General Framework of EU Water Law
Evolution of the WFD – the quality objectives
The Water Framework Directive abrogated and replaced most of the former Directives pertaining to the aquatic environment and to its use as well as the older Directives relating to discharges in such aquatic environments, the provisions of which have been regrouped and revised at the same time. The most significantly impacted pieces of EU water legislation are those pertaining to the quality of the aquatic environment which provide for quality objectives in view of the requirements of the various water bodies. The WFD thus replaced Directives dating back to the 1970s on
- the quality required of surface waters intended for the abstraction of drinking water in the Member States,
- the two Directives already mentioned above on the quality of waters needing to be protected or improved for the life of fishes and shellfish.
On the other hand, the adoption of the WFD has not seemed sufficient to protect marine waters as its scope does not extend beyond those waters which are of a coastal nature. The EU legislature thus adopted Directive 2008/56/EC, the so-called “Marine Strategy Framework Directive”.
Other pre-existing legislation relating to the quality of waters deemed to be important in light of their use was also left untouched by the WFD and should remain in force in the foreseeable future. The first one is Directive 98/83/EC on the quality of water intended for human consumption. The second one is Directive 2006/7/EC concerning the management of bathing water quality.
As to prior existing legislation which applied to discharge in the aquatic environment, part of it was kept in existence by the WFD for a number of years prior to their being abrogated, whilst others do remain in force and should do so for many more years. The WFD thus abrogated, but only with an effective date of 22 December 2013, a 1979 Directive on the protection of ground water against pollution caused by certain dangerous substances, on the one hand, and legislation, the origins of which date back to 1976, on pollution caused by certain dangerous substances discharged into the aquatic environment.