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There is a Conflict at the Heart of EU Water Pollution Policy
Published online by Cambridge University Press: 20 January 2017
Abstract
The current application of the hazardous substances provisions of Article 16 of the EU Water Framework Directive are in fundamental conflict with a number of other Directives and Regulations controlling the use of those hazardous substances that are currently essential to the wellbeing of the Community and its citizens. There is a simple solution to this conflict although reaching political agreement in such a polarised area may prove to be impossible.
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References
1 Treaty of Rome, 1957, Available on the internet at:http://europa.eu/legislation_summaries/institutional_affairs/treaties/treaties_eec_en.htm (Last accessed on 20th February 2015).
2 Single European Act, OJ 1987 L169/1.
3 Treaty on European Union, signed at Maastricht on 7 February 1992, OJ 1992 C191/1.
4 Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts, OJ 1997 C340/10.
5 Regulation (EC) No 1907/2006 of the European Parliament and the of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC, OJ L396/1.
6 Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC, OJ L309/1.
7 Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products Text with EEA relevance, L167/1.
8 Directive 2004/27/EC of the European Parliament and of the Council of 31 March 2004 amending Directive 2001/83/EC on the Community code relating to medicinal products for human use, OJ L136/34.
9 Commission Directive 2009/9/EC of 10 February 2009 amending Directive 2001/82/EC of the European Parliament and of the Council on the Community code relating to medicinal products for veterinary use, OJ L44/10.
10 Council Directive 91/271/EEC of 21 May 1991 concerning urban waste–water treatment, OJ L135/40.
11 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) Text with EEA relevance, OJ L334/17.
12 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy, OJ L327/1.
13 Note 11 p3
14 Note 12 p3
15 Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and controlOJ L 257/26.
16 Water Framework Directive Annex V: “Good Ecological Status 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”.
17 DEFRA 2010, River water quality indicator for sustainable development 2009 Annual Results. Available on the internet at: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/141697/rwq-ind-sus-2009-resultsv2.pdf (Last accessed on 20th February 2015).
18 “WE AGREE to prevent pollution of the maritime area by continuously reducing discharges, emissions and losses of hazardous substances (that is, substances which are toxic, persistent and liable to bio accumulate or which give rise to an equivalent level of concern), with the ultimate aim of achieving concentrations in the environment near background values for naturally occurring substances and close to zero for man-made synthetic substances. WE SHALL MAKE every endeavour to move towards the target of cessation of discharges, emissions and losses of hazardous substances by the year 2020”.OSPAR Commission, Ministerial Meeting of the OSPAR Commission, Sintra 22-23 July 1998.
19 Note another critical but undefined term changed in the final Directive to a less stringent “significant risk”.
20 “Study on the prioritisation of substances dangerous to the aquatic environment”, Office for OfficialPublications of the European Communities (ISBN 92-828-7981-X), Luxembourg, 1999.
21 Article16.6. For the priority substances, the Commission shall submit proposals of controls for:- the progressive reduction of discharges, emissions and losses of the substances concerned, and, in particular - the cessation or phasing-out of discharges, emissions and losses of the substances as identified in accordance with paragraph 3, including an appropriate timetable for doing so. The timetable shall not exceed 20 years after the adoption of these proposals by the European Parliament and the Council in accordance with the provisions of this Article.
22 Council Legal Service Opinion Ref: 6880/01 Jur79/Env116, 7th March 2001.
23 DIRECTIVE 2013/39/EU of the European Parliament and the Council of 12 August 2013 amending Directives 2000/60/EC and 2008/105/EC as regards priority substances in the field of water policy OJ L226/1.
24 Note 7 p3
25 Note 8 p3
26 Note 12 p3
27 Note 6 p2
28 Note 9 p3
29 Note 10 p3