EU Water legislation

1. EU Water legislation PEIP National Workshop – Montenegro Budva, 13-14 May 2008 Dagmar Kaljarikova Policy Officer for Turkey, Montenegro, NGOs and REC European Commission, DG Environment Unit E.3 – Enlargement and Neighbouring Countries

2. EU policy instruments for protecting our water resources EU Environmental Legislation Water Framework Directive, Urban Waste Water Directive, Nitrates Directive, Groundwater Directive Financial incentives (+/-) new EU Agricultural Policy; EU Funding Tools; water pricing reflecting cost recovery EU Research Programmes

3. Key EU Water Policy Documents • Water Framework Directive 2000/60/EC • Urban Waste Water Treatment Directive 91/272/EEC • Drinking Water Directive 98/3/EC • Bathing Water Directive 2006/7/EC • Floods Directive 2007/60/EC • Communication on Water Scarcity and Droughts 2007 • Marine Strategy Directive (adopted; about to be published) Overview and texts at http://ec.europa.eu/environment/water/index.html

4. Water Framework Directive key elements • protecting all waters, surface and groundwaters; • covering all impacts on waters; • good quality (‘good status’) to be achieved, as a rule, by 2015; • water quality comprehensively defined in terms of biology, chemistry and morphology; • water management based on river basins; • monitoring programmes for surface and groundwaters, both as a planning tool and as an assessment instrument; • economic instruments: getting the prices right - to promote prudent use of water; • mandatory public participation; • … and complemented/guided by an unprecedented cooperation on implementation.

5. Implementation: a continuous and transparent process Formal transposition into national law; Dec 2003 River basin district designation /May 2004  Environmental analysis; economic analysis Dec 2004  Monitoring programmes operational Dec 2006 Public participation to start at the latest Dec 2006  Draft river basin management plans Dec 2008  Final river basin management plans Dec 2009  Implementation, assessment, adjustment - 2015 and further

6. Environmental objective holistic definition of “good status” • For surface waters defined in terms of • biology (aquatic flora and invertebrate fauna – composition and abundance; fish fauna – composition, abundance and age structure); • chemistry and • hydromorphology. • For groundwater defined in terms of • chemistry (compliance with numerical quality standards; no saline or other intrusions) and • quantity (balance between natural recharge and abstractions).

7. Measures to achieve the objectives • “Good status” as the binding general objective for all waters, entailing operational measures to achieve / maintain that objective; • Objectives and measures to be tailored to thecharacteristics and sensitivities of the region (“ecoregions”), and coordinated within the river basin; • Additional measures in specifically protected areas (areas subject to eutrophication; nitrate vulnerable zones; areas used or intended to be used for drinking water abstraction).

8. Status quo “Good status” environmental objective Ambitious and binding on objectives, flexible on tools • Legally binding and enforceable on environmental objectives • Flexible on paths/tools to achieve these objectives, thus allowing and encouraging innovation

9. European Court of Justice … non-compliance can be costly . . . . . 2. Orders theHellenic Republicto pay to the Commission of the European Communities, into the account EC own resources, apenalty payment of EUR 20 000 for each day of delayin implementing the measures necessary to comply with the judgement in Case C-45/91 from delivery of the present judgement until the judgement in Case C-45/91 has been complied with; . . . . . 2. Orders the Kingdom of Spain to pay to the Commission of the European Communities, into the account European Community own resources, a penalty payment of EUR 624 150 per year and per 1% of bathing areas in Spanish inshore waters which have been found not to conform to the limit values laid down under Directive 76/160 …; . . . . . 2.      Orders the French Republic to pay to the Commission of the European Communities, into the account EC own resources’, a penalty payment of EUR 57 761 250 for each period of six months from delivery of the present judgment at the end of which the judgment in Case C-64/88 Commission v France has not yet been fully complied with; 3.      Orders the French Republic to pay to the Commission of the European Communities, into the account ‘European Community own resources’, a lump sum of EUR 20 000 000;

10. Analysis of article 5 reports (The analysis is demonstrating achievements as well as non-achievements …) • ENV and economic analysis shows that a high number of • water bodies are at risk: • Hydromorphological alterations (inter alia from navigation, pressures of land use in urban and rural areas, hydropower, flood defences) are a common concern across Europe. • In several parts of Europe non-delivery on tasks already due (waste water treatment, nitrates pollution from agriculture) plays a considerable role in shaping our waters ‘at risk’. • Over-abstraction is a problem in some regions. • Climate change will aggravate problems in many regions. • Full Commission Report (March 2007), published at European • Water Conference (http://ec.europa.eu/environment/water/water- • framework/2007conference/index_en.htm)

11. Transparency: all WFD environmental assessments available on the Internet http://forum.europa.eu.int/Public/irc/env/wfd/home Contact address env-water@ec.europa.eu

12. Outlook • Protection of all waters across Europe, based on comparable principles and objectives; • Binding objectives, at the same time flexibility on the tools how to achieve them; • River basin cooperation and involvement of citizens, local communities and stakeholders will reap benefits for all involved; • Long-term planning basis for technical, financial and political decisions, at regional and national level as well as at EU and international level.

13. Further information Commission server http://ec.europa.eu/environment/water/index.html CIRCA system providing public access to all WFD information and documents http://forum.europa.eu.int/Public/irc/env/wfd/library?l=/framework_directive&vm=detailed&sb=Title Email address for further information env-water@ec.europa.eu

14. Thank you for your attention. Source (graphics): ÖVGW