be met, the authorisation is withdrawn or refused.

Monitoring of compliance with these conditions and of the effects of discharges on groundwater is the responsibility of the competent authorities of the Member States.

The Directive provides for exceptions, under certain conditions, to the ban on discharges of substances in List I.

It also lays down special rules for artificial recharges of groundwater intended for public water supplies.

The competent authorities of the Member States must keep an inventory of authorisations:

of discharges of substances in List I;
of direct discharges of substances in List II;
of artificial recharges for the purpose of groundwater management.

The Member States concerned must inform one another in the event of discharges into transboundary groundwater.

Member States may introduce more stringent measures than those laid down in this Directive.

Every three years, reports by the Member States on the implementation of Directive 80/68/EEC and other relevant Directives, drawn up on the basis of a questionnaire or outline drafted by the Commission in accordance with the procedure laid down in Directive 91/692/EEC. The Commission is responsible for publishing a report on the basis of this information.

References

Act	Entry into force – Date of expiry	Deadline for transposition in the Member States	Official Journal
Directive 80/68/EEC	19.12.1979	19.12.1983	OJ L 20 of 26.01.1980

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 91/692/EEC	23.12.1991	01.01.1993	OJ L 377 of 31.12.1991

Related Acts

of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy [Official Journal L 327 of 22.12.2000].
This Directive repeals Directive 80/68/EC as of 21 December 2013.

Commission Decision 92/446/EEC of 27 July 1992 concerning questionnaires relating to Directives in the water sector [Official Journal L 247 of 27.08.1992].

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 80/68/EEC.

Detergents

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Detergents

Outline of the Community (European Union) legislation about Detergents

Topics

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

Internal market > Single Market for Goods > Chemical products

Detergents

Document or Iniciative

Regulation (EC) No 648/2004 of the European Parliament and of the Council of 31 March 2004 on detergents [See amending acts].

Summary

Protection of the environment

This Regulation permits improved protection of the aquatic environment against the surfactants in detergents and other cleaning products. These surfactants – also called tensides – are included in detergents and other cleaning products in order to reduce the surface tension of liquids so that they can wet surfaces and clean them more effectively. The legislation has been made more restrictive by including all types of surfactants and imposing stricter testing methods for detergents to determine the ultimate rather than the initial biodegradability.

Protection of consumers

Consumers will be better protected against fragrance substances and preservation agents that are present in detergents and can cause allergies. Specific labelling has been introduced to inform consumers about the presence in detergents of this type of substance. The Regulation makes the provisions of Commission Recommendation 89/542 on the labelling of these allergenic substances compulsory, by incorporating them into the new legislation.

For healthcare professionals it is possible to obtain from manufacturers full listings of the ingredients in detergents so that they can determine whether there is a causal link between a patient’s allergy and a product which is present in a detergent.

Labelling

Manufacturers must list on the labelling all components in decreasing order of concentration as well as the address of a website where consumers can obtain the complete list of ingredients.

All allergens must be indicated on the label.

This Regulation also adds an additional testing method for surfactants with limited solubility in water (amendment to Annex III). This method complies with the standard ISO 10708: 1997 “Water quality – Evaluation in an aqueous medium of the ultimate aerobic biodegradability of organic compounds”.

The legislation on detergents henceforth applies to all types of surfactant detergents, including fabric softeners and washing machine products.

Context

This Regulation expands the scope of the existing legislation. It repeals five directives on biodegradable surfactant detergents (Directives 73/404/EEC, 73/405/EEC, 82/242/EEC, 82/243/EEC and 86/94/EEC) and Commission Recommendation 89/542 on the labelling of detergents.

This Regulation aims to harmonise the regulations in Member States in a uniform and simultaneous manner and to simplify future changes.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 648/2004	08.10.2005	08.10.2005	OJ L 104 of 08.04.2004; corrigendum OJ L 328 of 15.12.2005.

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 1336/2008	20.1.2009 1.6.2015 (Art. 1, points 2 and 3)	–	OJ L 354 of 31.12.2008
Regulation (EC) No 219/2009	20.4.2009	–	OJ L 87 of 31.3.2009

The successive amendments and corrections to Regulation (EC) No 648/2004 have been incorporated into the original text.

AMENDMENTS TO THE ANNEXES

Annex III – Biodegradability control methods

Regulation (EC) No 907/2006 [Official Journal L 168 of 21.6.2006].

Annex V – List of surfactant derogations

Regulation (EC) No 551/2009 [Official Journal L 164 of 26.6.2009].

Annex VI – List of surfactants whose use in detergents is prohibited or restricted

Regulation (EC) No 551/2009 [Official Journal L 164 of 26.6.2009].

Annex VII – Labelling and information sheets on ingredients

Regulation (EC) No 907/2006 [Official Journal L 168 of 21.6.2006].

Related Acts

Report from the Commission to the European Parliament and the Council pursuant to Article 16 of Regulation (EC) No 648/2004 of the European Parliament and of the Council of 31 March 2004 on detergents, concerning anaerobic biodegradation [COM(2009) 230 final – Not published in the Official Journal].

The Commission states in the Report that, in contrast to the absence of aerobic degradation, the lack of anaerobic degradation of surfactants does not seem to be correlated with any apparent risk for the environment. Anaerobic biodegradability should therefore not be used to determine the eventual environmental acceptability of surfactants such as linear alkylbenzene sulphonate (LAS), which are readily biodegradable under aerobic conditions.
As a result, the possible environmental toxicity of surfactants focuses on their biodegradability.
Information provided under the REACH registration procedure should enable the toxicity or absence of toxicity for health and the environment of the ingredients in detergents to be determined. This information should be sufficient to decide whether restrictions on certain surfactants in detergents formulations are needed in addition to those already imposed by the Detergents Regulation.

Report from the Commission to the European Parliament and the Council Pursuant to Article 16 of Regulation (EC) No 648/2004 of the European Parliament and of the Council of 31 March 2004 on detergents, concerning the biodegradation of main non-surfactant organic detergent ingredients [COM(2009) 208 final – Not published in the Official Journal].

When the Detergents Regulation was adopted in 2004, the criterion of ultimate biodegradability ensured that detergent surfactants did not pose a risk to the environment. In the meantime, significant efforts have been made, particularly in preparation for the REACH programme, with the aim of carrying out targeted risk assessments on detergent ingredients. No risk to the environment has been identified for any of the non-surfactant organic detergent ingredients. Many of the non-surfactant organic ingredients are not ultimately biodegradable and are neither toxic to human health nor to the environment. It is, therefore, not considered appropriate to impose a requirement of ultimate biodegradability on the non-surfactant organic ingredients in Community legislation. Applying a principle of ultimate biodegradability to the nonsurfactant organic ingredients would lead to the banning of a number of them where it is known that they do not pose risks. It would therefore be more proportionate to complete instead the risk assessments on the few outstanding substances. The information to be provided in the registration dossiers detailed in the REACH Regulation should enable the environmental risk of toxicity of these substances to be assessed. The REACH registration information should be sufficient to decide whether restrictions on the above-mentioned detergent organic ingredients are needed.

Report from the Commission to the Council and the European Parliament Pursuant to Article 16 of Regulation (EC) No 648/2004 of the European Parliament and of the Council of 31 March 2004 on detergents, concerning the use of phosphates [COM(2007) 234 final – Not published in the Official Journal].
The Commission reviewed the progress made in establishing whether legislative measures are justified for regulating the use of phosphates in detergents, in order to improve the quality of bodies of water, which are threatened by an accelerated growth of algae (eutrophication) due to the enrichment of water by nutrients.
An impact assessment of phosphates on eutrophication has been carried out at a pan-European level to evaluate the advantages of switching from phosphate-based detergents to other alternatives. The results of the assessment were still being evaluated by the Commission Scientific Committee at the time of the Report.