The EU Water Sector Requirements

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The EU Water Sector Requirements

Legislation and Institutional Working Group 25
Oct. 07 Presented by Claire Dupont
Key Legal Expert
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Priorities Linked to the Black Sea

• Euthrophication is one of the priority
  environmental issues in the BS region
• Sources nutrients and phosphorus loads in the
  Black Sea Basin (wastewater, detergents, run-off
  from agricultural lands)
• Need for reducing the discharge of phosphorus and
  nitrogen nutrients into the environment

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Key Relevant Directives

• Key Directives
• Water Framework Directive
• Urban Wastewater Treatment Directive
• Nitrate Directive
• Groundwater Directive
• Other water-related requirements
• Drinking Water Directive
• Bathing Water Directive
• Flood Directive
• Drought Strategy

Selection needed!!
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Brief History of EU Water Law

• First wave of laws (1970s 80s)
• Focus on setting quality standards for water for
  specific uses
• Surface Water for Drinking Water Abstraction 1975
• Bathing Water 1976
• Fish Water 1978
• Shellfish Water 1979
• Drinking Water 1980
• Ground Water 1980
• Only emission control element found in Dangerous
  Substances Discharged to Water 1976
• No regulation of water quantities

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Brief History of EU Water Law

• Second wave of laws (1990s)
• Introduction of emission controls
• Urban Waste Water Treatment 1991
• Protection of Water from Nitrate Pollution 1992
• Integrated Pollution Prevention Control 1996
• Protection of human health New Drinking Water
  Directive 1998
• Current policy - Water Framework Directive (2000)
• Requires integrated water management by river
  basins
• Recognises need for a combined approach, i.e.,
  emission controls water quality standards

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Water Framework Directive (1)

• Directive 2000/60/EC establishing a framework
  for Community action in the field of water
  policy
• Establishes a framework for the protection of all
  waters (inland surface waters, transitional
  waters, coastal waters groundwaters) in a
  single instrument
• Does not cover Drinking Water or Bathing Water
  which remain separate regimes on account of their
  high public health component

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Water Framework Directive (2)

• Key Article 4 environmental objectives
• Member States are to carry out programmes of
  measures with the aim of achieving, by 2015
• For surface waters -- good chemical ecological
  status
• For groundwater -- good chemical quantitative
  status
• For protected areas compliance with EU
  standards objectives

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Water Framework Directive (3)

• Two concepts involved in good chemical
  ecological status in surface waters
• Good Surface Water Ecological Status has to
  meet Annex 5 criteria elements of morphology,
  biology hydrology varying for the surface water
  type (e.g., river, lake). Status is defined
  relative to pristine sites, Annex provides for
  nature degree of ecological distortion for
  different types of surface water
• Good Surface Water Chemical Status where
  pollutant concentrations do not exceed
  Environmental Quality Standards set in existing
  daughter directives, under priority substances
  list in any other EU law (IPPC, UWWT, Nitrates
  etc.)

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Water Framework Directive (4)

• Similar requirements for groundwater
• Member States shall implement the measures
  necessary to prevent or limit the input of
  pollutants into groundwater and to prevent the
  deterioration of the status of all bodies of
  groundwater
• Member States are to protect, enhance restore
  all bodies of groundwater, ensure a balance
  between abstraction and recharge..
• Reverse any significant and sustained upward
  trend in the concentration of pollutants
  resulting from human activities

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Water Framework Directive (5)

• Implementation Timetable for Member States
• By end 2003, identify all river basins in
  national territory assign them to river basin
  districts
• By end 2003, competent authorities must be
  appointed for all river basins
• By end 2004, completed
• Analysis of the characteristics of each river
  basin district
• A review of impact of human activity on the water
• An economic analysis of water use

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Water Framework Directive (6)

• Implementation Timetable for Member States
  (continued)
• By end 2004, a register of areas needing special
  protection under specific EU legislation
• Protection of surface waters
• Protection of groundwater
• Conservation of habitats
• All bodies used for abstraction of water for
  human consumption
• Annex IV gives details on how to characterise
  monitor RBs

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Water Framework Directive (7)

• By end 2006, operational water monitoring
  programmes
• By 2009, Management Plans for each river basin
  district, with Programme of Measures that meet
  Article 4 objectives
• Prevent deterioration of surface water, achieve
  good chemical ecological status, reduce
  pollution from hazardous substances
• Protect groundwater, prevent pollution
  deterioration, ensure a balance between
  abstraction recharge
• Preserve protected areas
• By 2015, achievement of objectives in management
  plans

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Water Framework Directive (8)

• River Basin Management Plans (RBMP)
• Must have programme of measures to achieve good
  status objectives
• Must have certain basic measures, including
• Implementation of existing EU law on point
  diffuse pollution (IPPC, UWWT, Priority
  Substances)
• Promotion of efficient sustainable water use
• Prior authorisation for abstraction recharge of
  surface groundwater, incl. registers of water
  abstraction

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Water Framework Directive (8)

• River Basin Management Plans (RBMP)
• Basic measures - continued
• Prior regulation or authorisation with emission
  controls for point source discharges
• Measures to prevent or control diffuse pollution
• Measures to prevent pollution by priority
  substances
• All appropriate measures to reduce the risk to
  aquatic ecosystems

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Water Framework Directive (9)

• Article 4(3) (6) Derogations
• Some provisions allowing relaxation of status,
  objectives time-scales for their achievement
• But justification for any derogation must be
  published in the RBMP reviewed every 6 years
• Public information and consultation requirements
• MS must involve the public in the production,
  review and updating of River Basin Management
  Plans

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Decision 2455/2001 (Priority Substances)

• List of substances considered to present a
  significant risk to or via the aquatic
  environment
• Linked to obligation in Water Framework Directive
  to take Community-level measures aimed at the
  progressive reduction and for priority
  hazardous substances at the cessation or
  phasing out of discharges, emissions, losses by
  2020
• Proposed Directive setting limits on
  concentrations in surface waters of 41 dangerous
  chemical substances
• Will repeal 5 older directives (daughter
  directives under Directive 76/464/EEC)

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Moldova Current Status

• Draft law in advanced preparation
• Need to develop secondary legislation
• Points for discussion
• Timing for adoption
• Which secondary legislation is needed
• Coordination with development of other related
  water legislation
• Main stakeholders (Ministry of Ecology and
  Natural Resources, Ministry of Health, Centre of
  Preventive Medicine, Agency Apele Moldovei,
  Hydrometeorological Service, State Ecological
  Inspectorate, AGeoM Agency, Cadastre Agency )

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UWWT Directive (1)

• Directive 91/271/EEC on urban wastewater
  treatment
• Objective
• To protect the environment from any adverse
  effects from discharge of UWW wastewater from
  certain industrial sectors
• Applies to
• Urban waste water from households (collection
  treatment)
• Industries that produce biodegradeable effluents
  similar to domestic sewage in excess of 4000
  person equivalents (p.e.)
• Industrial waste discharged to sewers

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UWWT Directive (2)

• Key requirements
• All communities above 2000 p.e. (person
  equivalents) must install adequate
• Sewage collection systems
• Treatment systems for the sewage collected
• Collection treatment systems are to be
  installed by a series of deadlines which depend
  on
• The size of the agglomeration
• Whether it discharges into sensitive waters

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UWWT Directive (3)

• Discharges from UWWT plants must meet emission
  limit values (ELVs) set in Annex 1 (BOD, COD,
  total suspended solids)
• Primary secondary treatment is required in
  order to meet these ELVs
• Primary treatment by a physical or chemical
  process involving settlement of suspended solids
• Secondary generally biological treatment
• Where UWW is discharged to sensitive waters (at
  risk of eutrophication), additional tertiary
  treatment (nutrient removal) may be required

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UWWT Directive (4)

• Investment requirements
• The most costly environmental Directive to
  implement
• UWW collection treatment is usually the
  function of local government, so municipalities
  local water companies will need to finance
  construct necessary infrastructure
• Smaller communities have particular difficulty
  with financing
• 35 billion investment required in new MS (EU-10
  EU-2)
• Transition periods have been granted

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UWWT Directive (5)

• Competent Authorities must give prior regulation
  or specific authorisation for
• Industrial waste water discharges (must be
  pre-treated)
• Disposal of waste water from UWWT plants
• Biodegradeable industrial waste water discharges

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Moldova Current Status

• Very limited wastewater treatment capacity
• Water supply and sanitation strategy (role of the
  future National Water Facility)
• Points for discussion
• Strategic framework
• Timing
• Main stakeholders (e.g. role of Agency Apele
  Moldovei, Agency for Construction and
  Territorial Development, local governments etc. )

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Nitrate Directive 91/676 (1)

• To reduce or prevent water pollution caused by
  nitrates from agricultural sources (diffuse
  sources)
• Designed to protect drinking water supplies and
  prevent euthrophication of freshwater and marine
  waters
• MS have to identify
• Surface waters groundwater affected or which
  could be affected by nitrate pollution, in
  accordance with the procedure and criteria set in
  the Directive
• Nitrate Vulnerable Zones (NVZ)
• Establish Codes of Good Agricultural Practice
  (GAP) to be implemented by farmers on a voluntary
  basis

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Nitrate Directive 91/676 (2)

• Implement action programmes in vulnerable zones
  (on individual NVZ or part of zones)
• Alternatively, MS may not designate NVZ but
  establish and apply an action programme through
  the whole territory
• Action programmes include mandatory measures
  manure storage, spreading e.g. limit the
  spreading on land of any fertiliser containing
  nitrogen and set limits for the spreading of
  livestock effluents
• NVZ and effectiveness of action programmes are to
  be reviewed each 4 years
• Monitor surface and groundwater quality against a
  maximum limit of 50 mg NO3/l.

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Moldova Current Status

• Key issue given the weight of agriculture in
  Moldova economy and extent of related
  environmental impacts
• Any on-going project (WB?)
• Any planned legislation?
• Points for discussion
• Nitrate / Groundwater Directives
• Timing
• Main stakeholders

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Groundwater Daughter Directive (1)

• Linked to WFD requirements
• Define groundwater bodies within RBD to identify
  those in risk of not achieving WFD objectives
• Registers of protected areas within each RBD e.g.
  under Nitrates Directive
• Groundwater monitoring networks programmes
• Include groundwater status in RBMP
• Establish measures to control groundwater
  extraction, artificial recharge or augmentation
  of groundwater bodies subject to prior
  authorisation
• Direct discharges of pollutants into groundwater
  prohibited

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Groundwater Directive (2)

• Repeals Directive 80/68/EC by December 2013 but
  the same level of protection should be maintained
  or strengthened
• Sets up procedure and criteria for assessing
  groundwater chemical status based on
• quality standards (e.g. 50 mg/l for Nitrates)
• threshold values to be established by each MS for
  key pollutants including those listed by the
  Directive (by Dec.08) at national or RBD level

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Groundwater Directive (3)

• Requires MS to identify and reverse significant
  and sustained upwards trends in concentrations of
  pollutants
• Requires MS to take measures to prevent or limit
  inputs of pollutants into groundwater, so that
  WFD environmental objectives can be achieved by
  2015

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Moldova Current Status

• Groundwater pollution is a serious concern
• Points for discussion
• Nitrate / Groundwater Directives
• Timing
• Main stakeholders