WATER FRAMEWORK DIRECTIVE

The WFD also provides for emission controls and quality standards (Articles 16(6) and (7)). An important concept of the WFD (also referred to by the IED) is that of environmental quality standards i.e. “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” (Article 1(35)). Where such a standard requires stricter conditions than those which would result from the application of the emission controls provided for, more stringent emission controls shall be set (Article 10(3)). Where more than one of the objectives relates to a given body of water, the most stringent one of them is applicable (Article 4(2)), pursuant to the requirement of a high-level of protection.
Under article 16, the Commission had to propose a list of priority substances which present a “significant risk to or via the aquatic environment” and of priority hazardous substances; the list has to be updated at least every four years. The Decision 2455/2001/EC established the first list of 33 priority substances or groups of substances which is added to WFD as annex X. Under article 17, the EU legislator shall also adopt specific measures to prevent and control pollution of groundwater.
The specific quality objectives allowing water bodies to be so characterised reflect both pollution prevention and the quest for a “good” water status with certain nuances for surface waters and for groundwater (1).
Groundwater pollution, on the one hand, is the subject-matter of Directive 2006/118/EC on the protection of groundwater against pollution and deterioration . On the other hand, the strategy with respect to the pollution of surface water was set forth in Directive 2008/105/EC on environmental quality standards in the field of water policy which aims at progressively reducing the discharge of certain pollutants including, but not limited to, “priority substances” listed in Annex X of the WFD, and to stop or suppress progressively the discharge. The first list watch list of substances pursuant to this Directive 2008/105/EC was adopted in 2015 (Commission implementing decision (EU) 2015/495). This list was updated in 2018, in 2020 and in 2022 with the Commission implementing decision (EU) 2022/1307 .
In addition, a “combined approach” aims at controlling discharges at point sources and diffuse sources (2).