ENVI

Flowing Forward: Despite the Water Framework Directive’s inception in 2000 with the aim of achieving good ecological and chemical status for European water bodies, 60% of EU water bodies failed to meet that target as of 2019. Keeping in mind the importance of a reliable and sustainable supply of water, how can the EU enhance…

Committee on Environment, Public Health and Food Safety (ENVI)

By Harut Mirzakhanyan (AM)

Flowing Forward: Despite the Water Framework Directive’s inception in 2000 with the aim of achieving good ecological and chemical status for European water bodies, 60% of EU water bodies failed to meet that target as of 2019. Keeping in mind the importance of a reliable and sustainable supply of water, how can the EU enhance enforcement mechanisms and collaboration between Member States to ensure the directive’s effectiveness in sustainable water management?

Introduction

The Water Framework Directive (WFD) is an EU directive1 that came into force in 2000 and is considered to be the primary law and the main legislation for water protection in the European Union. Amongst other things, the Directive aims to create a framework safeguarding the protection of inland surface waters, transitional waters, coastal waters, and groundwater that promotes sustainable water use. It is the first EU directive to consider not only water quality but also quantity. WFD concentrates on ensuring good qualitative and quantitative health for EU waters and, as such, requires Member States to achieve good status in all bodies of surface water and groundwater by 2027. 

However, despite the WFD’s noble aims, big challenges persist hindering its effectiveness. Many EU water bodies still fail to meet the required standards, indicating shortcomings in current approaches to water management. Additionally as of 2015, about 50% of the European surface water bodies failed to meet the good chemical status standards. As things stand, the objective of achieving the above-mentioned status will be clearly missed, resulting in a continued degradation of water quality and ecosystem health.

Key Concepts

  • Surface water means inland waters, transitional waters, and coastal waters; when dealing with chemical status, it also includes territorial waters.
  • Groundwater means all water that is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil.
  • River basin districts, as identified in Article 3 of WFD, are made up of one or more neighbouring river basins together with their associated groundwaters and coastal waters. They are the main unit for RBMP.
  • Good status refers to a condition where surface water bodies and groundwater meet specific ecological and chemical standards set to ensure their overall health and sustainability. It is comprised of four assessments:
    • The ecological status of surface waters offers a comprehensive evaluation of the quality of surface water ecosystems, indicating the combined impacts of various pressures like pollution, habitat degradation, and climate change. Ecological status assessments are performed by all Member States every 6 years; the previous assessment was carried out in 2021. 
    • The chemical status of surface waters is an assessment of the amount of priority substances2 in the aquatic environment. Achieving a good chemical status entails ensuring that no priority substances exceed agreed standards.
    • The chemical status of groundwaters similarly evaluates the presence and concentrations of pollutants, saline intrusion, and pollution levels. The list of chemicals most frequently leading to the poor chemical status of groundwater bodies is dominated by nitrates and pesticides used in agriculture and arising from salt intrusion.
    • The quantitative status of groundwaters involves assessing the quantity and availability of groundwater resources. The main pressure causing failure to achieve good quantitative status is water abstraction3 for public water supply, agriculture, and industry.

WISE-Freshwater (2024), Assessment of the status of surface waters and groundwaters according to the WFD

Actors & Stakeholders

  • The Council of the European Union (also: the Council) is one of the seven institutions of the European Union. It brings together government ministers of each EU country from the relevant area. Together with the European Parliament, the Council is the author of the WFD.
    • Environment Council (ENV) is a configuration of the Council of the European Union and is responsible for EU environment policy, including environmental protection, use of resources, and the protection of human health. There are about four ENV meetings each year.
  • The European Environment Agency (EEA) is an EU agency that provides reliable environmental information. It supports sustainable development by helping EU countries and European institutions make informed decisions about the environment.  It also aids the implementation of the WFD by collecting and analysing data on water quality and ecosystems, providing scientific and technical support, and monitoring and reporting water policies and initiatives across Europe.
  • The European Commission is an institution of the European Union responsible for proposing legislation, implementing decisions, upholding the EU treaties, and managing the day-to-day business of the EU.
  • Member States represent themselves in the EU institutions and also have their own national institutions. They play a vital role in the implementation of the Water Framework Directive by ensuring the development of river basin management plans for each river basin district within their territory. Furthermore, they are responsible for establishing Programmes of Measures for each river basin district that align with the objectives of the WFD. If challenges that a certain Member cannot solve arise, Member States have the authority to report such issues to the Commission and collaborate with other affected Member States to find solutions.
  • Civic society and non-governmental organisations (NGOs) play a crucial role in advocating for sustainable water management and ensuring the effective implementation of water policies in Europe. One notable collective actor is The EU Water Alliance, which comprises European organisations based on membership and represents various water stakeholders throughout the entire value chain. Another organisation is the European Water Association (EWA), a non-profit NGO dedicated to the management and improvement of the water environment. Additionally, The European Pact for Water (EPfW) serves as an informal coordination and advocacy network across wider Europe on water governance issues. These organisations, along with many others, play an important role in promoting dialogue, collaboration, and action toward achieving the goals of the WFD and ensuring the sustainable management of water resources in Europe.

Key Challenges

Shortcomings in Identifying Pesticide Risks

Although governmental assessments conducted within the WFD generally indicate a good status concerning pesticide pollution, many scientific studies have demonstrated widespread negative ecological impacts of pesticide exposure in surface waters. An EU-wide assessment of WFD monitoring data covering the period 2007 to 2017 found only 3-8% and 5-15% of surface waters failing to achieve a good status because of insecticides and herbicides4, respectively. However, a 2021 German study found that 81% of the investigated streams were at risk due to pesticides. Regulatory acceptable concentrations were exceeded in 38% of investigated streams by herbicides and in 75% of investigated streams by insecticides. The same study concluded that the discrepancy in results is due to the issues associated with the WFD monitoring strategy. 

Consequently, WFD sampling, chemical analysis, and assessment of measured concentrations are insufficient for identifying pesticide risks in surface waters. The chemical status of surface waters is overestimated, and the contribution of pesticides to the ecological status is underestimated under the WFD. Inadequate monitoring and assessment methods of pesticides may lead to an underestimation of the ecological impacts, potentially resulting in long-term harm to aquatic ecosystems and human health.

Agricultural Nutrient Pollution

According to a 2020 research article, nutrients, such as nitrates and phosphates5 from diffuse agricultural sources, remain a challenging problem to tackle in realising the aims of the WFD. According to the researchers, the Directive lacks certain instruments and measures to intervene directly in relevant agricultural policies; thus, it has to rely on other neighbouring policies and directives to solve the problem of nutrients. In other words, the WFD lacks direct intervention measures and cannot be very effective in tackling the sources of agricultural pollution, thus endangering the efficacy of the Directive as a whole.

Aquatic Life Challenges

The Water Framework Directive also involves articles ensuring the protection of freshwater fish populations, including coastal fish populations. However, significant challenges persist in the implementation of such initiatives, particularly in achieving the good ecological status of aquatic environments. One major problem is the size of restoration projects, which often falls short of achieving meaningful environmental improvements. Additionally, efforts to restore connectivity within river networks generate some problems. 

Single measures to restore the connectivity of rivers blocked by hydroelectric power plants or other structures do not usually lead to the desired recovery of target species because other structural damages and modifications existing in other river sections prevent that recovery. In addition, efforts to reestablish longitudinal connectivity have primarily focused on upstream fish migration. However, research indicates that a significant percentage, ranging from 30 to 80 percent, of fish are killed or injured when passing hydroelectric turbines during downstream migration. Failing to address these issues not only jeopardises the survival of aquatic species but also threatens the overall balance of our natural environment.

Measures in Place

  • River Basin Management Plans (RBMP) are the key tools for implementing the WFD. Article 13 of the WFD states, “Member States shall ensure that a river basin management plan is produced for each river basin district lying entirely within their territory.” They are drawn up after extensive public consultation and are valid for a six-year period. Since many rivers in the EU transcend borders, the WFD involves coordination efforts for international river basin management. When a river basin district falls entirely within the borders of the European Union, Member States must coordinate to produce a unified international river basin management plan. Failure to report the RBMPs on time could lead to legal consequences.
    • Programmes of Measures (PoM) are plans established by Member States for river basin districts as part of the RBMPs that must be submitted every six years. These plans include ‘basic’ measures, such as implementing water protection legislation and promoting efficient water use, as well as ‘supplementary’ measures tailored to specific needs.
  • Common Implementation Strategy (CIS) for the Water Framework Directive was launched in 2001, shortly after the Directive came into force. CIS was created to address the challenges of the core legislation on water at EU level and in associated countries in a cooperative and coordinated way. In other words, this strategy aims to ensure the coherent and harmonious implementation of the WFD and its daughter directives: the Environmental Quality Standards Directive (EQSD) and the Groundwater Directive (GWD). The WFD provides work programmes for CIS every 3 years. The latest cycle of the CIS work programme, the 2022-2024 one, has its objective to accompany, support, and enable a much-enhanced implementation of water legislation. 

EUWI+ (2021), Infographics The Water Framework Directive in brief

Key Figures and Facts

  • In the European Union and Norway, more than 146,500 surface water bodies and 15,000 groundwater bodies are covered by assessments under the Water Framework Directive.
  • In Europe, only about 40% of the surface water bodies are in good or high ecological status, with rivers and transitional waters underperforming compared to lakes and coastal waters.
  • Since 2009, biological quality elements in some water bodies have improved, but not enough to enhance the overall ecological status.
  • Poor chemical status is linked to atmospheric deposition, diffuse pollution from agriculture, and discharges from urban wastewater treatment plants.
  • Nitrate, a common component of fertilisers and explosives, is the most common pollutant causing failure to achieve good chemical status – affecting 18% of the groundwater bodies.
  • Regarding the quantitative status of groundwater, three EU countries, namely Malta, Cyprus, and Spain, face significant groundwater depletion.
  • The Nitrates Directive forms an integral part of the Water Framework Directive and is one of the key laws protecting waters against agricultural pressures.

Outlook

Despite the ongoing efforts to implement the WFD, many challenges persist in achieving its objectives of good status for European water bodies. Moving forward, it is crucial for the EU to enhance certain mechanisms and encourage greater collaboration within the bloc to address these problems effectively. As we look ahead, key questions arise: How can we strengthen coordination and cooperation among Member States to achieve the goals of the WFD? What innovative approaches can be adopted to address emerging challenges in water management? How can we ensure the sustainable use and protection of water resources for future generations? These are pressing issues that demand collective action and strategic planning to safeguard the health and sustainability of European water bodies.

Interactive Game

Try this Kahoot Game to check your knowledge of the Water Framework Directive.

Further Research

Articles & Publications:

River Basin Management Plans:

Audiovisuals:

  1. An EU directive is a legal act issued by the European Union that sets out specific goals that all Member States should achieve, but it is left to each Member State to decide how to do it in the scope of  their own laws. ↩︎
  2. Priority substances are a list of substances created by the EU  viewed as the most harmful and polluting to the environment. ↩︎
  3. Water abstraction is the process of withdrawing water from its natural source, such as rivers, lakes, or groundwater, for various purposes. ↩︎
  4. Insecticides are pesticides used to kill insects and herbicides are used to destroy unwanted plants, also known as weeds. ↩︎
  5. Nitrates and phosphates are nutrients commonly found in fertilisers and sewage that can cause water pollution when they enter rivers, lakes, and oceans. ↩︎