98
8 Transboundary Water Governance in the European Union
Europe’s Water Resources” (COM 2012) that defines topical water-related objectives and measures so as to complement the Water Framework Directive and fill its
implementation gaps.
45
8.3.3 Overview of Contemporary EU Water Law and Policy
The centrepiece of today’s EU water law and policy is Directive 2000/60/EC establishing a framework for Community action in the field of water policy, i.e. the Water
Framework Directive. The WFD represents a broad overhaul of the previous water
policy and regulatory philosophy: it has either replaced or called for the gradual repeal
of 25 years of previous EU water legislation, leaving only a handful of pre-WFD
legislation in effect (Baranyai 2015). As mentioned above, the broad framework of
the WFD is complemented by two policy documents: the EU’s 7th Environment
Action Programme and the Blueprint.
The WFD lays down a comprehensive framework for the protection and the
improvement of the aquatic environment in the Union. Nonetheless, it does not
amount to an exhaustive “water code”. In fact, the regulatory character of the various
provisions of the WFD varies greatly. Some clauses are extremely detailed, while
some are programmatic in nature, some are of procedural nature, while others concern substantive obligations, etc. The WFD also points to other EU legislation in the
field of water management and environmental protection.
The WFD has a universal scope covering all inland freshwater (surface and
groundwater) bodies within the territory of the EU as well as coastal waters. It
also covers wetlands and other terrestrial ecosystems directly dependent on water
(Art. 1.). Its regulatory approach is based on the integrated consideration of all
impacts on the aquatic environment, extending the focus from purely chemical to
biological, ecosystem, morphological and economic aspects. It establishes environmental objectives for surface waters, groundwater and so-called protected areas
(areas designated under other EU legislation for their particular sensitivity for
water—e.g. nature conservation areas, drinking water resources, etc.) (Art. 4.).
These objectives are summarised as “good water status” that is defined by the
Annexes to the Directive by precise ecological and chemical parameters for surface waters, and by chemical and quantitative parameters for groundwater (Annex
V.). Importantly, the WFD considers quantitative issues as “ancillary” to water
quality, conspicuously leaving surface water quantity to a regulatory grey zone
(see Sect. 10.1.3). Member states are obliged to carry out extensive monitoring of the
45 E.g. the Environmental Action Programme lays down important resource efficiency goals such
as to ensure, by 2020, that water abstraction respects available renewable water resource limits
(para 41). Similarly, the Blueprint cautiously introduces the notion of “ecological flows” into EU
water policy that is supposed to fill the gap created by the almost complete ignorance of river flow
quantity management questions by the system of the WFD, underlying that “there is a need in many
EU river basins to put quantitative water management on a much more solid foundation” (Sect. 2.1).
Also see Sect. 10.1.3.
8 Transboundary Water Governance in the European Union
Europe’s Water Resources” (COM 2012) that defines topical water-related objectives and measures so as to complement the Water Framework Directive and fill its
implementation gaps.
45
8.3.3 Overview of Contemporary EU Water Law and Policy
The centrepiece of today’s EU water law and policy is Directive 2000/60/EC establishing a framework for Community action in the field of water policy, i.e. the Water
Framework Directive. The WFD represents a broad overhaul of the previous water
policy and regulatory philosophy: it has either replaced or called for the gradual repeal
of 25 years of previous EU water legislation, leaving only a handful of pre-WFD
legislation in effect (Baranyai 2015). As mentioned above, the broad framework of
the WFD is complemented by two policy documents: the EU’s 7th Environment
Action Programme and the Blueprint.
The WFD lays down a comprehensive framework for the protection and the
improvement of the aquatic environment in the Union. Nonetheless, it does not
amount to an exhaustive “water code”. In fact, the regulatory character of the various
provisions of the WFD varies greatly. Some clauses are extremely detailed, while
some are programmatic in nature, some are of procedural nature, while others concern substantive obligations, etc. The WFD also points to other EU legislation in the
field of water management and environmental protection.
The WFD has a universal scope covering all inland freshwater (surface and
groundwater) bodies within the territory of the EU as well as coastal waters. It
also covers wetlands and other terrestrial ecosystems directly dependent on water
(Art. 1.). Its regulatory approach is based on the integrated consideration of all
impacts on the aquatic environment, extending the focus from purely chemical to
biological, ecosystem, morphological and economic aspects. It establishes environmental objectives for surface waters, groundwater and so-called protected areas
(areas designated under other EU legislation for their particular sensitivity for
water—e.g. nature conservation areas, drinking water resources, etc.) (Art. 4.).
These objectives are summarised as “good water status” that is defined by the
Annexes to the Directive by precise ecological and chemical parameters for surface waters, and by chemical and quantitative parameters for groundwater (Annex
V.). Importantly, the WFD considers quantitative issues as “ancillary” to water
quality, conspicuously leaving surface water quantity to a regulatory grey zone
(see Sect. 10.1.3). Member states are obliged to carry out extensive monitoring of the
45 E.g. the Environmental Action Programme lays down important resource efficiency goals such
as to ensure, by 2020, that water abstraction respects available renewable water resource limits
(para 41). Similarly, the Blueprint cautiously introduces the notion of “ecological flows” into EU
water policy that is supposed to fill the gap created by the almost complete ignorance of river flow
quantity management questions by the system of the WFD, underlying that “there is a need in many
EU river basins to put quantitative water management on a much more solid foundation” (Sect. 2.1).
Also see Sect. 10.1.3.