European Parliament legislative resolution on the common position adopted by the Council with a view to the adoption of a European Parliament and Council directive establishing a framework for Community action in the field of water policy (9085/3/1999 – C5-0209/1999 — 1997/0067(COD))
C 339/136 Official Journal of the European Communities EN 29. 11. 2000 Wednesday 16 February 2000 Final provisions Reserves the right not to release the appropriations earmarked in the budgetary reserve for the 41. EQUAL initiative until the Commission has submitted the final programme; * * * Instructs its President to forward this resolution to the Commission and the governments of the 42. Member States. 6. Community action in the field of water policy ***II A5-0027/2000 European Parliament legislative resolution on the common position adopted by the Council with a view to the adoption of a European Parliament and Council directive establishing a framework for Community action in the field of water policy (9085/3/1999 * C5-0209/1999 * 1997/0067(COD)) (Codecision procedure: second reading) The European Parliament, + having regard to the Council common position (9085/3/1999 + C5-0209/1999) (1), + having regard to its position at first reading (2) on the Commission proposal and amended proposals to Parliament and the Council (COM(1997) 49) (3), COM(1997) 614) (4) and COM(1998) 76) (5), + having regard to the Commission’s amended proposal (COM(1999) 271) (6), + having regard to Article 251(2) of the EC Treaty, + having regard to Rule 80 of its Rules of Procedure, + having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Consumer Policy (A5-0027/2000), 1. 2. Amends the common position as follows; Instructs its President to forward its position to the Council and Commission. COMMON POSITION OF THE COUNCIL AMENDMENTS BY PARLIAMENT (Amendment 1) Recital −1 (new) (−1) Water is not a commercial product like any other but, rather, a heritage which belongs to the peoples of the European Union and which must be protected, defended and treated as such; (1) OJ C 343, 30. 11. 1999, p. 1. (2) OJ C 150, 28. 5. 1999, p. 388. (3) OJ C 184, 17. 6. 1997, p. 20. (4) OJ C 16, 20. 1. 1998, p. 14. (5) OJ C 108, 7. 4. 1998, p. 94. (6) OJ C 342, 30. 11. 1999, p. 1. 29. 11. 2000 EN Official Journal of the European Communities C 339/137 COMMON POSITION OF THE COUNCIL Wednesday 16 February 2000 AMENDMENTS BY PARLIAMENT (Amendment 2) Recital 21 (21) Common principles are needed in order to coordinate Member States’ efforts to improve the protection of Commun- ity waters in terms of quantity and quality, to promote sustain- able water use, to contribute to the control of transboundary water problems, to protect aquatic ecosystems, and terrestrial ecosystems and wetlands directly depending on them, and to safeguard and develop the potential uses of Community waters; (21) Common principles are needed in order to coordinate Member States’ efforts to improve the protection of Commun- ity waters in terms of quantity and quality, to promote sustain- able water use, to contribute to the control of transboundary water problems, to protect aquatic ecosystems, and terrestrial ecosystems and wetlands directly depending on them, and arid and semi-arid areas, and to safeguard and develop the poten- tial uses of Community waters; (Amendment 3) Recital 21a (new) (21a) Good water quality will secure the drinking water supply for the population; (Amendment 5) Recital 21b (new) (21b) Coastal fisheries, despite being located outside river basins, should be recognized as being one of the eco- nomic activities most affected by all forms of environmen- tal deterioration within such basins; (Amendment 6) Recital 22 (22) Common definitions of the status of water in terms of quality and, where relevant for the purpose of the environmen- tal protection, quantity should be established; environmental objectives should be set to ensure that good status of surface water and groundwater is achieved at Community level; (22) Common definitions of the status of water in terms of quality and, where relevant for the purpose of the environmen- tal protection, quantity should be established; environmental objectives should be set to ensure that good status of surface water and groundwater is achieved throughout the Commun- ity and that deterioration in the status of waters is avoided at EU level; (Amendment 7) Recital 23a (new) (23a) The ultimate aim is to achieve the complete elimi- nation of all anthropogenic pollutants and no exceedance of background levels for naturally occurring substances; (Amendment 8) Recital 29 (29) The objective of achieving good water status should be pursued for each river basin, so that measures in respect of surface water and groundwaters belonging to the same ecologi- cal and hydrological system are coordinated; (29) The objective of achieving good water status should be pursued for each river and hydrogeological basin, so that measures in respect of surface water and groundwaters belong- ing to the same ecological, hydrological and hydrogeological system are coordinated; C 339/138 Official Journal of the European Communities EN 29. 11. 2000 Wednesday 16 February 2000 COMMON POSITION OF THE COUNCIL AMENDMENTS BY PARLIAMENT (Amendment 9) Recital 38a (new) (38a) There is no natural right to discharge hazardous or radioactive substances into water; scientific and technical progress allows the application of progressively less pol- luting production technologies; (Amendment 10) Recital 39 (39) There is a need to combat pollution through the discharge of various dangerous substances; the Council should, on a proposal from the Commission, agree on the substances to be consid- ered for action as a priority and on specific measures to be taken against pollution of water by those substances, taking into account all significant sources and identifying the cost-effective and proportionate level and combination of controls; (39) Pollution through the discharge, emission or loss of hazardous substances must be eliminated; the European Parliament and the Council should, on a proposal from the Commission, submitted before 1 July 2000 and added to and reviewed at least every three years, agree on the sub- stances to be considered for action as a priority; the European Parliament and the Council should, on proposals from the Commission, adopt measures for the gradual elimination of pollution by those substances, taking into account all sources, with a view to reducing inputs of hazardous sub- stances into the aquatic environment to levels close to zero by 2020; (Amendment 12) Recital 44a (new) (44a) The measures necessary for the implementation of this directive should be adopted in accordance with Coun- cil Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers con- ferred on the Commission (1); (1) OJ L 184, 17. 7. 1999, p. 23. (Amendment 13) Article 1(b) (b) promotes sustainable water use based on a long-term pro- tection of available water resources; (b) promotes sustainable and efficient water use based on a long-term protection of available water resources within a hydrological area or river basin; (Amendment 14) Article 1(ca) (new) (ca) aims at reducing discharges, emissions and losses of hazardous substances into the aquatic environment to levels close to zero by the year 2020 (Amendment 16) Article 2(24), 2nd subparagraph (new) Good surface water chemical status is also the chemical status required to meet the environmental objectives for surface waters established in Article 4(1)(a) to (e). 29. 11. 2000 EN Official Journal of the European Communities C 339/139 COMMON POSITION OF THE COUNCIL Wednesday 16 February 2000 AMENDMENTS BY PARLIAMENT (Amendment 17) Article 2(25) (25) ‘Good groundwater chemical status’ is the status defined (25) in table 2. 3. 2. of Annex V. ‘Good groundwater chemical status’ is the chemical sta- tus of a body of groundwater, which meets all the conditions set out in table 2. 3. 2 of Annex V. (Amendment 19) Article 2(28a) (new) (28a) ‘Hazardous substances’ means (a) substances or groups of substances that are toxic, persistent and liable to bioaccumulate; (b) other substances or groups of substances which are assessed as requiring a similar approach to substances referred to in (a), even if they do not meet all the criteria for toxicity, persistence and bioaccumulation, but give rise to concern. This category includes both substances which work synergistically with other substances to generate such concern, and also substances which do not themselves justify inclusion, but which degrade or transform into substances referred to in (a) or substances which require a similar approach. (Amendment 20) Article 2(28b) (new) (28b) ‘Direct discharge’ means discharge of substances pursuant to Annex VIII into the groundwater without passing through the soil or subsoil. (Amendment 21) Article 2(32) (32) ‘Environmental quality standard’ means the concentra- tion of a particular pollutant or group of pollutants in water, sediment or biota which should not be exceeded in order to protect human health and the environment. (32) ‘Environmental quality standard’ means the concentra- tion of a particular pollutant, group of pollutants or radio- active substances in water, sediment or biota which should not be exceeded in order to protect human health and the environment. (Amendment 22) Article 2(32a) (new) (32a) ‘Combined approach’ means reduction of emis- sions, initially in accordance with best available tech- nologies (BAT), then examination of whether the water quality which is achieved satisfies the environ- mental quality objectives laid down in this Directive and whether further measures over and above BAT are needed. C 339/140 Official Journal of the European Communities EN 29. 11. 2000 Wednesday 16 February 2000 COMMON POSITION OF THE COUNCIL AMENDMENTS BY PARLIAMENT (Amendment 23) Article 3(4) 4. Member States shall ensure that the requirements of this Directive for the achievement of the environmental objectives established under Article 4, and in particular all programmes of measures are coordinated for the whole of the River Basin Dis- trict. For international River Basin Districts the Member States concerned shall the request of the Member States involved, the Commission shall act to facilitate the establishment of the programmes of mea- sures. together ensure this coordination. At 4. Member States shall ensure that the requirements of this Directive for the achievement of the environmental objectives established under Article 4, and in particular all programmes of measures are coordinated for the whole of the River Basin Dis- trict. For international River Basin Districts the Member States concerned shall the request of the Member States involved, the Commission shall act to facilitate the establishment of the programmes of mea- sures. In the case of river basins which extend over inter- national boundaries, priority must be given to maintaining the structures stemming from existing international agree- ments. together ensure this coordination. At (Amendment 24) Article 4(1), introductory phrase and (a) 1. Member States shall aim to achieve the objectives of: (a) preventing deterioration of ecological status and pollution of sur- face waters and restoring surface waters, with the aim of achieving good surface water status or, for heavily modified and artificial bodies, good ecological potential and good surface water chemical status, at the latest 16 years after the date of entry into force of this Directive, in all bodies of surface water, in accordance with the provisions laid down in Annex V, subject to the application of extensions deter- mined in accordance with paragraph 3 and to the applica- tion of paragraphs 4, 5 and 6 and without prejudice to the relevant international agreements referred to in Article 1 for the parties concerned, 1. Member States shall ensure that the River Basin Man- agement authorities make operational the programmes of measures specified in the River Basin Management Plans. Member States shall: (a) protect, enhance and restore all surface waters, with the aim of achieving good surface water status at the latest 10 years after the date of entry into force of this Directive, in all bodies of surface water, in accordance with the pro- visions laid down in Annex V, subject to the application of extensions determined in accordance with paragraph 3 and to the application of paragraphs 4, 5 and 6 and without prejudice to the relevant international agreements referred to in Article 1 for the parties concerned, (aa) gradually eliminate pollution of waters by continu- ously reducing discharges, emissions and losses of hazardous substances, thereby moving towards the target of their cessation by 31 December 2020, (ab) prevent deterioration of the status of all surface including heavily modified and artificial waters, bodies of water, from the date of entry into force of this Directive, subject to the application of paragraphs 5 and 6, (ac) prevent deterioration of the ecological potential and surface water chemical status of heavily modified and artificial bodies of water, and (ad) protect and enhance heavily modified and artificial bodies of water, with the aim of achieving good eco- logical potential and good surface water chemical sta- tus at the latest 10 years after the date of entry into force of this Directive, in all such bodies of water, in accordance with the provisions laid down in 29. 11. 2000 EN Official Journal of the European Communities C 339/141 COMMON POSITION OF THE COUNCIL Wednesday 16 February 2000 AMENDMENTS BY PARLIAMENT Annex V, subject to the application of extensions determined in accordance with paragraph 3 and to the application of paragraphs 5 and 6. (Amendment 25) Article 4(1)(b) (b) preventing deterioration of groundwater status, restoring bodies of groundwater, and ensuring a balance between abstraction and recharge of groundwater, with the aim of achieving good groundwater status in all bodies of groundwater, in accordance with the provisions laid down in Annex V, at the latest 16 years after the date of entry into force of this Directive and reversing any significant and sustained upward trend in the concentration of any pollutant result- ing from the impact of human activity, subject to the application of extensions determined in accordance with paragraph 3 and to the application of paragraphs 4, 5 and 6; (b) prevent deterioration of the quantitative and chemical status of groundwater, (ba) (bb) (bc) restore polluted bodies of groundwater, and ensure a balance between abstraction and recharge of groundwater, avoid the input of anthropogenic pollutants, subject to the application of Article 11(3)(g) and reduce to an absolute minimum the pollution of groundwater by diffuse inputs, in particular from agri- cultural activities, using the combined approach pur- suant to Article 11, with the aim of achieving for all bodies of groundwater, within 10 years from the date of entry into force of this Directive, subject to the application of extensions determined in accordance with paragraph 3 and to the application of paragraphs 4, 5, 6 and 7, at least insignificantly anthropogenically polluted groundwater status, in accordance with the provisions laid down in Annex V, and a reversal of any significant and sustained upward trend in the concentration of any pollutant result- ing from the impact of human activity which is over half the level of the quality standard pursuant to Annex V; (Amendment 26) Article 4(1)(c) and concluding phrase (c) achieving compliance with any standards and objectives relating to Protected Areas, at the latest 16 years after the date of entry into force of this Directive, unless otherwise specified in the Community legislation under which the individual Protected Areas have been established, through phased implementation of measures taken under Article 11. (c) achieve compliance with any standards and objectives relating to Protected Areas, at the latest 10 years after the date of entry into force of this Directive, unless otherwise specified in the Community legislation under which the individual Protected Areas have been established. (Amendment 78) Article 4(3) 3. The deadlines established under points (a) and (b) of para- graph 1 may be extended for the purposes of phased achievement of the objectives under paragraph 1 for bodies of water when all the following conditions are met: 3. The deadlines established under points (a) and (bc) of paragraph 1 may be extended for bodies of water when all the following conditions are met: (a) Member States determine that all necessary improvements reasonably be in the status of bodies of water cannot achieved within the timescales set out in that paragraph, (a) Member States determine that all necessary improvements in the status of bodies of water cannot be achieved within the timescales set out in that paragraph for the following reasons: C 339/142 Official Journal of the European Communities EN 29. 11. 2000 Wednesday 16 February 2000 COMMON POSITION OF THE COUNCIL AMENDMENTS BY PARLIAMENT * the scale of improvements required can, for rea- sons of techical feasibility, only be achieved in phases exceeding the timescale, * completing the improvements within the time- scale would be disproportionately expensive, * natural conditions do not allow rapid improve- ments in the status of the body of water, the extension of the deadline, and the reasons for it, are specifically set out and explained in the River Basin Man- agement Plan required under Article 13, extensions are limited to periods which do not exceed the period covered by 3 further updates of the River Basin Management Plan except in cases where the natural condi- the objectives cannot be achieved tions are such that within this period. Other than in these latter cases, a request for the second extension must be submitted to the Commission, which shall take a decision on such request within 3 months, (b) (c) (d) a summary of the measures required under Article 11 which are envisaged as necessary to bring the bodies of water progressively to the required status by the extended deadline, the reasons for any delay in making these measures operational, and the expected timetable for their implementation are set out in the River Basin Man- agement Plan. A review of the implementation of these measures and a summary of any additional measures shall be included in updates of the River Basin Management Plan. (b) (c) the extension of the deadline, and the reasons for it, are specifically set out and explained in the River Basin Man- agement Plan required under Article 13, extensions are limited to periods which do not exceed the period covered by 3 further updates of the River Basin Management Plan except in cases where the natural condi- the objectives cannot be achieved tions are such that within this period. Other than in these latter cases, a request for the third extension must be submitted to the Commission, which shall take a decision on such request within 3 months, (d) a summary of the measures required under Article 11 which are envisaged as necessary to bring the bodies of water progressively to the required status by the extended deadline and the expected timetable for their implementa- tion are set out in the River Basin Management Plan. A review of the implementation of these measures and a summary of any additional measures shall be included in updates of the River Basin Management Plan. (Amendment 30) Article 4(4) 4. Member States may aim to achieve less stringent environ- mental objectives than those required under paragraph 1(a) and (b) for specific bodies of water when both the following condi- tions are met: 4. Member States may aim to achieve less stringent environ- mental objectives than those required under paragraph 1(a) to (ad) and (b) to (bc) for specific bodies of surface water and groundwater when all the following conditions are met: (a) Member States determine that the body of water is so affected by human activity or its natural condition is such that improvements in status would be infeasible or unreason- ably expensive; and (a) Member States determine that, for groundwater level and/or groundwater qualitative status, following the methodology set out in Annex V, sections 2. 3 and the body of water is so 2. 4 and for surface water, affected by past human activity or its natural condition is such that achievement of the objectives required under paragraph 1(a) to (ad) and (b) to (bc) would be infeasible or disproportionately expensive, (aa) the environmental and social needs served by the existing characteristics of the body of water cannot be satisfied by other means which are a better practi- cal environmental option, 29. 11. 2000 EN Official Journal of the European Communities C 339/143 COMMON POSITION OF THE COUNCIL Wednesday 16 February 2000 AMENDMENTS BY PARLIAMENT (b) the establishment of less stringent environmental objec- tives, and the reasons for it, are specifically mentioned in the River Basin Management Plan required under Article 13 and those objectives are reviewed every 6 years. (b) the establishment of less stringent environmental objec- tives, and the reasons for it, are specifically mentioned in the River Basin Management Plan required under Article 13 and those objectives are reviewed every 6 years; (ba) Member States ensure that + for surface waters, the highest ecological and che- mical status possible is achieved, given the una- voidable impacts due to the nature of past human activity and past pollution, * for groundwaters, the least changes to quantita- tive and chemical status possible are made, given the unavoidable impacts due to the nature of the modification or past pollution, and * no further deterioration in the status of bodies of surface water or groundwater occurs. (Amendment 31) Article 4(4a) (new) 4a. Member States may designate a body of surface water as artificial or heavily modified, where making the improvements needed to achieve good ecological status would have significant adverse effects on (i) the wider environment, (ii) navigation or recreation, (iii) activities for the purposes of which water is stored, such as drinking water supply, power generation or irrigation, (iv) water regulation, flood protection or land drainage and other similar purposes, (v) the extraction of raw materials, and where * the beneficial objectives served by the artificial or modified characteristics of the body of water cannot be achieved by other means which are a better practi- cal environmental option, and * modifications are such that they allow the best prac- ticable approximation to ecological continuum, in par- ticular with respect to migration of fauna and appro- priate spawning and breeding grounds. Designation of a body of water as artificial or heavily modified and the reasons for this designation must be spe- cifically mentioned in the River Basin Management Plan required under Article 13 and updated every six years. C 339/144 Official Journal of the European Communities EN 29. 11. 2000 Wednesday 16 February 2000 COMMON POSITION OF THE COUNCIL AMENDMENTS BY PARLIAMENT (Amendments 33 and 84) Article 4(5) 5. Deterioration in the status of bodies of water shall not be in breach of the requirements of this Directive if this is the result of unforeseen or exceptional circumstances, in particular floods and droughts, when all of the following conditions have been met: 5. Temporary deterioration in the status of bodies of water shall not be in breach of the requirements of this Directive if this is the result of unforeseeable or exceptional circum- stances due to natural causes or force majeure, in particular untypically extreme floods and untypically prolonged droughts, when all of the following conditions have been met: (a) all practicable steps are taken with the aim of preventing further deterioration in status and in order not to compro- mise the achievement of the objectives of this Directive in other bodies of water not affected by those circumstances, (a) all practicable steps are taken to prevent further deteriora- tion in status and in order not to compromise the achieve- ment of the objectives of this Directive in other bodies of water not affected by those circumstances, (b) (c) (d) the conditions under which such unforeseen or exceptional circumstances may be declared, including the adoption of the appropriate indicators, are stated in the River Basin Management Plan, the measures to be taken under such exceptional circum- stances are included in the programme of measures and will not compromise the recovery of the quality of the body of water once the circumstances are over, the effects of the unforeseen or exceptional circumstances are reviewed annually and, for situations other than floods and droughts, any practicable measures are taken with the aim of restoring the body of water to its status prior to the effects of those circumstances as soon as reasonably practicable, and (b) (c) (d) the conditions under which such unforeseeable or excep- tional circumstances may be declared, including the adop- tion of the appropriate indicators, are stated in the River Basin Management Plan, the measures to be taken under such exceptional circum- stances are included in the programme of measures and will not compromise the recovery of the quality of the body of water once the circumstances are over, the effects of the unforeseeable or exceptional circum- stances are reviewed annually, and all practicable measures are taken with the aim of restoring the body of water to its status prior to the effects of those circumstances as soon as reasonably practicable, and (e) a summary of the effects of the circumstances and of the measures taken or to be taken in accordance with para- graphs (a) and (d) are included in the next update of the River Basin Management Plan. (e) a summary of the effects of the circumstances and of the measures taken or to be taken in accordance with para- graphs (a) and (d) are included in the next update of the River Basin Management Plan. (Amendment 34) Article 4(6)(b) (b) the reasons for the modifications are specifically set out and explained in the River Basin Management Plan required under Article 13 and the objectives are reviewed every six years. (b) the reasons for the modifications or alterations are speci- fically set out and explained in the River Basin Manage- ment Plan required under Article 13 and the objectives are reviewed every six years, (ba) the reasons for modification are of overriding public interest and/or the benefits to the environment and to society of achieving the objectives set out in para- graph 1 are outweighed by the benefits of the new modifications or alterations to human health, the maintenance of human safety or to sustainable development of the local area in which the body of water is located, and (bb) the beneficial objectives served by the new modifi- cations or alterations of the body of water cannot be achieved by other means which are a better practical environmental option. 29. 11. 2000 EN Official Journal of the European Communities C 339/145 COMMON POSITION OF THE COUNCIL Wednesday 16 February 2000 AMENDMENTS BY PARLIAMENT (Amendment 35) Article 4(7) 7. When applying paragraphs 3, 4, 5 and 6, a Member State shall ensure that the application does not compromise the achievement of the objectives of this Directive in other bodies of water within the same River Basin District and is consistent with the implementation of other Community environmental legislation. 7. When applying paragraphs 3, 4, 5 and 6, a Member State the application does not permanently shall ensure that exclude or compromise the achievement of the objectives of this Directive in other bodies of water within the same River Basin District and is consistent with the implementation of other Community environmental legislation. (Amendment 36) Article 5 Characteristics of the River Basin District, Review of the environ- mental impact of human activity and Economic Analysis of water use Characteristics of the River Basin District 1. Each Member State shall ensure that for each River Basin Dis- trict or for the portion of an international River Basin District falling within its territory: 2 an analysis of its characteristics, 2 a review of the impact of human activity on the status of surface waters and on groundwater, and 2 an economic analysis of water use is undertaken according to the technical specifications set out in Annexes II and III and that it is completed at the latest 5 years after the date of entry into force of this Directive. 1. Member States shall ensure that an analysis of the characteristics of each River Basin District is undertaken, to be completed at the latest five years after the entry into force of this directive. This analysis shall cover the follow- ing aspects: (a) the geographical and geological characteristics of the River Basin District; (b) the hydrographical characteristics of the River Basin (c) District, the demographic characteristics of the River Basin District, (d) the land use and economic activity within the River Basin District, (e) existing dams and reservoirs, indicating whether these are installations for the supply of energy, drinking water or for multi-purpose use, and the ecological characteristics and current biodiversity in the River Basin District. (f) 2. The analyses and reviews mentioned under paragraph 1 shall be reviewed, and if necessary updated at the latest 13 years after the date of entry into force of this Directive and every six years thereafter. 2. The analysis shall be reviewed, and if necessary updated at the latest 13 years after the date of entry into force of this Directive and every six years thereafter. (Amendment 39) Article 5a (new) Article 5a Cost-benefit study Within five years from the date of implementation of this Directive, the Commission, with the assistance of the appropriate authorities in the Member States, shall carry out a cost-benefit study for the purpose of determining the amount of investment that has been required for the implementation of this Directive. C 339/146 Official Journal of the European Communities EN 29. 11. 2000 Wednesday 16 February 2000 COMMON POSITION OF THE COUNCIL AMENDMENTS BY PARLIAMENT 1. Member States shall identify, within each River Basin Dis- trict: 1. Member States shall area and River Basin District: identify, within each hydrological (Amendment 40) Article 7(1), introduction (Amendment 41) Article 7(2) 2. For each body of water identified under paragraph 1, in addition to meeting the objectives of Article 4 in accordance with the requirements of for surface water bodies including the quality standards established at Commun- ity level under Article 16, Member States shall ensure that under the water treatment regime applied, and in accordance with Commun- ity legislation, the resulting water will meet the requirements of Directive 80/778/EEC as amended by Directive 98/83/EC. this Directive, this Directive, 2. For each body of water identified under paragraph 1, in addition to meeting the objectives of Article 4 in accordance with the requirements of for surface water bodies including, as a minimum, the quality standards estab- lished at Community level under Article 16 and Annex V, Member States shall ensure that the least intensive purifica- tion treatment possible is sufficient to attain drinking water quality and to meet the requirements of Directive 80/ 778/EEC as amended by Directive 98/83/EC. (Amendment 42) Article 8(1), indents and (2) + for surface waters such programmes shall cover monitor- ing of the ecological and chemical status, + for groundwaters such programmes shall cover monitoring of the chemical and quantitative status, + for surface waters such programmes shall cover quantita- tive monitoring of the volume and level of rate of flow and the ecological and chemical status, + for groundwaters such programmes shall cover monitoring of the chemical, qualitative and quantitative status based on measurement of the chemical and biological condi- tion of the water, + for protected areas the above programmes shall be supple- mented by those specifications contained in Community legislation under which the individual protected areas have been established. + for protected areas the above programmes shall be supple- mented by those specifications contained in Community legislation under which the individual protected areas have been established. These programmes shall be operational at 2. the latest 7 years after the date of entry into force of this Directive unless otherwise specified in the legislation concerned. Such monitor- ing shall be in accordance with the requirements of Annex V. These programmes shall be operational at 2. the latest 6 years after the date of entry into force of this Directive unless otherwise specified in the legislation concerned. Such monitor- ing shall be in accordance with the requirements of Annex V. 2a. The technical specifications shall include the use of standardised methods for analysing and monitoring qual- ity recognised by all the Member States. (Amendment 43) Article 9(1) 1. Member States shall take account of the principle of recovery of the costs of water services, including environmental and resource costs, having regard to the economic analysis conducted accord- ing to Annex III, and in accordance in particular with the polluter pays principle. Member States may in doing so have regard to the social, environmental and economic effects of the recovery as well as the geographic and climatic conditions of the region or regions affected. 1. Member States shall ensure by 2010: * that water pricing policies provide adequate incen- tives for users to use water resources efficiently, and thereby contribute to the environmental objectives of this Directive; * an adequate contribution of the different economic sectors, disaggregated at least into industry, house- 29. 11. 2000 EN Official Journal of the European Communities C 339/147 COMMON POSITION OF THE COUNCIL Wednesday 16 February 2000 AMENDMENTS BY PARLIAMENT holds and agriculture, to the recovery of the costs of water services, based on the economic analysis conducted according to Annex III and taking account of the polluter pays principle. In doing so, Member States may have regard to related social and economic effects, as well as the geographic and climatic conditions of the region or regions affected. (Amendment 85) Article 9(2) 2. Member States shall report in the River Basin Manage- ment Plans on the practical steps and measures taken to apply this principle. 2. Member States shall report in the River Basin Manage- ment Plans on the planned steps towards implementing a pricing policy which helps ensure that the environmental objectives of this Directive are met, and on the contribu- tion made by the various economic sectors to the recov- ery of all the costs of water services. (Amendment 46) Article 9(3a) (new) 3a. Member States shall establish timetables for the full application of the provisions of this Article. Details of such timetables shall be included in the River Basin Man- agement Plans required under Article 13. (Amendment 47) Article 10(1) and (2), first part 1. Member States shall ensure that relevant discharges subject to control as specified under paragraph 2 are controlled according to the approach set out in this Article. 1. Member States shall restrict all discharges into bodies of water according to the combined approach set out in this Article. For substances listed in Annex X the European Parliament and Council, on a proposal from the Commi- ssion, shall set Community-wide uniform discharge limit values (emissions standards). Further measures shall be taken when the restriction of discharge on the basis of current technology is not sufficient to satisfy the water quality objectives pursuant to Article 4. 2. Member States shall ensure the establishment and/or implementation of: 2. Member States shall ensure the establishment and/or implementation of: (a) the emission controls based on Best Available Techniques; or (a) the emission controls based on Best Available Techniques; or (b) the relevant emission limit values; or (b) the relevant emission limit values; or (c) in the case of diffuse impacts the controls including, as appropriate, Best Environmental Practices; set out in: (c) in the case of diffuse impacts the controls including, as appropriate, Best Environmental Practices, as appropriate, using the approaches set out in: C 339/148 Official Journal of the European Communities EN 29. 11. 2000 Wednesday 16 February 2000 COMMON POSITION OF THE COUNCIL AMENDMENTS BY PARLIAMENT (Amendments 48 and 86) Article 11(1) 1. Each Member State shall ensure the establishment for each River Basin District, or for the part of an International River Basin District within its territory, of a programme of measures, taking account of the results of the analyses required under Article 5, with the aim of moving progressively towards achieving the objectives established under Article 4. Where appropriate, a Member State may adopt measures applicable to all River Basin Districts and/or the portions of International River Basin Districts falling within its territory. 1. Each Member State shall ensure the establishment for each River Basin District, or for the part of an International River Basin District within its territory, of a programme of measures, taking account of the results of the analyses required under Article 5, designed to achieve the objectives established under Articles 1 and 4. Where appropriate, a Member State may adopt measures in the form of legal or administrative provisions or contracts applicable to all River Basin Districts and/or the portions of International River Basin Districts falling within its territory. (Amendment 87) Article 11(3)(d) (d) controls over the abstraction of fresh surface water and groundwater, and impoundment of fresh surface water, including a register or registers of water abstractions and a requirement of prior authorisation for abstraction and impoundment. These shall be periodically controls reviewed and, where necessary, updated. Member States can exempt from these controls, abstractions or impoundments which have no significant impact on water status; (d) controls over the abstraction of fresh surface water and groundwater, and impoundment of fresh surface water, including a register or registers of water abstractions and a requirement of prior authorisation for abstraction and impoundment, and, where abstraction may have an impact on water status, a requirement for an environ- mental impact assessment. These controls shall be peri- odically reviewed and, where necessary, updated, (da) a requirement to implement measures for more effi- cient use of water in all water-use sectors if water demand exceeds the quantity sustainably available within a river basin, particularly by application of best available water-saving and recycling technology, (db) in cases where an adequate supply of wholesome drinking water cannot be secured, a requirement to empower the competent local authority to reallocate water from uses in other water-use sectors, (dc) a requirement for prior authorisation of artificial recharge of groundwater aquifers; (Amendment 88) Article 11(3)(fa) (new) (fa) measures to progressively reduce emissions into sur- face waters by continuously reducing discharges, emissions, and losses of hazardous substances; (Amendment 53) Article 11(3)(ia) (new) (ia) any measures required to achieve good ecological potential for bodies of water designated as artificial or heavily modified. 29. 11. 2000 EN Official Journal of the European Communities C 339/149 COMMON POSITION OF THE COUNCIL Wednesday 16 February 2000 AMENDMENTS BY PARLIAMENT (Amendment 54) Article 11(5), 1st subparagraph 5. Where monitoring or other data indicate that the objec- tives set under Article 4 for the body of water are unlikely to be achieved, the Member State shall ensure that: 5. Where monitoring or other data indicate that the objec- tives set under Article 4 for the body of water are unlikely to be achieved, the Member State shall ensure: 2 the causes of the possible failure are investigated, and 2 such additional measures as may be practicable in order to achieve those objectives are established. (a) investigation of the causes of the body of water failing to achieve the environmental objectives, including consideration of the hydromorphological and phy- sico-chemical condition of the body of water, (b) more intensive monitoring of the extent and nature of any pollution within the body of water, and of any human alterations to the natural hydromorphological condition of the body of water, (c) establishment of environmental quality standards for surface waters for any pollutants thus identified, designed to ensure that the objective set pursuant to Article 4 in respect of ecological status is achieved at the latest 10 years after the entry into force of this Directive. These standards must be at least as strin- gent as the standards established in Annex IX or pur- suant to Article 16(5) or in other relevant Community legislation, (d) immediate review of all relevant authorisations and discharge permits followed by action on the basis of the level of risk involved, (e) establishment of measures to ensure that the hydro- morphological condition of the body of water is such as to ensure the achievement of the objectives set under Article 4 in respect of ecological status. (Amendment 55) Article 11(7) and (8) 7. The programmes of measures shall be established at the latest 10 years after the date of entry into force of this Direc- tive and all the measures shall be made operational at the latest 13 years after that date. 7. The programmes of measures shall be established at the latest four years after the date of entry into force of this Direc- tive and all the measures shall be made operational at the latest seven years after that date. 8. The programmes of measures shall be reviewed, and if necessary updated at the latest 16 years after the date of entry into force of this Directive and every six years thereafter. Any new or revised measures established under an updated programme shall be made operational within three years of their establishment. 8. The programmes of measures shall be reviewed, and if necessary updated at the latest 10 years after the date of entry into force of this Directive and every six years thereafter. Any new or revised measures established under an updated programme shall be made operational within three years of their establishment. (Amendment 56) Article 13(1) 1. Member States shall ensure that a River Basin Manage- ment Plan is produced for each River Basin District lying entirely within their territory. 1. Member States shall ensure that a River Basin Manage- ment Plan is produced and implemented for each River Basin, in Articles 1 and 4. in order to achieve the objectives set out C 339/150 Official Journal of the European Communities EN 29. 11. 2000 Wednesday 16 February 2000 COMMON POSITION OF THE COUNCIL AMENDMENTS BY PARLIAMENT (Amendment 57) Article 13(6) and (7) 6. River Basin Management Plans shall be published at the latest 10 years after the date of entry into force of this Direc- tive. 6. River Basin Management Plans shall be published at the latest six years after the date of entry into force of this Direc- tive. 7. River Basin Management Plans shall be reviewed and updated at the latest 16 years after the date of entry into force of this Directive and every six years thereafter. 7. River Basin Management Plans shall be reviewed and updated at the latest 10 years after the date of entry into force of this Directive and every six years thereafter. (Amendment 58) Article 16(1) The Council shall adopt specific measures against pollu- 1. tion of water by individual pollutants or groups of pollutants presenting an unacceptable risk to or via the aquatic environ- ment, including such risks to waters used for the abstraction of drinking water. Such measures shall be adopted acting on the proposals presented by the Commission in accordance with the procedures laid down in the Treaty. The European Parliament and the Council shall adopt 1. specific measures against pollution of water by individual pol- lutants or groups of pollutants presenting an unacceptable risk to or via the aquatic environment, including such risks to waters used for the abstraction of drinking water. These mea- sures shall be aimed at preventing the pollution of water by continuously reducing discharges, emissions and losses of hazardous substances, thus moving towards the target of their cessation by 31 December 2020. Such measures shall be adopted on the basis of proposals presented by the Commission in accordance with the procedures laid down in the Treaty. (Amendment 93) Article 16(4) 4. For the substances on the priority list, the Commission shall submit proposals for controls on the principal sources of the emissions concerned. In doing so it shall take account of both point and diffuse sources and shall identify the costeffective and proportionate level and combination of product controls and emission limit values for process controls. Where appropriate, action at Community level for process controls may be established on a sector-by-sector basis. Where product controls include a review of the relevant authorisations issued under Directive 91/414/ EEC and Directive 98/8/EC, such reviews shall be carried out in accordance with the provisions of those Directives. Each proposal their for controls shall specify arrangements for review, updating and for assessment of their effectiveness. 4. For the substances on the priority list, the Commission shall submit proposals for the continuous reduction of the discharges, emissions and losses concerned one year after each new triennial list, or more frequently, as appropriate. In doing so it shall take account of both point and diffuse sources and aim at reducing discharges, emissions and losses to levels close to zero by 31 December 2020. The Commission shall make proposals on this basis for Community-wide uniform emission standards. Where appropriate, action at Community level may be established on a sector-by-sector basis. Where product controls include a review of the relevant authorisations issued under Directive 91/414/EEC and Directive 98/8/EC, such reviews shall be car- ried out in accordance with the provisions of those Directives. Each proposal for controls shall specify arrangements for their review, updating and for assessment of their effectiveness. The Commission shall establish by 30 June 2000 a 4a. target list of substances which are potentially hazardous on the basis of their chemical, physical and biological properties. Substances for which such a hazard character- isation is not feasible due to a lack of relevant data shall be listed in a separate list of data-deficient substances. 29. 11. 2000 EN Official Journal of the European Communities C 339/151 COMMON POSITION OF THE COUNCIL Wednesday 16 February 2000 AMENDMENTS BY PARLIAMENT Both lists shall be annexed to this Directive as Parts A and B of Annex X. 4b. For data-deficient potentially hazardous substances, the Commission shall request the producer, trader and/or professional user to supply the standard data set of chemi- cal, physical and biological properties. Potentially hazar- dous substances for which no standard data set has been supplied three years after the date of entry into force of this Directive shall be regarded as potentially hazardous substances and added to the target list. (Amendment 61) Article 16(6) The Commission shall submit proposals, in accordance with 6. paragraphs 4 and 5, and at least for emission controls for point sources and environmental quality standards within two years of the inclusion of the substance concerned on the priority list. For substances included in the first priority list, in the absence of agreement at Community level seven years after the date of entry into force of this Directive, Member States shall establish environmental quality standards for these substances for all surface waters affected by discharges of those substances and controls on the principal sources of such discharges, based inter alia on consideration technical reduction options. For substances subsequently of all in the absence of agreement at included in the priority list, Community level, Member States take such action five years after the date of inclusion in the list. shall The Commission shall submit proposals within two years 6. of the inclusion of the substance concerned on the priority list. For substances included in the first priority list, in the absence of agreement at Community level four years after the date of entry into force of this Directive, Member States shall establish measures for the continuous reduction of the emissions, discharges and losses concerned thereby aiming at their cessation by 31 December 2020. For substances subse- quently included in the priority list, in the absence of agree- ment at Community level, Member States shall take such action two years after the date of inclusion in the list. (Amendment 63) Article 20(1) 1. The Commission shall be assisted by a regulatory com- mittee composed of the representatives of the Member States and chaired by the representative of the Commission. 1. The Commission shall be assisted by a regulatory com- mittee as referred to in Article 5 of Decision 1999/468/ EC. Articles 7 and 8 of that Decision shall apply. The period laid down in Article 5(6) of the Decision shall be three months. The Committee shall adopt its own rules of procedure. (Amendment 64) Article 21(−1) (new) Before the legislative measures −1. referred to in paragraphs 1 and 2 are repealed steps must be taken to ensure that the new provisions guarantee at least the same level of protection. C 339/152 Official Journal of the European Communities EN 29. 11. 2000 Wednesday 16 February 2000 COMMON POSITION OF THE COUNCIL AMENDMENTS BY PARLIAMENT (Amendment 65) Annex II, 1(6) 1. 6. Designation of Artificial and Heavily Modified bodies Deleted Member States may designate a body of surface water as artificial or heavily modified where making changes to artificial or modified char- acteristics of that body would affect: (i) the wider environment, (ii) navigation or recreation, (iii) activities for the purposes of which water is stored (for example, power generation, drinking-water supply), (iv) water regulation, flood protection, irrigation or land drainage, (v) human development. (Amendment 67) Annex II, 2(3), indents + the location of points in the groundwater body used for the abstraction of water intended for human consumption providing more than an average of 10 m3 per day or ser- ving more than 50 persons, + the location of points in the groundwater body used for the abstraction of water, with the exception of points for the abstraction of water intended for human con- sumption providing less than an average of 10 m3 per day or serving fewer than 50 persons, + the annual average rates of abstraction from such points, + the annual average rates of abstraction from such points, + the chemical composition of water abstracted from the + the chemical composition of water abstracted from the groundwater body, groundwater body, + the location of points in the groundwater body into which + the location of points in the groundwater body into which water is directly discharged, water is directly discharged, + the rates of discharge at such points, + the rates of discharge at such points, + the chemical composition of discharges to the ground- + the chemical composition of discharges to the ground- water body, and water body, and + land use in the catchment or catchments from which the groundwater body receives its recharge, including anthro- pogenic alterations to the recharge characteristics such as rainwater and run-off diversion through land sealing, arti- ficial recharge, damming or drainage. + land use in the catchment or catchments from which the groundwater body receives its recharge, including pollu- tant inputs and anthropogenic alterations to the recharge characteristics such as rainwater and run-off diversion through land sealing, artificial recharge, damming or drai- nage. (Amendment 91) Annex II, 2(4)(iia) (new) (iia) extraction of raw materials, 29. 11. 2000 EN Official Journal of the European Communities C 339/153 COMMON POSITION OF THE COUNCIL Wednesday 16 February 2000 AMENDMENTS BY PARLIAMENT (Amendment 69) Annex II, 2(4a) (new) 2. 4a. Review of the Impact of Past Pollution on Ground- water Quality Member states shall also identify those bodies of ground- water for which lower objectives are to be specified under Article 4(4) because as a result of past human activ- ity the body of groundwater is so polluted that achieving an insignificantly anthropogenically polluted status is infeasible or disproportionately expensive. (Amendment 92) Annex V, 2. 3. 2, table Elements General Good status The chemical composition of the groundwater body is such that the concentrations of pollu- tants: + as specified below, do not exhibit the effects of saline or other intrusions, + do not exceed the quality standards applic- able under other relevant Community legis- lation, + are not such as would result in failure to achieve the environmental objectives speci- fied under Article 4 for associated surface waters nor any significant diminution of the ecological or chemical quality of such bodies nor in any significant damage to terrestrial ecosystems which depend directly on the groundwater body. Conductivity Changes in conductivity are not indicative of sal- ine or other intrusion into the groundwater body. Elements General Good status The chemical composition of the groundwater body is such that the concentrations of pollu- tants: + as specified below, do not exhibit the effects of saline or other intrusions, + do not exceed the quality standards applic- able to anthropogenic pollution under other relevant Community legislation, including Directives 91/676/EEC, 97/57/ EC and 98/83/EC, + are not such as would result in failure to achieve the environmental objectives speci- fied under Article 4 for associated surface waters nor any significant diminution of the ecological or chemical quality of such bodies nor in any significant damage to terrestrial ecosystems which depend directly on the groundwater body. Conductivity Changes in conductivity are not indicative of sal- ine or other intrusion into the groundwater body. (Amendment 94) Annex V, 2. 4. 5, 1st subparagraph In assessing status, the results of individual monitoring points within a groundwater body shall be aggregated for the body as a whole. Without prejudice to the Directives concerned, for good status to be achieved for a groundwater body, for those chemi- cal parameters for which environmental quality standards have been set in Community legislation: In assessing status, the results of individual monitoring points within a groundwater body shall be viewed as being for the body as a whole. Without prejudice to the Directives con- cerned, for good status to be achieved for a groundwater body, for those chemical parameters for which environmental quality standards have been set in Community legislation: + the mean value of the results of monitoring at each point in the groundwater body or group of bodies shall be calcu- lated, and + the mean value of the results of monitoring at each repre- in the groundwater body sentative monitoring point shall be calculated, and C 339/154 Official Journal of the European Communities EN 29. 11. 2000 Wednesday 16 February 2000 COMMON POSITION OF THE COUNCIL AMENDMENTS BY PARLIAMENT + the mean value of these calculations for all monitoring points in the groundwater body or group of bodies shall demonstrate com- pliance with those standards in the manner prescribed in the rele- vant Directive. + these calculations shall be the basis for establishing that, for the bodies of water concerned, the environ- mental quality standards are considered to be com- plied with when 70 % of these mean values are in accordance with the values laid down in the Direc- tives (91/676/EEC, 97/57/EC and 98/83/EC). (Amendment 75) Annex VII, 7a (new) 7a. a summary of the measures taken under Article 11(5) for bodies of water which are unlikely to achieve the objectives set out under Article 4 (Amendment 76) Annex VIII, 9a (new) 9a. Man-made radioactive substances. (Amendment 77) Annex VIII, 10 10. Materials in suspension. 10. Materials in suspension in so far as they have harmful effects on water. 7. Modernising social protection A5-0033/2000 European Parliament resolution on the communication from the Commission on a concerted strat- egy for modernising social protection ((COM(1999) 347 * C5-0253/1999 * 1999/2182(COS)) The European Parliament, + having regard to the Commission’s communication on a concerted strategy for modernising social protection (COM(1999) 347 + C5-0253/1999), + having regard to the Commission’s report on social protection in Europe 1997 (COM(1998) 243 + C4-0375/1998), + having regard to its resolution of 19 February 1997 on the Commission communication + The future of social protection: a framework for a European debate and the report from the Commission on social protection in Europe 1995 (1), + having regard to its resolution of 6 November 1997 on the Commission communication on moder- nising and improving social protection in the European Union (2), + having regard to its resolution of 18 November 1998 on the Commission communication on a social action programme 1998-2000 (3), (1) OJ C 85, 17. 3. 1997, p. 63. (2) OJ C 358, 24. 11. 1997, p. 51. (3) OJ C 379, 7. 12. 1998, p. 87