Agenda item: 4
Title: Implementation of other Water Directives
Version no.:1.0Date: 16 November 2005
Author(s): Commission, DG Environment :
Benilde Bujarrabal Fernandez, DG ENV D.2
Jan Cortvriend, DG ENV D.2
Violeta Vinceviciene, DG ENV D.2
Jeroen Casaer, DG ENV B.1
Summary
This progress paper summarises the state-of-play of the implementation of thefollowing water-related EC Directives:
1 - Bathing Water Directive (76/160/EEC)
2 - Drinking Water Directive (98/83/EEC)
3 - Urban Waste Water Treatment Directive (91/271/EEC)
4 - Nitrates Directive (91/676/EEC)
Contact:Lieve Van Camp ()
Progress report for the Water Director Meeting
of 28-29 November 2005
Agenda item: 4
Authors: DG ENV
Implementation of other Water Directives
This progress paper summarises the status of implementation of the 4 following water-related EC Directives:
1 - Bathing Water Directive
2 - Drinking Water Directive
3- Urban Waste Water Treatment Directive
4- Nitrates Directive
1- Bathing Water Directive
1. 1. Bathing Water Report 2005:
The most relevant issue in the Report is that 6 “new” Member States reported this year for the first time (CY, CZ, EE, LT, SK and SI). MT and PL submitted partial data that could only be summarised. HU and LV did not submit any data.
While compliance remains high for the sites reported by “old” Member States, the situation is different for the new ones, with low compliance rates (20-90%), and insufficiently sampled sites (up to 43 %), being the best results for CY and SI in coastal waters (close to 90 %).
1.2. Technical workshop on reporting obligations under the EU Bathing Water Directive:
The above workshop took place on 26 October. It was mainly addressed to the “new” Member States in order to deal with the most relevant items linked to the reporting exercise, and also clarify doubts. Representatives from all the new MS attended the meeting, except Latvia. Also several representatives from “old” member States attended.
MS showed a very pro-active approach and also appreciated the Commission’s initiative. It is expected that this workshop will facilitate to new Member States further reporting exercises.
1.3. De-listing and prohibition of bathing sites:
The Commission has noticed that Member States frequently de-list bathing sites. The accumulated percentages (throughout several years and up to 2004) are currently above 30% in several Member States. As regards prohibitions, there are huge differences amongst Member States, reaching, in one case, more than 30% of prohibitions. (See tables below)
The Commission intends to address the above-mentioned issues, since they might go against the letter of Directive 76/160/EEC: as regards de-listing, it is the Member States’ responsibility to report on all bathing sites (including de facto bathing sites), and to justify why certain bathing sites have to be considered for de-listing.
The use of prohibition should only be in case of bad quality of bathing sites and in order to protect bathers’ health. If bathing is prohibited, steps should be taken to address the source of pollution and restore the site to good quality. It is not acceptable that sites retain the status “bathing prohibited” for many years without remedial measures.
Table 1.1 : De-listed Sites up to 2004. Percentages and numbersAT / BE / DK / FI / FR / DE / EL / EI / IT / LU / NL / PT / ES / SE / UK
Fresh (%) / 2.2 / 44.2 / 19.6 / 32 / 48.5 / 41 / 33.3 / 0 / 21.3 / 0 / 44.4 / 18 / 68.2 / 46,5 / 0
Fresh (number) / 6 / 57 / 27 / 134 / 1322 / 1084 / 2 / 0 / 211 / 0 / 439 / 16 / 365 / 358 / 0
Coastal (%) / --- / 0 / 18.1 / 26.4 / 17 / 45.4 / 9.4 / 0.8 / 17.6 / --- / 38.8 / 9.3 / 14.5 / 29.6 / 2.1
Coastal (number) / --- / 0 / 252 / 37 / 383 / 324 / 203 / 1 / 1047 / --- / 52 / 41 / 310 / 161 / 12
Table 1.2: Prohibited Sites in 2004. Percentage and numbers
AT / BE / DK / FI / FR / DE / EL / EI / IT / LU / NL / PT / ES / SE / UK
Fresh (%) / 0 / 8.3 / 1.8 / 0 / 0 / 1.5 / 0 / 0 / 31.4 / 15 / 0.5 / 0 / 4.1 / 0 / 0
Fresh (number) / 0 / 6 / 2 / 0 / 0 / 24 / 0 / 0 / 245 / 3 / 3 / 0 / 7 / 0 / 0
Coastal (%) / --- / 0 / 0.5 / 0 / 0 / 0.3 / 0 / 0 / 4 / --- / 2.4 / 0 / 0.2 / 0 / 0
Coastal (number) / --- / 0 / 6 / 0 / 0 / 1 / 0 / 0 / 196 / --- / 2 / 0 / 4 / 0 / 0
2- Drinking Water Directive
2.1. Reporting
For reporting purposes, the DWD (98/83/EC) currently relies upon the templates and guidelines defined by the Reporting Directive for the previous DWD (80/778/EEC). A subgroup of the Art 12 Committee, chaired by Germany and by the Commission has developed a new proposal for reporting. The main principles of these guidelines are that reporting shall be kept as simple as possible, shall be in electronic format (in the spirit of WISE), and that the amount of data submitted shall be what is necessary to demonstrate compliance with the DWD.
The Commission will present this proposal for Guidelines to the upcoming Art 12 Committee, which will be held in Brussels on 19 December 2005.
2.2. Radioactive parameters
In order to complement the monitoring frequencies and methods for radioactive parameters, the Commission intends to present a proposal of a Commission Directive to the upcoming Art 12 Committee, in Brussels on 19 December 2005.
2.3.Seminars in new member States
The Commission has set up seminars in and for the new Member States in Budapest, Riga, Krakow and Bratislavato which all new Members States could participate, with the exception of Cyprus and Malta, who will be invited in 2006.
In these seminars, awareness was created, arising implementation problems were brought up and questions concerning the Drinking Water Directive and its evolution were formulated.
2.4 Chemical contamination
During these seminars it was also underlined that chemical contamination was a major threat to drinking water (Annex 1 Part B of the Drinking Water Directive). In order to have a better view on the situation in EU25, Unit D2requested information from the water directors on chemical parameters which may give rise to difficulties in implementation. A summary of the replies received will also be presented in the upcoming Art 12 Committee Meeting on 19 December 2005.
2.5 Review process of the Drinking Water Directive
In order to adapt the Drinking Water Directive (which came into force in December 1998) to scientific and technical progress, the Commission has started a review process, which may eventually lead to a new Drinking Water Directive. One of the main issues to be addressed in this review process will be water quality management through risk assessment, risk management through water safety plans (WSP). The new Directive will strive for maximal coherence and integration with other existing EU water legislation, such as the Water Framework Directive.
2.6 Water Safety Plans (WSP)
In order to build guidance for a legislative framework which will comprise water safety plans, the Commission currently sets up a common project with WHO (acting as project manager). Co-operation will be required with EU Member States where WSPs are in operation, or where active preparation for their implementation is ongoing. Appropriate meetings and forums will give the opportunity to secure opinions and inputs: networks (such as ENDWARE), scientific community (such as WEKNOW), water industry (presented by professional organisations), and other representative stakeholders.
3- Urban Waste Water Treatment Directive
3.1 Implementation
- The number of on-going infringement cases (47 in total for UWWTD for EU-15) has not changed since the last reporting to the Water Directors. Several cases have been moved forward, some single cases have been merged to the horizontal ones. During the second half of 2005 technical meetings have been held with Belgium, France, UK, Portugal.
- All new member states provided reports for Art.17 on the Implementation programmes. Unfortunately the programmes of some of the new MS are not complete. Clarifications are ongoing .
3.2 Commission Synthesis Reports
- The 4th Commission Synthesis Report is currently in preparation. Publication is foreseen for mid 2006.
3.3 UWWTD Committee, reporting activities and the workshops
- Ajoint workshop on reporting on WFD and UWWTD took place on 20-21 October 2005. The main objectives were:
a)to start the discussions on the integration of all reporting on water, starting the discussion on UWWTD integration into WISE, and
b)to present the summary paper on clarification of certain terms and definitions of the Directive in relation to reporting for UWWTD.
Thedraft summary paper presented by the Commission draws upon the documents elaborated by the working group on reporting for UWWTD.
During the discussion, the following open issuesemerged within the working group:
a)definitions of agglomeration and big city
b)term of a nominal load/generated load
c)individual and appropriate collecting systems (IAS) and treatment standards
d)definitions of total served load , total connected load, organic design capacity
e)industrial WWTP treating urban waste water
f)measurement of incoming load
- The Commission is currently reviewing the comments to the summary papersent by 10 member states. The updated version will be discussed during the UWWTD Committee (Art. 18) meeting on 15 December 2005. The main issues to be presented for discussion at the Committee are:
a)the updated version of the summary paper
b)the roadmap for new reporting cycle with explanation for new data request;
c)the plan of reporting under UWWTD integration into WISE (which will be one of the tasks of WISE implementation plan).
- The Commission intends to launch a new reporting request by mid of 2006. The new questionnaire will be drawn upon the discussions held in the frame of the working group on reporting during 2004-2005. The draft of the final questionnaire under reporting for Art.15(4) could be presented during the working group or Committee meeting foreseen for March/April 2006. The Commission is considering placing the reports under Art.17(Implementation plans) and Art.16 (Situation reports) in the UWWTD database.
- The Commission is working on the WISE implementation plan and clarifying the possibilities for UWWTD reporting integration into WISE. As it was indicated in Water Directors meeting in Luxembourg, a single reporting system for UWWTD and its integration into WISE remains one of the priority tasks for 2006-2007.
- The Commission is organising a series of workshops to support new member states and candidate countries and to clarify challenges and issues for the EU15 member states. During the second half of the 2005 workshops in Hungary and Italy were held.
- During the first half of 2006workshops are plannedin Spain and Poland.
4- Nitrates Directive
4.1 Action programmes-designation of vulnerable zones
At present the implementation of the directive remains still incomplete, as confirmed by several infringement procedures against Member States (8 over 15 MS, see table 4.1), mainly for insufficient designation and non conformity of action programmes.
In respect to designation of nitrates vulnerable zones, however, progress has been made in the period 2002-2005 in several Member States, like Ireland, Sweden, UK, France, Belgium, Italy and Portugal. A preliminary evaluation indicates that the nitrates vulnerable zones correspond now to 43% of the territory (EU 15), compared to 38% of the territory in 2002. Commission evaluation is that it would at least represent 47% of the territory; further progress is therefore required. A critical aspect for the identification of polluted water and nitrate vulnerable zones designation is the appropriate identification of eutrophic waters.
As far as action programmes from Member States are concerned, there are several area of non conformity, for instance non compliance with the standard of 170 kg per hectare per year nitrogen from livestock manure established by the directive, adequate provisions on manure storage capacity, on closed periods for fertiliser application, on total fertilisation levels.
However, also for action programmes, as for nitrates vulnerable zones progress is being made, under the pressure on the one hand of infringement procedures, on the other hand through the link with the rural development funding.
Implementation of the Nitrates Directive is ongoing in new Member States. According to the commitments taken in the negotiation for accession, new Member States fulfilled their obligation by ensuring transposition, water monitoring network in place, designation of nitrates vulnerable zones. Action programmes are now established in all new Member States. The Commission is analysing the designation and the action programmes to assess their compliance with the Directive. Three out of ten new Member States (Malta, Slovenia and Lithuania) took a “whole territory approach” and therefore decided not to designate specific nitrates vulnerable zones, but to implement an action programme on the whole territory. Seven MS designated as nitrates vulnerable zones a percentage of the territory ranging from 2,5% (Poland) to 48% (Hungary).
4.2 Derogation
In relation to the measure of the maximum nitrogen application rate of 170 kg/ha from livestock manure, the nitrates directive allows for the possibility to avail of derogation, provided that it is demonstrated that the directive objectives are still achieved. Derogation requires a Commission Decision following the positive advice of the nitrates regulatory Committee, which assists the Commission in the Nitrates directive implementation. At this aim, appropriate designation of nitrates vulnerable zones and action programmes fully in conformity with Directive are preliminary conditions.
Up to now, derogation has been granted to Denmark (Decision 2005/294/EC)[1].
A positive advice was given in June 2005 by the Nitrates regulatory Committee on the derogation request presented by the Netherlands. The Dutch regulation has been found now in compliance with the Court ruling[2] and the Nitrates Directive and the Commission decision granting the derogation to the Netherlands will be established probably before the end of this year.
Austria formally requested the Commission for derogation in November 2005. The formal request will be discussed and possibly voted in the next Nitrates regulatory Committee foreseen in December.
4.3 Court ruling Commission vs Belgium
Ruling of the European Court of Justice on the case[3] addressing implementation of the Nitrates Directive in Belgium has been delivered on 22 September 2005. The procedure before the Court merged two cases, dated respectively 1994 and 1997. It concerns both Flanders and Wallonia.
In summary the Court declared that at the end of the expiring date set in the reasoned opinion (end 1999) Flanders failed to properly identify polluted waters, to designate nitrate vulnerable zones and to implement compliant action programmes and codes of good agricultural practices. Wallonia failed to properly designate nitrate vulnerable zones, did not take into account eutrophication in coastal areas and did not have compliant action programmes. The charges put forward by the Commission other than those set out in the reasoned opinions have been declared inadmissible.
Table 4.1 : extent to which the Member States have complied with their obligations (as of 21/06/2005) :
MemberState / B / DK / D / EL / ES / F / IRE / I / L / NL / Ö / P / SF / S / UKWater monitoring / + / + / + / + / + / + / + / + / + / + / + / + / + / + / +
Designation of nitrates vulnerable zones / + / +
A / + A / + / + / + / + A / + / + A / +
A / + A / + / + A / + / +
Codes of good practice / + / + / + / + / + / + / + / + / + / + / + / + / + / + / +
Action programmes / + / + / + / + / + / + / + / + / + / + / + / + / + / + / +
Report / + / + / + / + / + / + / + / + / + / + / + / + / + / + / +
+ : Exercise performed but not necessarily approved by the Commission
A : whole territory designated
Shaded : infringement procedure ongoing (for legal reasons, some proceedings at an early stage can not be mentioned in this table)
[1]OJ L 94, 13.04.2005 p.34
[2]Case C-322/00
[3]Case C-221/03