Sittings · Document

DRAFT OPINION (COM(2022)0540 – C90361/2022 – 2022/0344(COD)) 2023-03-07

On the proposal for a directive of the European Parliament and of the Council amending Directive 2000/60/EC establishing a framework for Community action in the field of water policy, Directive 2006/118/EC on the protection of groundwater against pollution and deterioration and Directive 2008/105/EC on environmental quality standards in the field of water policy

Committee on Agriculture and Rural Development · Rapporteur: Martin Häusling

PA_Legam

SHORT JUSTIFICATION

The rapporteur welcomes the proposed revision of the three water related pieces of legislation and suggests some targeted and limited improvements.

The overall slow progress in achieving the objectives of the Water Framework Directive can be attributed to a lack of implementation, an insuffient scope, and insuffiscient or inadequate restoration measures ensuring hydrological and ecological connectivity.

Member States and the Commission should see to it that the lack of implementation is overcome.

In line with the 2019 fitness check, lists of pollutants affecting surface and groundwater have to be updated, and the way of tackling them harmonised. Obligations for Member States should be swiftly aligned with latest science concerning contaminants of emerging concern. The monitoring of chemical mixtures should be improved. More generally, access to and transparency of data need to be ensured.

In the summer of 2022, the extreme impact of climate change on the availability of water became very apparent, and the scientific consensus tells us that this is just the beginning. Farmers and food production are amongst the first victims of climate change.

The environmental disaster unfolding, also in summer 2022, in the Oder river basin has shown the need to strengthen international cooperation and ensure the full and speedy cooperation of all Member States concerned.

Antimicrobial resistance has become a major threat to public health, and the rapporteur therefore very much agrees with the proposal to include antimicrobial resistance genes in the surface and groundwater watch lists, and draws the attention to water discharged by slaughter houses, which has shown to contain antimicrobial resistance genes.

Certain agricultural practices have been identified as an obstacle to achieving good status in EU water bodies, leading to nitrate and pesticide pollution in groundwater. Member States should therefore ensure that the relevant Ground Water Quality Standards are fully respected.

Dealing with drought and therefore ensuring good quantitative groundwater status is ever more important. Heightened attention to abstraction practices is warranted. as water abstraction for agriculture has become a major pressure causing failure of good quantitative status of groundwater bodies. Member States have to ensure an efficient and sustainable water use, including in agriculture, and controls over the abstraction of fresh surface water and groundwater may not exclude agricultural use.

Agriculture is both contributing to and victim of degrading qualitative and quantitative status of surface and groundwater. It is high time to reverse the trend.

AMENDMENTS

The Committee on Agriculture and Rural Development calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to take into account the following amendments:

Amendment 1

Proposal for a directive

Recital 1 a (new)

Text proposed by the Commission

Amendment

(1a) Climate change and the degradation of biodiversity negatively affect water quality and availability.

Or. en

Amendment 2

Proposal for a directive

Recital 1 b (new)

Text proposed by the Commission

Amendment

(1b) Certain agricultural practices have been identified as an obstacle to achieving good status of water bodies in the Union, leading to nitrate and pesticide pollution in groundwater.1a

__________________

1a https://www.eea.europa.eu/themes/water/european-waters/water-quality-and-water-assessment/water-assessments

Or. en

Amendment 3

Proposal for a directive

Recital 1 c (new)

Text proposed by the Commission

Amendment

(1c) Agricultural production is a major source of diffuse pollution, mostly as a result of excessive emissions of nutrients and chemicals such as pesticides.1a

__________________

1a https://www.eea.europa.eu/themes/water/european-waters/water-quality-and-water-assessment/water-assessments

Or. en

Amendment 4

Proposal for a directive

Recital 1 d (new)

Text proposed by the Commission

Amendment

(1d) Aside from diffuse pollution, water abstraction for agriculture is also a major pressure causing failure of good quantitative status of groundwater bodies. 1a

__________________

1a https://eur-lex.europa.eu/legal-content/EN/TXT /PDF/?uri=CELEX:52021DC0970

Or. en

Amendment 5

Proposal for a directive

Recital 1 e (new)

Text proposed by the Commission

Amendment

(1e) Excessive pesticide use affects water quality severely, leading to reduced aquatic and terrestrial biodiversity.1a

__________________

1a https://www.sciencedirect.com/science/article/pii/S1462901121003397

Or. en

Amendment 6

Proposal for a directive

Recital 1 f (new)

Text proposed by the Commission

Amendment

(1f) Chemical pollution of surface and groundwater poses a threat to agriculture.

Or. en

Amendment 7

Proposal for a directive

Recital 10

Text proposed by the Commission

Amendment

(10) Concern has been expressed about the risk of antimicrobial resistance developing from the presence of antimicrobial resistant microorganisms and antimicrobial resistance genes in the aquatic environment, but little monitoring has taken place. Relevant antimicrobial resistance genes should also be included in the surface and ground water watch lists and monitored as soon as suitable monitoring methods have been developed. This is in line with the 'European One Health Action Plan against Antimicrobial Resistance’, adopted by the Commission in June 2017, and with the Pharmaceutical Strategy for Europe, which also addresses this concern.

(10) Concern has been expressed about the risk of antimicrobial resistance developing from the presence of antimicrobial resistant microorganisms and antimicrobial resistance genes in the aquatic environment, including due to the excessive use of reserve antibiotics in agriculture, but little monitoring has taken place. Relevant antimicrobial resistance genes should also be included in the surface and ground water watch lists and monitored as soon as suitable monitoring methods have been developed. This is in line with the 'European One Health Action Plan against Antimicrobial Resistance’, adopted by the Commission in June 2017, and with the Pharmaceutical Strategy for Europe, which also addresses this concern.

Or. en

Amendment 8

Proposal for a directive

Recital 10 a (new)

Text proposed by the Commission

Amendment

(10a) Water discharged by slaughter houses has shown to contain antimicrobial resistance genes.1a

__________________

1a https://www.greenpeace.de/publikationen/Antibiotikarestistente%20Keime%20in%20Schlachthof-Abw%C3%A4ssern.pdf

Or. en

Amendment 9

Proposal for a directive

Recital 13 a (new)

Text proposed by the Commission

Amendment

(13a) The overall slow progress in achieving the objectives of Directive 2000/60/EC of the European Parliament and of the Council1a can be attributed to a lack of implementation, an insufficient scope, and insufficient or inadequate restoration measures ensuring hydrological and ecological connectivity. 1b

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1a Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).

1b https://www.igb-berlin.de/sites/default/files/media-files/download-files/IGB_Policy_Brief_WFD_2019.pdf

Or. en

Amendment 10

Proposal for a directive

Article 1 – paragraph 1 – point 3

Directive 2000/60/EC

Article 3 – paragraph 4a

Text proposed by the Commission

Amendment

4a. In the case of exceptional circumstances of natural origin or force majeure, in particular extreme floods and prolonged droughts, or significant pollution incidents, which could affect downstream water bodies situated in other Member States, Member States shall ensure that the competent authorities for downstream water bodies in such Member States, as well as the Commission, are immediately informed and that the necessary cooperation is set up to investigate the causes and address the consequences of the exceptional circumstances or incidents.

4a. In the case of exceptional circumstances, in particular floods and droughts, or pollution incidents, which could affect downstream water bodies situated in other Member States, Member States shall ensure that the competent authorities for downstream water bodies in such Member States, as well as the Commission, are immediately informed and that the necessary cooperation is set up to investigate the causes and address the consequences of the exceptional circumstances or incidents.

Or. en

Amendment 11

Proposal for a directive

Article 1 – paragraph 1 – point 6 – point -a (new)

Directive 2000/60/EC

Article 8 – paragraph 1 – point ii

Present text

Amendment

(-a) in paragraph 1, point (ii) is replaced by the following:

(ii) the ecological and chemical status and ecological potential;

"(ii) the ecological and chemical status and ecological potential;

— for groundwaters such programmes shall cover monitoring of the chemical and quantitative status,

— for groundwaters such programmes shall cover monitoring of the chemical and quantitative status, including the impact of agricultural abstraction practices,

— for protected areas the above programmes shall be supplemented by those specifications contained in Community legislation under which the individual protected areas have been established.

— for protected areas the above programmes shall be supplemented by those specifications contained in Union legislation under which the individual protected areas have been established."

Or. en

(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02000L0060-20141120)

Amendment 12

Proposal for a directive

Article 1 – paragraph 1 – point 7 a (new)

Directive 2000/60/EC

Article 11 – paragraph 3 – point c

Present text

Amendment

(7a) in Article 11(3), point (c) is replaced by the following:

(c) measures to promote an efficient and sustainable water use in order to avoid compromising the achievement of the objectives specified in Article 4;

"(c) measures to ensure an efficient and sustainable water use, including in agriculture, in order to avoid compromising the achievement of the objectives specified in Article 4;"

Or. en

(https://eur-lex.europa.eu/eli/dir/2000/60/2014-11-20)

Amendment 13

Proposal for a directive

Article 1 – paragraph 1 – point 7 b (new)

Directive 2000/60/EC

Article 11 – paragraph 3 – point e

Present text

Amendment

(7b) in Article 11(3), point (e) is replaced by the following:

(e) controls over the abstraction of fresh surface water and groundwater, and impoundment of fresh surface water, including a register or registers of water abstractions and a requirement of prior authorisation for abstraction and impoundment. These controls shall be periodically reviewed and, where necessary, updated. Member States can exempt from these controls, abstractions or impoundments which have no significant impact on water status;

"(e) controls over the abstraction of fresh surface water and groundwater, and impoundment of fresh surface water, including a register or registers of water abstractions and a requirement of prior authorisation for abstraction and impoundment. These controls shall be periodically reviewed and, where necessary, updated. Member States can exempt from these controls, abstractions or impoundments which have no significant impact on water status. Agricultural use may not be exempted from those controls;"

Or. en

(https://eur-lex.europa.eu/eli/dir/2000/60/2014-11-20)

Amendment 14

Proposal for a directive

Article 1 – paragraph 1 – point 9

Directive 2000/60/EC

Article 12 – paragraph 1

Text proposed by the Commission

Amendment

1. Where a Member State identifies an issue which has an impact on the management of its water but cannot be resolved by that Member State, it shall notify the issue to the Commission and any other Member State concerned and make recommendations for the resolution of it.

1. Where a Member State identifies an issue which has an impact on the management of its water but cannot be resolved by that Member State or risks having an impact on another Member State, it shall notify the issue to the Commission and any other Member State concerned and make recommendations for the resolution of it.

Or. en

Amendment 15

Proposal for a directive

Article 1 – paragraph 1 – point 9

Directive 2000/60/EC

Article 12 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

The Member States concerned shall cooperate to identify the sources of the issues referred to in paragraph 1 and the measures required for addressing those issues.

The Member States concerned shall fully cooperate to identify without delay the sources of the issues referred to in paragraph 1 and the measures required for addressing those issues.

Or. en

Amendment 16

Proposal for a directive

Article 1 – paragraph 1 – point 9

Directive 2000/60/EC

Article 12 – paragraph 2 – subparagraph 2

Text proposed by the Commission

Amendment

Member States shall respond to each other in a timely manner, and no later than 3 months after notification by another Member State in accordance with paragraph 1.

Member States shall respond to each other in a timely manner, and no later than two months after notification by another Member State in accordance with paragraph 1.

Or. en

Amendment 17

Proposal for a directive

Article 1 – paragraph 1 – point 9

Directive 2000/60/EC

Article 12 – paragraph 3

Text proposed by the Commission

Amendment

3. The Commission shall be informed of, and invited to assist in, any cooperation referred to in paragraph 2. Where appropriate, the Commission shall, taking into account the reports established pursuant to Article 13, consider whether further action needs to be taken at Union level in order to reduce the transboundary impacts on water bodies.

3. The Commission shall be fully and timely informed of, and invited to assist in, any cooperation referred to in paragraph 2. The Commission shall, taking into account the reports established pursuant to Article 13, consider whether further action needs to be taken at Union level in order to reduce the transboundary impacts on water bodies.

Or. en

Amendment 18

Proposal for a directive

Article 2 – paragraph 1 – point 4 – point c

Directive 2006/118/EC

Article 3 – paragraph 5 – subparagraph 2 a (new)

Text proposed by the Commission

Amendment

Member States shall ensure that the residents of the concerned river basin district or of the part of the international river basin district falling within the territory of a Member State are adequately and timely informed.

Or. en

Amendment 19

Proposal for a directive

Article 2 – paragraph 1 – point 6

Directive 2006/118/EC

Article 6a – paragraph 3 – subparagraph 3

Text proposed by the Commission

Amendment

In selecting the representative monitoring stations, the monitoring frequency and the seasonal timing for each substance or group of substances, Member States shall take into account the use patterns and possible occurrence of the substance or group of substances. The frequency of monitoring shall be no less than once per year.

In selecting the representative monitoring stations, the monitoring frequency and the seasonal timing for each substance or group of substances, Member States shall take into account the use patterns and possible occurrence of the substance or group of substances. The frequency of monitoring shall be no less than once per year, except for substances that are sensitive to climatic or seasonal variabilities, for which the monitoring shall be carried out more frequently, as set out in the implementing act establishing the watch list pursuant to paragraph 1.

Or. en