THE EC WATER POLICY – A MODEL FOR AN INTEGRATED WATER REGIME ? David GRIMEAUD

1. Training course in European and International Environmental Law 2005CERIUM & Jean Monnet Chair in European Integration,University of Montreal4th – 15thJuly 2005 – MONTREAL THE EC WATER POLICY – A MODEL FOR AN INTEGRATED WATER REGIME ? David GRIMEAUD Senior Lawyer – Brussels Office HUGLO LEPAGE & Partners

2. I. INTRODUCTION Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy Policy and legal context - Multi-facetted integration - Sustainable development – Environmental objectives and derogations – River Basin approach - Regulatory and Market-based instruments.

3. Plan PLAN I THE FACTS: SOME FIGURES ON FRESHWATERS. • Global Figures on Freshwater. 1.1 Two main threats on freshwater resources. 1.2 Global Figures on Freshwater Scarcity. • Figures and indicators on Freshwater quantity in the enlarged EU. • Figures and indicators on Freshwater quality in the enlarged EU: Ecological quality. • Figures and indicators on Freshwater quality in the enlarged EU: Nutrients and organic pollution. • Figures and indicators on Freshwater quality in the enlarged EU: Hazardous substances • Conclusions

4. PLAN II THE INTERNATIONAL POLICY AND LEGAL CONTEXT OF THE NEW EC WATER REGIME. • WHY: Relevance of international law on marine and freshwater to the EC water regime. • WHAT: State of relevant international policy and law on the protection of freshwaters and on marine waters and environment and on hazardous substances. 2.1 Relevant international policy and law on the protection of freshwaters and marine / coastal waters. 2.2 Other relevant international instruments and norms.

5. PLAN III THE NEW EC WATER REGIME: A MODEL? • EC policy and law context. 1.1 6TH EAP 1.2 Interactions with other non-water EC Directives 1.2.1 The IPPC Directive 1.2.2 The EIA Directive 1.2.3 The Access to Information on the Environment Directive 1.2.4 The Nature Directives • The Integration focus of the new EC water regime. 2.1 Normative integration: Recasting EC water law. 2.2 Environmental, Economic and Social integration: Sustainable Development. 2.3 Environmental integration: 2.3.1 Hydrological integration: The River Basin Approach 2.3.2 Water quality and quantity 2.3.3 Water and associated ecosystems 2.4

6. I SOME FIGURES ON FRESHWATERS. 1.Global Figures on Freshwater • Two main threats on freshwater resources: • Over-use and over-abstraction: Affecting quantity of available freshwater for humans and animals and associated ecosystems. • Too much pollution: Affecting quality of available freshwater for humans and animals and associated ecosystems and increasing costs of water treatment for humans and animals and associated ecosystems. Regarding water quality: • It is estimated that over 50% of worldwide freshwater resources are either “polluted” or “very polluted”: degree of contamination by substances that requires prior advanced treatment to make water usable.

7. I.1 SOME FIGURES ON FRESHWATERS. 2. Global Figures on Freshwater Scarcity • It is estimated that the minimum amount of water required to meet human basic needs is comprised between 20 and 50 litres per person per day: On an annual basis: 7300 – 18.250 litres or 7,3 – 18,25 m3. • To meet basic needs: • Water quantity: consumption, sanitation and domestic and personal hygiene sufficient to maintain health • Sufficient quantity of water of sufficient quality: human basic needs and health require adequate water quality free of hazardous chemical and biological contamination. • To achieve sustainable human development : • Water in sufficient quantity for i.e. agriculture, industry, tourism, transport. • Agriculture accounts for 80 % of freshwater use in developing countries.

8. I SOME FIGURES ON FRESHWATERS. • As a key feature for sustaining life and economic and social development, many large-scale infrastructures have been built to direct water to particular usages. • More than 45.000 large dams today (more than 15 meters high). • Increased storage capacity has allowed hydro-electricity production, irrigation for agriculture and access to water for more people. • Irony: more water stored, more demand for water, increased water scarcity. • Water demands keeps on growing: • Global water consumption increased by 600 % between 1900 and 1995: twice more than the rate of population growth.

9. I SOME FIGURES ON FRESHWATERS. • Humans withdraw 4.000 km3 per year (4.000.000 m3 / 4.000.000.000 litres): • Annual global runoff (water available for human use after evaporation or absorption into groundwaters bodies) is 9.000 km3 + 3.500 km3 stored in reservoirs. • Yet, water supplies are unevenly distributed (base-year 2000): • 41% of the world’s population (2,3 billion people) live in river basins under “water stress”: water supply per capita < than 1.700m3 per year. • Out of those 41%, 1,7 billion people live in river basins under “high water stress”: water supply per capita < than 1.000m3 per year. • If water consumption remains unchanged: • 48 % of the world’s population (3,5 billion people) will live in river basins under “water stress” in 2025, extended beyond semi-arid and arid areas.

10. I SOME FIGURES ON FRESHWATERS. Global Figures on Freshwater Scarcity

11. I SOME FIGURES ON FRESHWATERS. 2. Figures and indicators on Freshwater quantity in the enlarged EU. “Europe’s water: An indicator-based assessment”, European Environmental Agency (2003) Good: • In general terms, the EU does not suffer from water scarcity, with the exception of “hot spots”(Southern Europe)in prolonged heat wave periods. • Total water abstractions have decreased over past 10 years, except in Western Southern Europe. • Most sectors have reduced their water use via: • more efficiency in water use • water-re-use devices • higher water prices.

12. Not so Good: • Slight increase in agriculture water use (irrigation) in Western Southern Europe. • Slight increase in water abstraction for energy production in non-Mediterranean accession countries (i.e. Hungary, Slovakia) • Expectations that growth in tourism in Southern Europe shall increase water use. • Over-abstraction remains a major concern in many costal areas and island of the Mediterranean Sea where drinking water have now become contaminated by seawater.

13. Indicators for assessment of EU water scarcity and quantity • (a) Available water • 12 countries have less than 4.000m3 per capita / per year (i.e. Cyprus, Malta, France, Belgium, UK). • Climate projections: • decreasing rainfalls in Southern Europe and increasing precipitations for Central and Northern Europe.

14. (b) Total water abstraction. • 18 % of Europe’s population lives in water-stressed countries (mostly Southern Europe). • 10% of total EU freshwater resources is abstracted per year. • Yet, total water abstraction decreased in past 10 years, except in Southern Europe. • (c) Waterconsumption • Water consumption index: Total water consumption divided by the long- term freshwater resources of the country. • Based on the assumption that 80% of total water abstracted for agriculture, 20% for urban use, 20 % for industry and 5 % for energy production is not returned to water bodies • 12 countries have a high water consumption index: countries that have the highest agricultural water use and which use in some cases over 10 % of their annual available resources (i.e. France).

15. (d) Sectoral use of water / Agriculture • Agriculture is the largest water-use sector mainly for irrigation. • Southern European countries have the largest area of irrigated land and use 3 times more water per unit of irrigated land than other parts of Europe. • Amount of water used for irrigation has increased in past 10 years in Southern European countries. • Amount of water used for irrigation in Central accession countries has decreased in past 10 years because of deterioration and non-use of irrigation systems.

16. (e) Sectoral use of water / Urban use : households and industries connected to public water supply • Amount of urban water use depends on climate, efficiency of public supply services, patterns and habits of water use, economic instruments, technological change. • In Western and Central Europe, urban water use is around 100m3 / per capita / per year. • Urban water use has decreased in part 15 years as the result of measures to reduce demand (i.e. water pricing) and economic restructuring.

17. (f) Overall reservoir stocks • Primary functions of water reservoirs are for hydroelectric power production, storage for public water supply and irrigation. • Around 13% of mean annual rainfall in Europe is stocked behind dams • Turkey, Cyprus and Spain have the highest % volume of stored water in relation to their annual renewable freshwater resources (over 20 %). They are those which also use the highest % of their resources for irrigation. • In other countries, the majority of water reservoirs is used for hydropower production.

18. (g) Saltwater intrusion • Saltwater intrusion is the result of over-exploitation of groundwater bodies (when abstraction exceeds recharge and leads to lowering groundwater level). • Italy, Spain and Turkey are affected by saltwater intrusion caused mainly by groundwater over-exploitation for public water supply. • (h) Groundwater levels • Over-abstraction of groundwater can decrease level in associated water aquifers affecting in turn depending terrestrial ecosystems. • Groundwater level has increased in the EU as a result of decrease and regulation of groundwater abstraction.

19. (i) Water prices Domestic sector • General trends towards higher prices in real terms in 1990s. Yet, wide variations within each country and among EU countries due to: • Partial or full cost recovery • State of water quantity • Subsidies • Water charges represent generally small % of household income: from 0,2% in Oslo to 3,5 % in Bucharest. • In accession EU countries, water charges significantly increased due to halting of water subsidies: • 15-fold increase in Hungary during 1990s resulting in decrease of water use by 50%. • Countries with highest increase in water charges in domestic sector in 1990s: • Hungary: + 18,5% / year • France: + 7% / year • DK: +6,2% / year

20. Industry and agriculture sectors • Industry is price-sensitive to high water charges resulting in investments in water-use and efficiency technologies. • Water-use in Agriculture is highly subsidised • Illustrative figures on water charge distribution between households, industry and agriculture in EURO/m3: Households Industry Agriculture • Holland: 3,2 1,2 1,4 • France: 3,1 0,8 0,1 • UK: 2,3 1,7 0,2 • Spain 1,1 1,1 0,25

21. (j) Water use efficiency in domestic sector • General trends towards more water efficiency use in last 30 years due to technology changes in domestic devices compensating partly for urbanisation, wider access to home toilets and washing machines. • Water use in households: • Toilet flushing: 33% • Bathing and showering 25% • Washing machines, dishwashers: 15% • Cooking: 3%

22. (k) Water leakage • Concerns losses of water in distribution network. • Still high in many urban areas due to • Uneasy access to water pipes • Low level of replacement of infrastructure • Asbestos cement pipes • Unfavorable soil conditions • Lack of financial resources • Illustrative figures on water leakage in urban water networks in 1990s • Bulgaria: 50% • Slovenia: 44% • Hungary: 35% • Romania: 31% • France and Italy : 30% • UK : 22% Uneasy access to mains • Germany: 3% due to combination of good soil conditions, high level of replacement of water pipes, low level of agressiveness of water supplied.

23. 3 Figures and indicators on Freshwater quality in the enlarged EU.Ecological Quality Background: Plants and animals in lakes, rivers, transitional and coastal waters are sensitive to changes in chemical state of water bodies caused by, a.o: Change in climate Eutrophication Organic pollution Hazardous substances Physical changes of water bodies via dams, channelisation of rivers… Many policy objectives of the EU To achieve a “good status” by 2015 (FWD) To promote sustainable use of seas and to conserve marine ecosystems (2002 Thematic Strategy). To halt biodiversity decline by 2010 (CBD) To protect and restore habitats and to halt biodiversity losses by 2010.

24. “Europe’s water: An indicator-based assessment”, European Environmental Agency (2003) Good: • River quality is improving. • Lake quality is improving. • Rate of arrival in non-indigenous species in European seas has reduced since 1970s. Not so Good: • Many Lakes in accession countries highly polluted. • High rate of presence of non-indigenous species in European rivers and lakes poses major threats to associated ecosystems • Increasing non-indigenous species in Atlantic oceans • High pressures on habitats of EU transitional and coastal waters due to high population densities, tourism and agriculture • Unsustainable fishing causes decreasing fish stocks.

25. Indicators for assessment of ecological quality of EU water • (a) River quality • River classification schemes often used to assess extent of pollution. • Different types of schemes: • Based only on physico-chemical parameters (i.e. pH, ammonium) • Based only on biological parameters (i.e. macro-invertebrates) • Based on a combination of both. • None of the existing schemes respond to requirements of the FWD. • In general terms, existing national schemes show an improvement in quality of rivers due to reinforced regulation of discharges and human activities. Yet, illustrative figures show that : • 97% of assessed rivers in Czech Republic are classified “less than good” • 90% in Poland • 55% in Sweden • 50% in France.

26. (b) Lake quality • Only some countries developed “lake classification schemes” based on concentrations of • Nutrients (phosphorus) and • Chlorophyll • None of the existing schemes respond to requirements of the FWD. • In general terms, existing national schemes show an improvement in quality of lakes. • (c) Transitional and coastal waters quality • Fewer national classification schemes based on combination of • Chemical and Biological and Aesthetic measures. • In general terms, existing national schemes show an improvement in quality of transitional and coastal waters resulting from the implementation of Urban WasteWater Treatment and Bathing Water Directives reducing : • Eutrophication. • Discharges of hazardous substances.

27. (d) Non-indigenous species (aliens, exotic, invasive, non-native) in rivers and lakes: “ Biological pollution”. • Species present in an ecosystem other than the one in which it usually evolve. • Species competing with native species, disrupting food supplies and introducing new diseases. • “Pollution” ranked as the 2nd most important threat to biodiversity (1st = habitat destruction). • Main modes of introduction: • Accidental (i.e. released by man or resulting from changes in physical water environment) • Aquaculture • France and Italy: most affected EU countries with 42 and 36 new freshwater species introduced. • (e) Non-indigenous species in transitional and coastal waters. • 660 non-indigenous species in EU coastal waters (500 in the Mediterranean via Suez canal) • Primary modes of arrival: • Shipping and aquaculture

28. (f) Loss of habitats in transitional and coastal waters. • EU coastline : 89 000 Km. Large part is affected! • Main pressures: • Industry, Tourism, Fishing, Aquaculture , Agriculture and Population densities • 57% of EU coastline used for agriculture, industrial or urban purposes. • 14 out of the 65 priority habitats listed in the Habitats Directive are in the coastal zone.

29. 4. Figures and indicators on freshwater quality in enlarged EU.Nutrients and organic pollution Background: • Excessive Nutrients (Nitrogen and phosphorus) concentrations : • can lead to eutrophication: occurrence of planktonic algae using up oxygen when dead algae decompose resulting in death of fish. • Can lead to changes in aquatic vegetation • Can make water unsuitable for recreational purposes, fish farming. • Can make water unsuitable for human consumption Nitrogen pollution mainly due to agriculture run-off. Phosphorus pollution mainly due to households and industry effluents. • Excessive organic pollution (Nitrogen and phosphorus) concentrations : • Can lead to reduction of water bodies chemical and biological quality • Can lead to adverse impacts on associated biodiversity Organic pollution mainly due to discharges from wastewater treatment plants, sewage sludge disposal, industrial effluents and agriculture run-off.

30. Many policy objectives of the EU • To prevent further deterioration of water bodies and of associated ecosystems (FWD) • To ensure progressive reduction of pollution of groundwater (FWD) • To achieve levels of water quality that do not give rise to unacceptable risks to human health and the environment (Drinking water directive) • Main EU legislation concerned • Water Framework Directive: a “good status” by 2015 • Bathing Water Directive • Nitrates Directives • Urban Waste Water Directive • Integrated Pollution Prevention and Control Directive • Drinking Water Directive

31. “Europe’s water: An indicator-based assessment”, European Environmental Agency (2003) Good: • Organic pollution of rivers has decreased in 1990s via biological treatment of waste water and wider access to tertiary wastewater treatment • Eutrophication of lakes is decreasing • Quality of bathing waters has increased • Reduction of phosphorus and nitrogen discharges Not so Good: • Nitrate drinking water limit values are exceeded in 30% of groundwater bodies • Large surplus of nitrogen in agriculture soils that can potentially pollute surface and groundwaters. • Low oxygen concentration in many estuaries.

32. Indicators for assessment of level of nutrients and organic pollution of EU water • (a) Nitrate in groundwater • Agriculture as the largest contributor via percolation of fertiliser through the soil • 20% of EU stations have concentrations in excess of maximum allowable concentrations (50 mg / l) • 40% of EU stations have concentrations in excess of guide values set in Drinking Water Directive (25 mg / l as nitrogen) • France and Sweden are the most affected. • (b) Organic matters and ammonium in rivers • Organic matters (measured as biochemical oxygen demand) and ammonium are key indicators of the oxygen content of water bodies. • High concentrations in organic matters and ammonium affect chemical and biological quality of rivers and associated ecosystems. • Concentrations in organic matters and ammonium reduced by 25% and 50% in 1990s due to implementation of the Urban Wastewater Directive with increased level of treatment.

33. (c) Phosphorus in Lakes • Discharges of human-induced nutrients in lakes has caused eutrophication. • % of lakes and reservoirs with low concentrations in phosphorus has decreased due to Urban Waste Water Directive and wastewater discharges diverted to rivers. • (d) Discharges of organic matters from point sources • Discharges mainly from industrial effluents from wood, food and chemical industries etc. • Industries have decreased their discharges due to cleaner technologies implemented as a result of the IPPC Directive requiring the use of BAT. • (e) Use of fertilisers as a major source of nitrogen pollution. • Nitrogen fertilisers and manure used on arable crops to increase productivity. • In the EU, mineral fertilisers account for 50% of nitrogen inputs into soils and manure for 40%. • When the amount of fertiliser applied (input) is in excess of the amount that can be used by the crop (output), the nitrogen surplus can then end up to the soil and pollute water bodies. • Nitrogen / nitrate surplus are found where the livestock density if the highest (NL).

34. (f) Nitrate in drinking water. • Affect all EU countries causing concerns in terms of human health. • Belgium: 30% of 5000 wells have nitrate concentrations in excess of 50 mg /l. • In early 1990s: In Bulgaria: 80% of population exposed to nitrate concentrations in excess of 50 mg /l. • (g) Bathing waters. • Bathing Water Directive sets parameters to ensure recreational use, including bacteriological quality. • It includes mandatory EQS and non-mandatory (guide values) EQS. • In 2001: 97% of coastal and 93% of inland bathing waters met the mandatory EQS 90% of coastal and 72% of inland bathing waters met the guide values • (h) Other indicators. • Nutrients in coastal and marine waters • Loads of nutrients discharged to sea • Atmospheric deposition of nitrogen to coastal and marine waters • Development of urban waste water treatment • Microbiological contamination of drinking water • Water transparency in lakes • Chlorophyll in coastal and marine waters • Harmful phytoplankton in coastal waters • Oxygen in bottom layers of marine waters. • Implementation of the Urban Wastewater Treatment and Nitrate Directives

35. 5. Figures and indicators on freshwater quality in enlarged EU.Hazardous substances Background: • Chemical production : • From 1 million tonnes in 1930 to 400 millions tonnes in 2001. • 100 000 chemical substances registered on the EU market in 2001 • 10 000 marketed in volumes > 10 tonnes • 20 000 marketed in volumes comprised between 1 and 10 tonnes. • Many substances are hazardous to the aquatic environment and to human health from drinking water and food chain.

36. Emissions : • Point sources (a.o.) • Discharges from industries • Discharges from waste water treatment plants • Landfills and contaminated land • Diffuse sources (a.o.) • Use of pesticides • Anti-fouling treatment on ships • Main EU legislation concerned and objectives: • Water Framework Directive: a “good status” by 2015 • Dangerous Substances Directive • Integrated Pollution Prevention and Control Directive that aims at reducing pollution from industry • Drinking Water Directive

37. “Europe’s water: An indicator-based assessment”, European Environmental Agency (2003) Good: • Concentrations in heavy metals (i.e. cadmium, mercury, PCB, DDT) in rivers are decreasing. • Direct and riverines inputs of heavy metals into North-Sea Atlantic have decreased in 1990s as well as atmospheric inputs. • Significant reductions of discharges of some heavy metals from specific industrial sector. • Oil discharges from offshore installations and coastal refineries in the EU show no clear sign of increased pollution despite increase in oil production. Not so Good: • Limited data on loads of hazardous substances entering the Mediterranean Sea. • Pesticides and metal contamination of drinking water is a major pb in most EU countries • General non-compliance with EU ELVs and EQS regarding several hazardous substances • Concentrations above limits for human consumption still found in mussels and fish from rivers and estuaries near point sources of pollution.

38. Indicators for assessment of level of hazardous substances pollution of EU water • (a) Heavy metals in rivers • Concentrations of Lists I and II substances (Hazardous Substances Directive) have decreased since the 1980s. • Example of the Rhine River: reduction of levels in heavy metals by 50 to 90 % due to controls on point source pollution. • (b) Hazardous substances in lakes • Most comprehensive information concern lakes in Nordic countries. A 1995 survey over 3000 lakes showed: • Concentrations in lead, cadmium and zinc are low in northern parts and in areas of high altitude corresponding to areas of low population density and oil consumption. • Concentrations are higher in southern parts due to high deposition from long-range air pollution

39. (c) Loads of hazardous substances to seas Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR), 1992, Paris. • A strategy on Hazardous Substances was adopted by the OSPAR Commission whose article 4 provides for the cessation of discharges, emissions and losses of hazardous substances by 2020. • It concerns the OSPAR List of Substances for priority of Action established by the OSPAR Hazardous Substances Committee Convention for the Protection of the Baltic Sea Area (HELCOM), 1992, Helsinki. • HELCOM adopted a Recommendation in May 2001 for the cessation of discharges, emissions and losses of hazardous substances by 2020. Convention for the Protection of the Mediterranean Sea Against Pollution (1976, Barcelona) and its Protocol for the Protection of the Mediterranean Sea Against Pollution from Land-based Sources (1980, Athens) • Requires to eliminate pollution from certain substances and to regulate discharges of other contaminants. Direct and riverine inputs of cadmium, mercury, lead and zinc into the North-Sea and Baltic Sea have significantly decreased in 1990s as well as atmospheric inputs.

40. (e) Hazardous substances in drinking water • 1980 Drinking Water Directive replaced by Directive 98/83/EC sets parameters for drinking water: • Microbiological parameters • Physico-chemical parameters • Toxic substances (pesticides, hydrocarbons, cyanide and heavy metal etc..) • Most EU countries have pbs with pesticides and heavy metals in drinking water: • Belgium, France, Germany, NL, DK : between 5 and 10% of drinking water supplies often contaminated with pesticides • France and Germany are affected by heavy metal pollution due to insufficient replacement of lead pipes • (f) Other indicators. • Sources of organic substances discharged to water • Consumption of pesticides • Accidental oil spills from marine shipping • Illegal discharges of oil to sea • Discharges of oil from refineries and offshore installations • Hazardous substances in marine organisms • Biological effects of hazardous substances in aquatic organisms

41. 6. Conclusions: • EC has developed a set of indicators to assess the quality and quantity status of EU water bodies, including coastal waters. The WFD shall set appropriate monitoring mechanisms with reinforced indicators and monitoring tools. The structure upon which those indicators are determined and assessed may be summarized as follows: • Impacts : • Loss of habitats and species • Impacts on public health • Droughts/floods • Salinisation • Loss of amenity • Coastal erosion • Non indigenous species • Eutrophication, Acidification • Driving Forces: • Industry • Agriculture • Aquaculture • Tourism • Urbanisation • Pressures : • Point sources • Diffuse sources • Water abstraction • Physical intrusion • Responses :EC and international norms • EQS and ELVs and BAT • Water use restrictions • Alternative supplies • Water prices • Improved information • Demand side management • Voluntary agreements • Status of water bodies: • Water quantity • Groundwater status • Ecological status

42. II THE INTERNATIONAL POLICY AND LEGAL CONTEXT OF THE NEW EC WATER REGIME. 1. WHY: Relevance of international policy and law on freshwater and marine waters to the EC new water regime. • The new EC water regime has not been designed and does not apply in a international legal vacuum: . • EC is Party to several Conventions (in force) on the protection of freshwaters and of marine waters that are directly relevant to European waters, including to the new EC water regime. They include a.o.: • Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR), 1992, Paris. • Convention for the Protection of the Baltic Sea Area (HELCOM), 1992, Helsinki. • Convention for the Protection of the Mediterranean Sea Against Pollution (1976, Barcelona). • Protocol for the Protection of the Mediterranean Sea Against Pollution from Land-based Sources (1980, Athens). • Convention on the Protection and Use of Transboundary Watercourses and International Lakes (1992, Helsinki). • Convention on the Protection of the Rhine, (1999, Berne).

43. 2. Provisions of the WFD that refer to international law on the protection of freshwater and marine waters : WFD rules on the designation of international River Basin Districts extending beyond EU boundaries. Art. 3 (5) and (6): • In case of such RBD, MSs “endeavour” to set coordination mechanisms with non-EU MSs “with the aim of” achieving the WFD objectives throughout the RBD • MSs “may” identify existing national or international body as RBD competent authority. WFD rules on the discharges of hazardous substances into EU water bodies. Preamble (21) : • WFD aims at ensuring that the EC meets its commitments undertaken under the OSPAR, HELCOM and Barcelona Conventions with regard to the protection of coastal waters against pollution by hazardous substances.

44. Art. 1 (c): • One of the objectives of the WFD is to set a new strategy on discharges of hazardous substances into EU water bodies in line with commitments undertaken by the EC under international agreements. Art. 16 (3): • EC Commission identifies “priority hazardous substances” taking into account international agreements. 3. Conclusions: • The WFD is the key instrument that aims at ensuring that the EC meets its international commitments undertaken under several Conventions on the protection of marine and freshwater resources.

45. 2. WHAT: State of relevant international policy and law on the protection of freshwaters and on marine waters and environment and on hazardous substances. 2.1 Relevant international policy on the protection of freshwaters and marine / coastal waters. 2.1.1 Agenda 21, Chapter 18 “Protection of the quality and supply of freshwater resources: Application of integrated approaches to the development, management and use of water resources” • Sets 7 programmes areas. • Note that it does not call for international legal action at global level !!, but for improved delineation of responsibilities and co-ordination of international organisations and programmes. • “Programme area for the protection of water resources”: • Calls for “holistic management of resources and a recognition of the interconnectedness of the elements related to freshwaters and freshwater quality” while taking a “catchment management approach”. • Calls for simultaneous treatment of surface and groundwater bodies.

46. Integrated management of water resources should be achieved via: • Preparations of boundaries (river basin approach) for protection, conservation and rational use of all potential sources of water supply. • Water pollution prevention programmes based on: • (i) reduction-at-source measures • (ii) EIA • (iii) Enforceable standards for major point and diffuse sources of pollution. • (iv) International monitoring programmes • (v) Rehabilitation of degraded catchment areas. • (vi) Application of the polluter-pays principle. • (vii) Treatment plants for industrial and domestic effluents together with effluent standards • (viii) Application of the precautionary principle. • Regarding groundwater bodies: • (i) Non-degrading agricultural practices • (ii) Mitigation of saline intrusion • (iii) Establishment of protected areas • (iv) Regulation of abstraction.

47. Regarding aquatic ecosystems : • (i) Rehabilitation of degraded water bodies and agricultural lands • (ii) Conservation and protection of wetlands • (iii) Control of non-indigenous species • Regarding the need for international norms. • (i) to monitor and control pollution in a transboundary context • (ii) to control atmospheric deposition of pollutants affecting water bodies • (iii) to set rules on EIA in a transboundary context. 2.1.2 World Summit on Sustainable Development, Plan of Implementation • Halving by 2015 proportion of the population who do not have access to safe drinking water and basic sanitation. • Intensifying water pollution prevention programmes to reduce health impacts, to protect groundwater bodies, to introduce appropriate technologies and to set national legal frameworks. • To adopt sustainable water use policies and legislation to address water shortages and waste. • To develop by 2005 integrated water resource management plans • To adopt river basin approaches.

48. 2.1.3 Agenda 21, Chapter 17 “Protection of the oceans, all kinds of seas , including enclosed and semi-enclosed seas, coastal areas and the protection, rational use and development of their living resources” • Sets 7 programmes areas. • “Programme area for the integrated management of coastal resources and the coastal environment ”: • Calls for national policies and measures on land use and coastal management • Calls for the establishment of “coastal profiles” • Calls for integrated coastal and marine environment management • Calls for EIA • Calls for improvement wastewater treatment in coastal areas, together with standards on effluents • Calls for protection and restoration of affected coastal habitats.

49. “Programme area on Marine environmental protection ”: • Prioritizes prevention of pollution from land-based sources from which there is no global Convention. It calls for: • Precautionary approach • EIA • Clean production techniques • Sewage treatment facilities • Quality management criteria for hazardous substances management and handling • Reviewing of regional agreements

50. 2.2 Relevant international legal requirements on the protection of freshwaters and marine / coastal waters. 2.2.1 OSPAR (North Sea Atlantic), 1992, Paris. • Covers a.o. the internal waters (up to freshwater limit) and the territorial seas of Contracting Parties (art. 1(a)). • Parties are to take all possible steps: • to prevent and eliminate pollution of the “maritime area” • To conserve marine ecosystems • To restore affected marine areas, when practicable. • To do so, Parties are to apply : • Precautionary principle • Polluter-pays principle • BAT and best environmental practices • Priorities on basis of criteria set in Appendix 2 (i.e. toxicity, bioaccumulation, persistence) • Prior permit or regulation for point sources • Set a system of regular monitoring • Set plans to phase-out substances that are toxic, persistent and liable to bio-accumulate • Set standards on discharge of waste water effluents.