Explanatory Memorandum to COM(2006)397 - Environmental quality standards in the field of water policy - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2006)397 - Environmental quality standards in the field of water policy. |
|---|---|
| source | COM(2006)397  |
| date | 17-07-2006 |
Grounds for and objectives of the proposalChemical pollution of surface water can disturb aquatic ecosystems, causing loss of habitats and biodiversity. Pollutants may accumulate in the food chain, and harm predators consuming contaminated fish. Humans are exposed to pollutants through the aquatic environment by fish or seafood consumption, drinking water and possibly recreational activities. Pollutants may be found in the environment many years after being banned; some may be transported long distances and can be found in remote areas.Pollutants may be released to the environment from various sources (e.g. agriculture, industry, incineration), as products or as unintended by-products, they may be of historical nature or used daily in household products. Article 16 of the Water Framework Directive 2000/60/EC (WFD) sets out a strategy for dealing with chemical pollution of water. As a first step of this strategy, a list of priority substances was adopted (Decision 2455/2001/EC) identifying 33 substances of priority concern at Community level. This proposal aims to ensure a high level of protection against risks to or via the aquatic environment stemming from these 33 priority substances and certain other pollutants by setting environmental quality standards (EQS). The necessary emission controls have been adopted in various Community acts over the past years.
General contextThe Community first adopted legislation regarding chemical pollution of waters in 1976 (Directive 76/464/EEC on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community). Subsequently, several 'Daughter Directives' were adopted from 1982 until 1990 laying down emission limit values and environmental quality objectives for 18 specific pollutants (see below). The WFD introduced an updated, comprehensive and effective strategy for chemical pollution of surface waters. Under the WFD, Directive 76/464/EEC is to be repealed within a transition period but no provision is made for the repeal of the related 'Daughter Directives'. Article 16 requests the Commission to present a proposal with specific measures against pollution of water by individual or groups of pollutants presenting a significant risk to or via the aquatic environment. As a first step, Decision 2455/2001/EC was adopted which replaces the previous list communicated by the Commission in 1982. As a next step, the Commission was required to come forward with EQS (see Art. 16 (7)) and emission controls (see Art. 16 i and (8)) for these priority substances. This proposal implements this obligation with the exception of introducing additional emission controls (for more details see below). At the same time, this proposal includes the repeal of the existing 'Daughter' Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC and 86/280/EEC as amended by Directive 88/347/EEC and 90/415/EEC.
Existing provisions in the area of the proposalThe WFD sets out the general framework for a strategy against pollution of surface waters. Based on the previous legislation in this area Directive 76/464/EEC, and related Daughter Directives (see above) regulate similar aspects to those specified in this proposal. However, the pollutants covered are not identical and there was a need to take into account scientific and technical progress.
Consistency with other policies and objectives of the UnionThe 6th Environmental Action Programme identifies the measures for priority substances as a key action (see Article 7(2)(e) of Decision 1600/2002/EC). The objective of this proposal is to protect and enhance the quality of the environment in accordance with the principle of sustainable development. At the same time, the proposal for EQS ensures the harmonisation of economic conditions in the internal market since existing national EQS vary considerably. Furthermore, the proposal and accompanying Communication takes full account of the objectives and provisions of other Community legislation, in particular the chemicals policy including REACH and the Pesticides Directive, the IPPC Directive and the Thematic Strategies, namely those on marine policy and sustainable use of pesticides. All of these, and other, Community acts provide the emission controls in the sense of Article 16 i and 16 i WFD.
Consultation of interested parties
Consultation methods, main sectors targeted and general profile of respondentsSince 2001, the Commission consulted a representative stakeholder forum - the Expert Advisory Forum on Priority Substances - which included experts from Member States, industry and environmental NGOs on all aspects of the proposal. The consultation satisfies the requirements of Article 16 i of the Water Framework Directive where this form of consultation is explicitly mentioned. It has included a series of 16 meetings and several rounds of written consultation.
Summary of responses and how they have been taken into accountIn addition to the minutes of the meetings, the outcome of these consultations are available in several background documents: The methodology to establish EQS and substance specific datasheets. A concept paper on pollution controls, including source screening sheets and tables of existing Community measures for each substance.A report of the Expert Group on Analysis and Monitoring.A report on the Identification of Priority Hazardous Substances.A study report on potential economic impacts of the pollution control measures.A study report on environmental quality standards - their compliance rate and the benefits from achieving them.In addition the Commission consulted the Expert Advisory Forum on a draft Directive in June 2004. Further details on comments received and the extent to which these have been taken on board are summarised in the accompanying Impact Assessment (SEC(2006) 947 of 17.7.2006).
Scientific/expertise domains concernedMember State and industry scientific experts were regularly consulted through the Expert Advisory Forum. In addition, the Scientific Committee on Toxicity, Eco-toxicity and the Environment (SCTEE) was consulted on the establishment of EQS (with the final opinion adopted by SCTEE during the 43rd plenary meeting of 28 May 2004). This opinion has been taken into account in the finalisation of the EQS values and detailed information is available in the report on EQS and individual datasheets.
Methodology usedRegular meetings of the Expert Advisory Forum took place from 2001-2004. In addition, wider written consultation took place. Finally, the opinion of the SCTEE was sought in accordance with the formal procedures.
Main organisations/experts consultedVarious scientific and technical experts on chemical pollution in general, on analysis and monitoring, on emission controls, on environmental quality standards, on existing chemicals (under Regulation 793/93) and on plant protection products (under 91/414/EEC) from all EU25 Member States, candidate countries and Norway were regularly consulted. Within the same process, industry scientists and experts including EUREAU, CEFIC, Eurochlor, ECPA, Eurometaux, UNICE and Environmental NGO experts from WWF and EEB were also consulted. A questionnaire on the economic impacts of the potential proposals was circulated to 43 major European industry organisations.
Summary of advice received and usedThere is a broad consensus on the existence of potentially serious risks with irreversible consequences from dangerous substances.
An EQS based on a maximum allowable concentration was developed to avoid serious irreversible consequences for eco-systems due to acute exposure in the short term, and the annual average EQS to avoid irreversible consequences in the long term, although the SCTEE points out that acute exposure can also have long term consequences. Other advice by the SCTEE concerned ensuring latest scientific data available is used, coherence with other risk assessment methodologies and specific advice in relation to individual substances.Furthermore, the extensive public consultation on a draft Directive in June 2004 has led to revisions of proposals for additional emission controls, mainly for cost reasons. The consultation showed that the most cost-effective way to achieve the objectives for priority substances is to leave the level and combination of measures, mainly based on existing EU legislation, to be decided by Member States.
Means used to make the expert advice publicly availableAll the above-mentioned documents are available at:europa.eu.int/comm/environment/water/water-dangersub/pri_substances.htm SCTEE opinion available at:europa.eu.int/comm/health/ph_risk/committees/sct
Impact assessmentIn general, three main options were considered. First, no new proposal leaving any further regulation to Member States; second, that the setting of EQS only is addressed at Community level; and finally, that both EQS and specific additional emission control measures are dealt with in the proposal. For environmental quality standards, it was decided early on that they should be set at Community level due to the specific requirements of the WFD for harmonisation and consistency with other Community legislation. Thereafter, a number of sub-options have been considered in the preparatory process (see impact assessment report). For the pollution control measures, the option chosen is to leave the additional specific measures to the Member States, as this was identified as the most cost-effective and proportionate. In addition, there is already in place (or pending) a significant body of EU emission control legislation which is contributing significantly to achievement of the WFD objectives for priority substances. The Impact Assessment report sets out in more detail the findings as regards the relative socio-economic impacts and environmental benefits of each of the above options.
Contents
Summary of the proposed actionIn summary the key components of the proposed Directive are: - establishment of environmental quality standards as required by Article 16.7 WFD including the introduction of a transitional area of exceedance, - establishment of an inventory of discharges, emissions and losses to check whether the objectives of reduction or cessation are met;- repeal of and transitional provisions for the existing 'daughter Directives' listed in annex IX WFD as suggested by Article 16.10 WFD,- identification of priority hazardous substances (PHS) out of the 14 substances under review as required by Decision 2455/2001/EC.
Legal basisThe key provisions of this Directive relate to environmental protection, and consequently the legal base of 175 i of the Treaty is chosen, in line with the WFD.
Subsidiarity principleThe subsidiarity principle applies insofar as the proposal does not fall under the exclusive competence of the Community.
The objectives of the proposal cannot be sufficiently achieved by the Member States acting nationally for the following reason(s).
Currently, most priority substances are regulated by national environmental quality standards which vary considerably. To ensure the same level of environmental protection in all Member States, and to ensure a level playing field for economic operators, EQS should be established at Community level. Without Community-wide EQS, Member States would have to set national EQS by the end of 2006. The Commission favours Community action on this point and therefore will await the outcome of the co-decision process for this proposal before pursuing the implementation of this obligation by Member States.
Establishing EQS at Community level furthermore ensures less administrative efforts for Member States. Moreover, chemical pollution of transboundary surface waters can only be addressed by joint cross-border action.
This proposal is limited to establishing EQS at Community level. Specific and additional pollution control measures are left to the Member States since many other existing Community acts must be applied to fulfil the requirements of Article 16 i and 16 i WFD.
The proposal therefore complies with the subsidiarity principle.
The proposed instrument is a Directive laying down targets for environmental quality to be achieved by 2015. To ensure proportionality in the pollution reduction measures, much scope is left to the Member States to identify the most appropriate specific combination of measures. This will allow regional and local situations to be taken into account.
Given the extensive implementation framework established under the WFD, as well as the safeguard clause included in the case of non-adoption of this proposal (cf. Article 16.8 WFD), it is believed that the additional financial or administrative burden of the proposal is minimal.
Proposed instruments: Directive.
The Commission proposes a single legal act establishing all provisions related to Article 16 (WFD) to ensure one streamlined instrument. A directive is chosen as the legal instrument. Its parent instrument 2000/60/EC is a Directive and the measures require transposition.
No budgetary implications are expected.
Simulation, pilot phase and transitory period
There will be a transitory period for the proposal.
The proposal provides for simplification of legislation.
The five specific Directives (82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC and 86/280/EEC as amended by Directive 88/347/EEC and 90/415/EEC) are repealed by the proposed Directive.This simplification will mean that a substantial part of the reporting obligations under Commission Decision 95/337/EEC will become obsolete.
Repeal of existing legislationThe adoption of the proposal will lead to the repeal of existing legislation.
The proposal includes a revision clause for the setting of EQS. Furthermore, Article 19 i WFD provides for a general review of Directive 2000/60/EC which includes the provisions of Article 16 and consequently this Directive.
Correlation tableThe Member States are required to communicate to the Commission the text of national provisions transposing the Directive as well as a correlation table between those provisions and this Directive.
European Economic AreaThe proposed act concerns an EEA matter and should therefore extend to the European Economic Area.
Detailed explanation of the proposalArticle 1 - Subject matter: The Directive sets out environmental quality standards. Article 2 and Annex I - environmental quality standards: Environmental quality standards (EQS) for priority substances and selected other pollutants and related compliance checking provisions are being established and specified in Annex I. The EQS are differentiated for inland surface waters (rivers and lakes) and other surface waters (transitional, coastal and territorial waters). Two types of EQS are set, annual average concentrations and maximum allowable concentrations, one for protection against long-term and chronic effects, the other for short-term, direct and acute ecotoxic effects, respectively. For metals, the compliance regime is adapted by allowing Member States to take background levels and bioavailability into account. Member States shall have to use compulsory calculation methods, if set up by the Commission. EQS are also established for biota of certain selected substances. Some EQS may need to be revised shortly in the light of the outcome of ongoing risk assessments under other Community legislation. In particular an amendment of the provisional EQS for nickel and lead are likely as the relevant results of the ongoing risk assessments can currently not be anticipated by the Commission.Article 3 - transitional area of exceedance: A transitional area of exceedance is being defined for the vicinity of point source discharges for those parts of water bodies where EQS cannot be met due to the elevated levels of pollutants in the effluents. Article 4 – inventory of emissions, discharges and losses: An inventory is to be established for river basins in order to allow compliance checking of the objectives on reduction of discharges, emissions and losses for priority substances and cessation or phase out of discharges, emissions and losses for priority hazardous substances. The timetable for complying with the cessation target is 2025. Article 5 and Annex II - identification of priority hazardous substances (PHS): The WFD (Art 16.3) requires the identification of PHS among the priority substances. In Decision 2455/2001/EC, 14 priority substances are proposed for review as regards their final status as priority or priority hazardous substances. Out of these 14 substances, 2 are now proposed as PHS and the remaining 12 are confirmed as priority substances as their final classification. Article 6, 7 and 8: Amendment and repeals of existing 'Daughter' Directives. The quality standards set by these directives are being incorporated in this proposal and thereby repealed with the entry into force of this Directive. Article 9, 10 and 11: Provisions on transposition, entry into force and addressees.