Common Position (EC) No 41/1999 of 22 October 1999 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Directive of the European Parliament and of the Council establishing a framework for Community action in the field of water policy
30. 11. 1999 EN Official Journal of the European Communities C 343/1 I (Information) COUNCIL COMMON POSITION (EC) No 41/1999 adopted by the Council on 22 October 1999 with a view to the adoption of a Directive 1999/ /EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy (1999/C 343/01) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of Committee (2), the Economic and Social Having regard to the opinion of Regions (3), the Committee of the Acting in accordance with the procedure laid down in Article 251 of the Treaty (4), Whereas: (1) (2) conclusions of the Community Water Policy the Ministerial Seminar in Frankfurt in 1988 highlighted the need for Community legislation covering ecological quality; the Council in its Resolution of 28 June 1988 (5) asked the Commission to submit proposals to improve ecological quality in Community surface waters; declaration the on groundwater held at The Hague in 1991 recognised the the Ministerial Seminar of (1) OJ C 184, 17. 6. 1997, p. 20, OJ C 16, 20. 1. 1998, p. 14 and OJ C 108, 7. 4. 1998, p. 94. (2) OJ C 355, 21. 11. 1997, p. 83. (3) OJ C 180, 11. 6. 1998, p. 38. (4) Opinion of the European Parliament of 11 February 1999 (OJ C 150, 28. 5. 1999, p. 419), Council common position of 22 October 1999 and Decision of the European Parliament of (not yet published in the Official Journal). (5) OJ C 209, 9. 8. 1988, p. 3. need for action to avoid long-term deterioration of freshwater quality and quantity and called for a programme of actions to be implemented by the year 2000 aiming at sustainable management and protection of freshwater resources; in its Resolutions of 25 February 1992 (6) and 20 February 1995 (7), the Council requested an action programme for groundwater and a revision of Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances (8), as part of an overall policy on freshwater protection; (3) waters in the Community are under increasing pressure from the continuous growth in demand for sufficient quantities of good quality water for all purposes; on 10 November 1995, the European Environment Agency in its report on Environment in the European Union - 1995í presented an updated state of the environment report, confirming the need for action to protect Community waters in quantitative terms; in qualitative as well as (4) (5) on 18 December 1995, the Council adopted conclusions requiring, inter alia, the drawing up of a new framework Directive establishing the basic principles of sustainable water policy in the European Union and inviting the Commission to come forward with a proposal; on 21 February 1996, the Commission adopted a communication to the European Parliament and the Council on European Community water policyí setting out the principles for a Community water policy; (6) OJ C 59, 6. 3. 1992, p. 2. (7) OJ C 49, 28. 2. 1995, p. 1. (8) OJ L 20, 26. 1. 1980, p. 43. Directive as amended by Directive 91/692/EEC (OJ L 377, 31. 12. 1991, p. 48). C 343/2 EN Official Journal of the European Communities 30. 11. 1999 on 9 September 1996, the Commission presented a proposal for a Decision of the European Parliament and of the Council on an action programme for integrated protection and management of groundwater (1); in that proposal the Commission pointed to the need to establish procedures for the regulation of abstraction of freshwater and for the monitoring of freshwater quality and quantity; (13) success of this Directive the relies upon close cooperation and coherent action at Community, Member level as well as on information, States and local consultation and involvement of the public, including users; (6) (7) (8) (9) (10) the Commission adopted on 29 May 1995, a communication to the European Parliament and the Council on the wise use and conservation of wetlands, which recognised the important functions they perform for the protection of water resources; is necessary to develop an integrated Community it policy on water; the Council on 25 June 1996, the Committee of the the Economic and Regions on 19 September 1996, Social Committee on 26 September 1996 and the European Parliament on 23 October 1996 all requested the Commission to come forward with a proposal for a Council Directive a establishing a European water policy; framework for the environment, as set out in Article 174 of the Treaty, the Community policy on the environment is to contribute to pursue the objectives of preserving, protecting and improving the quality of in prudent and rational utilisation of natural resources, and to be based on the precautionary principle and on the principles that environmental preventive damage should, as a priority, be rectified at source and that the polluter should pay; action should be taken, available (11) pursuant to Article 174 of the Treaty, in preparing its policy on the environment, the Community is to take account of and technical data, scientific environmental conditions in the various regions of the Community, and the economic and social development the Community as a whole and the balanced of development of its regions as well as the potential benefits and costs of action or lack of action; (12) are diverse and needs there in the conditions Community which require different specific solutions; in the this diversity should be taken into account planning and execution of measures to ensure protection and sustainable use of water in the framework of the river basin; decisions should be taken as close as possible to the locations where water is affected or used; priority should be given to action within the responsibility of Member States through the drawing up of programmes of measures adjusted to regional and local conditions; (14) the supply of water is a service of general interest as defined in the Commission communication on services of general interest in Europe (2); (15) of and protection integration transport, agriculture, further sustainable management of water into other Community policy areas such as energy, fisheries, regional policy and tourism is necessary; this Directive should provide a basis for a continued dialogue and for further strategies the integration of policy areas; this Directive can also make an important contribution to other areas of cooperation between Member States, inter alia, the European spatial development perspective (ESDP); development of towards a legislative framework; (16) Community water policy requires a transparent, effective and coherent the Community should provide common principles and the overall framework for action; this Directive should provide for such a framework, coordinate and integrate, and, in a longer perspective, further develop the overall principles and structures for protection and sustainable use of water in the Community in accordance with the principles of subsidiarity; (17) this Directive aims at maintaining and improving the aquatic environment in the Community; this purpose is primarily concerned with the quality of the waters concerned; control of quantity is an ancillary element in securing good water quality and therefore measures on quantity, serving the objective of ensuring good quality, should also be established; (18) the quantitative status of a body of groundwater may have an impact on the ecological quality of surface waters and terrestrial ecosystems associated with that groundwater body; (19) the Community and Member States are party to various international agreements containing important obligations on the protection of marine waters from pollution, in particular the Convention on the Protection of the Baltic Sea Area, signed in Helsinki on 9 April 1992 and approved by Council Decision 94/157/EC (3), the Convention for the Protection of the Marine Environment of the North-East the Marine Environment of (1) OJ C 355, 25. 11. 1996, p. 1. (2) OJ C 281, 26. 9. 1996, p. 3. (3) OJ L 73, 16. 3. 1994, p. 19. 30. 11. 1999 EN Official Journal of the European Communities C 343/3 Atlantic, signed in Paris on 22 September 1992 and approved by Council Decision 98/249/EC (1), and the Convention for the Protection of the Mediterranean Sea Against Pollution, signed in Barcelona on 16 February 1976 and approved by Council Decision 77/585/EEC (2), and its Protocol for the Protection of the Mediterranean Sea Against Pollution from Land-Based Sources, signed in Athens on 17 May 1980 and approved by Council Decision 83/101/EEC (3); this Directive is to make a contribution towards enabling the Community and Member States to meet those obligations; (20) to the progressive to contribute this Directive reduction of emissions of hazardous substances to water; is (21) (22) common principles are needed in order to coordinate Member States’ efforts to improve the protection of Community waters in terms of quantity and quality, to to contribute to the promote sustainable water use, to protect control of aquatic and wetlands directly depending on them, and to safeguard and develop the potential uses of Community waters; transboundary water problems, and terrestrial ecosystems, ecosystems common definitions of the status of water in terms of the quality and, where relevant environmental protection, quantity should be established; environmental objectives should be set to ensure that good status of is achieved at Community level; surface water and groundwater the purpose of for (23) Member States should aim to achieve the objective of at least good water status by defining and implementing the necessary measures within integrated programmes of measures, existing Community requirements; where good water status already exists, it in addition to should be maintained; for groundwater, the requirements of good status, any significant and sustained upward trend in the concentration of any pollutant should be identified and reversed; taking into account (24) are and groundwaters surface waters in principle renewable natural resources; in particular, the task of requires early ensuring good status of groundwater action and stable long-term planning of protective measures, owing to the natural time lag in its formation and renewal; such time lag for improvement should be in timetables when establishing taken into account achievement of good status of measures the for (1) OJ L 104, 3. 4. 1998, p. 1. (2) OJ L 240, 19. 9. 1977, p. 1. (3) OJ L 67, 12. 3. 1983, p. 1. (25) (26) (27) (28) groundwater and reversing any significant and sustained upward trend in the concentration of any pollutant in groundwater; in aiming to achieve the objectives set out in this Directive, and in establishing a programme of measures to that end, Member States may phase implementation of the programme of measures in order to spread the costs of implementation; in order to ensure a full and consistent implementation of this Directive any extensions of timescale should be made on the basis of and transparent criteria and be justified by the Member States in the river basin management plans; appropriate, evident in cases where a body of water is so affected by human activity or its natural condition is such that it may be infeasible or unreasonably expensive to achieve good status, less stringent environmental objectives may be set on the basis of appropriate, evident and transparent criteria, and all practicable steps should be taken to prevent any further deterioration of the status of waters; is the result of unforeseen or from the for exemptions there may be grounds to further deterioration or to prevent requirement if the achieve good status under specific conditions, failure exceptional circumstances, in particular floods and droughts, or, for reasons new modifications to the physical characteristics of a surface water body or alterations to the level of bodies of groundwater, provided that all practicable steps are taken to mitigate the adverse impact on the status of the body of water; overriding interest, public of of (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 ecological and hydrological system are coordinated; (30) for the purposes of environmental protection there is a and need for and quantitative flow groundwaters, conditions of water within the hydrological cycle; integration of qualitative both surface waters of the natural taking into account a greater aspects effects, (31) within a river basin where use of water may have transboundary the the achievement of the environmental objectives established under this Directive, and in particular all programmes of measures, should be coordinated for the whole of the river basin district; for river basins extending beyond the requirements for C 343/4 EN Official Journal of the European Communities 30. 11. 1999 boundaries of the Community, Member States should endeavour to ensure the appropriate coordination with the relevant non-Member States; this Directive is to contribute implementation of Community to the obligations under international conventions on water protection and management, notably the United Nations Convention on the protection and use of transboundary water courses and international lakes, approved by Council Decision 95/308/EC (1) and any succeeding agreements on its application; (32) an economic analysis of water use; it is necessary to undertake analyses of the characteristics of a river basin and the impacts of human activity as the as well development in water status should be monitored by Member States on a systematic and comparable basis throughout is necessary in order to provide a sound basis for Member States to develop programmes of measures aimed at achieving the objectives established under this Directive; the Community; information this (33) Member States should identify waters used for the abstraction of drinking water and ensure compliance with Council Directive 80/778/EEC of 15 July 1980 relating to the quality of water intended for human consumption (2); (41) (34) (35) the use of economic instruments by Member States may be appropriate as part of a programme of measures; the principle of recovery of the costs of water services, including environmental and resource costs associated with damage or negative aquatic environment should be taken into account in accordance the polluter pays principle; an with, economic analysis of water services based on long-term forecasts of supply and demand for water in the river basin district will be necessary for this purpose; impact on the in particular, there is a need to prevent or reduce the impact of incidents accidentally polluted; measures with the aim of doing so should be included in the programme of measures; in which water is (36) with regard to pollution prevention and control, should be based on a Community water policy combined approach using control of pollution at source through the setting of emission limit values and of environmental quality standards; (37) for water quantity, overall principles should be laid down for control on abstraction and impoundment in order to ensure the environmental sustainability of the affected water systems; (1) OJ L 186, 5. 8. 1995, p. 42. (2) OJ L 229, 30. 8. 1980, p. 11. Directive as last amended by Directive 98/83/EC (OJ L 330, 5. 12. 1998, p. 32). (38) common environmental quality standards and emission limit values for certain groups or families of pollutants should be laid down as minimum requirements in Community legislation; provisions for the adoption of such standards at Community level should be ensured; (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 considered 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; (40) Member States should adopt measures to eliminate pollution of surface water by the priority substances and progressively to reduce pollution by other substances which would otherwise prevent Member States from achieving the objectives for the bodies of surface water; the participation of river basin management plans, the general public to ensure in the establishment and including users of water is updating of information of planned necessary to provide proper measures and to report on progress with their implementation with a view to the involvement of the general public before final decisions on the necessary measures are adopted; it (42) this Directive should provide mechanisms to address obstacles to progress in improving water status when these fall outside the scope of Community water legislation, with a view to developing appropriate Community strategies for overcoming them; (43) the Commission should present annually an updated plan for any initiatives which it intends to propose for the water sector; (44) technical specifications should be laid down to ensure a coherent approach in the Community as part of this Directive; criteria for evaluation of water status are an important step forward; adaptation of certain technical elements to technical development and the standardisation of monitoring, sampling and analysing methods should be adopted by committee procedure; to promote a thorough understanding and consistent the application of status, river basin districts and evaluation of water the Commission may the application of these criteria; the criteria for characterisation of guidelines adopt on 30. 11. 1999 EN Official Journal of the European Communities C 343/5 (45) (46) (47) the implementation of this Directive is to achieve a level to that of protection of waters at provided in certain earlier acts, which should therefore be repealed once the relevant provisions of this Directive have been fully implemented; least equivalent control of pollution by dangerous the provisions of this Directive take over the framework for substances established under Council Directive 76/464/EEC (1); that Directive should therefore be repealed once the relevant provisions of this Directive have been fully implemented; of and implementation existing enforcement full environmental legislation for the protection of waters should be ensured; it is necessary to ensure the proper application of the provisions implementing this Directive the Community by appropriate penalties throughout provided for in Member States’ legislation; such penalties should be effective, proportionate and dissuasive, HAVE ADOPTED THIS DIRECTIVE: Article 1 Purpose - the protection of territorial and marine waters, - achieving the international agreements including those which aim to prevent and eliminate pollution of the marine environment, and objectives relevant of - the progressive substances. reduction of emissions of hazardous Article 2 Definitions For the purpose of this Directive the following definitions shall apply: (1) (2) (3) Surface waterí means inland waters, except groundwater; transitional waters and coastal waters, except in respect of chemical shall also include for which it territorial waters. status Groundwaterí means all water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil. Inland waterí means all standing or flowing water on the surface of the land, and all groundwater on the landward side of the baseline from which the breadth of territorial waters is measured. The purpose of this Directive is to establish a framework for transitional waters, inland surface water, the protection of coastal waters and groundwater which: (4) Riverí means a body of inland water flowing for the most part on the surface of the land but which may flow underground for part of its course. (a) prevents further deterioration and protects and enhances the status of aquatic ecosystems and with regard to their water needs, terrestrial ecosystems and wetlands directly depending on the aquatic ecosystems; (b) promotes sustainable water use based on a long-term protection of available water resources; (c) contributes to mitigating the effects of floods and droughts and thereby contributes to: (5) Lakeí means a body of standing inland surface water. (6) (7) Transitional watersí are bodies of surface water in the vicinity of river mouths which are partly saline in character as a result of their proximity to coastal waters but which are substantially influenced by freshwater flows. Coastal waterí means surface water on the landward side of a line every point of which is at a distance of one nautical mile on the seaward side from the nearest point of territorial waters is measured, extending where appropriate up to the outer limit of transitional waters. the baseline from which the breadth of (8) Artificial water bodyí means a body of surface water created by human activity. - the provision of the sufficient supply of good quality surface water and groundwater as needed for sustainable, balanced and equitable water use, (9) (1) OJ L 129, 18. 5. 1976, p. 23. Directive as amended by Directive 91/692/EEC (OJ L 377, 31. 12. 1991, p. 48). Heavily modified water bodyí means a body of surface water which as a result of physical alterations by human activity as designated by the Member State in accordance with the provisions of Annex II. in character, substantially changed is C 343/6 EN Official Journal of the European Communities 30. 11. 1999 (10) Body of surface waterí means a discrete and significant element of surface water such as a lake, a reservoir, a stream, river or canal, part of a stream, river or canal, a transitional water or a stretch of coastal water. (22) Good ecological statusí is the status of a body of surface water, so classified in accordance with Annex V. (11) geological Aquiferí means a subsurface layer or layers of rock or and other permeability to allow either a significant flow of groundwater or the abstraction of significant quantities of groundwater. sufficient porosity strata of (12) Body of groundwaterí means a distinct volume of groundwater within an aquifer or aquifers. (23) Good ecological potentialí is the status of a heavily modified or an artificial body of water, so classified in accordance with the relevant provisions of Annex V. (24) Good surface water chemical statusí means the chemical status achieved by a body of surface water in which concentrations the environmental quality standards established in Annex IX and under Article 16(5), and under other relevant Community legislation setting environmental quality standards at Community level. pollutants do not exceed of (13) land from which all River basiní means the area of flows through a sequence of streams, surface run-off rivers and, possibly, lakes into the sea at a single river mouth, estuary or delta. (25) Good groundwater chemical statusí is the status defined in Table 2. 3. 2 of Annex V. (14) Sub-basiní means the area of land from which all surface flows through a series of streams, rivers and, run-off possibly, lakes to a particular point in a water course (normally a lake or a river confluence). (15) River basin districtí means the area of land and sea, made up of one or more neighbouring river basins together with their associated groundwaters and coastal waters, which is identified under Article 3(1) as the main unit for management of river basins. (16) Competent authorityí means an authority or authorities identified under Article 3(2) or 3(3). (26) Quantitative statusí is an expression of the degree to which a body of groundwater is affected by direct and indirect abstractions. (27) less the long-term annual rate of Available groundwater resourceí means the long-term annual average rate of overall recharge of the body of groundwater flow required to achieve the ecological quality objectives for associated surface water specified under Article 4, to avoid any significant diminution in the ecological status of such waters and to avoid any significant damage to associated terrestrial ecosystems. (28) Good quantitative statusí is the status defined in Table 2. 1. 2 of Annex V. (17) Surface water statusí is the general expression of the status of a body of surface water, determined by the poorer of its ecological status and its chemical status. (29) Pollutantí means any substance liable to cause pollution, in particular those listed in Annex VIII. (18) Good surface water statusí means the status achieved by a surface water body when both its ecological status and its chemical status are at least ágoodí. (30) (19) Groundwater statusí the status of a body of groundwater, determined by the poorer of its quantitative status and its chemical status. is the general expression of Pollutioní means the direct or indirect introduction, as a result of human activity, of substances or heat into the air, water or land which may be harmful to human health or the quality of aquatic ecosystems or terrestrial ecosystems directly depending on aquatic ecosystems, which result in damage to material property, or which impair or interfere with amenities and other legitimate uses of the environment. (20) Good groundwater statusí means the status achieved by a groundwater body when both its quantitative status and its chemical status are at least ágoodí. (31) Environmental objectivesí means the objectives set out in Article 4. (21) Ecological statusí is an expression of the quality of the structure ecosystems associated with surface waters, classified in accordance with Annex V. functioning aquatic and of (32) quality standardí Environmental the concentration 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. means 30. 11. 1999 EN Official Journal of the European Communities C 343/7 (33) Water intended for human consumptioní has the same meaning as under Directive 80/778/EEC, as amended by Directive 98/83/EC. (34) Water servicesí means: basins or joined with neighbouring small basins to form river basin districts where appropriate. Where individual groundwaters do not fully follow a particular river basin, they shall be identified and assigned to the nearest or most appropriate shall be identified and assigned to the nearest or most appropriate river basin district or districts. river basin district. Coastal waters (a) abstraction, distribution and consumption, or use in or surface water economic activity of any groundwater; (35) (36) (b) emission of pollutants into surface water and waste facilities which water collection and treatment subsequently discharge into surface water. Water useí means water services together with any other activity identified under Article 5 and Annex II having a significant impact on the status of water. This concept applies the economic analysis carried out according to Article 5 and Annex III, point (b). the purposes of Article 1 and of for certain specific parameters, Emission limit valuesí means the mass, expressed in terms of concentration and/or level of an emission, which may not be exceeded during any one or more periods of time. Emission limit values may also be laid down for certain groups, families or categories of those identified under Article 16. in particular substances, for The emission limit values for substances shall normally apply at leave the the point where the emissions installation, dilution being disregarded when determining them. With regard to indirect releases into water, the effect of a waste water treatment plant may be taken into account when determining the emission limit values of the installations involved, provided that an equivalent level is guaranteed for protection of the environment as a whole and provided that this does not lead to higher levels of pollution in the environment. (37) Emission controlsí are controls requiring a specific emission limitation, for instance an emission limit value, or otherwise specifying limits or conditions on the effects, nature or other characteristics of an emission or operating conditions which affect emissions. Use of the term áemission controlí in this Directive in respect of the provisions of any other Directive shall not be held as reinterpreting those provisions in any respect. shall States 2. Member appropriate administrative arrangements, including the identification of the appropriate competent authority, for the application of the rules of this Directive within each river basin district lying within their territory. ensure that 3. Member States shall ensure that a river basin covering the territory of more than one Member State is assigned to an international river basin district. At the request of the Member to facilitate the the Commission shall act States involved, assigning to such international river basin districts. Each Member State shall ensure the appropriate administrative arrangements, including the identification of the appropriate competent authority, for the application of the rules of this Directive within the portion of any international river basin district lying within its territory. 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 district. For international river basin districts the Member States concerned shall together ensure this coordination. At the request of the Member States involved, the Commission shall the programmes of act measures. to facilitate the establishment of shall the Community, 5. Where a river basin district extends beyond the territory the Member State or Member States of concerned appropriate coordination with the relevant non-Member States, with the aim of achieving the objectives of this Directive throughout shall ensure the the river basin district. Member States application of the rules of this Directive within their territory. endeavour establish to 6. Member States may identify an existing national or international body as competent authority for the purposes of this Directive. Article 3 7. Member States shall identify the competent authority by the date mentioned in Article 23. Coordination of administrative arrangements within river basin districts 1. Member States shall identify the individual river basins lying within their national territory and, for the purposes of this Directive, shall assign them to individual river basin districts. Small river basins may be combined with larger river 8. Member States shall provide the Commission with a list of their competent authorities and of the competent authorities of all the international bodies in which they participate at the latest six months after the date mentioned in Article 23. For each competent authority the information set out in Annex I shall be provided. C 343/8 EN Official Journal of the European Communities 30. 11. 1999 9. Member States shall inform the Commission of any changes to the information provided according to paragraph 8 within three months of the change coming into effect. (b) the extension of the deadline, and the reasons for it, are specifically set out and explained in the river basin management plan required under Article 13; Article 4 Environmental objectives 1. Member States shall aim to achieve the objectives of: (c) extensions are limited to periods which do not exceed the period covered by three further updates of the river basin management plan except in cases where the natural conditions are such that the objectives cannot be achieved 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 three months; (a) preventing deterioration of ecological status and pollution of surface 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 in accordance with the all bodies of provisions to the subject application of extensions determined in accordance with paragraph 3 and to the application of paragraphs 4, 5 and international 6 and without prejudice to the relevant agreements the parties referred to in Article 1 for concerned; laid down in Annex V, surface water, status (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 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 resulting from the impact of human activity, to the application of extensions determined in subject accordance with paragraph 3 and to the application of paragraphs 4, 5 and 6; (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 Article 11. taken under 2. Where more than one of the objectives under paragraph 1 relates to a given body of water, the most stringent shall apply. 3. The deadlines established under points (a) and (b) of paragraph 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: (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 their expected implementation is 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. timetable and the for 4. Member States may aim to achieve stringent environmental objectives than those required under paragraph 1(a) and (b) for specific bodies of water when both the following conditions are met: less (a) Member States determine that the body of water is so affected by human activity or its natural condition is such that in status would be infeasible or improvements unreasonably expensive; and (b) the of and the establishment less reasons environmental specifically objectives, mentioned in the river basin management plan required under Article 13 and those objectives are reviewed every six years. stringent for are it, 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: (a) all practicable steps are taken with the aim of preventing to further deterioration in status and in order not compromise the achievement of this the objectives of Directive in other bodies of water not affected by those circumstances; (a) Member States determine that all necessary improvements in the status of bodies of water cannot reasonably be achieved within the timescales set out in that paragraph; (b) 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; 30. 11. 1999 EN Official Journal of the European Communities C 343/9 (c) to be the measures such exceptional circumstances 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; taken under (d) 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 reasonably effects of practicable; those circumstances as soon as and (e) a summary of the effects of the circumstances and of the measures to be taken in accordance with paragraphs (a) and (d) are included in the next update of the river basin management plan. taken or Failure 6. status, good to achieve good groundwater ecological status or, where relevant, good ecological potential or to prevent deterioration in the status of a body of surface water or groundwater shall not be in breach of this Directive where this is the result of new modifications to the physical characteristics of a surface water body or alterations to the level of bodies of groundwater where Member States determine that there are reasons of overriding public interest for making these modifications or alterations for the purposes given in Sections 1. 6 (designation of artificial or heavily modified in bodies) or 2. 4 (review of groundwater levels) of Annex II, and the following conditions are met: impact of changes the - an analysis of its characteristics, - a review of the impact of human activity on the status of surface waters and on groundwater, and - 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 five years after the date of entry into force of this Directive. 2. The analyses and reviews mentioned under paragraph 2 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. Article 6 Register of protected areas 1. Member States shall ensure the establishment of a register or registers of all areas lying within each river basin requiring special district which have been designated as protection under the protection of their surface water and groundwater or for the conservation of habitats and species directly depending on water. They shall ensure that the register is completed at the this five years after the date of entry into force of latest Directive. specific Community legislation for (a) all practicable steps are taken to mitigate the adverse impact on the status of the body of water; 2. The register or registers shall include all bodies of water identified under Article 7(1) and all protected areas covered by Annex IV. (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. 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. Article 5 For each river basin district, the register or registers of 3. protected areas shall be kept under review and up to date. Article 7 Waters used for the abstraction of drinking water 1. Member States shall district: identify, within each river basin - all bodies of water used for the abstraction of water intended for human consumption providing more than 10 m3 a day as an average or serving more than fifty persons, Characteristics of the river basin district, review of the environmental impact of human activity and economic analysis of water use and - those bodies of water intended for such future use. 1. Each Member State shall ensure that for each river basin district or for the portion of an international river basin district falling within its territory: Member States shall monitor, in accordance with Annex V, those bodies of water which according to Annex V, provide more than 100 m3 a day as an average. C 343/10 EN Official Journal of the European Communities 30. 11. 1999 this Directive, 2. For each body of water identified under paragraph 1, in addition to meeting the objectives of Article 4 in accordance for surface water with the requirements of bodies at established including Community level under Article 16, Member States shall ensure regime applied, and in treatment that under accordance with Community legislation, the resulting water will meet the requirements of Directive 80/778/EEC as amended by Directive 98/83/EC. the water standards quality the States 2. Member basin management plans on the practical steps and measures taken to apply this principle. report river shall the in Nothing in this Article shall prevent 3. particular preventative or achieve the objectives of this Directive. remedial measures the funding of to in order 3. Member States shall ensure the necessary protection for the bodies of water identified with the aim of avoiding deterioration in their status and may establish safeguard zones for those bodies of water. Article 10 The combined approach for point and diffuse sources 1. Member States subject controlled according to the approach set out in this Article. relevant discharges specified under paragraph 2 are shall ensure that to control as Article 8 Monitoring of surface water status, groundwater status and protected areas 2. Member States shall ensure the establishment and/or implementation of: (a) the emission controls based on best available techniques; shall States 1. Member establishment of programmes for the monitoring of water status in order to establish a coherent and comprehensive overview of water status within each river basin district: ensure the or (b) the relevant emission limit values; - for surface waters such programmes shall cover monitoring of the ecological and chemical status, or - for groundwaters such programmes shall cover monitoring of the chemical and quantitative status, set out in: (c) in the case of diffuse impacts the controls including, as appropriate, best environmental practices; - for protected areas by supplemented Community legislation protected areas have been established. those the above programmes specifications under which shall be in individual contained the 2. These programmes shall be operational at the latest seven years after the date of entry into force of this Directive unless otherwise Such monitoring shall be in accordance with the requirements of Annex V. legislation concerned. specified in the Article 9 Recovery of costs for water services of the costs services, of water 1. Member States shall take account of the principles of recovery including environmental and resource costs, having regard to the economic analysis conducted according 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. - Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (1), - Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment (2), - Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (3), - the Directives adopted pursuant to Article 16 of this Directive, - the Directives listed in Annex IX, - any other relevant Community legislation, at the latest 13 years after the date of entry into force of this Directive, unless otherwise legislation concerned. specified in the (1) OJ L 257, 10. 10. 1996, p. 26. (2) OJ L 135, 30. 5. 1991, p. 40. Directive as amended by Commission Directive 98/15/EC (OJ L 67, 7. 3. 1998, p. 29). (3) OJ L 375, 31. 12. 1991, p. 1. 30. 11. 1999 EN Official Journal of the European Communities C 343/11 3. Where a quality objective or quality standard, whether established pursuant to this Directive, in the Directives listed in Annex IX, or pursuant to any other Community legislation, requires stricter conditions than those which would result from the application of paragraph 2, more stringent emission controls shall be set accordingly. Article 11 Programme of measures 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. Each programme of measures shall include the ábasicí specified in paragraph 3 and, where necessary, 2. measures ásupplementaryí measures. Basic measuresí are the minimum requirements to be 3. complied with and shall consist of: (a) required those measures to implement Community legislation for the protection of water, including measures required under the legislation specified in Article 10 and in Part A of Annex VI; (b) measures Article 9; deemed appropriate for the purposes of (c) measures to meet the requirements of Article 7; (f) measures to ensure, where practicable, the control and, significant where necessary, prevention of any other adverse impacts on the status of water identified under the Article 5 and Annex II which would prevent achievement of for the objectives under Article 4 by, for prior regulation, such as a example, a requirement prohibition on the entry of pollutants into water, prior authorisation or registration based on general binding rules where such a requirement is not otherwise provided for under Community legislation. These controls shall be periodically reviewed and, where necessary, updated; (g) a prohibition of direct discharges of pollutants groundwater subject to the following provisions. into Member States may authorise re-injection into the same aquifer of water used for geothermal purposes. They may also authorise, specifying the conditions for: for - injection of water containing substances resulting from exploration and extraction of the operations hydrocarbons or mining activities, and injection of water for technical reasons, into geological formations from which hydrocarbons or other substances have been extracted or into geological formations which for natural reasons are permanently unsuitable for other purposes. Such injections shall not contain substances other than those resulting from the above operations, - re-injection of pumped groundwater from mines and construction or associated with the quarries or maintenance of civil engineering works, - injection of natural gas or liquefied petroleum gas (LPG) for storage purposes into geological formations which for natural reasons are permanently unsuitable for other purposes, (d) controls over the abstraction of fresh surface water and fresh surface water, groundwater, and impoundment of including a register or registers of water abstractions and a requirement of prior authorisation for abstraction and impoundment. These periodically controls reviewed and, where necessary, updated. Member States or can impoundments which have no significant impact on water status; from these abstractions controls, exempt shall be (e) for point source discharges liable to cause pollution, a requirement for prior authorisation, or registration based laying down emission controls on general binding rules, for shall be the pollutants concerned. These controls periodically reviewed and, where necessary, updated; for storage purposes - injection of natural gas or liquefied petroleum gas (LPG) into other geological formations where there is an overriding need for security of gas supply, and where the injection is such future danger of as deterioration receiving of groundwater, to prevent any present or quality any the in - construction, civil engineering and building works and similar activities on or in the ground which come into contact with groundwater. For these purposes, Member States may determine that such activities are to be treated as having been authorised provided that they are conducted in accordance with general binding rules developed by the Member State in respect of such activities, C 343/12 EN Official Journal of the European Communities 30. 11. 1999 - discharges of for small quantities of scientific purposes for characterisation, protection or remediation of water bodies limited to the amount strictly necessary for the purposes concerned, substances such discharges provided achievement of for that body of groundwater. the the environmental objectives established compromise do not artificial States may Member recharge or authorise augmentation of groundwater bodies. The water used may be derived from any surface water or groundwater, provided that the use of the source does not compromise objectives the established for the source or the recharged or augmented body of groundwater; environmental achievement the of (h) in accordance with action taken pursuant to Article 16, measures to eliminate pollution of surface waters by those substances specified in the priority list agreed pursuant to Article 16(2) and to progressively reduce pollution by other substances which would otherwise prevent Member States from achieving the objectives for the bodies of surface waters as set out in Article 4; from technical (i) any measures required to prevent significant leakage of installations, and to prevent to reduce the impact of accidental pollution including pollutants and/or incidents for example as a result of through systems to detect or give warning of such events. floods, Where those causes are unforeseen or due to exceptional circumstances, including floods or droughts, the Member State may determine that additional measures are not practicable. In implementing measures pursuant to paragraphs 3(e) 6. and 3(f), Member States shall take all appropriate steps not to increase pollution of marine waters. Without prejudice to existing legislation, the application of measures taken pursuant to paragraph 3 may on no account lead, either directly or surface waters. This indirectly to increased pollution of requirement shall not apply where it would result in increased pollution of the environment as a whole. The programmes of measures shall be established at the 7. latest this ten years after the date of entry into force of Directive and all the measures shall be made operational at the latest 13 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 established under an updated programme shall be made operational within three years of their establishment. revised measures Article 12 Issues which can not be dealt with at Member State level Supplementaryí measures are those measures designed 4. and implemented in addition to the basic measures, with the aim of achieving the objectives established pursuant to Article 4. Part B of Annex VI contains a non-exclusive list of such measures. 1. Where a Member State identifies an issue which has an impact on the management of its water but cannot be resolved by that Member State, the issue to the Commission and any other Member State concerned and may make recommendations for the resolution of it. it may report Member States may also adopt further supplementary measures in order to provide for additional protection or improvement including in the waters of implementation of agreements referred to in Article 1. covered by this Directive, international relevant the The Commission shall 2. respond to any report or recommendations from Member States within a period of six months. 5. Where monitoring or other data indicate that the objectives set under Article 4 for the body of water are unlikely to be achieved, the Member State shall ensure that: Article 13 River basin management plans - the causes of the possible failure are investigated, and States 1. Member basin management plan is produced for each river basin district lying entirely within their territory. ensure river shall that a - such additional measures as may be practicable in order to achieve those objectives are established. 2. In the case of an international river basin district falling entirely within the Community, Member States shall ensure coordination with the aim of producing a single international river basin management plan. Where such an international 30. 11. 1999 EN Official Journal of the European Communities C 343/13 river basin management plan is not produced, Member States shall produce river basin management plans covering at least those parts of falling within their territory to achieve the objectives of this Directive. the international river basin district Upon request access shall be given to background documents and information used for the development of the draft river basin management plan. shall endeavour In the case of an international 3. river basin district extending beyond the boundaries of the Community, Member States to produce a single river basin management plan, and, where this is not possible, the plan shall at least cover the portion of the international river basin district the Member State concerned. lying within the territory of The river basin management plan shall 4. information detailed in Annex VII. include the River basin management plans may be supplemented by 5. the production of more detailed programmes and management plans for sub-basin, sector, issue, or water type, to deal with particular aspects of water management. Implementation of these measures shall not exempt Member States from any of their obligations under the rest of this Directive. River basin management plans shall be published at the this ten years after the date of entry into force of 6. latest Directive. River basin management plans shall be reviewed and 7. updated at the latest 16 years after the date of entry into force of this Directive and every six years thereafter. to shall allow at 2. Member States comment in writing on those documents in order to allow active involvement and consultation. six months least Paragraphs 1 and 2 shall apply equally to updated river 3. basin management plans. Article 15 Reporting the river basin 1. Member States management plans to the Commission and to any other Member State concerned within three months of their publication: subsequent updates shall and all send copies of (a) river basin districts for entirely within the territory of a Member State, all river management plans covering that national territory and published pursuant to Article 13; falling (b) for international river basin districts, at least the part of the river basin management plans covering the territory of the Member State. 2. Member States shall submit summary reports of: Article 14 - the analyses required under Article 5, Public information and consultation and 1. Member States shall encourage the active involvement of all interested parties in the implementation of this Directive, in particular in the production, review and updating of the river basin management plans. Member States shall ensure that, for each river basin district, they publish and make available for comments to the public, including users: - the monitoring programmes designed under Article 8, undertaken for management plan within three months of their completion. the purposes of river basin first the (a) a timetable and work programme for the production of the plan, including a statement of the consultation measures to be taken, at least three years before the beginning of the period to which the plan refers; 3. Member States shall, within three years of the publication of each river basin management plan or update under Article 13, in the implementation of the planned programme of measures. submit an interim report describing progress (b) an interim overview of the significant water management issues identified in the river basin, at least two years before the beginning of the period to which the plan refers; Article 16 Strategies against pollution of water (c) draft copies of the river basin management plan, at least one year before the beginning of the period to which the plan refers. The Council 1. against adopt pollution of water by individual pollutants or groups of pollutants presenting an unacceptable risk to or via the aquatic specific measures shall C 343/14 EN Official Journal of the European Communities 30. 11. 1999 environment, 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 Commission shall submit a proposal setting out a 2. first priority list of substances by 31 December 1999. Substances shall be prioritised for action on the basis of risk to or via the aquatic environment, identified by: (a) risk assessment carried out under Council Regulation (EEC) No 793/93 (1), Council Directive 91/414/EEC (2), and Directive 98/8/EC of the European Parliament and of the Council (3); or (b) targeted risk-based assessment (following the methodology of Regulation (EEC) No 793/93) focusing solely on aquatic ecotoxicity and on human toxicity via aquatic environment; the or, where this proves impracticable within the timescale; (c) a simplified risk-based assessment procedure based on scientific principles taking particular account of: (i) evidence the regarding the its aquatic substance concerned, and in particular ecotoxicity and human toxicity via aquatic exposure routes; and intrinsic hazard of (ii) evidence monitoring environmental contamination; and from of widespread (iii) other proven factors which may indicate the possibility of widespread environmental contamination, such as production or use volume of the substance concerned, and use patterns. The Commission shall review the adopted priority list at the latest six years after the date of entry into force of this Directive and at least every six years thereafter, and come forward with proposals as appropriate. the Commission shall In preparing its proposal, 3. take account of recommendations from the Scientific Committee on toxicity, ecotoxicity and the environment, Member States, the European Parliament, the European Environment Agency, Community research programmes, international organisations to which the Community is a party, European business and those organisations representing including small medium-sized environmental organisations, and of other relevant information which comes to its attention. enterprises, European and shall and diffuse For the substances on the priority list, the Commission 4. shall submit proposals for controls on the principle sources of the emissions concerned. In doing so it shall take account of both point identify the sources cost-effective and proportionate level and combination of product controls and emission values for process controls. Where appropriate, action at Community level for process controls may be established on a sector-by-sector basis. Where product relevant a 91/414/EEC and authorisations Directive 98/8/EC, in those Directives. Each accordance with the provisions of proposal their for controls shall specify arrangements for review, updating and for assessment of their effectiveness. shall be carried out under Directive such reviews review of controls include issued the The Commission shall 5. submit proposals standards applicable to the concentrations of substances in surface water, sediments or biota. for quality the priority the inclusion of The Commission shall submit proposals, 6. in accordance with paragraphs 4 and 5, and at least for emission controls for point sources and environmental quality standards within two years 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 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 of all technical reduction options. For substances subsequently included in the priority list, in the absence of agreement at Community level, Member States shall take such action five years after the date of inclusion in the list. establish environmental quality standards for 7. The Commission may prepare strategies against pollution of water by any other pollutants or groups of pollutants, including any pollution which occurs as a result of accidents. 8. In preparing its proposals under paragraphs 4 and 5, the Commission shall also review all the Directives listed in Annex IX. It shall propose, by the deadline in paragraph 6, a revision of the controls in Annex IX for all those substances which are included in the priority list and shall propose the appropriate measures including the possible repeal of the controls under Annex IX for all other substances. All the controls in Annex IX for which revisions are proposed shall be repealed by the date of entry into force of those revisions. (1) OJ L 84, 5. 4. 1993, p. 1. (2) OJ L 230, 19. 8. 1991, p. 1. Directive as last amended by Directive 98/47/EC (OJ L 191, 7. 7. 1998, p. 50). (3) OJ L 123, 24. 4. 1998, p. 1. The priority 9. the Commission shall, on its adoption by the European Parliament and the Council, become Annex X to this Directive. substances proposed by list of 30. 11. 1999 EN Official Journal of the European Communities C 343/15 Article 17 Commission report Article 18 Plans for future Community measures The Commission shall publish a report on the 1. implementation of this Directive at the latest 12 years after the date of entry into force of this Directive and every six years thereafter, and shall submit it to the European Parliament and to the Council. 2. The report shall include the following: (a) a review of progress in the implementation of the Directive; (b) a review of the status of surface water and groundwater in the Community undertaken in coordination with the European Environment Agency; (c) a survey of the river basin management plans submitted in accordance with Article 15, including suggestions for the improvement of future plans; (d) a summary of the reports or the response to each of recommendations to the Commission made by Member States pursuant to Article 12; (e) a summary of any proposals, control measures and strategies developed under Article 16; (f) a summary of the responses to comments made by the and the Council on previous European Parliament implementation reports. 3. The Commission shall also publish a report on progress in implementation based on the summary reports that Member States to the European Parliament and the Member States, at the latest two years after the dates referred to in Articles 5 and 8. submit under Article 15(2), and submit it 4. the The Commission shall, within three years of publication of each report under paragraph 1, publish an interim report describing progress in implementation on the basis of the interim reports of the Member States as mentioned in Article 15(3). This shall be submitted to the European Parliament and to the Council. The Commission shall convene when appropriate in line 5. with the reporting cycle a conference of interested parties on Community water policy from each of the Member States, to comment on the Commission’s implementation reports and to share experiences. Participants should include representatives from the competent authorities, the European Parliament, NGOs, the social and economic partners, consumer bodies, academics and other experts. for Once a year, the Commission shall 1. information purposes present to the Committee referred to in Article 20 an indicative plan of measures having an impact on water legislation which it intends to propose in the near future, including any emerging from the proposals, control measures and strategies developed under Article 16. The Commission shall make the first such presentation at the latest two years after the date of entry into force of this Directive. 2. The Commission will review this Directive at the latest 19 years after the date of its entry into force and will propose any necessary amendments to it. Article 19 Technical adaptations to the Directive Annexes I, III and Section 1. 3. 6 of Annex V may be 1. adapted to scientific and technical progress in accordance with the procedures laid down in Article 20, taking account of the periods river basin for management plans as referred to in Article 13. Where the Commission may adopt guidelines on the necessary, implementation of Annexes II and V in accordance with the procedures laid down in Article 20. review and updating of the For the purpose of transmission and processing of data, 2. including statistical and cartographic data, technical formats for the purpose of paragraph 1 may be adopted in accordance with the procedures laid down in Article 20. Article 20 Regulatory committee The Commission shall be assisted by a regulatory 1. committee composed of the representatives of the Member States and chaired by the representative of the Commission. 2. The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 205(2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote. C 343/16 EN Official Journal of the European Communities 30. 11. 1999 adoption indicates, is based, of which the European Parliament the grounds on which it in a resolution 3. If that draft setting out implementing measures, is the contemplated and which have been submitted to the to this Directive would exceed the committee pursuant the implementing powers provided for Commission shall re-examine the draft measures. Taking the resolution into account and within the time limits of the procedure under way, the Commission may submit new draft measures to the committee, continue with the procedure or submit a proposal to the European Parliament and the Council on the basis of the Treaty. in this Directive, The Commission shall inform the European Parliament and the committee of intends to take on the resolution of the European Parliament and of its reasons for doing so. the action which it 4. The Commission shall, without prejudice to paragraph 3, adopt the measures envisaged if they are in accordance with the opinion of the committee. 5. If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken and shall inform the European Parliament. If 6. submitted by the Commission pursuant exceeds Directive, it shall inform the Council of its position. the European Parliament considers that a proposal to this Directive in this implementing powers provided for the 7. The Council may, where appropriate, in view of any such position, act by qualified majority on the proposal, within a period of to the Council. three months from the date of referral If within that period the Council has indicated by qualified majority that it opposes the proposal, the Commission shall to the re-examine it. Council, resubmit its proposal or present a legislative proposal on the basis of the Treaty. It may submit an amended proposal If on the expiry of that period the Council has neither adopted the proposed implementing act nor indicated its opposition to the proposal the proposed implementing act shall be adopted by the Commission. implementing measures, for - Directive 75/440/EEC of 16 June 1975 concerning the the intended for quality required of abstraction of drinking water in the Member States (1), surface water - Council Decision 77/795/EEC of 12 December 1977 establishing a common procedure for the exchange of information on the quality of surface freshwater in the Community (2), - Council Directive 79/869/EEC of 9 October 1979 concerning the methods of measurement and frequencies of sampling and analysis of surface water intended for the abstraction of drinking waters in the Member States (3). The following shall be repealed with effect from 13 years 2. after the date of entry into force of this Directive: - Council Directive 78/659/EEC of 18 July 1978 on the quality of freshwaters needing protection or improvement in order to support fish life (4), - Council Directive 79/923/EEC of 30 October 1979 on the quality required of shellfish waters (5), - Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances (6), - Directive 76/464/EEC, with the exception of Article 6, which shall be repealed with effect from the entry into force of this Directive. The following transitional provisions 3. Directive 76/464/EEC: shall apply for (a) replace the list of the priority list adopted under Article 16 of this Directive shall substances prioritised in the Commission communication to the Council of 22 June 1982; States may (b) for the purposes of Article 7 of Directive 76/464/EEC, the apply Member identification of pollution problems and the substances causing them, the establishment of quality standards, and the adoption of measures, laid down in this Directive. the principles for Article 21 Repeals and transitional provisions The following shall be repealed with effect from seven 1. years after the date of entry into force of this Directive: (1) OJ L 194, 25. 7. 1975, p. 26. Directive as last amended by Directive 91/692/EEC. (2) OJ L 334, 24. 12. 1977, p. 29. Decision as last amended by the 1994 Act of Accession. (3) OJ L 271, 29. 10. 1979, p. 44. Directive as last amended by the 1994 Act of Accession. (4) OJ L 222, 14. 8. 1978, p. 1. Directive as last amended by the 1994 Act of Accession. (5) OJ L 281, 10. 11. 1979, p. 47. Directive as last amended by Directive 91/692/EEC (OJ L 377, 31. 12. 1991, p. 48). (6) OJ L 20, 26. 1. 1980, p. 43. 30. 11. 1999 EN Official Journal of the European Communities C 343/17 4 The objectives in Article environmental 4. and environmental quality standards established in Annex IX and pursuant to Article 16(5), and by Member States under Annex V for substances not on the priority list and under Article 16(6) in respect of priority substances for which Community as standards environmental quality standards for the purposes of point 7 of Article 2 and Article 10 of Directive 96/61/EC. regarded been have shall not set, be 5. Where a substance on the priority list adopted under Article 16 is not included in Annex VIII to this Directive or in Annex III to Directive 96/61/EC, it shall be added thereto. 6. For bodies of surface water, environmental objectives river basin management plan established under required by this Directive shall, as a minimum, give effect to quality standards at least as stringent as those required to implement Directive 76/464/EEC. the first Article 22 Penalties Member States shall determine penalties applicable to breaches of the national provisions adopted pursuant to this Directive. The effective, proportionate and dissuasive. provided penalties shall thus for be When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States. 2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive. The Commission shall inform the other Member States thereof. Article 24 Entry into force This Directive shall enter publication in the Official Journal of the European Communities. into force on the day of its Article 25 Addressees This Directive is addressed to the Member States. Article 23 Implementation Done at 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive at the latest (*) They shall fortwith inform the Commission thereof. For the European Parliament For the Council The President The President (*) Three years after the date of entry into force of this Directive. C 343/18 EN Official Journal of the European Communities 30. 11. 1999 ANNEX I INFORMATION REQUIRED FOR THE LIST OF COMPETENT AUTHORITIES As required under Article 3(8), the Member States shall provide the following information on all competent authorities within each of its river basin districts as well as the portion of any international river basin district lying within their territory. (i) Name and address of the competent authority - the official name and address of the authority identified under Article 3(2). (ii) Geographical coverage of the river basin district - the names of the main rivers within the river basin district together with a precise description of the boundaries of the river basin district. This information should as far as possible be available for introduction into a geographic information system (GIS) and/or the geographic information system for the Commission (GISCO). (iii) Legal status of competent authority - a description of the legal status of the competent authority and, where relevant, a summary or copy of its statute, founding treaty or equivalent legal document. (iv) Responsibilities - a description of the legal and administrative responsibilities of each competent authority and of its role within each river basin district. (v) Membership - where the competent authority acts as a coordinating body for other competent authorities, a list is required of these bodies together with a summary of the institutional relationships established in order to ensure coordination. (vi) International relationships - where a river basin district covers the territory of more than one Member State or includes the territory of non-Member States, a summary is required of the institutional relationships established in order to ensure coordination. 30. 11. 1999 EN Official Journal of the European Communities C 343/19 ANNEX II 1. SURFACE WATERS 1. 1. Characterisation of surface water body types Member States shall identify the location and boundaries of bodies of surface water and shall carry out an initial characterisation of all such bodies in accordance with the following methodology. Member States may group surface water bodies together for the purposes of this initial characterisation. (i) The surface water bodies within the river basin district shall be identified as falling within either one of the following surface water categories - rivers, lakes, transitional waters or coastal waters - or as artificial surface water bodies or heavily modified surface water bodies. (ii) For each surface water category, the relevant surface water bodies within the river basin district shall be differentiated according to type. These types are those defined using either ásystem Aí or ásystem Bí identified in Section 1. 2. (iii) If system A is used, the surface water bodies within the river basin district shall first be differentiated by the relevant ecoregions in accordance with the geographical areas identified in Section 1. 2 and shown on the relevant map in Annex XI. The water bodies within each ecoregion shall then be differentiated by surface water body types according to the descriptors set out in the tables for system A. (iv) If system B is used, Member States must achieve at least the same degree of differentiation as would be achieved using System A. Accordingly, the surface water bodies within the river basin district shall be differentiated into types using the values for the obligatory descriptors and such optional descriptors, or combinations of descriptors, as are required to ensure that type-specific biological reference conditions can be reliably derived. (v) For artificial and heavily modified surface water bodies the differentiation shall be undertaken in accordance with the descriptors for whichever of the surface water categories must closely resembles the heavily modified or artificial water body concerned. (vi) Member States shall submit to the Commission a map or maps (in a GIS format) of the geographical location of the types consistent with the degree of differentiation required under system A. 1. 2. Ecoregions and surface water body types 1. 2. 1. Rivers S y s t e m A Fixed typology Descriptors Ecoregion Ecoregion shown on Map A in Annex XI Type Altitude typology: high: > 800 m mid-altitude: 200 to 800 m lowland: < 200 m Size typology based on catchment area: small: 10 - 100 km2 medium: > 100 to 1 000 km2 large: > 1 000 to 10 000 km2 very large: > 10 000 km2 Geology: calcareous siliceous organic C 343/20 EN Official Journal of the European Communities 30. 11. 1999 S y s t e m B Alternative characterisation Physical and chemical factors that determine the characteristics of the river or part of the river and hence the biological population structure and composition Obligatory factors Altitude Latitude Longitude Geology Size Optional factors Distance from river source Energy of flow (function of flow and slope) Mean water width Mean water depth Mean water slope Form and shape of main river bed River discharge (flow) category Valley shape Transport of solids Acid neutralising capacity Mean substratum composition Chloride Air temperature range Mean air temperature Precipitation 1. 2. 2. Lakes S y s t e m A Fixed typology Descriptors Ecoregion Ecoregions shown on Map A in Annex XI Type Altitude typology: high: > 800 m mid-altitude: 200 to 800 m lowland: < 200 m Depth typology based on mean depth: < 3 m 3 m to 15 m > 15 m Size typology based on surface area: 0,5 to 1 km2 1 to 10 km2 10 to 100 km2 > 100 km2 Geology: calcareous siliceous organic 30. 11. 1999 EN Official Journal of the European Communities C 343/21 S y s t e m B Alternative characterisation Physical and chemical factors that determine the characteristics of the lake and hence the biological population structure and composition Obligatory factors Altitude Latitude Longitude Depth Geology Size Optional factors Mean water depth Lake shape Residence time Mean air temperature Air temperature range Mixing characteristics (e. g. monomictic, dimictic, polymictic) Acid neutralising capacity Background nutrient status Mean substratum composition Water level fluctuation 1. 2. 3. Transitional waters S y s t e m A Fixed typology Descriptors Ecoregion The following as identified on Map B in Annex XI: Baltic Sea Barents Sea Norwegian Sea North Sea North Atlantic Ocean Mediterranean Sea Type Based on mean annual salinity: < 0,5 e: freshwater 0,5 to < 5 e: oligohaline 5 to < 18 e: mesohaline 18 to < 30 e: polyhaline 30 to < 40 e: euhaline Based on mean tidal range: < 2 m: microtidal 2 to 4 m: mesotidal > 4 m: macrotidal C 343/22 EN Official Journal of the European Communities 30. 11. 1999 S y s t e m B Alternative characterisation Obligatory factors Physical and chemical transitional water and hence composition factors that determine the characteristics of the the biological population structure and Latitude Longitude Tidal range Salinity Optional factors Depth Current velocity Wave exposure Residence time Mean water temperature Mixing characteristics Turbidity Mean substratum composition Shape Water temperature range 1. 2. 4. Coastal waters S y s t e m A Fixed typology Descriptors Ecoregion The following as identified on Map B in Annex XI: Baltic Sea Barents Sea Norwegian Sea North Sea North Atlantic Ocean Mediterranean Sea Type Based on mean annual salinity: < 0,5 e: freshwater 0,5 to < 5 e: oligohaline 5 to < 18 e: mesohaline 18 to < 30 e: polyhaline 30 to < 40 e: euhaline Based on mean depth: shallow waters: < 30 m intermediate: (30 to 200 m) deep: > 200 m 30. 11. 1999 EN Official Journal of the European Communities C 343/23 S y s t e m B Alternative characterisation Physical and chemical factors that determine the characteristics of the coastal water and hence the biological community structure and composition Obligatory factors Latitude Longitude Tidal range Salinity Optional factors Current velocity Wave exposure Mean water temperature Mixing characteristics Turbidity Retention time (of enclosed bays) Mean substratum composition Water temperature range 1. 3. Establishment of type-specific reference conditions for surface water body types (i) each surface water body type characterised in accordance with Section 1. 1, For type-specific hydromorphological and physico-chemical conditions shall be established representing the values of the hydromorphological and physico-chemical quality elements specified in Section 1. 1 in Annex V for that surface water body type at high ecological status as defined in the relevant table in Section 1. 2 in Annex V. Type-specific biological reference conditions shall be established, representing the values of the biological quality elements specified in Section 1. 1 in Annex V for that surface water body type at high ecological status as defined in the relevant table in Section 1. 2 in Annex V. (ii) In applying the procedures set out in this section to heavily modified or artificial surface water body references to high ecological status shall be construed as references to maximum ecological potential as defined in Table 1. 2. 5 in Annex V. The values for maximum ecological potential for a water body shall be reviewed every six years. (iii) Type-specific conditions for the purposes of points (i) and (ii) and type-specific biological reference conditions may be either spatially based or based on modelling, or may be derived using a combination of these methods. Where it is not possible to use these methods, Member States may use expert judgement to establish such conditions. In defining high ecological status in respect of concentrations of specific synthetic pollutants, the detection limits are those which can be achieved in accordance with the available techniques at the time when the type-specific conditions are to be established. (iv) For spatially based type-specific biological reference conditions, Member States shall develop a reference network for each surface water body type. The network shall contain a sufficient number of sites of high status to provide a sufficient level of confidence about the values for the reference conditions, given the variability in the values of the quality elements corresponding to high ecological status for that surface water body type and the modelling techniques which are to be applied under point (v). (v) Type-specific biological reference conditions based on modelling may be derived using either predictive models or hindcasting methods. The methods shall use historical, paleological and other available data and shall provide a sufficient level of confidence about the values for the reference conditions to ensure that the conditions so derived are consistent and valid for each surface water body type. C 343/24 EN Official Journal of the European Communities 30. 11. 1999 (vi) Where it is not possible to establish reliable type-specific reference conditions for a quality element in a surface water body type due to high degrees of natural variability in that element, not just as a result of seasonal variations, then that element may be excluded from the assessment of ecological status for that surface water type. In such circumstances Member States shall state the reasons for this exclusion in the river basin management plan. 1. 4. Identification of pressures Member States shall collect and maintain information on the type and magnitude of the significant anthropogenic pressures to which the surface water bodies in each river basin district are liable to be subject, in particular: estimation and identification of significant point source pollution, in particular by substances listed in Annex VIII, from urban, industrial, agricultural and other installations and activities, based inter alia, on information gathered under: (i) Articles 15 and 17 of Directive 91/271/EEC (1); (ii) Articles 9 and 15 of Directive 96/61/EC; and for the purposes of the initial river basin management plan: (iii) Article 11 of Directive 76/464/EEC; and (iv) Council Directives 75/440/EEC, 76/160/EEC (2), 78/659/EEC and 79/923/EEC (3); estimation and identification of significant diffuse source pollution, in particular by substances listed in Annex VIII, from urban, industrial, agricultural and other installations and activities; based, inter alia, on information gathered under: (i) Articles 3, 5 and 6 of Directive 91/676/EEC (4); (ii) Articles 7 and 17 of Directive 91/414/EEC; (iii) Directive 98/8/EC; and for the purposes of the first river basin management plan: (iv) Directives 75/440/EEC, 76/160/EEC, 76/464/EEC, 78/659/EEC and 79/923/EEC. Estimation and identification of significant water abstraction for urban, industrial, agricultural and other uses, including seasonal variations and total annual demand, and of loss of water in distribution systems. Estimation and identification of the impact of significant water flow regulation, including water transfer and diversion, on overall flow characteristics and water balances. Identification of significant morphological alterations to water bodies. Estimation and identification of other significant anthropogenic impacts on the status of surface waters. Estimation of land use patterns, including identification of the main urban, industrial and agricultural areas and, where relevant, fisheries and forests. 1. 5. Assessment of impact Member States shall carry out an assessment of the susceptibility of the surface water status of bodies to the pressures identified above. (1) OJ L 135, 30. 5. 1991, p. 40. Directive as last amended by Directive 98/15/EC (OJ L 67, 7. 3. 1998, p. 29). (2) OJ L 31, 5. 2. 1976, p. 1. Directive as last amended by the 1994 Act of Accession. (3) OJ L 281, 10. 11. 1979, p. 47. Directive as amended by Directive 91/692/EEC (OJ L 377, 31. 12. 1991, p. 48). (4) OJ L 375, 31. 12. 1991, p. 1. 30. 11. 1999 EN Official Journal of the European Communities C 343/25 Member States shall use the information collected above, and any other relevant information including existing environmental monitoring data, to carry out an assessment of the likelihood that surface waters bodies within the river basin district will fail to meet the environmental quality objectives set for the bodies under Article 4. Member States may utilise modelling techniques to assist in such an assessment. those bodies For characterisation shall, where relevant, be carried out programmes required under Article 8, and the programmes of measures required under Article 11. further to optimise the design of both the monitoring failing the environmental quality objectives, identified as being at risk of 1. 6. Designation of artificial and heavily modified bodies Member States may designate a body of surface water as artificial or heavily modified where making changes to artificial or modified characteristics 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. 2. GROUNDWATERS 2. 1. Initial characterisation Member States shall carry out an initial characterisation of all groundwater bodies to assess their uses and the degree to which they are at risk of failing to meet the objectives for each groundwater body under Article 4. Member States may group groundwater bodies together for the purposes of this initial characterisation. This analysis may employ existing hydrological, geological, pedological, land use, discharge, abstraction and other data but shall identify: - the location and boundaries of the groundwater body or bodies, - the pressures to which the groundwater body or bodies are liable to be subject including: - diffuse sources of pollution, - point sources of pollution, - abstraction, - artificial recharge, - the general character of the overlying strata in the catchment area from which the groundwater body receives its recharge, - those groundwater bodies for which there are directly dependent surface water ecosystems or terrestrial ecosystems. 2. 2. Further characterisation Following this initial characterisation, Member States shall carry out those groundwater bodies or groups of bodies which have been identified as being at risk in order to establish a more precise assessment of the significance of such risk and identification of any measures to be required under Article 11. Accordingly, this characterisation shall include relevant information on the impact of human activity and, where relevant, information on: further characterisation of - geological characteristics of the groundwater body including the extent and type of geological units, C 343/26 EN Official Journal of the European Communities 30. 11. 1999 - hydrogeological characteristics of the groundwater body including hydraulic conductivity, porosity and confinement, - characteristics of the superficial deposits and soils in the catchment from which the groundwater body receives its recharge, including the thickness, porosity, hydraulic conductivity, and absorptive properties of the deposits and soils, - stratification characteristics of the groundwater within the groundwater body, - an inventory of associated surface systems, including terrestrial ecosystems and bodies of surface water, with which the groundwater body is dynamically linked, - estimates of the directions and rates of exchange of water between the groundwater body and associated surface systems, and - sufficient data to calculate the long-term annual average rate of overall recharge. 2. 3. Review of the impact of human activity on groundwaters For those bodies of groundwater which cross the boundary between two ore more Member States or are identified following the initial characterisation undertaken in accordance with point 2. 1 as being at risk of failing to meet the objectives set for each body under Article 4, the following information shall, where relevant, be collected and maintained for each groundwater body: - 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 serving more than 50 persons, - the annual average rates of abstraction from such points, - the chemical composition of water abstracted from the groundwater body, - the location of points in the groundwater body into which water is directly discharged, - the rates of discharge at such points, - the chemical composition of discharges to the groundwater body, and - land use in the catchment or catchments from which the groundwater body receives its recharge, including anthropogenic alterations to the recharge characteristics such as rainwater and run-off diversion through land sealing, artificial recharge, damming or drainage. 2. 4. Review of the impact of changes in groundwater levels Member States shall also identify those bodies of groundwater for which lower objectives are to be specified under Article 4 including as a result of consideration of the effects of the status of the body on: (i) surface water and associated terrestrial ecosystems; (ii) water regulation, flood protection and land drainage; (iii) human development. 30. 11. 1999 EN Official Journal of the European Communities C 343/27 ANNEX III ECONOMIC ANALYSIS The economic analysis shall contain enough information in sufficient detail (taking account of the costs associated with the collection of relevant data) in order to: (a) make the relevant calculations necessary for taking into account under Article 9 the principle of recovery of the costs of water services, taking account of long-term forecasts of supply and demand for water in the river basin district and, where necessary: - estimates of the volume, prices and costs associated with water services, and - estimates of relevant investment including forecasts of such investments; (b) make judgements about the most cost-effective combination of measures in respect of water uses to be included in the programme of measures under Article 11 based on estimates of the potential costs of such measures. C 343/28 EN Official Journal of the European Communities 30. 11. 1999 ANNEX IV PROTECTED AREAS 1. The register of protected areas required under Article 6 shall include the following types of protected areas: (i) areas designated for the abstraction of water intended for human consumption under Article 7; (ii) areas designated for the protection of economically significant aquatic species; (iii) bodies of water designated as recreational waters, including areas designated as bathing waters under Directive 76/160/EEC; (iv) nutrient-sensitive areas, including areas designated as vulnerable zones under Directive 91/676/EEC and areas designated as sensitive areas under Directive 91/271/EEC; and (v) areas designated for the protection of habitats or species where the maintenance or improvement of the status of water is an important factor in their protection, including relevant Natura 2000 sites designated under Council Directive 92/43/EEC (1) and Directive 79/409/EEC (2). 2. The summary of the register required as part of the river basin management plan shall include maps indicating the location of each protected area and a description of the Community, national or local legislation under which they have been designated. (1) OJ L 206, 22. 7. 1992, p. 7. Directive as last amended by Directive 97/62/EC (OJ L 305, 8. 11. 1997, p. 42). (2) OJ L 103, 25. 4. 1979, p. 1. Directive as last amended by Directive 97/49/EC (OJ L 223, 13. 8. 1997, p. 9). 30. 11. 1999 EN Official Journal of the European Communities C 343/29 ANNEX V 1. SURFACE WATER STATUS 1. 1. Quality elements for the classification of ecological status 1. 1. 1. Rivers 1. 1. 2. Lakes 1. 1. 3. Transitional waters 1. 1. 4. Coastal waters 1. 1. 5. Artificial and heavily modified surface water bodies 1. 2. Normative definitions of ecological status classifications 1. 2. 1. Definitions for high, good and moderate ecological status in rivers 1. 2. 2. Definitions for high, good and moderate ecological status in lakes 1. 2. 3. Definitions for high, good and moderate ecological status in transitional waters 1. 2. 4. Definitions for high, good and moderate ecological status in coastal waters 1. 2. 5. Definitions for maximum, good and moderate ecological potential for heavily modified or artificial water bodies 1. 2. 6. Procedure for the setting of chemical quality standards by Member States 1. 3. Monitoring of ecological status and chemical status for surface waters 1. 3. 1. Design of surveillance monitoring 1. 3. 2. Design of operational monitoring 1. 3. 3. Design of investigative monitoring 1. 3. 4. Frequency of monitoring 1. 3. 5. Additional monitoring requirements for protected areas 1. 3. 6. Standards for monitoring of quality elements 1. 4. Classification and presentation of ecological status 1. 4. 1. Comparability of biological monitoring results 1. 4. 2. Presentation of monitoring results and classification of ecological status and ecological potential 1. 4. 3. Presentation of monitoring results and classification of chemical status 2. GROUNDWATER 2. 1. Groundwater quantitative status 2. 1. 1. Parameter for the classification of quantitative status 2. 1. 2. Definition of quantitative status 2. 2. Monitoring of groundwater quantitative status 2. 2. 1. Groundwater level monitoring network 2. 2. 2. Density of monitoring sites 2. 2. 3. Monitoring frequency 2. 2. 4. Interpretation and presentation of groundwater quantitative status 2. 3. Groundwater chemical status 2. 3. 1. Parameters for the determination of groundwater chemical status 2. 3. 2. Definition of good groundwater chemical status 2. 4. Monitoring of groundwater chemical status 2. 4. 1. Groundwater monitoring network 2. 4. 2. Surveillance monitoring 2. 4. 3. Operational monitoring 2. 4. 4. Identification of trends in pollutants 2. 4. 5. Interpretation and presentation of groundwater chemical status 2. 5. Presentation of groundwater status C 343/30 EN Official Journal of the European Communities 30. 11. 1999 1. SURFACE WATER STATUS 1. 1. Quality elements for the classification of ecological status 1. 1. 1. Rivers B i o l o g i c a l e l e m e n t s Composition and abundance of aquatic flora Composition and abundance of benthic invertebrate fauna Composition, abundance and age structure of fish fauna H y d r o m o r p h o l o g i c a l e l e m e n t s s u p p o r t i n g t h e b i o l o g i c a l e l e m e n t s Hydrological regime: - quantity and dynamics of water flow, - connection to ground water bodies. River continuity Morphological conditions: - river depth and width variation, - structure and substrate of the river bed, - structure of the riparian zone. C h e m i c a l a n d p h y s i c o - c h e m i c a l e l e m e n t s s u p p o r t i n g t h e b i o l o g i c a l e l e m e n t s General: - thermal conditions, - oxygenation conditions, - salinity, - acidification status, - nutrient conditions. Specific pollutants: - pollution by all priority substances identified as being discharged into the body of water, - pollution by other substances identified as being discharged in significant quantities into the body of water. 1. 1. 2. Lakes B i o l o g i c a l e l e m e n t s Composition, abundance and biomass of phytoplankton Composition and abundance of other aquatic flora Composition and abundance of benthic invertebrate fauna Composition, abundance and age structure of fish fauna 30. 11. 1999 EN Official Journal of the European Communities C 343/31 H y d r o m o r p h o l o g i c a l e l e m e n t s s u p p o r t i n g t h e b i o l o g i c a l e l e m e n t s Hydrological regime: - quantity and dynamics of water flow, - residence time, - connection to the ground water body. Morphological conditions: - lake depth variation, - quantity, structure and substrate of the lake bed, - structure of the lake shore. C h e m i c a l a n d p h y s i c o - c h e m i c a l e l e m e n t s s u p p o r t i n g t h e b i o l o g i c a l e l e m e n t s General: - transparency, - thermal conditions, - oxygenation conditions, - salinity, - acidification status, - nutrient conditions. Specific pollutants: - pollution by all priority substances identified as being discharged into the body of water, - pollution by other substances identified as being discharged in significant quantities into the body of water. 1. 1. 3. Transitional waters B i o l o g i c a l e l e m e n t s Composition, abundance and biomass of phytoplankton Composition and abundance of other aquatic flora Composition and abundance of benthic invertebrate fauna Composition and abundance of fish fauna H y d r o m o r p h o l o g i c a l e l e m e n t s s u p p o r t i n g t h e b i o l o g i c a l e l e m e n t s Morphological conditions: - depth variation, - quantity, structure and substrate of the bed, - structure of the inter-tidal zone. C 343/32 EN Official Journal of the European Communities 30. 11. 1999 Tidal regime: - freshwater flow, - wave exposure. C h e m i c a l a n d p h y s i c o - c h e m i c a l e l e m e n t s s u p p o r t i n g t h e b i o l o g i c a l e l e m e n t s General: - transparency, - thermal conditions, - oxygenation conditions, - salinity, - nutrient conditions. Specific pollutants: - pollution by all priority substances identified as being discharged into the body of water, - pollution by other substances identified as being discharged in significant quantities into the body of water. 1. 1. 4. Coastal waters B i o l o g i c a l e l e m e n t s Composition, abundance and biomass of phytoplankton Composition and abundance of other aquatic flora Composition and abundance of benthic invertebrate fauna H y d r o m o r p h o l o g i c a l e l e m e n t s s u p p o r t i n g t h e b i o l o g i c a l e l e m e n t s Morphological conditions: - depth variation, - structure and substrate of the coastal bed, - structure of the inter-tidal zone. Tidal regime: - direction of dominant currents, - wave exposure. C h e m i c a l a n d p h y s i c o - c h e m i c a l e l e m e n t s s u p p o r t i n g t h e b i o l o g i c a l e l e m e n t s General: - transparency, - thermal conditions, - oxygenation conditions, - salinity, - nutrient conditions. 30. 11. 1999 EN Official Journal of the European Communities C 343/33 Specific pollutants: - pollution by all priority substances identified as being discharged into the body of water, - pollution by other substances identified as being discharged in significant quantities into the body of water. 1. 1. 5. Artificial and heavily modified surface water bodies The quality elements applicable to artificial and heavily modified surface water bodies shall be those applicable to whichever of the four natural surface water categories above most closely resembles the heavily modified or artificial water body concerned. 1. 2. Normative definitions of ecological status classifications General definition for rivers, lakes transitional waters and coastal waters Table 1. 2. The following text provides the general definition of ecological quality. For the purposes of classification the values for the quality elements for ecological status for each surface water category are those given in Tables 1. 2. 1-1. 2. 4 below. Element High status Good status Moderate status General There are no, or only very minor, anthropogenic the physico-chemical and alterations to the values of hydromorphological quality elements the surface water body type from those normally associated with that type under undisturbed conditions. for The values of the biological quality elements for the surface water body type show low levels of distortion resulting from human activity, but deviate only slightly from those normally associated with the surface water body type under undisturbed conditions. The values of the biological quality elements for the surface water body reflect those normally associated with that type under undisturbed conditions, and show no, or only very minor, evidence of distortion. These are the type-specific conditions and communities. Waters achieving a status below moderate shall be classified as poor or bad. the biological quality elements for The values of the surface water body type deviate moderately from those normally associated with the surface water body type under undisturbed conditions. The values show moderate signs of distortion resulting from human activity and are significantly more disturbed than under conditions of good status. Waters showing evidence of major alterations to the values of the biological quality elements for the surface water body type and in which the relevant biological communities deviate substantially from those normally associated with the surface water body type under undisturbed conditions, shall be classified as poor. Waters showing evidence of severe alterations to the values of the biological quality elements for the surface water body type and in which large portions of the relevant biological communities normally associated with the surface water body type under undisturbed conditions are absent, shall be classified as bad. C 3 4 3 / 3 4 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n C o m m u n i t i e s. 3 0 1 1 1 9 9 9. Biological quality elements Table 1. 2. 1. Definitions for high, good and moderate ecological status in rivers Element High status Good status Moderate status. 3 0 1 1 1 9 9 9. Phytoplankton Macrophytes and phytobenthos taxonomic composition phytoplankton totally or nearly totally to undisturbed of The corresponds conditions. average phytoplankton is wholly The consistent with physico-chemical conditions and is not such as to significantly alter the type-specific transparency conditions. type-specific abundance the Planktonic blooms occur at a frequency and intensity which type-specific physico-chemical conditions. consistent with the is taxonomic The nearly totally to undisturbed conditions. composition corresponds totally or are no detectable There macrophytic and the average phytobenthic abundance. changes in the average in the taxa changes slight of planktonic composition and There are abundance the type-specific communities. Such changes do not indicate any accelerated growth of algae resulting in undesirable disturbances to the balance of organisms present in the water body or to the physico-chemical quality of the water or sediment. compared to A slight increase in the frequency and intensity of the type-specific planktonic blooms may occur. in the changes type-specific and phytobenthic communities. composition and slight There are taxa abundance of macrophytic Such compared to the changes do not indicate any accelerated growth of phytobenthos or higher forms of plant life resulting in undesirable disturbances to the balance of organisms present in the water body or to the physico-chemical quality of the water or sediment. The phytobenthic community is not adversely affected by bacterial tufts and coats present due to anthropogenic activity. Benthic invertebrate fauna The taxonomic composition and abundance correspond totally or nearly totally to undisturbed conditions. The ratio of disturbance sensitive taxa to insensitive taxa shows no signs of alteration from undisturbed levels. The level of diversity of invertebrate taxa shows no sign of alteration from undisturbed levels. There are abundance of communities. slight changes composition and invertebrate taxa from the type-specific in the The ratio of disturbance sensitive taxa to insensitive taxa shows slight alteration from type-specific levels. The level of diversity of invertebrate taxa shows slight signs of alteration from type-specific levels. The composition of planktonic taxa differs moderately from the type-specific communities. Abundance is moderately disturbed and may be such as to produce a significant undesirable disturbance in the values of other biological and physico-chemical quality elements. A moderate increase in the frequency and intensity of planktonic blooms may occur. Persistent blooms may occur during summer months. The composition of macrophytic and phytobenthic taxa differs moderately from the type-specific community and is significantly more distorted than at good status. Moderate changes in the average macrophytic and the average phytobenthic abundance are evident. The phytobenthic community may be interfered with and, in some areas, displaced by bacterial tufts and coats present as a result of anthropogenic activities. The composition and abundance of invertebrate taxa differ moderately from the type-specific communities. Major taxonomic groups of the type-specific community are absent. The ratio of disturbance sensitive taxa to insentitive taxa, and the level of diversity, are substantially lower than the type-specific level and significantly lower than for good status. E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n C o m m u n i t i e s C 3 4 3 / 3 5 Element High status Good status Moderate status Fish fauna Species composition and abundance correspond totally or nearly totally to undisturbed conditions. the type-specific disturbance sensitive species are All present. The age structures of the fish communities show little sign of anthropogenic disturbance and are not indicative of a failure in the reproduction or development of any particular species. are slight changes There and abundance attributable chemical and hydromorphological quality elements. in species from the type-specific composition communities impacts on physico- to anthropogenic fish species differ The composition and abundance of moderately from the type-specific communities attributable to or hydromorphological quality elements. physico-chemical anthropogenic impacts on attributable the fish communities The age structures of show to anthropogenic signs of disturbance impacts on physico-chemical or hydromorphological are quality in or the indicative in development of a particular to the extent species, that some age classes may be missing. few instances, reproduction elements, a of and, failure a The age structure of the fish communities shows major signs of anthropogenic disturbance, to the extent that a moderate proportion of the type-specific species are absent or of very low abundance. Hydromorphological quality elements Element High status Good status Moderate status Hydrological regime The quantity and dynamics of flow, and the resultant connection to groundwaters, reflect totally, or nearly totally, undisturbed conditions. Conditions consistent with the achievement of the values specified above for the biological quality elements. Conditions consistent with the achievement of the values specified above for the biological quality elements. River continuity continuity of The anthropogenic migration of aquatic organisms and sediment transport. is not disturbed by undisturbed the activities river and allows Conditions consistent with the archievement of the values specified above for the biological quality elements. Conditions consistent with the achievement of the values specified above for the biological quality elements. Morphological conditions Channel patterns, width and depth variations, flow velocities, substrate conditions and both the structure and condition of the riparian zones correspond totally or nearly totally to undisturbed conditions. Conditions consistent with the achievement of the values specified above for the biological quality elements. Conditions consistent with the achievement of the values specified above for the biological quality elements. C 3 4 3 / 3 6 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n C o m m u n i t i e s. 3 0 1 1 1 9 9 9. Physico-chemical quality elements (1) Element High status Good status Moderate status General conditions The values of the physico-chemical elements correspond totally or nearly totally to undisturbed conditions. Nutrient the normally associated with undisturbed conditions. remain within concentrations range Temperature, oxygen balance, pH, acid neutralising capacity and salinity do not reach levels outside the range established so as to ensure the functioning of the type-specific ecosystem and the achievement of the values specified above for the biological quality elements. Conditions consistent with the achievement of the values specified above for the biological quality elements. Levels of salinity, pH, oxygen balance, acid neutralising capacity and temperature do not show signs of anthropogenic disturbance and remain with the range normally associated with undisturbed conditions. concentrations do not levels Nutrient established so as the ecosystem and the achievement of the values specified above for the biological quality elements. to ensure the functioning of exceed the Specific synthetic pollutants Concentrations close to zero and at least below the limits of detection of the most advanced analytical techniques in general use. Concentrations not in in excess of accordance with the procedure detailed in Section 1. 2. 6 without prejudice to Directive 91/414/EEC and Directive 98/8/EC (< eqs). the standards set Conditions consistent with the achievement of the values specified above for the biological quality elements. Specific non-synthetic pollutants Concentrations associated with undisturbed conditions levels = bgl). remain within the range normally (background in in excess of Concentrations not accordance with the procedure detailed in Section 1. 2. 6 without prejudice to Directive 91/414/EEC and Directive 98/8/EC (< eqs). the standards set Conditions consistent with the achievement of the values specified above for the biological quality elements. (1) The following abbreviations are used: bgl = background level, eqs = environmental quality standard. (2) Application of the standards derived under this Protocol shall not require reduction of pollutant concentrations below (eqs > bgl). 3 0 1 1 1 9 9 9. E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n C o m m u n i t i e s C 3 4 3 / 3 7 Biological quality elements Table 1. 2. 2. Definitions for high, good and moderate ecological status in lakes Element High status Good status Moderate status Phytoplankton Macrophytes and phytobenthos taxonomic The of phytoplankton correspond totally or nearly totally to undisturbed conditions. composition abundance and The average phytoplankton biomass is consistent with the type-specific physico-chemical conditions and is not such as specific to transparency conditions. significantly alter type the Planktonic blooms occur at a frequency and intensity specific which physico-chemical conditions. consistent with type the is taxonomic The nearly totally to undisturbed conditions. composition corresponds totally or are no detectable There macrophytic and the average phytobenthic abundance. changes in the average in the taxa slight changes of planktonic composition and There are abundance the type-specific communities. Such changes do not indicate any accelerated growth of algae resulting in undesirable disturbance to the balance of organisms present in the water body or to the physico-chemical quality of the water or sediment. compared to A slight increase in the frequency and intensity of the type specific planktonic blooms may occur. in the changes type-specific and phytobenthic communities. composition and There are slight taxa abundance of macrophytic Such compared to the changes do not indicate any accelerated growth of phytobenthos or higher forms of plant life resulting in undesirable disturbance to the balance of organisms present in the water body or to the physico-chemical quality of the water. The phytobenthic community is not adversely affected by bacterial tufts and coats present due to anthropogenic activity. The composition and abundance of planktonic taxa differ moderately from the type-specific communities. Biomass is moderately disturbed and may be such as to in the produce a significant undesirable disturbance condition of other biological quality elements and the physico-chemical quality of the water or sediment. A moderate increase in the frequency and intensity of planktonic blooms may occur. Persistent blooms may occur during summer months. The composition of macrophytic and phytobenthic taxa differ moderately from the type-specific communities and are significantly more distorted than those observed at good quality. Moderate changes in the average macrophytic and the average phytobenthic abundance are evident. The phytobenthic community may be interfered with and, tufts and coats in some areas, displaced by bacterial present as a result of anthropogenic activities. C 3 4 3 / 3 8 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n C o m m u n i t i e s Benthic invertebrate fauna The taxonomic composition and abundance correspond totally or nearly totally to the undisturbed conditions. The ratio of disturbance sensitive taxa to intensive taxa shows no signs of alteration from undisturbed levels. The level of diversity of invertebrate taxa shows no sign of alteration from undisturbed levels. slight There are abundance of type-specific communities. changes invertebrate in the taxa composition and compared to the The composition and abundance of invertebrate taxa differ moderately from the type-specific conditions. The ratio of disturbance sensitive taxa to insensitive taxa shows slight signs of alteration from type specific levels. The level of diversity of invertebrate taxa shows slight signs of alteration from type-specific levels. Major taxonomic groups of the type-specific community are absent. The ratio of disturbance sensitive to insensitive taxa, and the level of diversity, are substantially lower than the type specific level and significantly lower than for good status. 3 0 1 1 1 9 9 9. Element High status Good status Moderate status Fish fauna Species composition and abundance correspond totally or nearly totally to undisturbed conditions. All the type-specific sensitive species are present. The age structures of the fish communities show little sign of anthropogenic disturbance and are not indicative of a failure in the reproduction or development of a particular species. There are slight changes in species composition and communities type abundance from the specific attributable impacts on physico- to anthropogenic chemical or hydromorphological quality elements. attributable the fish communities show The age structures of signs of disturbance to anthropogenic impacts on physico-chemical or hydromorphological are quality in or the indicative in development of a particular to the extent species, that some age classes may be missing. few instances, reproduction elements, a of and, failure a The composition and abundance of fish species differ moderately from the type specific communities attributable to or hydromorphological quality elements. physico-chemical anthropogenic impacts on The age structure of the fish communities shows major signs of disturbance, attributable to anthropogenic impacts quality on elements, to the extent that a moderate proportion of the type specific species are absent or of very low abundance. hydromorphological physico-chemical or Hydromorphological quality elements Element High status Good status Moderate status Hydrological regime The quantity and dynamics of flow, level, residence time, and the resultant connection to groundwaters, reflect totally or nearly totally undisturbed conditions. Conditions consistent with the achievement of the values specified above for the biological quality elements. Conditions consistent with the achievement of the values specified above for the biological quality elements. Morphological conditions Lake depth variation, quantity and structure of the substrate, and both the structure and condition of the lake shore zone correspond totally or nearly totally to undisturbed conditions. Conditions consistent with the achievement of the values specified above for the biological quality elements. Conditions consistent with the achievement of the values specified above for the biological quality elements. 3 0 1 1 1 9 9 9. E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n C o m m u n i t i e s C 3 4 3 / 3 9 Physico-chemical quality elements (1) Element High status Good status Moderate status General conditions The values of physico-chemical elements correspond totally or nearly totally to undisturbed conditions. Nutrient the normally associated with undisturbed conditions. remain within concentrations range Levels of salinity, pH, oxygen balance, acid neutralising capacity, transparency and temperature do not show signs of anthropogenic disturbance and remain within the undisturbed range conditions. associated with normally Temperature, oxygen balance, pH, acid neutralising capacity, transparency and salinity do not reach levels to ensure the outside the range established so as functioning of the ecosystem and the achievement of the values specified above for the biological quality elements. Conditions consistent with the achievement of the values specified above for the biological quality elements. concentrations do not levels Nutrient established so as the ecosystem and the achievement of the values specified above for the biological quality elements. to ensure the functioning of exceed the Specific synthetic pollutants Concentrations close to zero and at least below the limits of detection of the most advanced analytical techniques in general use. Concentrations not in in excess of accordance with the procedure detailed in Section 1. 2. 6 without prejudice to Directive 91/414/EEC and Directive 98/8/EC (< eqs). the standards set Conditions consistent with the achievement of the values specified above for the biological quality elements. Specific non-synthetic pollutants Concentrations associated with undisturbed conditions levels = bgl). remain within the range normally (background in in excess of Concentrations not accordance with the procedure detailed in Section 1. 2. 6 (2) without prejudice to Directive 91/414/EEC and Directive 98/8/EC (< eqs). the standards set Conditions consistent with the achievement of the values specified above for the biological quality elements. (1) The following abbreviations are used: bgl = background level, eqs = environmental quality standard. (2) Application of the standards derived under this Protocol shall not require reduction of pollutant concentrations below background levels. C 3 4 3 / 4 0 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n C o m m u n i t i e s. 3 0 1 1 1 9 9 9. Biological quality elements Definitions for high, good and moderate ecological status in transitional waters Table 1. 2. 3. Element High status Good status Moderate status. 3 0 1 1 1 9 9 9. Phytoplankton composition the The phytoploanktonic taxa are consistent with undisturbed conditions. abundance and of The average phytoplankton biomass is consistent with the type-specific physico-chemical conditions and is not such type-specific to transparency conditions. significantly alter the as Planktonic blooms occur at a frequency and intensity which type-specific physico-chemical conditions. consistent with the is Macroalgae The composition of macroalgal taxa is consistent with undisturbed conditions. There are no detectable changes in macroalgal cover due to anthropogenic activities. Angiosperms taxonomic The nearly totally to undisturbed conditions. composition corresponds totally or are no detectable There abundance due to anthropogenic activities. changes in angiosperm There are abundance of phytoplanktonic taxa. changes slight in the composition and The composition and abundance of phytoplanktonic taxa differ moderately from type-specific conditions. There are slight changes in biomass compared to the type-specific conditions. Such changes do not indicate any accelerated growth of algae resulting in undesirable disturbance to the balance of organisms present in the water body or to the physico-chemical quality of the water. A slight increase in the frequency and intensity of the type-specific planctonic blooms may occur. Biomass is moderately disturbed and may be such as to produce a significant undesirable disturbance in the condition of other biological quality elements. A moderate increase in the frequency and intensity of planktonic blooms may occur. Persistent blooms may occur during summer months. slight in the taxa composition and There are changes abundance of macroalgal to the type-specific communities. Such changes do not indicate any accelerated growth of phytobenthos or higher forms of plant life resulting in undesirable disturbance to the balance of organisms present in the water body or to the physico-chemical quality of the water. compared The composition of macroalgal taxa differs moderately from type-specific conditions and is significantly more distorted than at good quality. Moderate changes in the average macroalgal abundance are evident and may be such as to result in an undesirable disturbance to the balance of organisms present in the water body. There slight are angiosperm taxa communities. changes compared in the to composition of type-specific the The composition of the angiosperm taxa differs moderately from the type-specific communities and is significantly more distorted than at good quality. Angiosperm abundance disturbance. shows slight signs of There are moderate distortions angiosperm taxa. in the abundance of E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n C o m m u n i t i e s C 3 4 3 / 4 1 Element High status Good status Moderate status Benthic invertebrate fauna The level of diversity and abundance of invertebrate taxa is within the range normally associated with undisturbed conditions. The level of diversity and abundance of invertebrate taxa is associated with the slightly outside type-specific conditions. range the The level of diversity and abundance of invertebrate taxa is moderately the type-specific conditions. associated with outside range the the disturbance All undisturbed conditions are present. sensitive taxa associated with of Most sensitive the communities are present. taxa of the type-specific Taxa indicative of pollution are present. Many of the sensitive taxa of the type-specific communities are absent. Fish fauna Species composition and abundance is consistent with undisturbed conditions. the disturbance sensitive species The abundance of shows signs of distortion from type-specific slight conditions attributable to anthropogenic impacts on physico-chemical quality elements. hydromorphological or A moderate proportion of the type-specific disturbance sensitive species are absent as a result of anthropogenic impacts on physico-chemical or hydromorphological quality elements. Hydromorphological quality elements Element High status Good status Moderate status Tidal regime The freshwater flow regime corresponds totally or nearly totally to undisturbed conditions. Conditions consistent with the achievement of the values specified above for the biological quality elements Conditions consistent with the achievement of the values specified above for the biological quality elements. C 3 4 3 / 4 2 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n C o m m u n i t i e s Morphological conditions Depth variations, substrate conditions, and both the structure zones correspond totally or nearly totally to undisturbed conditions. condition of inter-tidal and the Conditions consistent with the achievement of the values specified above for the biological quality elements. Conditions consistent with the achievement of the values specified above for the biological quality elements. 3 0 1 1 1 9 9 9. Physico-chemical quality elements (1) Element High status Good status Moderate status General conditions Physico-chemical elements correspond totally or nearly totally to undisturbed conditions. Nutrient the normally associated with undisturbed conditions. remain within concentrations range Temperature, oxygenation conditions and transparency do not reach levels outside the ranges established so as the ecosystem and the to ensure the functioning of achievement of the biological quality elements. specified above for the values Conditions consistent with the achievement of the values specified above for the biological quality elements. Temperature, oxygen balance and transparency do not show signs of anthropogenic disturbance and remain within the range normally associated with undisturbed conditions. concentrations do not levels Nutrient established so as the ecosystem and the achievement of the values specified above for the biological quality elements. to ensure the functioning of exceed the Specific synthetic pollutants Concentrations close to zero and at least below the limits of detection of the most advanced analytical techniques in general use. Concentrations not in in excess of accordance with the procedure detailed in Section 1. 2. 6 without prejudice to Directive 91/414/EEC and Directive 98/8/EC (< eqs). the standards set Conditions consistent with the achievement of the values specified above for the biological quality elements. Specific non-synthetic pollutants Concentrations associated with undisturbed conditions levels = bgl). remain within the range normally (backgound Concentrations not in in excess of accordance with the procedure detailed in Section 1. 2. 6 (2) without prejudice to Directive 91/414/EEC and Directive 98/8/EC (< eqs). the standards set Conditions consistent with the achievement of the values specified above for the biological quality elements. (1) The following abbreviations are used: bgl = background level, eqs = environmental quality standard. (2) Application of the standards derived under this Protocol shall not require reduction of pollutant concentrations below background levels. 3 0 1 1 1 9 9 9. E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n C o m m u n i t i e s C 3 4 3 / 4 3 Biological quality elements Definitions for high, good and moderate ecological status in coastal waters Table 1. 2. 4. Element High status Good status Moderate status Phytoplankton The composition and abundance of phytoplanktonic taxa are consistent with undisturbed conditions. The composition and abundance of phytoplanktonic taxa show slight signs of disturbance. The composition and abundance of planktonic taxa show signs of moderate disturbance. The average phytoplankton biomass is consistent with the type-specific physico-chemical conditions and is the type-specific not transparancy conditions. to significantly alter such as Planktonic blooms occur at a frequency and intensity which is consistent with the type-specific physico- chemical conditions. There are slight changes in biomass compared to type-specific conditions. Such changes do not indicate any accelerated growth of algae resulting in undesirable disturbance to the balance of organisms present in the water body or to the quality of the water. A slight increase in the frequency and intensity of the type-specific planktonic blooms may occur. Algal biomass is substantially outside the range associated with type-specific conditions, and is such as to impact upon other biological quality elements. A moderate increase in the frequency and intensity of planktonic blooms may occur. Persistent blooms may occur during summer months. Macroalgae and angiosperms All disturbance sensitive macroalgal and angiosperm taxa associated with undisturbed conditions are present. Most disturbance sensitive macroalgal and angiosperm taxa associated with undisturbed conditions are present. levels of macroalgal The abundance are consistent with undisturbed conditions. cover angiosperm and level The and of macroalgal abundance show slight signs of disturbance. cover angiosperm number A moderate macroalgal undisturbed conditions are absent. and angiosperm taxa the of disturbance sensitive associated with Macroalgal cover and angiosperm abundance is moderately disturbed and may be such as to result in an undesirable disturbance to the balance of organisms present in the water body. Benthic invertebrate fauna The level of diversity and abundance of invertebrate taxa is within the range normally associated with undisturbed conditions. The level of diversity and abundance of invertebrate taxa associated with the slightly outside is type-specific conditions. range the The level of diversity and abundance of invertebrate taxa is the moderately type-specific conditions. associated with outside range the the disturbance All undisturbed conditions are present. sensitive taxa associated with of Most sensitive the communities are present. taxa of the type-specific Taxa indicative of pollution are present. Many of the sensitive taxa of the type-specific communities are absent. C 3 4 3 / 4 4 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n C o m m u n i t i e s. 3 0 1 1 1 9 9 9. Hydromorphological quality elements Element High status Good status Moderate status Tidal regime Morphological conditions The freshwater flow regime and the direction and speed of dominant currents correspond totally or nearly totally to undisturbed conditions. Conditions consistent with the achievement of the values specified above for the biological quality elements. Conditions consistent with the achievement of the values specified above for the biological quality elements. structure and substrate of the The depth variation, coastal bed, and both the structure and condition of the intertidal zones correspond totally or nearly totally to the undisturbed conditions. Conditions consistent with the achievement of the values specified above for the biological quality elements. Conditions consistent with the achievement of the values specified above for the biological quality elements. Physico-chemical quality elements (1) Element High status Good status Moderate status General conditions The physico-chemical elements correspond totally or nearly totally to undisturbed conditions. the Nutrient normally associated with undisturbed conditions. remain within concentrations range Temperature, oxygenation conditions and transparency do not reach levels outside the ranges established so as the ecosystem and the to ensure the functioning of achievement of the biological quality elements. specified above for the values Conditions consistent with the achievement of the values specified above for the biological quality elements. Temperature, oxygen balance and transparency do not show signs of anthropogenic disturbance and remain within the ranges normally associated with undisturbed conditions. concentrations do not levels Nutrient established so as the ecosystem and the achievement of the values specified above for the biological quality elements. to ensure the functioning of exceed the Specific synthetic pollutants Concentrations close to zero and at least below the limits of detection of the most advanced analytical techniques in general use. in in excess of Concentrations not accordance with the procedure detailed in Section 1. 2. 6 without prejudice to Directive 91/414/EEC and Directive 98/8/EC (< eqs). the standards set Conditions consistent with the achievement of the values specified above for the biological quality elements. Specific non-synthetic pollutants Concentrations associated with undisturbed conditions levels = bgl). remain within the range normally (background Concentrations not in in excess of accordance with the procedure detailed in Section 1. 2. 6 (2) without prejudice to Directive 91/414/EEC and Directive 98/8/EC (< eqs). the standards set Conditions consistent with the achievement of the values specified for the biological quality elements. The following abbreviations are used: bgl = background level, eqs = environmental quality standard. (1) (2) Application of the standards derived under this Protocol shall not require reduction of pollutant concentrations below background levels. 3 0 1 1 1 9 9 9. E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n C o m m u n i t i e s C 3 4 3 / 4 5 Definitions for maximum, good and moderate ecological potential for heavily modified or artificial water bodies (1) Table 1. 2. 5. Element Maximum ecological potential Good ecological potential Moderate ecological potential Biological quality elements The values of the relevant biological quality elements reflect, as far as possible, those associated with the closest comparable surface water body type, given the physical conditions which result from the artificial or heavily modified characteristics of the water body. There are slight changes in the values of the relevant biological quality elements as compared to the values found at maximum ecological potential. There are moderate changes in the values of the relevant biological quality elements as compared to the values found at maximum ecological potential. These values are significantly more distorted than those found under good quality. Hydromorphological elements The hydromorphological conditions are consistent with the only impacts on the surface water body being those resulting or heavily modified artificial characteristics of the water body once all practicable mitigation measures having been taken. from the Conditions consistent with the achievement of the values specified above for the biological quality elements. Conditions consistent with the achievement of the values specified above for the biological quality elements. Physico-chemical elements General conditions Physico-chemical elements correspond totally or nearly totally to the undisturbed conditions associated with the surface water body type most closely comparable to the artificial or heavily modified body concerned. The values for physico-chemical elements are within the ranges established so as to ensure the functioning of the ecosystem and the achievement of the values specified above for the biological quality elements. Conditions consistent with the achievement of the values specified above for the biological quality elements. C 3 4 3 / 4 6 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n C o m m u n i t i e s Nutrient normally associated with such undisturbed conditions. remain within concentrations the range The levels of temperature, oxygen balance and pH are consistent with the those found in the most closely comparable surface water body types under undisturbed conditions. Temperature and pH do not reach levels outside the ranges established so as to ensure the functioning of the ecosystem and the achievement of the values specified above for the biological quality elements. concentrations do not levels Nutrient established so as the ecosystem and the achievement of the values specified above for the biological quality elements. to ensure the functioning of exceed the. 3 0 1 1 1 9 9 9. Element Maximum ecological potential Good ecological potential Moderate ecological potential Specific synthetic pollutants Concentrations close to zero and at least below the limits of detection of the most advanced analytical techniques in general use. Concentrations not in in excess of accordance with the procedure detailed in Section 1. 2. 6 without prejudice to Directive 91/414/EEC and Directive 98/8/EC (< eqs). the standards set Conditions consistent with the achievement of the values specified above for the biological quality elements. Specific non-synthetic pollutants Concentrations range normally remain within the associated with the undisturbed conditions found in the surface water body type most closely comparable to the artificial concerned or (background levels = bgl). heavily modified body Concentrations not in in excess of accordance with the procedure detailed in Section 1. 2. 6 (2) without prejudice to Directive 91/414/EEC and Directive 98/8/EC (< eqs). the standards set Conditions consistent with the achievement of the values specified above for the biological quality elements. The following abbreviations are used: bgl = background level, eqs = environmental quality standard. (1) (2) Application of the standards derived under this Protocol shall not require reduction of pollutant concentrations below background levels. 3 0 1 1 1 9 9 9. E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n C o m m u n i t i e s C 3 4 3 / 4 7 C 343/48 EN Official Journal of the European Communities 30. 11. 1999 1. 2. 6. Procedure for the setting of chemical quality standards by Member States In deriving environmental quality standards for pollutants listed in points 1-9 of Annex VIII for the protection of aquatic biota, Member States shall act in accordance with the following provisions. Standards may be set for water, sediment or biota. Where possible, both acute and chronic data shall be obtained for the taxa set out below which are relevant for the water body type concerned as well as any other aquatic taxa for which data are available. The ábase setí of taxa are: - algae and/or macrophytes, - daphnia or representative organisms for saline waters, - fish. S e t t i n g t h e e n v i r o n m e n t a l q u a l i t y s t a n d a r d The following procedure applies to the setting of a maximum annual average concentration: (i) Member States shall set appropriate safety factors in each case consistent with the nature and quality of the available data and the guidance given in Section 3. 3. 1 of Part II of Technical guidance document in support of Commission Directive 93/67/EEC on risk assessment for new notified substances and Commission Regulation (EC) No 1488/94 on risk assessment for existing substancesí and the safety factors set out in the table below: Safety factor At least one acute L(E)C50 from each of three trophic levels of the base-set 1 000 One chronic NOEC (either fish or daphnia or a representative organism for saline waters) 100 Two chronic NOECs from species representing two trophic levels (fish and/or daphnia or a representative organism for saline waters and/or algae) 50 Chronic NOECs from at three species (normally fish, daphnia or a representative organism for saline waters and algae) representing three trophic levels least 10 Other cases, precise safety factors to be calculated and applied including field data or model ecosystems, which allow more Case by case assessment (ii) where data on persistence and bioaccumulation are available, these shall be taken into account in deriving the final value of the environmental quality standard; (iii) the standard thus derived should be compared with any evidence from field studies. Where anomalies appear, the derivation shall be reviewed to allow a more precise safety factor to be calculated; (iv) the standard derived shall be subject to peer review and public consultation including to allow a more precise safety factor to be calculated. 30. 11. 1999 EN Official Journal of the European Communities C 343/49 1. 3. Monitoring of ecological status and chemical status for surface waters The surface water monitoring network shall be established in accordance with the requirements of Article 8. The monitoring network shall be designed so as to provide a coherent and comprehensive overview of ecological and chemical status within each river basin and shall permit classification of water bodies into five classes consistent with the normative definitions in Section 1. 2. Member States shall provide a map or maps showing the surface water monitoring network in the river basin management plan. On the basis of the characterisation and impact assessment carried out in accordance with Article 5 and Annex II, Member States shall for each period to which a river basin management plan applies, establish a surveillance monitoring programme and an operational monitoring programme. Member States may also need in some cases to establish programmes of investigative monitoring. Member States shall monitor parameters which are indicative of the status of each relevant quality element. In selecting parameters for biological quality elements, Member States shall identify the appropriate taxonomic level required to achieve adequate confidence and precision in the classification of the quality elements. Estimates of the level of confidence and precision of the results provided by the monitoring programmes shall be given in the plan. 1. 3. 1. Design of surveillance monitoring O b j e c t i v e Member States shall establish surveillance monitoring programmes to provide information for: - supplementing and validating the impact assessment procedure detailed in Annex II, - the efficient and effective design of future monitoring programmes, - the assessment of long-term changes in natural conditions, and - the assessment of long-term changes resulting from widespread anthropogenic activity. The results of such monitoring shall be reviewed and used, in combination with the impact assessment procedure described in Annex II, to determine requirements for monitoring programmes in the current and subsequent river basin management plans. S e l e c t i o n o f m o n i t o r i n g p o i n t s Surveillance monitoring shall be carried out of sufficient surface water bodies to provide an assessment of the overall surface water status within each catchment or sub catchments within the river basin district. In selecting these bodies, Member States shall ensure that, where appropriate, monitoring is carried out at points where: - the rate of water flow is significant within the river basin district as a whole; including points on large rivers where the catchment area is greater than 2 500 km2, - the volume of water present is significant within the river basin district, including large lakes and reservoirs, - significant bodies of water cross a Member State boundary, - sites are identified under the Information Exchange Decision 77/795/EEC, and at such other sites as are required to estimate the pollutant load which is transferred across Member State boundaries, and which is transferred into the marine environment. C 343/50 EN Official Journal of the European Communities 30. 11. 1999 S e l e c t i o n o f q u a l i t y e l e m e n t s Surveillance monitoring shall be carried out for each monitoring site for a period of one year during the period covered by a river basin management plan for: - parameters indicative of all biological quality elements, - parameters indicative of all hydromorphological quality elements, - parameters indicative of all general physico-chemical quality elements, - priority list pollutants which are discharged into the river basin or sub-basin, and - other pollutants discharged in significant quantities in the river basin or sub-basin, unless the previous surveillance monitoring exercise showed that the body concerned reached good status and there is no evidence from the review of impact of human activity under Annex II that the impacts on the body have changed. In these cases, surveillance monitoring shall be carried out once every three river basin management plans. 1. 3. 2. Design of operational monitoring Operational monitoring shall be undertaken in order to: - establish the status of those bodies identified as being at risk of failing to meet their environmental objectives, and - assess any changes in the status of such bodies resulting from the programmes of measures. The programme may be amended during the period of the river basin management plan in the light of information obtained as part of the requirements of Annex II or as part of this Annex, in particular to allow a reduction in frequency where an impact is found not to be significant or the relevant pressure is removed. S e l e c t i o n o f m o n i t o r i n g s i t e s Operational monitoring shall be carried out for all those bodies of water which on the basis of either the impact assessment carried out in accordance with Annex II or surveillance monitoring are identified as being at risk of failing to meet their environmental objectives under Article 4 and for those bodies of water into which priority list substances are discharged. Monitoring points shall be selected for priority list substances as specified in the legislation laying down the relevant environmental quality standard. In all other cases, including for priority list substances where no specific guidance is given in such legislation, monitoring points shall be selected as follows: - for bodies at risk from significant point source pressures, sufficient monitoring points within each body in order to assess the magnitude and impact of the point source. Where a body is subject to a number of point source pressures monitoring points may be selected to assess the magnitude and impact of these pressures as a whole, - for bodies at risk from significant diffuse source pressures, sufficient monitoring points within a selection of the bodies in order to assess the magnitude and impact of the diffuse source pressures. The selection of bodies shall be made such that they are representative of the relative risks of the occurrence of the diffuse source pressures, and of the relative risks of the failure to achieve good surface water status, - for bodies at risk from significant hydromorphological pressure, sufficient monitoring points within a selection of the bodies in order to assess the magnitude and impact of the hydromorphological pressures. The selection of bodies shall be indicative of the overall impact of the hydromorphological pressure to which all the bodies are subject. 30. 11. 1999 EN Official Journal of the European Communities C 343/51 S e l e c t i o n o f q u a l i t y e l e m e n t s In order to assess the magnitude of the pressure to which bodies of surface water are subject, Member States shall monitor for those quality elements which are indicative of the pressures to which the body or bodies are subject. In order to assess the impact of these pressures, Member States shall monitor as relevant: - parameters indicative of the biological quality element, or elements, most sensitive to the pressures to which the water bodies are subject, - all priority substances discharged, and other pollutants discharged in significant quantities, - parameters indicative of the hydromorphological quality element most sensitive to the pressure identified. 1. 3. 3. Design of investigative monitoring O b j e c t i v e Investigative monitoring shall be carried out: - where the reason for any exceedances is unknown, - where surveillance monitoring indicates that the objectives set under Article 4 for a body of water are not likely to be achieved and operational monitoring has not already been established, in order to ascertain the causes of a water body or water bodies failing to achieve the environmental objectives, or - to ascertain the magnitude and impacts of accidental pollution, and shall inform the establishment of a programme of measures for the achievement of the environmental objectives and specific measures necessary to remedy the effects of accidental pollution. 1. 3. 4. Frequency of monitoring the surveillance monitoring period, indicative of For physico-chemical quality elements given below should be applied unless greater intervals would be justified on the basis of technical knowledge and expert judgment. For biological or hydromorphological quality elements, monitoring shall be carried out at least once during the surveillance monitoring period. for monitoring parameters frequencies the For operational monitoring, the frequency of monitoring required for any parameter shall be determined by Member States so as to provide sufficient data for a reliable assessment of the status of the relevant quality element. As a guideline, monitoring should take place at intervals not exceeding those shown in the table below unless greater intervals would be justified on the basis of technical knowledge and expert judgment. Frequencies shall be chosen so as to achieve an acceptable level of confidence and precision. Estimates of the confidence and precision attained by the monitoring system used shall be stated in the river basin management plan. Monitoring frequencies shall be selected which take account of the variability in parameters resulting from both natural and anthropogenic conditions. The times at which monitoring is undertaken shall be selected so as to minimise the impact of seasonal variation on the results, and thus ensure that the results reflect changes C 343/52 EN Official Journal of the European Communities 30. 11. 1999 in the water body as a result of changes due to anthropogenic pressure. Additional monitoring during different season of the same year shall be carried out, where necessary, to achieve this objective. Quality element Rivers Lakes Transitional Coastal Biological Phytoplankton 6 months 6 months 6 months 6 months Other aquatic flora Macro invertebrates Fish Hydromorphological Continuity Hydrology Morphology Physico-chemical 3 years 3 years 3 years 3 years 3 years 3 years 3 years 3 years 3 years 3 years 3 years 6 years continuous 1 month 6 years 6 years 6 years 6 years Thermal conditions 3 months 3 months 3 months 3 months Oxygenation Salinity 3 months 3 months 3 months 3 months 3 months 3 months 3 months Nutrient status 3 months 3 months 3 months 3 months Acidification status 3 months 3 months Other pollutants 3 months 3 months 3 months 3 months Priority substances 1 month 1 month 1 month 1 month 1. 3. 5. Additional monitoring requirements for protected areas The monitoring programmes requirements. required above shall be supplemented in order to fulfil the following D r i n k i n g w a t e r a b s t r a c t i o n p o i n t s Bodies of surface water designated under Article 7 which provide more than 100 m3 a day as an average shall be designated as monitoring sites and shall be subject to such additional monitoring as may be necessary to meet the requirement of that Article. Such bodies shall be monitored for all priority substances discharged and all other substances discharged in significant quantities which could affect the status of the body of water and which are controlled under the provisions of the Drinking Water Directive. Monitoring shall be carried out in accordance with the frequencies set out below: Community served Frequency < 10 000 10 000 to 30 000 > 30 000 4 per year 8 per year 12 per year 30. 11. 1999 EN Official Journal of the European Communities C 343/53 H a b i t a t a n d s p e c i e s p r o t e c t i o n a r e a s Bodies of water forming these areas shall be included within the operational monitoring programme referred to above where, on the basis of the impact assessment and the surveillance monitoring, they are identified as being at risk of failing to meet their environmental objectives under Article 4. Monitoring shall be carried out to assess the magnitude and impact of all relevant significant pressures on these bodies and, where necessary, to assess changes in the status of such bodies resulting from the programmes of measures. Monitoring shall continue until the legislation under which they are designated and meet their objectives under Article 4. the areas satisfy the water-related requirements of 1. 3. 6. Standards for monitoring of quality elements Methods used for the monitoring of type parameters shall conform to the international standards listed below or such other national or international standards which will ensure the provision of data of an equivalent scientific quality and comparability. M a c r o i n v e r t e b r a t e s a m p l i n g ISO 5667-3: 1995 Water quality - Sampling - Part 3: Guidance on the preservation and handling of samples. EN 27828: 1994 EN 28265: 1994 Water quality - Methods for biological sampling - Guidance on hand net sampling of benthic macroinvertebrates. Water quality - Methods of biological sampling - Guidance on the design and use of quantitative samplers for benthic macroinvertebrates on stony substrata in shallow waters. EN ISO 9381: 1995 Water quality - Sampling in deep waters for macroinvertebrates - Guidance on the use of colonisation, qualitative and quantitative samplers. EN ISO 8689-1: 1999 EN ISO 8689-2: 1999 Biological classification of rivers Part I: Guidance on the interpretation of biological quality data from surveys of benthic macroinvertebrates in running waters. Biological classification of II: Guidance on the presentation of biological quality data from surveys of benthic macroinvertebrates in running waters. rivers Part M a c r o p h y t e s a m p l i n g Relevant CEN/ISO standards when developed. F i s h s a m p l i n g Relevant CEN/ISO standards when developed. D i a t o m s a m p l i n g Relevant CEN/ISO standards when developed. S t a n d a r d s f o r p h y s i c o - c h e m i c a l p a r a m e t e r s Any relevant CEN/ISO standards. S t a n d a r d s f o r h y d r o m o r p h o l o g i c a l p a r a m e t e r s Any relevant CEN/ISO standards. C 343/54 EN Official Journal of the European Communities 30. 11. 1999 1. 4. Classification and presentation of ecological status 1. 4. 1. Comparability of biological monitoring results (i) Member States shall establish monitoring systems for the purpose of estimating the values of the biological quality elements specified for each surface water category or for heavily modified and artificial bodies of surface water. In applying the procedure set out below to heavily modified or artificial water bodies, references to ecological status should be construed as references to ecological potential. Such systems may utilise particular species or groups of species which are representative of the quality element as a whole; (ii) (iii) (iv) (v) in order to ensure comparability of such monitoring systems, the results of the systems operated by each Member State shall be expressed as ecological quality ratios for the purposes of classification of ecological status. These ratios shall represent the relationship between the values of the biological parameters observed for a given body of surface water and the values for these parameters in the reference conditions applicable to that body. The ratio shall be expressed as a numerical value between zero and one, with high ecological status represented by values close to one and bad ecological status by values close to zero; each Member State shall divide the ecological quality ratio scale for their monitoring system for each surface water category into five classes ranging from high to bad ecological status, as defined in Section 1. 2, by assigning a numerical value to each of the boundaries between the classes. The value for the boundary between the classes of high and good status, and the value for the boundary between good and moderate status shall be established through the inter-calibration exercise described below; the Commission shall these class boundaries are established consistent with the normative definitions in Section 1. 2 and are comparable between Member States; facilitate this inter-calibration exercise in order to ensure that as part of this exercise the Commission shall facilitate an exchange of information between Member States leading to the identification of a range of sites in each ecoregion in the Community; these sites will form an inter-calibration network. The network shall consist of sites selected from a range of surface water body types present within each ecoregion. For each surface water body type selected, the network shall consist of at least two sites corresponding to the boundary between the normative definitions of high and good status, and at least two sites corresponding to the boundary between the normative definitions of good and moderate status. The sites shall be selected by expert judgement based on joint inspections and all other available information; (vi) each Member State monitoring system shall be applied to those sites in the inter-calibration network which are both in the ecoregion and of a surface water body type to which the system will be applied pursuant to the requirements of this Directive. The results of this application shall be used to set the numerical values for the relevant class boundaries in each Member State monitoring system; (vii) within three years of the date of entry into force of the Directive, the Commission shall prepare a draft register of sites to form the inter-calibration network which may be adapted in accordance with the procedures laid down in Article 20. The final register of sites shall be established within four years of the date of entry into force of the Directive and shall be published by the Commission; (viii) the Commission and Member States shall complete the inter-calibration exercise within 18 months of the date on which the finalised register is published; (ix) the results of the inter-calibration exercise and the values established for the Member State monitoring system classifications shall be published by the Commission within six months of the completion of the inter-calibration exercise. 1. 4. 2. Presentation of monitoring results and classification of ecological status and ecological potential (i) for surface water categories, the ecological status classification for the body of water shall be represented by the lower of the values for the biological and physico-chemical monitoring results for the relevant quality elements classified in accordance with the first column of the table set out below. Member States shall provide a map for each river basin district illustrating the classification of the ecological status for 30. 11. 1999 EN Official Journal of the European Communities C 343/55 each body of water, colour-coded in accordance with the second column of the table set out below to reflect the ecological status classification of the body of water: Ecological status classification Colour code High Good Moderate Poor Bad Blue Green Yellow Orange Red (ii) for heavily modified and artificial water bodies, the ecological status classification for the body of water shall be represented by the lower of the values for the biological and physico-chemical monitoring results for the relevant quality elements classified in accordance with the first column of the table set out below. Member States shall provide a map for each river basin district illustrating the classification of the ecological potential in respect of artificial water bodies in accordance with the second column of the table set out below, and in respect of heavily modified water bodies the third column of that table: for each body of water, colour-coded, Ecological potential classification Colour code Artificial water bodies Heavily Modified Good and above Equal green and light grey stripes Equal green and dark grey stripes Moderate Poor Bad Equal yellow and light grey stripes Equal stripes yellow and dark grey Equal orange and light grey stripes Equal orange stripes and dark grey Equal red and light grey stripes Equal red and dark grey stripes (iii) Member States shall also indicate, by a black dot on the map, those bodies of water where failure to achieve good status or good ecological potential is due to non-compliance with one or more environmental quality standards which have been established for that body of water in respect of specific synthetic and non-synthetic pollutants (in accordance with the compliance regime established by the Member State). 1. 4. 3. Presentation of monitoring results and classification of chemical status Where a body of water achieves compliance with all the environmental quality standards established in Annex IX, Article 16 and under other relevant Community legislation setting environmental quality standards it shall be recorded as achieving good chemical status. If not, the body shall be recorded as failing to achieve good chemical status. Member States shall provide a map for each river basin district illustrating chemical status for each body of water, colour-coded in accordance with the second column of the table set out below to reflect the chemical status classification of the body of water: Chemical status classification Colour code Good Failing to achieve good Blue Red C 343/56 EN Official Journal of the European Communities 30. 11. 1999 2. GROUNDWATER 2. 1. Groundwater quantitative status 2. 1. 1. Parameter for the classification of quantitative status Groundwater level regime. 2. 1. 2. Definition of quantitative status Elements Good status Groundwater level The level of groundwater in the groundwater body is such that the available groundwater resource is not exceeded by the long-term annual average rate of abstraction. Accordingly, alterations such as would result in: the level of groundwater is not subject to anthropogenic - failure to achieve the environmental objectives specified under Article 4 for associated surface waters - any significant diminution in the status of such waters - any significant damage to terrestrial ecosystems which depend directly on the groundwater body and alterations to flow direction resulting from level changes may occur temporarily, or continuously in a spatially limited area, but such reversals do not cause saltwater or other intrusion, and do not indicate a sustained and clearly identified anthropogenically induced trend in flow direction likely to result in such intrusions. 2. 2. Monitoring of groundwater quantitative status 2. 2. 1. Groundwater level monitoring network The groundwater monitoring network shall be established in accordance with the requirements of Articles 7 and 8. The monitoring network shall be designed so as to provide a reliable assessment of the quantitative status of all groundwater bodies or groups of bodies including assessment of the available groundwater resource. Member States shall provide a map or maps showing the groundwater monitoring network in the river basin management plan. 2. 2. 2. Density of monitoring sites The network shall include sufficient representative monitoring points to estimate the groundwater level in each groundwater body or group of bodies taking into account short and long-term variations in recharge and in particular: - for groundwater bodies identified as being at risk of failing to achieve environmental objectives under Article 4, ensure sufficient density of monitoring points to assess the impact of abstractions and discharges on the groundwater level, - for groundwater bodies within which groundwater flows across a Member State boundary, ensure sufficient monitoring points are provided to estimate the direction and rate of groundwater flow across the Member State boundary. 2. 2. 3. Monitoring frequency The frequency of observations shall be sufficient to allow assessment of the quantitative status of each groundwater body or group of bodies taking into account short and long-term variations in recharge. In particular: 30. 11. 1999 EN Official Journal of the European Communities C 343/57 - for groundwater bodies identified as being at risk of failing to achieve environmental objectives under Article 4, ensure sufficient frequency of measurement to assess the impact of abstractions and discharges on the groundwater level, - for groundwater bodies within which groundwater flows across a Member State boundary, ensure sufficient frequency of measurement to estimate the direction and rate of groundwater flow across the Member State boundary. 2. 2. 4. Interpretation and presentation of groundwater quantitative status The results obtained from the monitoring network for a groundwater body or group of bodies shall be used to assess the quantitative status of that body or those bodies. Subject to Section 2. 5, Member States shall provide a map of the resulting assessment of groundwater quantitative status, colour-coded in accordance with the following regime: Good: green Poor: red. 2. 3. Groundwater chemical status 2. 3. 1. Parameters for the determination of groundwater chemical status Conductivity. Concentrations of pollutants. 2. 3. 2. Definition of good groundwater chemical status Elements Good status General The chemical composition of concentrations of pollutants: the groundwater body is such that the - as specified below, do not exhibit the effects of saline or other intrusions - do not exceed the quality standards applicable under other relevant Community legislation - are not such as would result in failure to achieve the environmental objectives specified 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 saline or other intrusion into the groundwater body 2. 4. Monitoring of groundwater chemical status 2. 4. 1. Groundwater monitoring network The groundwater monitoring network shall be established in accordance with the requirements of Articles 7 and 8. The monitoring network shall be designed so as to provide a coherent and comprehensive overview of groundwater chemical status within each river basin and to detect the presence of long-term anthropogenically induced upward trends in pollutants. C 343/58 EN Official Journal of the European Communities 30. 11. 1999 On the basis of the characterisation and impact assessment carried out in accordance with Article 5 and Annex II, Member States shall for each period to which a river basin management plan applies, establish a surveillance monitoring programme. The results of this programme shall be used to establish an operational monitoring programme to be applied for the remaining period of the plan. Estimates of the level of confidence and precision of the results provided by the monitoring programmes shall be given in the plan. 2. 4. 2. Surveillance monitoring O b j e c t i v e Surveillance monitoring shall be carried out in order to: - supplement and validate the impact assessment procedure, - provide information for use in the assessment of long-term trends both as a result of changes in natural conditions and through anthropogenic activity. S e l e c t i o n o f m o n i t o r i n g s i t e s Sufficient monitoring sites shall be selected for each of the following: - bodies identified as being at risk following the charcterisation exercise undertaken in accordance with Annex II, - bodies which cross a Member State boundary. S e l e c t i o n o f p a r a m e t e r s The following set of core parameters shall be monitored in all the selected groundwater bodies: - oxygen content, - pH value, - conductivity, - nitrate, - ammonium. Bodies which are identified in accordance with Annex II as being at significant risk of failing to achieve good status shall also be monitored for those parameters which are indicative of the impact of these pressures. Transboundary water bodies shall also be monitored for those parameters which are relevant for the protection of all of the use supported by the groundwater flow. 2. 4. 3. Operational monitoring O b j e c t i v e Operational monitoring shall be undertaken in the periods between surveillance monitoring programmes in order to: - establish the chemical status of all groundwater bodies or groups of bodies determined as being at risk, - establish the presence of any long-term anthropogenically induced upward trend in the concentration of any pollutant. 30. 11. 1999 EN Official Journal of the European Communities C 343/59 S e l e c t i o n o f m o n i t o r i n g s i t e s Operational monitoring shall be carried out for all those groundwater bodies or groups of bodies which on the basis of both the impact assessment carried out in accordance with Annex II and surveillance monitoring are identified as being at risk of failing to meet objectives under Article 4. The selection of monitoring sites shall also reflect an assessment of how representative monitoring data from that site is of the quality of the relevant groundwater body or bodies. F r e q u e n c y o f m o n i t o r i n g Operational monitoring shall be carried out for the periods between surveillance monitoring programmes at a frequency sufficient to detect the impacts of relevant pressures but at a minimum of once per annum. 2. 4. 4. Identification of trends in pollutants Member States shall use data from both surveillance and operational monitoring in the identification of long-term anthropogenically induced upward trends in pollutant concentrations and the reversal of such trends. The base year or period from which trend identification is to be calculated shall be identified. The calculation of trends shall be undertaken for a body or, where appropriate, group of bodies of groundwater. Reversal of a trend shall be demonstrated statistically and the level of confidence associated with the identification stated. 2. 4. 5. Interpretation and presentation of groundwater chemical status 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 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 calculated, and - the mean value of these calculations for all monitoring points in the groundwater body or group of bodies shall demonstrate compliance with those standards in the manner prescribed in the relevant Directive. Subject to Section 2. 5, Member States shall provide a map of groundwater chemical status, colour-coded as indicated below: Good: green Poor: red. Member States shall also indicate by a black dot on the map, those groundwater bodies which are subject to a significant and sustained upward trend in the concentrations of any pollutant resulting from the impact of human activity. Reversal of a trend shall be indicated by a blue dot on the map. These maps shall be included in the river basin management plan. 2. 5. Presentation of groundwater status Member States shall provide in the river basin management plan a map showing for each groundwater body or groups of groundwater bodies both the quantitative status and the chemical status of that body or group of bodies, colour-coded in accordance with the requirements of Sections 2. 2. 4 and 2. 4. 5. Member States may choose not to provide separate maps under Sections 2. 2. 4 and 2. 4. 5 but shall in that case also provide an indication in accordance with the requirements of 2. 4. 5 on the map required under this section of those bodies which are subject to a significant and sustained upward trend in the concentration of any pollutant or any reversal in such a trend. C 343/60 EN Official Journal of the European Communities 30. 11. 1999 ANNEX VI LISTS OF MEASURES TO BE INCLUDED WITHIN THE PROGRAMMES OF MEASURES PART A Measures required under the following Directives: (i) the Bathing Water Directive 76/160/EEC; (ii) the Birds Directive 79/409/EEC (1); (iii) the Drinking Water Directive 80/778/EEC as amended by Directive 98/83/EC; (iv) the Major Accidents (Seveso) Directive 96/82/EC (2); (v) the Environmental Impact Assessment Directive 85/337/EEC (3); (vi) the Sewage Sludge Directive 86/278/EEC (4); (vii) the Urban Waste Water Treatment Directive 91/271/EEC; (viii) the Plant Protection Products Directive 91/414/EEC; (ix) the Nitrates Directive 91/676/EEC; (x) the Habitats Directive 92/43/EEC (5); (xi) the Integrated Pollution Prevention Control Directive 96/61/EC. PART B The following is a non-exclusive list of supplementary measures which Member States within each river basin district may choose to adopt as part of the programme of measures required under Article 11(4): (i) legislative instruments; (ii) administrative instruments; (iii) economic or fiscal instruments; (iv) negotiated environmental agreements; (v) emission controls; (vi) codes of good practice; (vii) recreation and restoration of wetlands areas; (viii) abstraction controls; (ix) (x) demand management measures, requiring crops in areas affected by drought; inter alia, promotion of adapted agricultural production such as low water efficiency and reuse measures, inter alia, promotion of water efficient technologies in industry and water saving irrigation techniques; (1) OJ L 103, 25. 4. 1979, p. 1. (2) OJ L 10, 14. 1. 1997, p. 13. (3) OJ L 175, 5. 7. 1985, p. 40. Directive as amended by Directive 97/11/EC (OJ L 73, 14. 3. 1997, p. 5). (4) OJ L 181, 8. 7. 1986, p. 6. (5) OJ L 206, 22. 7. 1992, p. 7. 30. 11. 1999 EN Official Journal of the European Communities C 343/61 (xi) construction projects; (xii) desalination plants; (xiii) rehabilitation projects; (xiv) artificial recharge of aquifers; (xv) educational projects; (xvi) research, development and demonstration projects; (xvii) other relevant measures. C 343/62 EN Official Journal of the European Communities 30. 11. 1999 ANNEX VII RIVER BASIN MANAGEMENT PLANS A. River basin management plans shall cover the following elements. 1. A general description of the characteristics of the river basin district required under Article 5 and Annex II. This shall include. 1. 1. For surface waters: - mapping of the location and boundaries of water bodies, - mapping of the ecoregions and surface water body types within the river basin, - identification of reference conditions for the surface water body types. 1. 2. For groundwaters: - mapping of the location and boundaries of groundwater bodies. 2. A summary of significant pressures and impact of human activity on the status of surface water and groundwater, including: - estimation of point source pollution, - estimation of diffuse source pollution, including a summary of land use, - estimation of pressures on the quantitative status of water including abstractions, - analysis of other impacts of human activity on the status of water. Identification and mapping of protected areas as required by Article 6 and Annex IV. A map of the monitoring networks established for the purposes of Article 8 and Annex V, and a presentation in map form of the results of the monitoring programmes carried out under those provisions for the status of. 3. 4. 4. 1. Surface water (ecological and chemical). 4. 2. Groundwater (chemical and quantitative). 4. 3. Protected areas. 5. 6. 7. A list of the environmental objectives established under Article 4 for surface waters, groundwaters and protected areas, including in particular identification of instances where use has been made of Article 4(3), (4), (5) and (6), and the associated information required under that Article. A summary of the economic analysis of water use as required by Article 5 and Annex III. A summary of the programme or programmes of measures adopted under Article 11, including the ways in which the objectives established under Article 4 are thereby to be achieved. 7. 1. A summary of the measures required to implement Community legislation for the protection of water. 7. 2. A report on the practical steps and measures taken to apply the principle of recovery of the costs of water use in accordance with Article 9. 7. 3. A summary of the measures taken to meet the requirements of Article 7. 7. 4. A summary of the controls on abstraction and impoundment of water, including reference to the registers and identifications of the cases where exemptions have been made under Article 11(3)(d). 7. 5. A summary of the controls adopted for point source discharges and other activities with an impact on the status of water in accordance with the provisions of Article 11(3)(e) and 11(3)(f). 7. 6. An identification of the cases where direct discharges to groundwater have been authorised in accordance with the provisions of Article 11(3)(g). 30. 11. 1999 EN Official Journal of the European Communities C 343/63 7. 7. A summary of the measures taken in accordance with Article 16 on priority substances. 7. 8. A summary of the measures taken to prevent or reduce the impact of accidental pollution incidents. 7. 9. Details of the supplementary measures identified as necessary in order to meet the environmental objectives established. 7. 10. Details of the measures taken to avoid increase in pollution of marine waters in accordance with Article 11(6). 8. 9. 10. 11. A register of any more detailed programmes and management plans for the river basin district dealing with particular sub-basins, sectors, issues or water types, together with a summary of their contents. A summary of the public information and consultation measures taken, their results and the changes to the plan made as a consequence. A list of competent authorities in accordance with Annex I. The contact points and procedures for obtaining the background documentation and information referred to in Article 14(1), and in particular details of the control measures adopted in accordance with Article 11(3)(e) and 11(3)(f) and of the actual monitoring data gathered in accordance with Article 8 and Annex V. B. The first update of the river basin management plan and all subsequent updates shall also include. 1. A summary of any changes or updates since the publication of the previous version of the river basin management plan, including a summary of the reviews to be carried out under Article 4(3), (4), (5) and (6). 2. An assessment of the progress made towards the achievement of the environmental objectives, including presentation of the monitoring results for the period of the previous plan in map form, and an explanation for any environmental objectives which have not been reached. 3. A summary of, and an explanation for, any measures foreseen in the earlier version of the river basin management plan which have not been undertaken. 4. A summary of any additional interim measures adopted under Article 11(5) since the publication of the previous version of the river basin management plan. C 343/64 EN Official Journal of the European Communities 30. 11. 1999 ANNEX VIII INDICATIVE LIST OF THE MAIN POLLUTANTS 1. Organohalogen compounds and substances which may form such compounds in the aquatic environment. 2. Organophosphorus compounds. 3. Organotin compounds. 4. Substances and preparations, or the breakdown products of such, which have been proved to possess carcinogenic or mutagenic properties or properties which may affect steroidogenic, thyroid, reproduction or other endocrine- related functions in or via the aquatic environment. 5. Persistent hydrocarbons and persistent and bioaccumulable organic toxic substances. 6. Cyanides. 7. Metals and their compounds. 8. Arsenic and its compounds. 9. Biocides and plant protection products. 10. Materials in suspension. 11. Substances which contribute to eutrophication (in particular, nitrates and phosphates). 12. Substances which have an unfavourable influence on the oxygen balance (and can be measured using parameters such as BOD, COD, etc. ). 30. 11. 1999 EN Official Journal of the European Communities C 343/65 ANNEX IX EMISSION LIMIT VALUES AND ENVIRONMENTAL QUALITY STANDARDS The álimit valuesí and áquality objectivesí established under the daughter Directives of Directive 76/464/EEC shall be considered emission limit values and environmental quality standards, respectively, for the purposes of this Directive. They are established in the following Directives: (i) the Mercury Discharges Directive 82/176/EEC (1); (ii) the Cadmium Discharges Directive 83/513/EEC (2); (iii) the Mercury Directive 84/156/EEC (3); (iv) the Hexachlorocyclohexane Discharges Directive 84/491/EEC (4); and (v) the Dangerous Substance Discharges Directive 86/280/EEC (5). (1) OJ L 81, 27. 3. 1982, p. 29. (2) OJ L 291, 24. 10. 1983, p. 1. (3) OJ L 74, 17. 3. 1984, p. 49. (4) OJ L 274, 17. 10. 1984, p. 11. (5) OJ L 181, 4. 7. 1986, p. 16. C 343/66 EN Official Journal of the European Communities 30. 11. 1999 ANNEX X PRIORITY SUBSTANCES 30. 11. 1999 EN Official Journal of the European Communities C 343/67 ANNEX XI MAP A System A: Ecoregions for rivers and lakes Iberic - Macaronesian region Pyrenees Italy, Corsica and Malta 1. 2. 3. 4. Alps 5. Dinaric Western Balkans 6. Hellenic Western Balkans Eastern Balkans 7. 8. Western highlands 9. Central highlands 10. The Carpathians 11. Hungarian lowlands 12. Pontic region 13. Western plains 14. Central plains 15. Baltic region 16. Eastern plains 17. Ireland and Northern Ireland 18. Great Britain 19. Iceland 20. Borealic uplands 21. Tundra 22. Fenno-Scandian shield 23. Taiga 24. The Caucasus 25. Caspic depression C 343/68 EN Official Journal of the European Communities 30. 11. 1999 MAP B System A: Ecoregions for Transitional waters and Coastal waters 1. Atlantic Ocean 2. Norwegian Sea 3. Barents See 4. North Sea 5. Baltic Sea 6. Mediterranean Sea 30. 11. 1999 EN Official Journal of the European Communities C 343/69 STATEMENT OF THE COUNCIL’S REASONS I. INTRODUCTION 1. On 26 February 1997, the Commission sent the Council its initial proposal, based on Article 130s(1) of the EC Treaty, establishing a framework for Community action in the field of water policy (1). On 26 November 1997, the Commission sent its first (2) and on 17 February 1998 its second (3) amended proposal pursuant to Article 189a(2) of the EC Treaty. 2. The European Parliament (4), the Economic and Social Committee (5) and the Committee of the Regions (6) delivered their opinions on 11 February 1999, 1 October 1997 and 12-13 March 1998 respectively. 3. Following these opinions, on 17 June 1999 the Commission forwarded an amended proposal to the Council (7). 4. On 22 October 1999, the Council adopted its common position in accordance with Article 251(2) of the Treaty (former Article 189b). II. OBJECTIVE The Directive is in response to a request formulated by the Environment Committee of the European Parliament and the Council in June 1995 to fundamentally review the Community water policy. It establishes a framework for the protection of surface water, in particular inland, transitional and coastal waters, and groundwater. The common position reached by Council essentially aims at preventing deterioration of ecological status and pollution and restoring all bodies of surface water and groundwater with the aim of achieving good status at the latest 16 years after the entry into force of the Directive. Taking the identification of river basin districts as a basis, Member States are to provide management plans (containing, inter alia, the river basin’s characteristics, monitoring of the water status and coordinated programmes of measures) which are subject to public consultation and aim to achieve good water status through a phased implementation of the measures they envisage. The common position takes into account the interaction between surface water and groundwater, the impact of human activity e. g. industry, agriculture, energy production and transport, the quality and quantity aspects and contributes to mitigating the effects of floods and droughts, to providing a sufficient supply of good quality water for users, to protecting territorial and marine waters, to the prevention and achieving the objectives of relevant elimination of pollution) and to progressively reducing the emissions of hazardous substances. international agreements (e. g. aiming at III. ANALYSIS OF THE COMMON POSITION (8) The text of the common position strikes an equitable and fair balance between, on the one hand, the need to essentially prevent deterioration and to improve the current status of surface water and groundwater bodies, and, on the other hand, to also take a realistic and reasonable view on the (1) OJ C 184, 17. 6. 1997, p. 20. (2) OJ C 16, 20. 1. 1998, p. 14. (3) OJ C 108, 7. 4. 1998, p. 94. (4) OJ C 150, 28. 5. 1999, p. 419. (5) OJ C 355, 21. 11. 1997, p. 83. (6) OJ C 180, 11. 6. 1998, p. 38. (7) Not yet published in the Official Journal. (8) The numbering of the Articles follows those retained in the common position. C 343/70 EN Official Journal of the European Communities 30. 11. 1999 practical implications of doing so in terms of feasibility, the technical and scientific work to be done, effectiveness, long-term socio-economic repercussions and the involved operating costs. A. Amended Commission proposal The Council adopted either in full or in part, and occasionally implicitly, at least to some extent, 75 amendments proposed by the European Parliament, four of which had not been retained in the Commission’s amended proposal (35, 179, 183 and 184). The Council adopted: (a) in full: all of the 14 compromise amendments (Nos 118, 121, 189, 190, 191, 192, 193, 194, 195 (in a more elaborate way), 196, 197, 198, 200 and 201 (with a more precise wording)); (b) fully or partly and occasionally with a different wording: 19 other amendments (Nos 9, 18, 20, 23, 24, 31, 50, 53, 54, 62, 63 (its second part in Annex V Section 1. 1. 1), 64 (Annex V), 79, 95, 103, 112, 117 (transferred to Annex II), 183, 184; (c) implicitly: all or some of the concepts contained in 39 other amendments. 2, 4 and 5: reflected in recital 21; 179: contained implicitly in the Directive given the legal basis; 10: retained in recital 28; 11: covered by Article 17(4) however with a three-year time period (see also amendment 200); 13: retained through the combination of Articles 21 and 23; 25 and partly 39: the concept of the combined approach has been explicitly specified and developed in Article 10; other elements of the amendments are covered in Article 16; 27: covered in Annex V, Section 1. 2. 1 in the definition of high status for specific synthetic pollutants; 28: implied in Article 2(24); 29: elements are catered for in Article 4(1)(b), the combination of Articles 10 and 16, and Annex V, Section 2. 3. 2; 30 and 32: covered by Article 2(26), (27) and (28) and Annex V Section 2. 1. 2; 157: considering the restrictive wording of Article 11(3)(g) the intention of the amendment is covered; 35: the first part of this amendment is covered by Article 3(6) whereas the second part is taken account of in Article 3(3)(4) and (5); 123: Article 3(4) covers the idea contained in this amendment. Moreover, the Council added a provision that the Commission can, at the request of the Member State involved, act to facilitate the establishment of the programmes of measures; 48: included in Article 4(5); 56, 57, 58 and 60: generally covered in Annexes II and III which partly replace the former Articles 7 and 8; 158: covered implicitly by Article 7(2); 30. 11. 1999 EN Official Journal of the European Communities C 343/71 71: globally dealt with in Article 11(5) and Annex V, Section 1. 3. 3, albeit with a different wording; 75: diversion of water partially implied in the last subparagraph of Article 11(3)(d); the measures provided for in Article 11 should achieve the environmental quality 78: standards and thus part of the objectives of the Directive; 80 and 82: Article 13 and Annex VII cover these concepts although with a different wording (former Articles 16 and 18 have been deleted); 86: implicitly covered in Article 17(5) (see compromise amendment 198); 87: Article 16(6) provides that the Commission shall submit proposals for controls within two years of the inclusion of the priority list. The idea of inserting a deadline has thus been taken into account. The proposals for controls to be submitted by the Commission can contain EU-wide uniform emission standards if this institution judges them to be appropriate; 88: included with a different wording in Article 16(6); 93: the staged repeal with adapted timing of existing water legislation has been incorporated in Article 21; 97: Annex IV, 1(i) makes a reference to Article 7 in which under (1), second indent, the idea of this amendment is covered; 103, 108, 109 and 116: all of the ideas in these amendments have been taken account of in Annex V; 119 and 120: both included in principle in Annex VII and amendment 120 also in Article 14. The Council retained to some extent the ideas contained in 3 amendments: 6: the concepts of elimination of hazardous pollutants and the presentation by the Commission of a priority list are retained in recitals 39, 40 and in Articles 11(3)(h) and 16; 19 and 47: although not covered as an objective as such, the purpose of the Directive, as mentioned in the ultimate and penultimate indents of Article 1, states that it will contribute to the elimination of pollutants in the marine environment and to the progressive reduction of emissions of hazardous substances but without an explicit mention of a deadline. B. Amendments accepted by the Commission but not included in the common position The Council did not accept amendments 8, 14, 41, 42, 44, 45, 49, 51, 55, 65, 66, 91, 96, 98, 113, 114 and 122. 8, 41, 42, 44 and 45: according to Article 4(1)(a) deterioration is essentially not permitted below good status waters; its paragraphs (5) and (6) provide however that, subject to strict conditions, deterioration (e. g. because of floods and droughts) or new developments of overriding public interest may be allowed. 14: given the explanation under amendment 8 the Council is of the opinion that including this amendment would be inconsistent and not realistic. 49: accepting this amendment would be inconsistent with Article 4(6). C 343/72 EN Official Journal of the European Communities 30. 11. 1999 51: although its first part is implicitly covered in Article 4, the second part, however, only applies to heavily modified bodies of water. 55 and 113: although Annex II, Sections 1. 4 and 1. 5 cover partially and more generally this amendment the assessment of the impact of human activity on adjoining maritime areas into which the river basin district waters flow are however not covered by the Directive. 65, 66: (Article 9) although the Council did follow partially the Commission’s amended proposal to take account of the principle of recovery of environmental and resource costs of water services, it could not agree on full cost recovery. Member States shall however conduct an economic analysis to do so and report on the practical steps they take to apply this principle in the river basin management plans. 91 and 92: given the political nature of most of the Annexes (which to a certain extent also replace some of the former Articles), not all of the Annexes mentioned in amendment 91 should be adapted through a Committee procedure. Given, however, the new Council Decision on Comitology according to which the European Parliament will, under certain conditions, be informed, Article 20 has been adapted to this new decision. Moreover, as the Directive is based on the European Parliament will co-decide on any new proposal Article 175 of concerning the Annexes which are not mentioned anymore, which when adopted will involve publication in the Official Journal of the European Communities. the Treaty, 96 and 98: the Council did not adopt these amendments because they do not necessarily provide an added value to the Directives referred to. 114: given the fact that the most appropriate statistical methods for analysing the inter-calibration data require further analysis, inserting amendment 114 would be premature; the Commission may however always adopt guidelines to implement Annex V, if need be (see Article 19). 122: the Council did not consider it appropriate to add radioactive substances to Annex VIII (which is of an indicative nature). C. Innovations introduced by the Council The Council added a number of recitals to motivate more specifically the content of the Articles and Annexes. Annex II has been elaborated in a sense that it is now technically and scientifically more precise; moreover, former Annex III concerning review of the environmental impact of human activity has been transferred to Annex II. Annex III concerns the information to be provided by Member States for the economic analysis asked for in Article 9 which possibly can be further elaborated through a Committee procedure. Annex X, currently empty, is to contain the priority list of substances once it is adopted by the European Parliament and the Council. Annex XI introduces two maps for geographical lakes and another for ecoregions for transitional waters and coastal waters. localisation one for ecoregions for rivers and The Commission has accepted the common position agreed upon by the Council