51998AP0261

A4-0261/98

Proposal and amended proposals for a Council Directive establishing a framework for Community action in the field of water policy (COM(97)0049 - C4-0192/97, COM(97)0614 - C4-0120/98 and COM(98)0076 - C4-0121/98 - 97/0067(SYN))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 1a (new)

>Original text>

>Text following EP vote>

(1a) Whereas water is not a commercial product like any other but, rather, a heritage which belongs to the peoples of the European Union and which must be protected, defended and treated as such;

(Amendment 2)

Recital 2a (new)

>Original text>

>Text following EP vote>

(2a) Whereas good water quality will secure the drinking water supply for the population;

(Compromise Amendment 189)

Recital 5a (new)

>Original text>

>Text following EP vote>

(5a) Whereas on 29 May 1995 the Commission adopted a Communication to the Council and the European Parliament on the Wise Use and Conservation of Wetlands(1) which recognised the important functions they perform for the protection of water resources;

(1)COM(95)0189.

(Compromise Amendment 190)

Recital 5b (new)

>Original text>

>Text following EP vote>

(5b) Whereas it is necessary to develop an integrated Community policy on water;

(Amendment 4)

Recital 11a (new)

>Original text>

>Text following EP vote>

(11a) Whereas any effective and coherent water policy must take account of the vulnerability of aquatic ecosystems located near coasts or estuaries or in gulfs or relatively closed seas, as their equilibrium is strongly influenced by the quality of the river basin water flowing into them;

(Amendment 5)

Recital 13a (new)

>Original text>

>Text following EP vote>

(13a) Whereas coastal fisheries, despite being located outside river basins, should be recognized as being one of the economic activities most affected by all forms of environmental deterioration within such basins;

(Compromise Amendment 195)

Recital 16a (new)

>Original text>

>Text following EP vote>

(16a) Whereas the Community and the Member States are party to various international agreements containing important obligations on the protection of marine waters from pollution, in particular the HELCOM, OSPAR and Barcelona Conventions;

(Amendment 179)

Recital 17a (new)

>Original text>

>Text following EP vote>

(17a) Whereas Member States which have progressed further than the Community in limiting pollution through the discharge of all pollutants or groups of pollutants representing an unacceptable risk to the environment and/or the population shall be allowed to have more stringent restrictions;

(Amendment 6)

Recital 18a

>Original text>

(18a) Whereas the precautionary principle and the principle of prevention at source require that pollution through the discharge of various dangerous substances be eliminated; whereas the Council should, on a proposal by the Commission, agree on the substances to be considered for action as a priority; whereas the Council should, on proposals from the Commission, adopt measures for progressive elimination of pollution by those substances, taking into account all significant sources and the cost-effectiveness and proportionality of the available reduction options;

>Text following EP vote>

(18a)

Whereas the precautionary principle and the principle of prevention at source require that pollution through the discharge of all pollutants or groups of pollutants presenting an unacceptable risk to the environment and/or human population must be eliminated; whereas the Council and the European Parliament should, on a proposal by the Commission, submitted by 31 December 1998 and added to and reviewed at least every three years, agree on the substances to be considered for action as a priority; whereas the Council and the European Parliament should, on proposals from the Commission, adopt measures for progressive elimination of pollution by those substances, taking into account all sources, aiming at the goal of reducing the load of hazardous substances by 50% by 2010, by 75% by 2015 and by close to zero by 2020, taking 1995 as a reference year;

(Compromise Amendment 191)

Recital 19

>Original text>

(19) Whereas common principles are needed in order to coordinate Member States¨ efforts to improve water quantity and quality, to promote sustainable water consumption, to contribute to the control of transboundary pollution problems, to protect ecosystems, in particular aquatic ecosystems, and to safeguard the recreational potential of Community waters;

>Text following EP vote>

(19)

Whereas 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 promote sustainable water use, to contribute to the control of transboundary water problems, to protect aquatic ecosystems and terrestrial ecosystems and wetlands directly depending on them, and to safeguard and develop the potential uses of Community waters;

(Amendment 8)

Recital 20

>Original text>

(20) Whereas common definitions of the status of water in terms of quality and quantity should be established; whereas environmental objectives should be set to ensure that good status of surface water and groundwater is achieved at Community level;

>Text following EP vote>

(20)

Whereas common definitions of the status of water in terms of quality and quantity should be established; whereas environmental objectives should be set to ensure that good status of surface water and groundwater is achieved throughout the Community and that deterioration in the status of waters is avoided at Community level;

(Amendment 125)

Recital 27

>Original text>

(27) Whereas, to ensure the participation of the general public and of individual users of water, it is necessary to provide proper information of planned measures and to report on progress with their implementation with a view to their involvement before final decisions on the necessary measures are adopted;

>Text following EP vote>

(27)

Whereas, to ensure the participation of the general public and of individual users of water, it is necessary to provide, free of charge and available on the Internet, proper information of planned measures and to report on progress with their implementation with a view to their involvement before final decisions on the necessary measures are adopted;

(Amendment 9)

Recital 29

>Original text>

(29) Whereas further integration of sustainable water management into other Community policy areas and, in particular, into agriculture policy, regional policy and fisheries policy is necessary; whereas this Directive will provide a basis for a continued dialogue and for the development of strategies towards a further integration of policy areas; whereas this Directive will therefore bring an important contribution to implementing the main principles and objectives of the European Spatial Development Perspective (ESDP);

>Text following EP vote>

(29)

Whereas further integration of sustainable water management into other Community policy areas and, in particular, into agriculture policy, regional policy, tourism policy and fisheries policy is necessary; whereas the proposal for a European Parliament and Council Decision on an action programme for integrated groundwater protection and management (COM(96)0315 of 10 July 1996) makes a significant contribution in this area; whereas this Directive will provide a basis for a continued dialogue and for the development of strategies towards a further integration of policy areas; whereas this Directive will therefore make an important contribution to implementing the main principles and objectives of the European Spatial Development Perspective (ESDP);

(Amendment 10)

Recital 30a (new)

>Original text>

>Text following EP vote>

(30a) Whereas, should natural disasters such as droughts or floods occur, it could prove difficult if not impossible to achieve good status of water; whereas, therefore, provision should be made for granting an additional deadline in the implementation of environmental protection measures;

(Amendment 182)

Recital 32

>Original text>

(32) Whereas the use of economic instruments may be appropriate as part of a programme of measures; whereas under the polluter-pays principle any damage or negative impact on the aquatic environment caused by pollutants, abstraction and other use of water should be taken into account; whereas costs of water use should be fully recovered from the water user;

>Text following EP vote>

(32)

Whereas the use of economic instruments may be appropriate as part of a programme of measures; whereas, if they are used properly, management can be improved and more rational use of resources encouraged; whereas under the polluter-pays principle any damage or negative impact on the aquatic environment caused by pollutants or inadequate or improper use of water resources should be taken into account;

(Amendment 11)

Recital 35

>Original text>

(35) Whereas the Commission should present annually an updated plan for possible future initiatives which it is planning or considering for the water sector;

>Text following EP vote>

(35)

Whereas the Commission should publish annually an updated plan for possible future initiatives which it is planning or considering for the water sector and, biennially, a report on the implementation of this Directive;

(Amendment 12)

Recital 37, 1st paragraph, introduction

>Original text>

(37) Whereas the implementation of programmes of measures for river basins under this Directive will achieve a level of protection of waters at least equivalent to that provided for in:

>Text following EP vote>

(37)

Whereas the implementation of programmes of measures for river basins under this Directive must achieve a level of protection of waters at least equivalent to that provided for in:

(Amendment 13)

Recital 37a (new)

>Original text>

>Text following EP vote>

(37a) Whereas, before the legislative measures referred to in Article 26 are repealed with effect from 31 December 2007, steps must be taken to ensure that the new provisions:

- guarantee at the least the same level of protection and

- have already been transposed into national law by all Member States;

(Amendment 14)

Recital 37b (new)

>Original text>

>Text following EP vote>

(37b) Whereas the principle of sound water policy should not be permanently waived purely to promote the sustainable development of an economic region as a whole;

(Amendment 15)

Recital 38a (new)

>Original text>

>Text following EP vote>

(38a) Whereas there is no natural right to discharge hazardous or radioactive substances into water; whereas scientific and technical progress allows for the application of progressively less polluting production technologies;

(Amendment 16)

Recital 38b (new)

>Original text>

>Text following EP vote>

(38b) Whereas, except in emergency situations, human water demands in a hydrological area or river basin should be satisfied with the available water resources in the basin;

(Compromise Amendment 192)

Article 1(a)(i)

>Original text>

(i) prevents further deterioration and protects and enhances the status of aquatic ecosystems and, with regard to their water needs, terrestrial ecosystems,

>Text following EP vote>

(i)

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,

(Amendment 18)

Article 1(a)(ii)

>Original text>

(ii) promotes sustainable water consumption based on long-term protection of available water resources, and;

>Text following EP vote>

(ii)

promotes sustainable and efficient water use based on long-term protection of available water resources within a hydrological area or river basin;

(Amendment 19)

Article 1(a)(iia)(new)

>Original text>

>Text following EP vote>

(iia) phases out discharges, emissions, and losses of hazardous substances into the aquatic environment by the year 2020;

(Amendment 20)

Article 1(a)(iib) (new)

>Original text>

>Text following EP vote>

(iib) helps to alleviate the adverse effects of flooding and drought;

(Amendment 22)

Article 1(b)

>Original text>

(b) for territorial and other marine water, incorporates the requirements for protection established in other Community legislation and pursuant to the United Nations Convention on the Law of the Sea,

>Text following EP vote>

(b)

for territorial and other marine water:

(i) incorporates the requirements for protection established in other Community legislation and pursuant to the United Nations Convention on the Law of the Sea;

(ii) phases out discharges, emissions, and losses of hazardous substances into the aquatic environment by the year 2020 to near zero levels with intermediate aims of a 50% reduction in 2010 and a 75% reduction in 2015;

(Amendment 21)

Article 1, concluding phrase

>Original text>

and thereby contributes to the provision of a supply of water of the qualities and in the quantities needed for sustainable use of these resources.

>Text following EP vote>

and thereby contributes to

the stable management of water resources with a view to providing all the uses required for sustainable development.

(Amendment 183)

Article 2(5a) (new)

>Original text>

>Text following EP vote>

5a. 'artificial body of water¨ means a body of water created by human activity.

(Amendment 184)

Article 2(5b) (new)

>Original text>

>Text following EP vote>

5b. 'extensively modified body of water¨ means a body of water which, as a result of physical changes produced by human activity, has substantially changed its characteristics compared to the reference standard established by the Member State.

(Amendment 23)

Article 2(7a) (new)

>Original text>

>Text following EP vote>

7a. 'aquifer¨ means a subsurface layer or layers of rock of sufficient porosity and permeability to allow a significant flow of groundwater and the abstraction of significant quantities of water;

(Amendment 24)

Article 2(7b) (new)

>Original text>

>Text following EP vote>

7b. 'body of groundwater¨ means a hydrogeologically distinct volume of groundwater within an aquifer or aquifers;

(Amendment 25)

Article 2(12a) (new)

>Original text>

>Text following EP vote>

12a. 'combined approach¨ means reduction of emissions, initially in accordance with best available technologies (BAT), then examination of whether the water quality which is achieved satisfies the environmental quality objectives laid down in this Directive and whether further measures over and above BAT are needed;

(Compromise Amendment 193)

Article 2(17)

>Original text>

17. 'ecological status¨ is an expression of the quality of the structure and functioning of aquatic ecosystems associated with surface waters. It takes into account the physico-chemical nature of the water and sediment, the flow characteristics of the water and the physical structure of the water body, but it concentrates on the condition of the biological elements of the ecosystem;

>Text following EP vote>

17.

'ecological status¨ is an expression of the quality of the structure and functioning of aquatic ecosystems associated with surface waters, classified in accordance with Annex V;

(Amendment 27)

Article 2(22)

>Original text>

22. 'high chemical status¨ means the chemical status achieved by a body of water in which no pollutants are present in levels in excess of natural background levels;.

>Text following EP vote>

22.

'high chemical status¨ means the chemical status achieved by a body of water in which no pollutants or groups of pollutants, identified as posing an unacceptable risk to the environment, are present at a concentration exceeding the level at which it can be detected;

(Amendment 28)

Article 2(23)

>Original text>

23. 'good chemical status¨ means the chemical status achieved by a body of water in which concentrations of pollutants do not exceed the environmental quality standards established in Annex IX and pursuant to Article 21(6), and pursuant to other relevant Community legislation setting environmental quality standards, and in which the trends in monitoring data do not suggest that such environmental quality standards will be exceeded in the future.

>Text following EP vote>

23.

'good surface water chemical status¨ means the chemical status achieved by a body of surface water in which concentrations of pollutants do not exceed the environmental quality standards established in Annex IX and pursuant to Article 21(6), and pursuant to other relevant Community legislation setting environmental quality standards, and in which the trends in monitoring data do not suggest that such environmental quality standards will be exceeded in the future.

>Original text>

>Text following EP vote>

Good surface water chemical status is the chemical status required to meet the environmental objectives for surface waters established in Article 4(1)(a).

(Amendment 29)

Article 2(23a) (new)

>Original text>

>Text following EP vote>

23a. 'good groundwater chemical status¨ means an only insignificantly anthropogenically polluted groundwater and the chemical status achieved by a body of groundwater in which the concentrations of pollutants do not exceed the environmental quality standards in relevant Community legislation setting environmental quality standards - such as Council Directive 91/676/EEC of 12 December 1991, concerning the protection of waters against pollution caused by nitrates from agricultural sources(1), Council Directive 97/57/EC of 22 September 1997 establishing Annex VI to Directive 91/414/EEC concerning the placing of plant protection products on the market(2) and European Parliament and Council Directive 98/8/EC of 16 February 1998 concerning the placing of biocidal products on the market(3) and in which the concentrations of pollutants do not result in any significant diminution of the ecological quality of associated surface water bodies, or in any significant damage to associated terrestrial ecosystems, and for which monitoring data do not reveal any trend likely to result in the infringement of the environmental quality standards, or the loss of ecological quality in associated surface waters or damage to associated terrestrial ecosystems referred to above.

_______________

(1) OJ L 375, 31.12.1991, p. 1.

(2) OJ L 265, 27.9.1997, p. 87.

(3) OJ L 123, 24.4.1998, p. 1.

(Amendment 30)

Article 2(24)

>Original text>

24. 'quantitative status¨ is an expression of the degree to which a body of groundwater is permanently depleted by direct and indirect abstractions and alterations to its natural rate of recharge;

>Text following EP vote>

24.

'quantitative status¨ is an expression of the degree to which a body of groundwater is unsustainably depleted as a result of direct and indirect abstractions in excess of the available groundwater resource;

(Amendment 31)

Article 2(24a) (new)

>Original text>

>Text following EP vote>

24a. 'available groundwater resource¨ means the long term annual average rate of overall recharge of the body of groundwater less the long term annual average rate of flow required so as not to prejudice the achievement by surface waters of the environmental objectives under Article 4 and so as to avoid any significant damage to associated terrestrial ecosystems;

(Amendment 32)

Article 2(26), 1st paragraph

>Original text>

26. 'good quantitative status¨ means the quantitative status achieved by a body of groundwater in which abstractions and alterations to the natural rate of recharge are sustainable in the long term without leading to loss of ecological quality in associated surface waters or damage to associated terrestrial ecosystems.

>Text following EP vote>

26.

'good quantitative status¨ means the quantitative status achieved by a body of groundwater in which the available groundwater resource is not exceeded by the current rate of abstraction.

(Amendment 33)

Article 2(27a) (new)

>Original text>

>Text following EP vote>

27a. 'hazardous substances¨ means

>Original text>

>Text following EP vote>

(i) substances or groups of substances that are toxic, persistent and liable to bioaccumulate;

>Original text>

>Text following EP vote>

(ii) other substances or groups of substances which are assessed as requiring a similar approach to substances referred to in (i), even if they do not meet all the criteria for toxicity, persistence and bioaccumulation, but give rise to concern;

>Original text>

>Text following EP vote>

This category includes both substances which work synergistically with other substances to generate such concern, and also substances which do not themselves justify inclusion, but which degrade or transform into substances referred to in (i) or substances which require a similar approach:

(Amendment 157)

Article 2(27b)(new)

>Original text>

>Text following EP vote>

27b. 'direct discharge¨ means discharge of substances pursuant to Annex VIII into the groundwater without passing through the soil or subsoil;

(Amendment 34)

Article 2(30)

>Original text>

30. 'environmental quality standard¨ means 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.

>Text following EP vote>

30.

'environmental quality standard¨ means the concentration of a particular pollutant or group of pollutants or radioactive substances in water, sediment or biota which should not be exceeded in order to protect human health and the environment.

>Original text>

For the purposes of this Directive, environmental quality standards are established at a Community level in Annex IX and pursuant to Article 21(6). In addition, environmental quality standards shall be established by Member States pursuant to Article 8(2) in respect of waters used for the abstraction of drinking water, pursuant to Article 13(3)(d) in respect of waters failing to achieve good ecological status, and pursuant to Article 21(6) in respect of priority substances for which no Community standards have yet been set. All these environmental quality standards shall be regarded as environmental quality standards for the purposes of point 7 of Article 2 and Article 10 of Directive 96/61/EC.

>Text following EP vote>

For the purposes of this Directive, environmental quality standards are established at a Community level in Annex IX and pursuant to Article 21(6). In addition, environmental quality standards shall be established by Member States pursuant to Article 8(2) in respect of waters used for the abstraction of drinking water, and pursuant to Article 13(3)(d) in respect of waters failing to achieve good ecological status. All these environmental quality standards shall be regarded as environmental quality standards for the purposes of point 7 of Article 2 and Article 10 of Directive 96/61/EC.

(Amendment 35)

Article 3(3), 2nd subparagraph

>Original text>

Member States shall jointly ensure that appropriate administrative arrangements, including the designation of appropriate competent authorities, are established to ensure that the application of the rules of this Directive is coordinated and overseen within such international river basin districts.

>Text following EP vote>

Member States shall jointly ensure that appropriate administrative arrangements, including the designation of appropriate

administrative authorities, which either are involved in an international cooperation or constitute an international body, are established to ensure that the application of the rules of this Directive is coordinated and overseen within such international river basin districts. The Member States shall ensure that the management authorities of the river basin district have the standing and capacity to deal with the management of the river area in order to simplify the transboundary aspects.

(Amendment 36)

Article 3(3), 2nd subparagraph a (new)

>Original text>

>Text following EP vote>

Various international river basin districts may be grouped together in order to carry out integrated action and joint physical planning at European level designed to draw up a trans-European water management plan.

(Amendment 123)

Article 3(4), 2nd subparagraph (new)

>Original text>

>Text following EP vote>

Where part of a river basin covers the territory of more than one Member State, the Member States concerned shall encourage cooperation between the appropriate competent authorities so as to simplify the management of cross-border aspects.

(Amendment 37)

Article 3(5)

>Original text>

5. Member States may designate existing national or international bodies as competent authorities for the purposes of this Directive. In such cases, they shall ensure that the resulting competent authorities have the powers and authority needed to meet the obligations imposed by this Directive.

>Text following EP vote>

5.

Member States may designate existing national or international bodies as competent authorities for the purposes of this Directive. In such cases, they shall ensure that the resulting competent authorities have the powers and authority needed to meet the obligations imposed by this Directive. In the case of river basins which extend over international boundaries, priority must be given to maintaining the structures stemming from existing international agreements.

(Amendment 39)

Article 3a (new)

>Original text>

>Text following EP vote>

Article 3a

Restriction of discharge into

surface waters

>Original text>

>Text following EP vote>

1. Member States shall restrict discharges into surface waters through a combined approach. The discharge limit values shall be set on the basis of current technology, as set out in Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment(1), Directive 96/61/EC mentioned above and other emissions directives. For substances listed in Annex VIII of this Directive (priority substances) the Council, on a proposal from the Commission, shall set Community-wide uniform discharge limit values (emissions standards). Further measures shall be taken when the restriction of discharge on the basis of current technology is not sufficient to satisfy the water quality objectives pursuant to Article 4.

>Original text>

>Text following EP vote>

2. Member States shall ensure that discharges into surface waters are subject to authorisation and the establishment of discharge limit values. The restriction of discharge shall be achieved through the combined approach.

____________

(1) OJ L 135, 30.5.1991, p. 40.

(Amendment 40)

Article 4(1), introduction

>Original text>

1. Member States shall draw up and make operational within a comprehensive river basin management plan the programmes of measures envisaged as necessary, in order to:

>Text following EP vote>

1.

Member States shall ensure that the river basin district management authorities make operational the programmes of measures specified in the river basin district management plans. The objectives of the plans shall be to:

(Amendment 41)

Article 4(1)(a)

>Original text>

(a) prevent deterioration of ecological quality and pollution of surface waters and restore polluted surface waters, in order to achieve good surface water status in all surface waters by 31 December 2010;

>Text following EP vote>

(a) protect, enhance and restore surface waters in order to achieve good status in all bodies of surface water by 31 December 2010;

(Amendment 42)

Article 4(1)(aa) (new)

>Original text>

>Text following EP vote>

(aa) prevent deterioration in the status of all surface waters;

(Amendment 43)

Article 4(1)(ab) (new)

>Original text>

>Text following EP vote>

(ab) achieve the ultimate aim of concentrations in the environment near background values for naturally occurring substances and close to zero concentrations for man-made synthetic substances;

(Amendments 44 and 185)

Article 4(1)(b)

>Original text>

(b) prevent deterioration of groundwater quality, restore polluted groundwater, and ensure a balance between abstraction and recharge of groundwater, in order to achieve good groundwater status in all groundwaters by 31 December 2010; and

>Text following EP vote>

(b) protect, enhance and restore groundwater in order to achieve good groundwater status in all bodies of groundwater within six years of the establishment of the programme of measures;

(Amendment 45)

Article 4(1)(ba) (new)

>Original text>

>Text following EP vote>

(ba) prevent deterioration of groundwater quality in all groundwaters;

(Amendment 46)

Article 4(1)(d)

>Original text>

(d) eliminate pollution of the waters by certain pollutants in accordance with point (h) of Article 13(3);

>Text following EP vote>

(d)

eliminate pollution of the waters by certain pollutants in accordance with point (h) of Article 13(3) through a plan consisting of a step-by-step reduction: 50% by 2010, 75% by 2015 and zero by 2020, on the basis of emissions evaluated on the basis of the requirements in Article 6(1);

(Amendment 47)

Article 4(1)(e)

>Original text>

(e) comply with all requirements in other Community legislation for territorial and other marine waters, and take all measures consistent with international law necessary to prevent, reduce and control pollution of the marine environment from any source, using for this purpose the best practicable means at their disposal and in accordance with their capabilities.

>Text following EP vote>

(e)

comply with all requirements in other Community legislation for territorial and other marine waters, and take all measures consistent with international law necessary to prevent, reduce, control and work towards the elimination of pollution of the marine environment from any source.

(Amendment 48)

Article 4(3)(a)

>Original text>

(a) natural conditions do not allow rapid improvements in the status of the body of water;

>Text following EP vote>

(a)

natural conditions or the occurrence of any natural disasters such as droughts or floods do not allow rapid improvements in the status of the body of water;

(Amendment 49)

Article 4(4)(a)

>Original text>

(a) the body of water is severely affected by human activity and improvements in status are proven to be impossible or prohibitively expensive;

>Text following EP vote>

(a)

the body of water is, or will be within the period to which the river basin district management plan refers, severely affected by human activity;

>Original text>

>Text following EP vote>

(aa) the human activity is necessary for the purposes of the protection of human health, or for the maintenance of human safety or for the purposes of sustainable development within the economic area in which the body of water is located;

>Original text>

>Text following EP vote>

(ab) the objectives of the human activity cannot be achieved by other means, which:

- are a better practical environmental option;

- do not result in disproportionate expense;

- are achievable within the period to which the river basin district management plan refers.

(Amendment 51)

Article 4(4)(b)

>Original text>

(b) the environmental objectives are established so as to ensure no further deterioration in status in order not to compromise the achievement of the objectives of this Directive in other bodies of water within the same river basin district;

>Text following EP vote>

(b)

the environmental objectives are established at a level which:

- does not compromise the achievement of the objectives of this Directive in other bodies of water within the same River basin district;

- represents a water status no more than slightly below the highest which could be achieved given the unavoidable impact of the human activity.

(Amendment 52)

Article 4(4)(c)

>Original text>

(c) the establishment of less stringent environmental objectives, and the reasons for it, are specifically mentioned in the river basin management plan required under Article 16;

>Text following EP vote>

(c)

the establishment of less stringent environmental objectives, and the reasons for it, are specifically mentioned in the river basin district management plan required under Article 3a;

(Amendment 50)

Article 4(4a) (new)

>Original text>

>Text following EP vote>

4a. Should a body of water be affected by a state of drought, the Member States may adopt temporary derogations from the environmental objectives set out in paragraph 1 for the duration of the drought.

(Amendment 53)

Article 5(1), 1st subparagraph

>Original text>

1. Member States shall ensure that an analysis of the characteristics of each river basin district is undertaken and that it is completed by 31 December 2001. Such analyses shall cover the following elements:

>Text following EP vote>

1.

Member States shall ensure that an analysis of the characteristics of each river basin district is undertaken in accordance with Annex II and that it is completed no later than five years after the entry into force of this Directive. Such analyses shall cover the following elements:

>Original text>

(a) the geographical and geological characteristics of the river basin district;

>Text following EP vote>

(a)

the geographical and geological characteristics of the river basin district;

>Original text>

(b) the hydrographical characteristics of the river basin district;

>Text following EP vote>

(b)

the hydrographical characteristics of the river basin district;

>Original text>

(c) the demographic characteristics of the river basin district; and

>Text following EP vote>

(c)

the demographic characteristics of the river basin district;

>Original text>

(d) land use and economic activity within the river basin district.

>Text following EP vote>

(d)

land use and economic activity within the river basin district;

>Original text>

>Text following EP vote>

(da)

existing reservoirs and dams, classified according to purpose (hydro-electricity generation, water supply, multiple use).

(Amendment 54)

Article 5(2)

>Original text>

2. The technical specifications of Annex II shall, for the purpose of the analysis, be adopted by the Commission by 31 December 1999 at the latest, in accordance with the procedure laid down in Article 25. The technical specifications shall replace the current Annex II.

>Text following EP vote>

Deleted

(Amendment 171)

Article 5a (new)

>Original text>

>Text following EP vote>

Article 5a

Cost-benefit study

Within five years from the date of implementation of this Directive, the Commission, with the assistance of the appropriate authorities in the Member States, shall carry out a cost-benefit study for the purpose of determining the amount of investment that has been required for the implementation of this Directive.

(Amendment 55)

Article 6(1) and (2)

>Original text>

1. Member States shall ensure that, for each river basin district, a review of the impact of human activity on the status of surface waters and on groundwater is undertaken and that it is completed by 31 December 2001. Such reviews shall cover the following elements:

>Text following EP vote>

1.

Member States shall ensure that, for each river basin district, a review of the impact of human activity on the status of surface waters and on groundwater and an assessment of the impact of such activity on the adjoining maritime areas into which the waters of the river basin district flow are undertaken and that they are completed no later than five years after the entry into force of this Directive. Such reviews shall cover the following elements:

>Original text>

(a) estimations of point source pollution;

>Text following EP vote>

(a)

estimations from discharges, emissions and losses of point sources;

>Original text>

(b) estimations of diffuse source pollution;

>Text following EP vote>

(b)

estimations from discharges, emissions and losses of diffuse sources;

>Original text>

(c) estimations of water abstractions; and

>Text following EP vote>

(c)

estimations of water abstractions;

(ca) a report on existing reservoirs and dams;

>Original text>

(d) an analysis of other anthropogenic influences on the status of water.

>Text following EP vote>

(d)

an analysis of other anthropogenic influences on the status of water;

>Original text>

>Text following EP vote>

(da) estimation of the environmental deterioration arising from use of the water concerned, especially as regards aquatic ecosystems.

>Original text>

2. The technical specifications of Annex III shall, for the purpose of the review, be adopted by the Commission by 31 December 1999 at the latest, in accordance with the procedure laid down in Article 25. The technical specifications shall replace the current Annex III.

>Text following EP vote>

2.

The technical specifications of Annex III shall, for the purpose of the reviews referred to in paragraph 1, be adopted by the Commission by 31 December 1999 at the latest, in accordance with the procedure laid down in Article 25. The technical specifications shall replace the current Annex III.

(Amendment 56)

Article 7(1)(a)

>Original text>

(a) the abstraction and distribution of fresh water;

>Text following EP vote>

(a)

the abstraction (licensed and actual), distribution and use of fresh water;

(Amendment 57)

Article 7(1)(aa) (new)

>Original text>

>Text following EP vote>

(aa) the collection, discharge and use of rainwater;

(Amendment 58)

Article 7(1)(b)

>Original text>

(b) the collection and discharge of waste water;

>Text following EP vote>

(b)

the collection, discharge and reuse of waste water;

(Amendment 59)

Article 7(1)(e)

>Original text>

(e) long-term forecasts of supply and demand;

>Text following EP vote>

(e)

long-term forecasts of supply and demand, broken down for low-, medium- and high-demand scenarios;

(Amendment 60)

Article 7(1)(ea) (new)

>Original text>

>Text following EP vote>

(ea) long-term forecasts of achievable savings by improvements in water-use efficiency, broken down into different sectors of water use, including household, industry and agriculture.

(Amendment 158)

Article 8(2)

>Original text>

2. For each body of water identified under paragraph 1, Member States shall ensure the establishment of environmental quality standards designed to ensure that, under the anticipated water treatment regime, and in accordance with Community legislation, the resulting water will meet the requirements of Directive 80/778/EEC.

>Text following EP vote>

2.

For each body of surface water identified under paragraph 1, the quality standards laid down in Annex V must as a minimum be met in order to ensure a quality of water that in order to meet the requirements of Directive 80/778/EEC requires the least intensive purification treatment possible to reach drinking water quality.

(Amendment 62)

Article 8(2a) (new)

>Original text>

>Text following EP vote>

2a. The Member States shall present an action plan showing how they intend to achieve the status of each body of water identified under paragraph 1, so that the treatment facilities can be minimised to meet the requirements of Directive 80/778/EEC. The action plan shall emphasise the measures required for pollution prevention at source and reduction of pollution from point sources and diffuse sources.

(Amendment 63)

Article 10(1)

>Original text>

1. Member States shall ensure the 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. For surface waters such programmes shall cover monitoring of the ecological and chemical status. For groundwaters such programmes shall cover monitoring of the chemical and quantitative status. These programmes shall be operational by 31 December 2001. Such monitoring shall cover the elements listed in Annex V.

>Text following EP vote>

1.

Member States shall ensure the establishment of programmes for the monitoring of water status in order to establish a coherent and comprehensive overview of water status for each river basin district, as well as for the adjoining maritime areas into which the waters of the river basin district flow. For surface waters such programmes shall cover quantitative monitoring of the volume and level or rate of flow, and the ecological and chemical status. For groundwaters such programmes shall cover monitoring of the chemical and quantitative status. These programmes shall be operational by 31 December 2001. Such monitoring shall cover the elements listed in Annex V.

(Amendment 64)

Article 10(2a) (new)

>Original text>

>Text following EP vote>

2a. The technical specifications shall include the use of standardized methods for analysing and monitoring quality recognized by all the Member States.

(Amendment 65)

Article 12(1)

>Original text>

1. By 2010, Member States shall ensure full cost recovery for all costs for services provided for water uses overall and by economic sectors, broken down at least into households, industry and agriculture.

>Text following EP vote>

1.

By 2010, Member States shall ensure full cost recovery for all costs for services provided for water uses overall, including abstraction, and by economic sectors, broken down at least into households, industry and agriculture.

(Amendment 66)

Article 12(1a) (new)

>Original text>

>Text following EP vote>

1a. Where it is not possible, or impractical, to calculate the full environmental costs of water use, charges shall be set at a level which encourages the attainment of the environmental objectives of this Directive.

(Amendment 67)

Article 12(1b) (new)

>Original text>

>Text following EP vote>

1b. In accordance with the polluter pays principle, Member States shall ensure that the charging system provides that users faced with a need to treat their water as a result of another's polluting activities can fully recover their additional costs from the polluter.

(Amendment 68)

Article 12(2)

>Original text>

2. Following the analysis required under Article 7 and Annex II of methods for calculating the environmental and resource costs and benefits of water use, the Commission shall, where appropriate, come forward with proposals to ensure that environmental and resource costs not covered under paragraph 1 are reflected in the price of water uses.

>Text following EP vote>

2.

Following the analysis required under Article 7 and Annex II of methods for calculating the environmental and resource costs and benefits of water use, the Commission shall, where appropriate, come forward with proposals to ensure that environmental and resource costs not covered under paragraph 1 are reflected in the price of water uses by 2012.

(Amendment 69)

Article 12(3), 1st subparagraph (c) and 2nd subparagraph

>Original text>

(c) in order to take account of a specific geographical or climatic situation of a region eligible for assistance pursuant to Objectives 1, 5b and 6 of the Structural Funds.

>Text following EP vote>

In regions designated as Objectives 1, 5b or 6 under the Structural Funds, the water charging schemes established shall still apply but Community assistance, where appropriate, can be used for this purpose.

>Original text>

Exemptions shall be explained in detail in the river basin management plans required under Article 16, and a detailed explanation shall be sent to the Commission within six months of the entry into force of those exemptions.

>Text following EP vote>

A detailed explanation

of the basis for any exemptions, and details of any exemptions granted, shall be sent to the Commission within six months of their entry into force and published in the river basin district management plans.

(Amendment 70)

Article 13(1)

>Original text>

1. Member States shall ensure the establishment within each river basin district of a programme of measures designed to achieve the environmental objectives established pursuant to Article 4. A programme of measures shall be part of each river basin management plan in accordance with Article 16. In drawing up and carrying out these programmes, Member States shall adhere to the environmental results required pursuant to Directive 76/464/EEC.

>Text following EP vote>

1.

Member States shall ensure the establishment within each River basin district of a programme of measures designed to achieve the environmental objectives established pursuant to Article 4. A programme of measures shall be part of each river basin district management plan in accordance with Article 3a. In drawing up and carrying out these programmes, Member States shall take all appropriate steps to implement measures in respect of substances for which measures are taken or are required to be taken under paragraph 3(f) below or Article 21 in such a way that they do not increase the pollution of waters to which this Directive does not apply. The application of such measures may on no account lead, either directly or indirectly, to increased pollution of surface and/or territorial waters.

(Amendment 71)

Article 13(3)(d)

>Original text>

(d) the following measures shall apply to all bodies of water having a status 'below good¨:

>Text following EP vote>

(d)

the following measures shall apply to all bodies of water failing to achieve the environmental quality objectives set under Article 4:

>Original text>

>Text following EP vote>

(-i) investigation of the causes of the water body failing to achieve the environmental objectives, including consideration of the hydromorphological and physico-chemical condition of the water body;

>Original text>

(i) more intensive monitoring of the extent and nature of the pollution within the body of water;

>Text following EP vote>

(i) more intensive monitoring of the extent and nature of any pollution within the body of water, and of any human alterations to the natural hydromorphological condition of the water body;

>Original text>

(ii) establishment of environmental quality standards for the pollutants thus identified, designed to ensure that the objective set pursuant to Article 4 in respect of ecological status is achieved by 31 December 2010. These standards must be at least as stringent as the standards established in Annex IX or pursuant to Article 21(6) or in other relevant Community legislation;

>Text following EP vote>

(ii) establishment of environmental quality standards for surface waters for any pollutants thus identified, designed to ensure that the objective set pursuant to Article 4 in respect of ecological status is achieved by 31 December 2010. These standards must be at least as stringent as the standards established in Annex IX or pursuant to Article 21(6) or in other relevant Community legislation;

>Original text>

(iii) investigation of the source of pollution; and

>Text following EP vote>

>Original text>

(iv) immediate review of all relevant authorisations and discharge permits followed by action on the basis of the level of risk involved;

>Text following EP vote>

(iv) immediate review of all relevant authorisations and discharge permits followed by action on the basis of the level of risk involved;

>Original text>

>Text following EP vote>

(iva) establishment of measures necessary to ensure that the hydromorphological condition of the water body is such as to ensure the achievement of the objectives set under Article 4 in respect of ecological status.

(Amendment 72)

Article 13(3)(e)

>Original text>

(e) controls over the abstraction of fresh surface water and groundwater, including a register of water abstractors and a requirement of prior authorization for abstraction except in areas where the Member State concerned has demonstrated, and reported to the Commission, that abstraction has no significant impact on water status and that the total level of abstraction amounts to a small proportion of the available resources;

>Text following EP vote>

(e)

controls over the abstraction of surface water and groundwater, including a register of water abstractors and a requirement of prior authorization for abstraction and, where abstraction may have an impact on water status, a requirement for an environmental impact assessment;

(Amendment 73)

Article 13(3)(ea) (new)

>Original text>

>Text following EP vote>

(ea) a requirement to implement measures for more efficient use of water in all water-use sectors if water demand exceeds the quantity sustainably available within a river basin, particularly by application of best available water-saving and recycling technology;

(Amendment 74)

Article 13(3)(eb) (new)

>Original text>

>Text following EP vote>

(eb) in cases where an adequate supply of wholesome drinking water cannot be secured, a requirement to empower the competent local authority to reallocate water from uses in other water-use sectors;

(Amendment 75)

Article 13(3)(ec) (new)

>Original text>

>Text following EP vote>

(ec) a requirement for prior authorisation of inter-basin water transfers and a limitation of such transfers to cases where all measures within the receiving river basin to reduce demand under paragraph 3(ea) are shown to have been taken;

(Amendment 76)

Article 13(3)(ed) (new)

>Original text>

>Text following EP vote>

(ed) a requirement for prior authorisation of artificial recharge of groundwater aquifers and a limitation of artificial recharge to cases where all measures to reduce demand under paragraph 3(ea) are shown to have been taken;

(Compromise Amendment 201)

Article 13(3)(g)

>Original text>

(g) a prohibition on the direct discharge into groundwater of the substances listed in Annex VIII.

>Text following EP vote>

(g)

a prohibition on direct discharges of pollutants into groundwater subject to the following provisions:

>Original text>

>Text following EP vote>

Member States may authorise re-injection into the same aquifer of water used for geothermal purposes.

>Original text>

>Text following EP vote>

They may also authorise, specifying the conditions for:

>Original text>

>Text following EP vote>

- injection of water containing substances resulting from the exploration and extraction operations of hydrocarbons, and injection of water for technical reasons, into geological strata from which hydrocarbons have been extracted or into geological strata 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 quarries or associated with the construction or maintenance of civil engineering works;

>Original text>

>Text following EP vote>

- injection of natural gas and liquified petroleum gas (LPG) for storage purposes into geological strata which for natural reasons are permanently unsuitable for other purposes and for existing storages in compliance with Directive 80/68/EEC;

>Original text>

>Text following EP vote>

- discharges of small quantities of substances for scientific purposes for characterisation, protection or remediation of water bodies;

>Original text>

>Text following EP vote>

provided such discharges do not compromise the achievement of the environmental objectives established for that body of groundwater.

>Original text>

>Text following EP vote>

Member States may authorise artificial recharge or augmentation of groundwater bodies. The water used may be derived from any surface or groundwater, provided that the use of the source does not compromise the achievement of the environmental objectives established for the source or the recharged or augmented body of groundwater.

(Amendment 78)

Article 13(3)(ia) (new)

>Original text>

>Text following EP vote>

(ia) measures to achieve the environmental quality standards established under paragraph 3(d)(ii), notably in relation to sustainable water consumption.

(Amendment 79)

Article 13(4)

>Original text>

4. 'Supplementary measures¨ are those measures designed and implemented in addition to the basic measures in order to achieve the objectives set out pursuant to Article 4. The programme of measures shall include whichever supplementary measures are considered necessary in order to achieve those objectives, including those considered necessary to achieve the environmental quality standards established pursuant to point (d)(ii) of paragraph 3, notably in relation to sustainable water consumption. Part B of Annex VI contains a non-exclusive list of supplementary measures.

>Text following EP vote>

4.

'Supplementary measures¨ are those measures designed and implemented in addition to the basic measures in order to achieve the objectives set out pursuant to Article 4. The programme of measures shall include whichever supplementary measures are considered necessary in order to achieve those objectives. Part B of Annex VI contains a non-exclusive list of supplementary measures.

(Amendment 80)

Article 16

>Original text>

Article 16

River basin management plans

1. Member States shall ensure that within each river basin district a river basin management plan covering the whole of the river basin district is produced. The river basin management plan shall include the information detailed in Annex VII.

>Text following EP vote>

Deleted

>Original text>

2. River basin management plans shall be published by 31 December 2004.

>Text following EP vote>

>Original text>

3. River basin management plans shall be reviewed and updated by 31 December 2010 and every six years thereafter.

>Text following EP vote>

(Compromise Amendment 196)

Article 17(1) and (2)

>Original text>

1. Member States shall ensure that for each river basin district draft copies of the river basin management plan are published and access granted at least one year before the beginning of the period to which the plan refers. Upon request access shall be given to background documents and information used for the development of the draft river basin management plan.

>Text following EP vote>

1.

Member States shall encourage the active involvement of all interested parties and ensure that, for each river basin district, they publish and make available for comments to the public, including users:

(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;

>Original text>

2. Interested parties shall have at least six months to comment in writing on those documents in order to allow active involvement and consultation.

>Text following EP vote>

(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;

>Original text>

>Text following EP vote>

(c) draft copies of the river basin management plan, at least one year before the beginning of the period to which the plan refers.

>Original text>

>Text following EP vote>

Upon request access shall be given to background documents and information used for the development of the draft River Basin Management Plan.

>Original text>

>Text following EP vote>

2. Member States shall allow at least six months to comment in writing on those documents in order to allow active involvement and consultation.

(Amendment 82)

Article 18

>Original text>

Article 18

Planning by sub-basin, sector,

issue or water type

1. River basin management plans may be supplemented by the production of more detailed programmes and management plans to deal with particular aspects of water management, including:

>Text following EP vote>

Deleted

>Original text>

(a) programmes and management plans dealing with particular sub-basins within their river basin district;

>Text following EP vote>

>Original text>

(b) programmes and management plans dealing with particular sectors of the economy;

>Text following EP vote>

>Original text>

(c) programmes and management plans dealing with particular water issues; and

>Text following EP vote>

>Original text>

(d) programmes and management plans dealing with particular classes of water or particular ecosystems.

>Text following EP vote>

>Original text>

Reference to such planning activities shall be made in the river basin management plan.

>Text following EP vote>

>Original text>

2. Undertaking any of the planning activities shall not exempt Member States from any of their obligations under the rest of this Directive.

>Text following EP vote>

(Compromise Amendment 197)

Article 20(2) (new)

>Original text>

>Text following EP vote>

2. Member States shall, within three years of the publication of each river basin management plan or update under Article 16, submit an interim report describing progress in the implementation of the planned progamme of measures.

(Amendment 84)

Article 21(2), 1st paragraph, introduction

>Original text>

2. The Commission shall submit a proposal setting out a first priority list of substances by 31 December 1998. Substances shall be prioritised for action on the basis of risk to or via the aquatic environment, identified by:

>Text following EP vote>

2.

The Commission shall submit a proposal setting out a first priority list of substances by 31 December 1998, and thereafter, at least every three years. Substances shall be prioritised for action on the basis of risk to or via the aquatic environment, identified by:

(Amendment 85)

Article 21(2), last paragraph

>Original text>

The Commission shall review the priority list by 31 December 2004, and every 6 years thereafter, and come forward with proposals as appropriate.

>Text following EP vote>

The Commission shall

continuously review the priority list and come forward with proposals as appropriate.

(Amendment 86)

Article 21(3)

>Original text>

3. In preparing its proposal, the Commission shall take account of recommendations from the Scientific Committee for Toxicity and Ecotoxicity of Chemical Compounds, Member States, the European Parliament, the European Environment Agency, Community research programmes, international organisations to which the Community is a party, European business organisations including those representing SMEs, European environmental organisations, and of other relevant information which comes to its attention.

>Text following EP vote>

3.

In preparing its proposal, the Commission shall take account of recommendations from the Scientific Committee for Toxicity and Ecotoxicity of Chemical Compounds, Member States, the European Parliament, the European Environment Agency, Community research programmes, international organisations to which the Community is a party, the biennial conference on Community water policy, European business organisations including those representing SMEs, European environmental organisations, and of other relevant information which comes to its attention.

(Amendment 87)

Article 21(5), 1st subparagrah

>Original text>

5. For the substances on the priority list, the Commission shall submit proposals for controls on the principal sources of the emissions concerned. In doing so it shall take account of both product sources and process sources and shall identify the cost-effective and proportionate combination of controls. Where appropriate, action at Community level for process controls may be established on a sector-by sector basis.

>Text following EP vote>

5.

For the substances on the priority list, the Commission shall submit proposals for controls on the principal sources of the emissions concerned one year after each new triennial list, or more frequently, as appropriate. In doing so it shall take account of both product sources and process sources and shall identify the cost-effective and proportionate combination of controls. The Commission shall make proposals on this basis for EU-wide uniform emission standards. Action at Community level for process controls should usually be established on a sector-by-sector basis.

(Amendment 164)

Article 21(5a) (new)

>Original text>

>Text following EP vote>

5a. The Commission shall, using the procedure laid down in Annex IX, establish by 30 June 1999 a target list of substances which are potentially hazardous on the basis of their chemical, physical and biological properties. Substances for which such a hazard characterisation is not feasible due to a lack of relevant data shall be listed in a separate list of data-deficient substances. Both lists shall be annexed to this Directive as Parts A and B of Annex VIII

(Amendment 165)

Article 21(5b) (new)

>Original text>

>Text following EP vote>

5b. For data-deficient potentially hazardous substances, the Commission shall request the producer, trader and/or professional user to supply the standard data set of chemical, physical and biological properties. Potentially hazardous substances for which no standard data set has been supplied by 31 December 2003 shall be regarded as hazardous substances and added to the target list.

(Amendment 88)

Article 21(6)

>Original text>

6. The Commission shall submit proposals for quality standards applicable to the concentrations of the priority substances in water, sediments or biota. In the absence of such standards established at Community level, Member States shall establish in the river basin management plan environmental quality standards for these substances for all waters affected by discharges of those substances.

>Text following EP vote>

6.

The Commission shall, two years after the date referred to in Article 29, submit proposals for quality standards applicable to the concentrations of the priority substances in surface water, sediments or biota.

(Compromise Amendment 200)

Article 22

>Original text>

1. The Commission shall publish a report on the implementation of this Directive by 31 December 2006 and every six years thereafter.

>Text following EP vote>

1.

The Commission shall publish a report on the implementation of this Directive at the latest 12 years after the date mentioned in Article 29, and every six years thereafter, and shall submit it to the European Parliament and to the Council.

>Original text>

2. The Report shall include the following:

>Text following EP vote>

2.

The Report shall include the following:

>Original text>

(a) a review of progress in the implementation of the Directive;

>Text following EP vote>

(a)

a review of progress in the implementation of the Directive;

>Original text>

(b) a review of the status of surface water and groundwater in the Community;

>Text following EP vote>

(b)

a review of the status of surface water and groundwater in the Community;

>Original text>

(c) a comparative survey of the river basin management plans submitted in accordance with Article 20, including recommendations for the improvement of future plans;

>Text following EP vote>

(c)

a survey of the river basin management plans submitted in accordance with Article 20, including suggestions for the improvement of future plans;

>Original text>

(d) a response to each of the recommendations to the Commission made by competent authorities pursuant to Article 15; and

>Text following EP vote>

(d)

a summary of the response to each of the reports or recommendations to the Commission made by Member States pursuant to Article 15; and

>Original text>

(e) a summary of any strategies developed under Article 21.

>Text following EP vote>

(e)

a summary of any proposals, control measures and strategies developed under Article 21;

>Original text>

>Text following EP vote>

(ea) a summary of the responses made to comments made by the European Parliament and the Council on previous implementation reports.

>Original text>

>Text following EP vote>

2a. The Commission shall also publish a report on progress in implementation based on the summary reports that Member States submit under Article 20(2), and submit it to the European Parliament and the Member States, at the latest two years after the dates referred to in Articles 5 and 10.

>Original text>

>Text following EP vote>

2b. The Commission shall, within three years of the 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 20(2). This shall be submitted to the European Parliament and to the Council.

(Compromise Amendment 198)

Article 22(2c) (new)

>Original text>

>Text following EP vote>

2c. The Commission shall convene when appropriate in line 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.

>Original text>

>Text following EP vote>

Participants should include representatives from the competent authorities, the European Parliament, NGOs, the social and economic partners, consumer bodies, academics and other experts.

(Compromise Amendment 194)

Article 23(3)

>Original text>

3. The Commission shall review the obligations of this Directive with regard to territorial and other marine waters by 31 December 2001 and at least every six years thereafter, in the light of scientific developments, with a view to the further integration within the scope of this Directive of the management of those waters. The Commission shall submit a report on its review to Council and to the European Parliament accompanied by any amendments to this Directive that it considers necessary.

>Text following EP vote>

Deleted

(Amendment 91)

Article 24(1)

>Original text>

1. Annexes I, II, III, V, VIII and IX may be adapted to scientific and technical progress in accordance with the procedures laid down in Article 25.

>Text following EP vote>

1.

Annexes I, II, III, V, VIII and IX may be adapted to scientific and technical progress in accordance with the procedures laid down in Article 25 and published in accordance with the procedures and timetable in Article 22.

(Amendment 92)

Article 25

>Original text>

The Commission shall be assisted by a Committee composed of the representatives of the Member States and chaired by the representative of the Commission.

>Text following EP vote>

The Commission shall be assisted by a Committee composed of

one representative per Member State and chaired by the representative of the Commission.

>Original text>

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 148(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 weighed in the manner set out in that Article. The chairman shall not vote.

>Text following EP vote>

The representative of the Commission

shall publish and 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 148(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 weighed in the manner set out in that Article. The chairman shall not vote.

>Original text>

The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee.

>Text following EP vote>

The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee.

>Original text>

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. The Council shall act by a qualified majority.

>Text following EP vote>

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. The Council shall act by a qualified majority.

>Original text>

If, on the expiry of three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.

>Text following EP vote>

If, on the expiry of three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.

The Commission shall report on the measures proposed and taken under this Article in accordance with Articles 22, 23 and 24.

(Amendment 93)

Article 26

>Original text>

The following are repealed with effect from 31 December 2007:

- Directive 75/440/EEC;

- Decision 77/795/EEC;

- Directive 78/659/EEC;

- Directive 79/869/EEC;

- Directive 79/923/EEC;

- Directive 80/68/EEC;

- Directive 76/464/EEC, with the exception of Article 6, which shall be deleted with effect from the entry into force of this Directive.

>Text following EP vote>

1. The following shall be repealed five years after the date referred to in Article 27(1):

- Directive 75/440/EEC.

2. The following shall be repealed five years after the date referred to in Article 29:

- Decision 77/795/EEC;

- Directive 79/869/EEC.

3. The following shall be repealed ten years after the date referred to in Article 29:

- Directive 78/659/EEC;

- Directive 79/923/EEC;

- Directive 80/68/EEC.

>Original text>

>Text following EP vote>

4. Directive 76/464/EEC, the Directives listed in Annex IX and the Commission communication to the Council of 22 June 1982 on the hazardous substances in List I of Directive 76/464/EEC shall be repealed when the Member States have established emission limit values for the substances listed in Article 21(2), pursuant to Article 21(1) or Article 13(3)(f) on the basis of the best available technologies (BAT).

(Amendment 94)

Annex II(2), 1st paragraph

>Original text>

2. The technical specifications shall include a common format for the presentation of the analysis of characteristics of the river basin district and of the economic analysis of water use, and common rules on the amount of information to be included in the summary required as part of the river basin management plan.

>Text following EP vote>

2.

The technical specifications shall include a common format for the presentation of the analysis of characteristics of the river basin district and of the economic analysis of water use, and common rules on the amount of information to be included in the summary required as part of the river basin district management plan.

(Amendments 95 and 117)

Annex II(2a) (new)

>Original text>

>Text following EP vote>

2a. Identification, mapping and characterisation of groundwater bodies

>Original text>

>Text following EP vote>

Member States shall identify, map and characterise all groundwater bodies at national, regional and local level.

In characterising groundwater bodies the following information shall be collected where relevant for each groundwater body:

>Original text>

>Text following EP vote>

- boundaries and area of the groundwater body;

>Original text>

>Text following EP vote>

- geological characteristics of the groundwater body including extent and type of geological units;

>Original text>

>Text following EP vote>

- hydrogeological characteristics of the aquifer including hydraulic conductivity, porosity and confinement;

>Original text>

>Text following EP vote>

- characteristics of the superficial deposits and soils overlying the aquifer including their thickness, porosity, hydraulic conductivity, and absorptive properties;

>Original text>

>Text following EP vote>

- stratification characteristics of the groundwater within the groundwater body;

>Original text>

>Text following EP vote>

- an inventory of associated surface systems, including terrestrial ecosystems and bodies of surface water, with which the groundwater body is dynamically linked;

>Original text>

>Text following EP vote>

- estimates of the directions and rates of exchange of water between the groundwater body and associated surface systems;

>Original text>

>Text following EP vote>

- sufficient data to calculate the long-term annual average rate of overall recharge.

>Original text>

>Text following EP vote>

In characterising the impact of human activity, the following information shall be collected and maintained for each groundwater body:

>Original text>

>Text following EP vote>

- location of points in the groundwater body from which water is abstracted;

>Original text>

>Text following EP vote>

- the annual average rates of abstraction from such points;

>Original text>

>Text following EP vote>

- the chemical composition of water abstracted from the groundwater body;

>Original text>

>Text following EP vote>

- location of points in the groundwater body into which water is directly discharged;

>Original text>

>Text following EP vote>

- the rates of discharge at such points;

>Original text>

>Text following EP vote>

- the chemical composition of waters discharged to the groundwater body;

>Original text>

>Text following EP vote>

- land use in the catchment for the groundwater body including anthropogenic alterations to the recharge characteristics of the groundwater body including rainwater and run-off diversion through land sealing, artificial recharge, damming and drainage;

>Original text>

>Text following EP vote>

- areas of human development which may be susceptible to damage as a result of changes in groundwater level.

>Original text>

>Text following EP vote>

Sufficient information shall be provided to allow a reliable water balance calculation to be made for each groundwater body such as to identify the net change in water storage in the body resulting from the total volumes of water entering and leaving the body.

Annex V(2.1.) falls

(Amendment 96)

Annex IV(1), introduction

>Original text>

1. The register of protected areas required under Article 9 shall include, where relevant for the purpose of water protection, the following types of protected areas:

>Text following EP vote>

1.

The register of protected areas required under Article 9 shall include the following types of protected areas and those qualifying for designation:

(Amendment 97)

Annex IV(1)(i)

>Original text>

i. areas designated for the abstraction of water intended for human consumption under Article 8;

>Text following EP vote>

i.

areas designated for the actual or potential abstraction of water intended for human consumption under Article 8;

(Amendment 98)

Annex IV(1)(v)

>Original text>

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 the Habitats Directive (92/43/EEC) and the Birds Directive (79/409/EEC).

>Text following EP vote>

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 or which qualify for designation under the Habitats Directive (92/43/EEC) and the Birds Directive (79/409/EEC).

(Amendment 99)

Annex V, 1.1.1.1, Other substances under Annex VIII

>Original text>

- All priority substances

- Other substances identified as being discharged in significant quantities into the body of water by the enventory of point and diffuse sources of pollution

>Text following EP vote>

- Substances identified as being discharged in significant quantities into the body of water by the enventory of point and diffuse sources of pollution

(Amendment 149)

Annex V, 1.1.1.2, Title

>Original text>

1. 1.1.2 Lakes

>Text following EP vote>

1. 1.1.2 Lakes

, ponds and continental wetlands

(Amendment 100)

Annex V, 1.1.1.2, Other substances under Annex VIII

>Original text>

- All priority substances

- Other substances identified as being discharged in significant quantities into the body of water by the enventory of point and diffuse sources of pollution

>Text following EP vote>

- Substances identified as being discharged in significant quantities into the body of water by the enventory of point and diffuse sources of pollution

(Amendment 150)

Annex V, 1.1.1.3, Title

>Original text>

1. 1.1.3 Estuaries

>Text following EP vote>

1. 1.1.3 Estuaries

and coastal wetlands

(Amendment 101)

Annex V, 1.1.1.3, Other substances under Annex VIII

>Original text>

- All priority substances

- Other substances identified as being discharged in significant quantities into the body of water by the enventory of point and diffuse sources of pollution

>Text following EP vote>

- Substances identified as being discharged in significant quantities into the body of water by the enventory of point and diffuse sources of pollution

(Amendment 102)

Annex V, 1.1.1.4, Other substances under Annex VIII

>Original text>

- All priority substances

- Other substances identified as being discharged in significant quantities into the body of water by the enventory of point and diffuse sources of pollution

>Text following EP vote>

- Substances identified as being discharged in significant quantities into the body of water by the enventory of point and diffuse sources of pollution

(Amendment 103)

Annex V, 1.1.2, Normative definitions of ecological status classifications, new paragraph under title

>Original text>

>Text following EP vote>

Waters achieving a quality below fair shall be classified as poor or bad.

>Original text>

>Text following EP vote>

Waters showing evidence of considerable impact on the biological communities and in which the biota deviates considerably from that normally associated with the ecotype under undisturbed conditions shall be classified as poor.

>Original text>

>Text following EP vote>

Waters showing evidence of severe impact on the biological communities and in which much of the biota normally associated with the ecotype under undisturbed conditions is absent shall be classified as bad.

(Amendment 108)

Annex V, 1.1.3.1, heading and (i)

>Original text>

1.1.3.1 Classification of water body ecotype

Methodology

(i) The surface water bodies within the river basin shall be discriminated into ecotypes

>Text following EP vote>

1.1.3.1 Characterisation of water bodies

Methodology

(i) The surface water bodies within the river basin shall be characterised in terms of their natural physical characteristics so as permit the establishment of reference conditions appropriate to the water body.

(Amendment 109)

Annex V, 1.1.3.2, (i)

>Original text>

(i) For each ecotype identified under Section 1.1.3.1, a set of reference conditions shall be established. These reference conditions shall be the values for the biological parameters which would be obtained for that ecotype at high status.

>Text following EP vote>

(i)

Reference conditions shall be established for each water body. These reference conditions shall be the values for the biological parameters which would be obtained for that ecotype at high status.

(Amendment 110)

Annex V, 1.1.4, title

>Original text>

1. 1.4 Monitoring of ecological status for inland and coastal waters.

>Text following EP vote>

1. 1.4

Monitoring of ecological status for surface fresh waters, estuaries and coastal waters.

(Amendment 111)

Annex V, 1.1.4.4(i), 2nd paragraph (new)

>Original text>

>Text following EP vote>

When screening results show that no priority list substances were found or are not expected at the pre-determined monitoring points, it is possible to suspend monitoring for a specified period.

(Amendment 112)

Annex V, 1.1.4.7, last two standards

>Original text>

Standards for physico-chemical parameters

Standards for hydromorphological parameters

>Text following EP vote>

Standards for physico-chemical parameters

Relevant CEN/ISO standards

Standards for hydromorphological parameters

Relevant CEN/ISO standards

(Amendment 113)

Annex V, 1.1.5, title

>Original text>

1. 1.5 Monitoring and assessment of other marine waters

>Text following EP vote>

1. 1.5 Monitoring and assessment of

territorial and other marine waters

(Amendment 114)

Annex V, 1.1.6.2, (iii), 2nd indent and (iv)

>Original text>

- Environmental quality ratios for each national monitoring system shall be established for each of the five quality classes. Member States shall classify the ecological status of the water body for the purposes of this Directive by reference to the ratios so established.

>Text following EP vote>

-

Environmental quality ratios for each national monitoring system shall be established for each of the five quality classes on the basis of the average values obtained across the intercalibration network. Member States shall classify the ecological status of the water body for the purposes of this Directive by reference to the ratios so established.

>Original text>

(iv) The intercalibration exercise outlined in paragraph 4 shall be completed by 31 December 2002 at the latest. A table of all the values so established shall be published by the Commission by 30 June 2003.

>Text following EP vote>

(iv)

The intercalibration exercise outlined in paragraph iii shall be completed by 31 December 2002 at the latest. A table of all the values so established shall be published by the Commission by 30 June 2003.

(Amendment 115)

Annex V, 1.1.7

>Original text>

1. 1.7 Criteria for the designation of heavily modified physical characteristics

The Member State may designate physical characteristics of a body as heavily modified on the basis of consideration of the following:

>Text following EP vote>

Deleted

>Original text>

i. whether it is technically possible and economically feasible to make modifications

ii. the effects of such modifications on the wider environment

iii. the effects on navigation

iv. the effects on activities for the purposes of which water is stored (power generation, drinking-water supply, etc.)

v. the effects on water regulation and flood protection.

>Text following EP vote>

>Original text>

Where characteristics of a body of water are so designated, that designation and the reasons for it shall be stated in the River Basin Management plan.

>Text following EP vote>

(Amendment 116)

Annex V, 1.2.1

>Original text>

These shall be selected as specified in the legislation laying down the environmental quality standard. Where no specific guidance is given the scheme for priority list substances set out in section 1.1.4.3 shall be adopted.

>Text following EP vote>

These shall be selected as specified in the legislation laying down the environmental quality standard. Where no specific guidance is given,

or the guidance is insufficient for the purposes of this Directive, the scheme for priority list substances set out in sections 1.1.4.3, 1.1.4.4 and 1.1.4.7 shall be adopted.

(Amendment 118)

Annex VI(B) (via) (new)

>Original text>

>Text following EP vote>

(via) re-creation and restoration of wetland areas

(Amendment 119)

Annex VII(1) (viii) (d) and (e)

>Original text>

d. a summary of the measures taken under Article 13(3)(d) for bodies of water with a chemical status below 'good¨.

>Text following EP vote>

d.

a summary of the measures taken under Article 13(3)(d) for bodies of water failing to achieve the environmental objectives established under Article 4

>Original text>

e. details of the abstraction controls adopted under Article 13(3)(e) and, where such controls have not been adopted, reasoned justification for the exemption;

>Text following EP vote>

e.

details of the abstraction controls adopted under Article 13(3)(e) and, where such controls have not been adopted, reasoned justification for the exemption;

>Original text>

>Text following EP vote>

ea. details of other measures taken under Article 13(3)(e);

(Amendment 120)

Annex VII(3) and (4)

>Original text>

3. The river basin management plan shall contain a summary of the results of the public consultation undertaken on the draft plan under Article 17 together with a summary of the changes made as a result.

>Text following EP vote>

3.

The river basin district management plan shall contain a summary of the results of the public consultation and scoping undertaken on the draft plan and the preparatory work for it under Article 3a together with a summary of the changes made as a result.

>Original text>

4. The river basin management plan shall contain references to any programmes and plans covered by the terms of Article 18.

>Text following EP vote>

4.

The river basin district management plan shall contain references to any programmes and plans covered by the terms of Article 3a.

(Amendment 121)

Annex VIII(4)

>Original text>

4. Substances and preparations, which have been proved to possess carcinogenic or mutagenic properties or properties which may affect reproduction in or via the aquatic environment.

>Text following EP vote>

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.

(Amendment 122)

Annex VIII(12a) (new)

>Original text>

>Text following EP vote>

12a. Man-made radioactive substances.

Legislative resolution embodying Parliament's opinion on the proposal and amended proposals for a Council Directive establishing a framework for Community action in the field of water policy (COM(97)0049 - C4-0192/97, COM(97)0614 - C4-0120/98 and COM(98)0076 - C4-0121/98 - 97/0067(SYN))(Cooperation procedure: first reading)

The European Parliament,

- having regard to the Commission proposal and amended proposals to the Council COM(97)0049 - COM(97)0614 - COM(98)0076 - 97/0067(SYN) ((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.)),

- having been consulted by the Council pursuant to Articles 189c and 130s of the EC Treaty (C4-0192/97 - C4-0120/98 - C4-0121/98),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on the Environment, Public Health and Consumer Protection and the opinions of the Committee on Budgets, the Committee on Research, Technological Development and Energy, the Committee on Fisheries and the Committee on Agriculture and Rural Development (A4-0261/98),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189c(a) of the EC Treaty;

3. Instructs its President to forward this opinion to the Council and Commission.