EU WATER LAW and POLICY

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 establishing a framework for community action in the field of marine environmental policy.
Other pre-existing legislation relating to the quality of waters deemed to be important in light of their use was left untouched by the WFD and should remain in force for the foreseeable future. The first one is Directive 98/83/EC on the quality of water intended for human consumption which is recast by the Directive (EU) 2020/2184. The second one is Directive 2006/7 concerning the management of bathing water quality .

Two further directives dealing with very important types of discharges into the aquatic environment also remain in force and constitute major pieces of EU water legislation, both in terms of their important contribution to the protection of human health and the environment, and the level of judicial activity they have generated and will likely keep generating for the years to come. The first is Directive 91/271/EEC concerning urban waste-water treatment which will be discussed in detail in Part 4 below. The second is Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources which will also be discussed in Part 4 below.

While the WFD is the cardinal piece of EU water policy, the structure (“arborescence”) of EU water legislation is complex. Since the WFD came into force, other new legislation has been adopted, such as Directive 2007/60/EC on the assessment and management of flood risks or the regulation (EU) on minimum requirements for water reuse . Finally, according to the EU Action Plan “Towards zero Pollution for air, water and soil”, the Commission has committed to launch a process of review of several pieces of EU Water Legislation .

This very substantial body of water law has contributed to the overall improvement of water quality since 1975; however, as the EEA’s reports show, many gaps remain and new challenges are emerging. In addition, there are many difficulties in complying with EU water legislation in Member States. Such phenomenon of ineffectiveness of the law is obviously “a warning sign that should alert the legislator and lead it to suspect defects in the foundations or the construction of his work » . The various case-law related to EU water legislation also shows the essential role of the judges in interpreting and complying with obligations to protect and improve the quality of water and aquatics. A major challenge for the legal protection of water also lies in the imperative integration of a high level of water protection into all the policies of the EU.