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Water protection and management

Water is essential for human, animal and plant life and for the economy. Its protection and management transcend national boundaries. The EU’s water policy plays a crucial role in safeguarding the environment. There are laws designed to preserve water sources and both freshwater and marine ecosystems, and to guarantee the cleanliness of drinking and bathing water. The EU Water Framework Directive establishes a legal framework to protect and restore clean water and to ensure its long-term sustainable use.

Legal basis

Articles191 to193 of the Treaty on the Functioning of the European Union (TFEU).

General Background

Water is not just a commercial product, but also a common good and a limited resource that needs to be protected and used in a sustainable way, in terms of both quality and quantity. It is, however, under pressure from various sectors, such as agriculture, industry, tourism, transport and energy.

In1980, the first Drinking Water Directive () was introduced to streamline the national water-related requirements of the individual Member States and to combat unequal conditions for economic competition.

In1992, the , to which the EU is party, was adopted in Helsinki. It strengthens national measures and international cooperation for the ecological management and protection of cross-border surface waters and groundwater.

In1997, the established basic standards and rules for cooperation between watercourse states on the use, management and protection of international watercourses.

In2012, the Commission launched the , a long-term strategy that aims to ensure the availability of a sufficient level of quality water for all legitimate uses by better implementing current EU water policy, integrating water policy objectives into other policy areas and filling gaps in the current framework.

Objectives and achievements

The overall objective of EU water policy is to ensure access to good quality water in sufficient quantities for all Europeans, economic sectors and the environment, and to ensure the good status of all bodies of water across Europe.However, due to climate change, the EU will increasingly face water-related extreme weather events, e.g. floods and droughts, so adopting policies to help mitigate and adapt to these issues is of the utmost importance.

To this end, EU policy has established two main legal frameworks for the protection and management of freshwater and marine resources: the Water Framework Directive (WFD) and the Marine Strategy Framework Directive.

A. Water Framework Directive and specific supporting water directives

The EU (2000/60/EC) establishes a framework for the protection of inland surface waters, transitional waters, coastal waters and groundwater. It aims to prevent and reduce pollution, promote sustainable water use, protect and improve the aquatic environment and mitigate the effects of floods and droughts. The overall objective is to achieve good environmental status for all waters. Member States are therefore requested to draw up river basin management plans based on natural geographical river basins, as well as specific programmes of measures to achieve the objectives.

2019 of the WFD concluded that it is broadly fit for purpose, but that its implementation needs to be sped up. As a result, in June2020, the Commission announced that the WFD would not be changed, and it would instead focus on implementing and enforcing the current directive.

The WFD is supported by more targeted directives, which are outlined below.

  • The (2006/118/EC) protects against pollution and deterioration. It provides specific criteria for the assessment of good chemical status, the identification of increases in monitored substances and starting points for trend reversals. All threshold values for pollutants are set by the Member States. Exceptions are nitrates (fertiliser) and pesticides, for which the limits are set by specific EU legislation. In2022, the Commission presented an of substances for Union-wide water monitoring. In September2023, Ϸվ adopted its position on this proposal as a basis for future negotiations with the Council.
  • The revised ((EU) 2020/2184) defines essential quality standards for water intended for human consumption. It requires the Member States to regularly monitor the quality of water. Member States can include additional requirements specific to their territory but only if this leads to setting higher standards. The directive also requires the provision of regular information to consumers. Furthermore, the quality of drinking water has to be reported to the Commission every three years. The revised directive updates existing safety standards and improves access to safe drinking water along the lines of the latest recommendations from the World Health Organization. In2022, of substances for monitoring was adopted.
  • The (2006/7/EC) aims to enhance public health and environmental protection by laying down provisions for the monitoring and classification of bathing water and informing the public about it. During bathing season, Member States have to take samples of bathing water and assess the concentration of at least two specific bacteria once a month at each bathing water site. They have to inform the public through ‘bathing water profiles’ containing, for instance, information on the kind of pollution and sources that affect the quality of the bathing water. A on the quality of bathing water is published annually by the Commission and the European Environment Agency.
  • The (2008/105/EC) establishes limits on concentrations of 33priority substances presenting a significant risk to, or via, the aquatic environment at EU level, and eight other pollutants in surface waters. In the, 12new substances were added to the existing list. In2023, 23critical substances were added to the list of priority substances for surface waters, including pesticides such as glyphosate, some pharmaceuticals (painkillers, anti-inflammatory drugs and antibiotics), Bisphenol A and a group of24 per-and polyfluoroalkyl substances.
  • The (91/271/EEC) aims to protect the environment from the adverse effects of urban waste water discharges and discharges from industry. The directive sets minimum standards and timetables for the collection, treatment and discharge of urban waste water, introduces controls on the disposal of sewage sludge and requires the dumping of sewage sludge at sea to be phased out. In January2024, the Council and Ϸվ reached a on amendments to the directive expanding its scope to include smaller settlements and applying the ‘polluter pays’ principle to producers of medicinal and cosmetic products. The revision is now waiting to be voted on in plenary.
  • The (91/676/EEC) aims to protect waters from nitrates from agricultural sources, as they can pollute drinking water sources, including groundwater, and lead to surface water eutrophication. A complementary regulation () requires the establishment of designated nitrate vulnerable zones, water monitoring and a summary of action programmes. In2023, the Commission launched an evaluation of the directive, inviting stakeholders and citizens to share their views.
  • The EU (2007/60/EC) aims to reduce and manage the risks posed by floods to human health, the environment, infrastructure and property. It requires the Member States to carry out, on a six-year cycle, preliminary assessments to identify the river basins and associated coastal areas at risk and then prepare flood risk maps and management plans focused on prevention, protection and preparedness. The on the second cycle (2015-2021) was published in December2021.

B. EU coastal and marine policy

The (2008/56/EC) is the environmental pillar of the EU’s integrated maritime policy, which was set up with a view to enhancing the sustainable development of its maritime economy while better protecting its marine environment. The objective of the directive was to achieve the good environmental status of the EU’s marine waters by2020, to continue protecting and preserving them, and to prevent subsequent deterioration. It establishes European marine regions (the Baltic Sea, the North-east Atlantic Ocean, the Mediterranean Sea and the Black Sea) and sub-regions within the geographical boundaries of the existing Regional Sea Conventions. In order to achieve good environmental status by2020, Member States had to develop ecosystem-based strategies for their marine waters, to be reviewed every sixyears. A regulation on , moreover, defines the principles of sound coastal planning and management to be taken into account by the Member States.

The Commission adopted a of the Marine StrategyFramework Directive in June2020.The newEU biodiversity strategy for 2030(adopted in May2020) aims to further strengthen the protection of marine ecosystems, including through the expansion of protected areas and the establishment of strictly protected areas for habitats and fish stocks recovery.

As regards ship-source pollution and penalties for infringements, aim to ensure that those responsible for polluting discharges at sea are subject to effective and dissuasive penalties.

The Erika oil spill disaster of1999 prompted the EU to strengthen its role in the field of maritime safety and marine pollution with the in2002. The agency is responsible for, among other tasks, preventing and responding to pollution caused by ships, as well as responding to marine pollution caused by oil and gas installations.

C. International agreements on regional waters

The protection of marine waters in Europe is governed by four international cooperation structures, known as , between the Member States and neighbouring countries sharing common waters: the OSPAR (Oslo and Paris) Convention of1992 for the North-East Atlantic; the Helsinki Convention of1992 on the Baltic Sea Area; the Barcelona Convention of1995 for the Mediterranean; and the Bucharest Convention of1992 for the Black Sea.

Moreover, the EU is a party to conventions, such as the1992 , the 1994 , ٳ1999 , and the1996 .

Interregional environmental cooperation focused on river basins or marine waters has led to the creation of several macro-regional strategies in the EU, i.e. strategies to address common challenges faced by a defined geographical area, such as the, the and the.

Role of the European Ϸվ

The first ever European Citizens’ Initiative, ‘Right2Water’ (2013), urged the EU institutions and the Member States to ensure that all citizens enjoy the right to water and sanitation, that water supply and the management of water resources are not subject to internal market rules and that water services are excluded from liberalisation measures. , Ϸվ, by a large majority, called on the Commission to come forward with legislation implementing the human right to water and sanitation as recognised by the United Nations, and, if appropriate, a revision of the WFD that would recognise universal access and the human right to water.

Underlining the necessary transition to a circular economy, Ϸվ supported plans to promote water reuse for agricultural irrigation. As a first step, Ϸվ, along with the Council, adopted a that entered into force in June2023. In the same vein, it endorsed plans to improve the quality of tap water so as to reduce the use of plastic bottles.

In its2018 , Ϸվ ‘emphasises that creating a sustainable maritime economy and reducing pressures on the marine environment require action on climate change, land-based pollution reaching the seas and oceans, marine pollution and eutrophication, on the preservation, conservation and restoration of marine ecosystems and biodiversity, and on the sustainable use of marine resources’. In this context, it ‘urges the Commission to support international efforts to protect marine biodiversity, in particular in the framework of the ongoing negotiations for a new legally binding instrument for the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction’ and ‘calls on the Commission to propose more stringent legislation in order to preserve and ensure sustainable uses of marine biodiversity in areas under the jurisdiction of the Member States’.

In its resolution of March2021 on marine litter, Ϸվ drew attention to the impact of marine litter on the marine ecosystem, the fisheries industry and consumers, and called for more restrictions on single-use plastics and the use of specially designed, sustainable materials for fishing gear.

In October2022, Ϸվ adopted a resolution entitled ‘Access to water as a human right – the external dimension’, in which it reaffirmed ‘the right to safe drinking water and sanitation as a human right’ and called for the protection and restoration of natural ecosystems and the preservation of water for energy use.

For more information on this topic, please see the website of the Committee on the Environment, Public Health and Food Safety.

Christian Kurrer / Alyssia Petit