Hazardous substances

EU regulation on water pollution is complex, and follows a double approach: on the one hand setting environmental quality standards (securing specific uses) and on the other setting emission controls.

The Bathing Water Directive 76/160/EEC, the Dangerous Substances Directive 76/464/EEC, the Groundwater Directive 80/68/EEC and subsequent amending Directives in the 1980s have set up environmental quality standards and emission controls standards for a number of pollutants.

The Nitrate Directive 91/676/EEC, the Urban Waste Water Directive and the Drinking Water Directive 98/83/EEC are part of a second wave of legislation in the 1990s. Furthermore, the IPPC Directive requires that by 2007 all big industrial installation have permits controlling their chemical releases into the water.

The WFD provides a new umbrella for these past Directives. In particular, Article 16 of the WFD set up the conditions and the framework in which water pollution has to be tackled. The transition from many past Directives to the WFD will be a challenging process which will vary depending on the chemicals or list of chemicals, and each Directive considered.

From past legislation:

• The Bathing Water and Drinking Water Directives remain as free-standing directives, yet Member States are required to coordinate the protection of these waters under the scope of the WFD.
• The Urban Waste Water Treatment and Nitrates Directives will not be repealed by the WFD. But several of their requirements will have to be coordinated via the River Basin Management Plans. In addition, the achievement of the objectives for the ‘protected areas’ designated under the Nitrates and Urban Waste Water Treatment Directives is required by 2015.
• The crucial Directives to be repealed by the WFD are the Dangerous Substances and Groundwater Directives. The transition between the Dangerous Substances Directive and Groundwater Directive and the WFD will involve the development of two new Daughter Directives, the Groundwater Directive (see below) and the Priority Substances Directive, now in proposal by the Commission.

The WFD represents a first step towards the implementation of the OSPAR generation target for phasing out emissions of hazardous chemicals by 2020 (an agreement between Member States and the European Commission under the OSPAR convention for the protection of the marine environment of the North-East Atlantic). A first list of 33 priority chemicals has been established in order to repeal the previous lists of chemicals set up by past legislation linked to dangerous substances, 11 of which will have to be prevented from entering our waters within 20 years.

You can see the EEB’s latest position on the EU hazardous substances policy here.

Groundwater protection under the WFD

Recent figures show that 87% of groundwater under agricultural area in the EU does not meet European guidance values for nitrates and 60% of European cities overexploit their groundwater resources

The issue of groundwater protection was not resolved during the development of the WFD, as the European Parliament and Council held vastly differing views on the subject. The result was that only minimal and vague requirements were introduced, which fall far behind the existing Groundwater Directive 80/68/EEC, and which will be repealed in 2013.

The Commission adopted a proposal for a new Groundwater Directive in 2003, building on the requirements of the WFD article 17 that is now discussed by the Parliament and Council.

The EEB follows this process closely and stresses the need for improvement of the Directive's Article 6, which concerns the prevention of hazardous chemicals being filtered through into groundwater..

You can see the EEB’s latest position on the EU groundwater policy here.