Water Framework Directive
Regime of the objectives
An important concept of the Water Framework Directive (also referred to by the Industrial Emissions Directive) 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 2(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.
However, except for protected areas (Article 4(1)(c)), Member States may aim to achieve less stringent environmental objectives for specific bodies of water “when they are so affected by human activity (...) or their natural condition is such that the achievement of these objectives would be infeasible or disproportionately expensive.” They must in such a case justify that the environmental and socio-economic needs served by such human activity cannot be achieved by other means and that the costs are not disproportionate. In addition, they must minimise adverse impacts (Article 4(5)).