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

2. 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

3. 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

4. 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

5. Proposed Directive

6. 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

7. 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)

8. 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

9. Environmental Quality Standards
No action means large variation of national EQS (factor up to )
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

10. 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 , 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

11. 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.