Water Framework Directive 2000/60/EC Proposal for a Directive on Environmental Quality Standards in Surface Water Conor Clenaghan CMA 17 November 2006

Article 16 WFD (2) Establish list of priority substances (3) Identify priority hazardous substances Implemented through Decision 2455/2001/EC (7) Establish EQS (6+8) Establish pollution control measures (10) Review existing directives (4) review list regarding PHS Scope of current proposal

Preparatory Process Extensive and intensive consultation of Member States and stakeholders experts since 2001 Extensive background documentation Opinion of Scientific Committee on EQS (May 04) Written consultation of draft proposal (non-paper) in June to Sept 2004 Extensive comments (internal and external) Revision of documents and proposals based on comments Studies supporting the impact assessment

State of play… Commission adopted Proposed Directive (COM(2006)397) and Communication (COM(2006)398) on 17 July 2006. Impact Assessment (SEC(2006)947) published All documentation including supporting technical documents available on website http://ec.europa.eu/environment/water/water-dangersub/surface_water.htm

Proposed Directive

Key components - Articles Art. 1 – Purpose Art. 2 - Environmental Quality Standards Art. 3 – Transitional area of exceedance Art. 4 – Inventory for discharges, emissions and losses (link to cessation in 2025) Art. 5 – Amendment of Annex X Art. 6, 7 and 8: Amendment and repeal of existing daughter directives

Key components - Annexes Annex 1 – EQS for water phase Part A – EQS for 33 priority substances Part B – EQS for 8 list I substances Part C – Compliance issues Annex 2 – Annex X identifying 2 new PHS and 12 “candidates” as PS (i.e. 13 of 33 substances would be PHS)

Environmental Quality Standards Annual average and maximum allowable concentration Difference between inland waters (rivers, lakes) and others (transitional, coastal and territorial) Different provisions for metals (e.g. dissolved concentration to approximate bioavailability, hardness factor for Cd) EQS for metals – risk assessments not finalised (Ni, Pb), MS to take account of background levels and bioavailability Peer reviewed by SCTEE

Environmental Quality Standards No action means large variation of national EQS (factor up to 500 - 2000) Current compliance mostly above 50-80% for metals and 75% for organics MAC-EQS: largely full compliance already Assessment uncertain for certain substances, data collection under WFD will improve assessment

Pollution control Key message: existing EU legislation (+ national measures) constitutes comprehensive set of pollution control measures which should enable MS to achieve WFD objectives Considerable number of Commission proposals related to Art. 16 WFD between 2000-2005, no additional measures necessary Combination of existing measures left to MS (progammes to reduce PS and cease PHS) Definition of an inventory as baseline by 2009 Art 12 WFD - inform Commission if MS cannot resolve pollution problems

State of Play in Negotiations Environment Working Party of Council have discussed all parts of the proposal in October Possible First Reading in Parliament in Spring 2007 Possible Political Agreement in Council in June 2006 Some MS keen to see priority substances standard methods and LOQ criteria specified.