8.3 The Water Law and Policy of the European Union
97
standards for specific types of water bodies (e.g. fish water, surface water, bathing
water, drinking water) or established emission control and discharge limit values
for specific water uses (e.g. various industrial activities using hazardous substances)
(European Environmental Bureau 2005). The 1980s and 1990s saw the adoption of
some highly costly water infrastructure-related legislation, such as the directives concerning nitrates pollution from agricultural sources or the collection and treatment of
urban waste water. By the mid1990s EU water law accumulated over 20 legislative
acts covering not only specific water uses, quality objectives and discharge limits,
but also product standards and procedural requirements (Macrory 1993).
This extensive, yet patchy legislative arrangement did not, however, prove capable
of reversing the continuous deterioration of water quality in Europe. Such relative
failure can be attributed to several overlapping causes. First, the incomprehensive
nature of EU water law created major lacunas, leaving significant water issues unattended. Thus, the benefits of relative progress with regards to one area (e.g. phasing
out the discharge of certain hazardous substances) could have easily been cancelled
out by the lack of progression in other fields (e.g. diffuse pollution). Second, implementation by member states was less than satisfactory. As Reichert euphemistically
notes: “member states treated EU water directives more as recommendations rather
than legally binding obligations” (Reichert 2016). Finally, it must also be mentioned
that many of the politically motivated early water legislation simply failed the minimum test of scientific robustness or regulatory clarity.
42
Following lengthy technical and political preparations a new policy framework
was agreed in the form of the so-called Water Framework Directive (WFD) in 2000.
43
The bulk of EU legislation adopted ever since has focused on the implementation of
the WFD.
Mention also must be made of the general or specific policy documents of the
EU that address water in a significant manner. The most important such instruments
are the EU’s regular environmental action programmes, developed by the European
Commission and endorsed by the European Parliament and the Council. The current
such action programme—the 7th since the first one in 1973—was adopted in 2013
under the title of “Living well, within the limits of our planet”.
44 Recently, and thus
far uniquely in the history of EU environmental policy, the European Commission
also issued a stand-alone water policy document entitled “A Blueprint to Safeguard
42 For example, the first bathing water directive (Directive 76/160/EEC)—adopted in 1976—required compliance with 19 (!) quality parameters, ranging from microbiological pollutants to heavy
metals. No wonder that by the time the proposal for a new directive was tabled by the Commission
in 2003 practically all member states were condemned by the European Court of Justice for noncompliance. Subsequent research on the health impacts of bathing waters revealed that most of the
original parameters were indeed irrelevant for bathers’ health. As a result, the current bathing water
directive (2006/7/EC) calls for the observance of only two microbiological parameters.
43 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.
44 Decision No. 1386/2013/EU of the European Parliament and of the Council of 20 November
2013 on a General Union Environment Action Programme to 2020 “Living well, within the limits
of our planet”.
97
standards for specific types of water bodies (e.g. fish water, surface water, bathing
water, drinking water) or established emission control and discharge limit values
for specific water uses (e.g. various industrial activities using hazardous substances)
(European Environmental Bureau 2005). The 1980s and 1990s saw the adoption of
some highly costly water infrastructure-related legislation, such as the directives concerning nitrates pollution from agricultural sources or the collection and treatment of
urban waste water. By the mid1990s EU water law accumulated over 20 legislative
acts covering not only specific water uses, quality objectives and discharge limits,
but also product standards and procedural requirements (Macrory 1993).
This extensive, yet patchy legislative arrangement did not, however, prove capable
of reversing the continuous deterioration of water quality in Europe. Such relative
failure can be attributed to several overlapping causes. First, the incomprehensive
nature of EU water law created major lacunas, leaving significant water issues unattended. Thus, the benefits of relative progress with regards to one area (e.g. phasing
out the discharge of certain hazardous substances) could have easily been cancelled
out by the lack of progression in other fields (e.g. diffuse pollution). Second, implementation by member states was less than satisfactory. As Reichert euphemistically
notes: “member states treated EU water directives more as recommendations rather
than legally binding obligations” (Reichert 2016). Finally, it must also be mentioned
that many of the politically motivated early water legislation simply failed the minimum test of scientific robustness or regulatory clarity.
42
Following lengthy technical and political preparations a new policy framework
was agreed in the form of the so-called Water Framework Directive (WFD) in 2000.
43
The bulk of EU legislation adopted ever since has focused on the implementation of
the WFD.
Mention also must be made of the general or specific policy documents of the
EU that address water in a significant manner. The most important such instruments
are the EU’s regular environmental action programmes, developed by the European
Commission and endorsed by the European Parliament and the Council. The current
such action programme—the 7th since the first one in 1973—was adopted in 2013
under the title of “Living well, within the limits of our planet”.
44 Recently, and thus
far uniquely in the history of EU environmental policy, the European Commission
also issued a stand-alone water policy document entitled “A Blueprint to Safeguard
42 For example, the first bathing water directive (Directive 76/160/EEC)—adopted in 1976—required compliance with 19 (!) quality parameters, ranging from microbiological pollutants to heavy
metals. No wonder that by the time the proposal for a new directive was tabled by the Commission
in 2003 practically all member states were condemned by the European Court of Justice for noncompliance. Subsequent research on the health impacts of bathing waters revealed that most of the
original parameters were indeed irrelevant for bathers’ health. As a result, the current bathing water
directive (2006/7/EC) calls for the observance of only two microbiological parameters.
43 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.
44 Decision No. 1386/2013/EU of the European Parliament and of the Council of 20 November
2013 on a General Union Environment Action Programme to 2020 “Living well, within the limits
of our planet”.