Effectiveness of EC Law on Water Quality and Pollution - Essay Example

Environmental Law "European water is still polluted after twenty years of EC legislation." Assess effectiveness of EC law on water quality and pollution Abstract: Concerning the marine environment, in recent years, several projects and political actions at national and international level have been advanced in order to reduce the effects of water pollution. Preserving and improving the marine environment requires the achievement of a good ecological status of waters, without which the aquatic ecosystem and the human activities of marine coastal zones could be strongly at risk. This is the proposal of EU Water Framework Directive (2000/60/EC)1 which represents a major advance in European policy with the concepts of classes of water quality and water management. Irrespective of this it is found that European water is still polluted. This paper aims at assessing the effectiveness of EC law on water quality and pollution. Introduction: The UK's membership of the EC has had important consequences for the UK with regard to improvements in water quality and the regulation of water pollution. The European Commission has been very active in drawing up a series of water-related directives which, when passed by the European Parliament, must then be transposed into national law. These directives have sought to set standards for the regulation of a wide range of activities, including: (a) discharges of dangerous substances into the aquatic environment (surface waters and ground waters); (b) bathing water quality; (c) regulation of nitrate levels; (d) sewage effluent treatment processes; (e) drinking water quality; (f) water quality for fresh water fish and shellfish. These directives2 establish clear parameters and objectives and their effects are channeled through to individual discharges, via (primary and secondary legislation transposing the directives into UK law) the discharge consent licensing system. Most water directives falls into two types: (a) those, such as the Dangerous Substance Directive, which set emission limits (emission standards); and (b) those, such as the Bathing Water Directive, which set quality objectives linked to actual or intended use of the relevant waters (quality objective of receiving waters) The EC has had, and continues to have, a major impact on water quality and water pollution control in the UK. Over the last three decades, EC has passed a range of directives designed to prevent discharges of pollutants into the aquatic environment and also to establish quality standards for waters which are used for drinking, bathing and fishing. Often, the EC adopts a 'framework directive' to set up a specific control regime and then, over time, supplements this with 'daughter directives' which set limits for the presence of chemical substances in different types of waters (that is, drinking, bathing and fishing). Member States are given a set period of time to transpose the relevant EC directive into national law and achieve actual compliance with the specific provisions of the directive. EC legislation on water pollution The legislation on water pollution is probably the most highly developed branch of EC environmental law and most certainly has the longest history. Approximately 30 directives concern water. The directives adopt two main approaches to pollution control: (1) the imposition of limits or restrictions upon the emission or discharge of particular pollutants into the water media; and (2) the establishment of quality standards for particular designated types of water. The outcome of this dual approach has been a somewhat peacemeal body of law. The directives on water pollution share several common features: The use of dual lists described as 'I' and 'G'3 which require member states to set water standards which do not fall below 'I' limit and which should aim to achieve 'G' standards. A requirement placed on states to designate 'types' of water for purposes of a particular directive. The application of a 'standstill' rule requiring states to maintain the existing quality of waters subject to a directive. The establishment of 'competent authorities' within Member States of purposes of inspecting relevant waters. Perceived failures in the Member States' responses to the water pollution Directives and an overall fall in water quality throughout the EC water policy. Literature Review Continental or fresh waters are essential to all life on land. However, only 2.7 percent of Earth's water is fresh water and the large proportion of this limited quantity is frozen in glacial ice caps at the two poles and on high mountains. At the same time, the demand for water continues to increase with population growth, improved living standards and the extension of water utilizing industries such as mining and metal- processing, agriculture4, cement production and wood-processing. On average a European consumes about 800m3 of water per year, approximately seventy times more than a Ghanaian, but less than each inhabitant of the United States, whose consumption exceeds 3,000m3 annually. Urban concentrations, in particular, pose considerable problems for the provision of water as well for the removal of waste water. The problems are likely to increase in the coming years with limits on available water becoming a greater factor in development. Water goes through a constantly repeating cycle and does not disappear. However, once utilized, fresh water is generally discarded with its waste contents. The latter can impact on the water cycle, and contaminate rivers, lakes, underground water sources, the oceans, and the atmosphere. Thus, fresh water pollution problems cannot be isolated from those of other sectors of the environment. Marine chemical pollution, for example derives in large part from fresh-water contamination. In addition, the protection and management of water resources are closely linked to those of soil: pollution, soil erosion, and the disappearance of ground cover, particularly forests can have grave repercussions on water. The problem of protecting water cannot be understood without taking into account the many uses of water. Water quality is more a function of intended uses than a matter of establishing uniform absolute measures. Different uses require different degrees of purity, from water needed for industrial purposes to that involved in the production of food and beverages, drinking water, water used in refrigeration circuits, water used for agriculture etc. According to the 1968 European Water Charter5, adopted by the Council of Europe, water quality should be preserved at levels adapted to the use which is foreseen and, in particular, should satisfy the needs of public health. In certain cases water can be reused or recycled. It can also be regenerated if the pollution is not excessive. The European Water Charter declares that when used water is returned to the natural milieu, it should not compromise further uses, public or private, that might be made of it. Law must take into account other factors as well. Firstly, the notion of a hydrographic basin or collection basin is particularly important. Within an area marked by watershed lines, the basin collects all water into a river or lake, often receiving all pollution originating in the area. To be effective, therefore, regulations aimed at combating pollution should be directed at the entire basin. Unfortunately, this is not always the case, especially when basins include the territory of more than one state. Secondly, the difference between surface and underground waters is also important to rational regulation. Surface waters have a capacity for regeneration, although it can be significantly less for lakes than for rivers and other moving bodies of water. Underground water sources are the slowest to renew and have limited ability to regenerate. They often constitute the primary source of drinking water; in the Community they represent 75 percent overall, but 88 percent in Italy and 98% in Denmark. For these reasons groundwater's generally needs strong legal protection. Thirdly, the legal treatment of pollution is complicated by differences between identifiable "point" sources and "diffuses" pollution coming from many sources, each of which is separately responsible for possibly insignificant amounts of pollution. Small, often continuous discharges of wastes and utilization of pesticides in agricultural activities are examples of diffuse pollution. Finally, it is difficult to separate the quantitative from the qualitative aspects of protecting water sources, that is, regulation from management. Increasingly, legal regulation establishes integrated water management, considering the entire water cycle, aquatic and land ecosystems, human activities, and socioeconomic factors. The principal mechanism is planned use. A 1992 international conference on water and environment, held in Dublin, favored water management at the lowest effective governmental level, involving the concerned populace. Decentralization of management presumes the existence of national, even international, authorities that can define objectives and priorities, and, when necessary, establish norms for water system. Research Methodology The EU has affected numerous aspects concerning the water sector in Europe for thirty years. Whereas standards concerning both quality of water bodies and emission limits derive mainly from the EU water legislation, the Water Framework Directive (WFD) rationalizes EU water policy. The single objective is the good ecological status for all waters. The WFD also introduces the concept of water integrated river basin management. We focus here on an assessment of the underlying "intervention logic" of the WFD. Moreover, we aim to identify and analyze some challenges resulting from the linkages between the new resource perspective of the WFD and a possible liberalization process in the water sector. The WFD initiates a reform of the EU water policy. This corresponds to the wish of the Member States to reduce the financial burden and the complexity of action due to the many fragmented EU-water related directives. The WFD considers water according to a 'resource approach'. All the EU water directives are grouped together and the objectives of quality and limitation of emissions are combined. Its objective is to reach a good ecological status for all waters as of 2015 through an integrated water management at (international) river basin scale. The WFD sets up guidelines and leaves a large room for maneuver to the Member States during implementation. It defines the issues at stake for water management in the Member States for the forthcoming years. According to the principle of decentralized action, the WFD defines detailed objectives, but leaves the Member States with the duty to set the mechanisms of implementation for reaching these objectives. The WFD targets the preservation and improvement of the aquatic environment of the Community as the ultimate goal. The Member States determine the 'good status' of all waters. When the 'good status' is already achieved, it has to be maintained. The Member States have the duty to protect, improve and restore the water bodies in order to reach the 'good status' as of 2015. These objectives are legally binding. (article 4). In addition to the 'good status' requirements, it determines organizational objectives. It organizes the planning and development of knowledge on the resource at the scale of river basins with an objective of international co- operation. The field of environment can be illustrated by examples from the water and the waste areas. The EU Water Framework Directive (WFD) (2000/60/EC), finally adopted on 20 October 2000, is a case in point. It sets ambitious objectives that should ensure that all water meet 'good status' by the year 2015. It also requires cross border co-operation, this makes it a promising initiative. To achieve the objectives, pollution reduction and control have to be ensured. Article 16 of the WFD 2000/60/EC sets out a 'Strategy against pollution of water'. The first step of the strategy is the establishment of a list of priority substances, which shall become Annex X of the Directive. The list was adopted by a Decision 2455/2001/EC of the European Parliament and the Council of 20 November 2001, establishing the lists of priority substances in the field of water policy and amending Directive 2000/60/EC6.This list with 33 substances shall become the Annex X of WFD (2000/60/EC). Within this list, 11 substances have been identified as Priority Hazardous substances. Economic Data As clean water becomes a great concern within the UK, some officials' project that $42 billion was spent by the year 2000 on technology and equipment for clean water. In 1992, it was estimated by the ITA that UK industrial firms spent $677 million for equipment to control water pollution. The short term projection for water pollution control equipment is calculated to grow 10 percent per year in real terms. The amount of total purchases for such equipment was $1.4 billion in 1992. Of this amount, 39 percent was spent directly on imports with 11 percent of the entire market coming directly from the U.S7. Issue: In recent times, water pollution within the United Kingdom has led to serious concerns for the region. Past events such as the Shetland Oil Spill, have reiterated the need to control water pollution in the United Kingdom. New tougher standards initiated by the EC and UK itself have also focused attention on the problem. Unfortunately, high levels of lead contaminants still remain throughout the UK water supply. Although the water pollution problems of the UK stay within the boarder, their consequences can have long term regional effects in regards to acid rain, and the effect the pollution has on the oceans. Description Within the last decade problems with pollution have raised questions regarding the cleanliness of water in the United Kingdom. The 1993 Shetland oil spill served as an unfortunate and tragic reminder of how fragile ecological systems can be. The spill also made it clear to the UK and the rest of the world, that the freshwater supply within Great Britain was not ample and far from safe. With the water pollution situation at near crisis level in the UK, a significant opportunity for US products and services have opened up. Not only has the potential for US investors increased significantly, the rest of the world also has access to a market in demand of much needed technologies and products. Demands of safe drinking water for public consumption, as well as tougher EC safety regulations has highlighted the need for better purification as well as prevention of further pollution. As stated earlier, water pollution in the United Kingdom is far from a recent phenomenon. Even in the 20th century pollution from major cities would be let out into the extensive river systems and eventually find its way to the sea. In modern times the problem can be traced to several factors. High concentrations of fertilizers in crops have led to a huge growth of toxic algae, depleting the water supply. Sewage pumped into lakes and streams also heavily contribute to the pollution. Along with acid rain, eutrophication threatens to wipe out more than 15 percent of key wild areas in England8. Another more recent concern of water pollution for the region has to do with flooded mines. Abandoned copper mines owned by British Coal, have stained several rivers orange. This in turn has led to heavier purification costs. British Coal spends 6 million pounds a year pumping 45,000 cubic meters of clean water from the Durham coal field 9. The mine is pumped at three different points and without the pumps it would fill up and overflow into local rivers, including the already fragile Wear. The National Rivers Authority has put pressure on British Coal to continue the pumping process, but tougher economic times have shifted concerns towards profit rather than environmental hazards. As stated earlier, the process is quite expensive, and industry is more concerned with profit and survival than clean water. However, the latest regulations have forced industries to comply with the higher water standards and subsequently profits have fallen. Lead contamination is also of great concern in the UK. Recent tests have found unsafe levels of lead in several houses. Fortunately, some of the contaminants can be traced to old decaying lead pipes, while in other regions the problem is more complicated. In northwest England high levels of lead are found naturally in the water supply. Acid rain also causes higher levels of lead contaminants because the water pipes are vulnerable to high levels of acidity found in such rain. Replacement of lead pipes has led to a reduction in levels of contaminants, but has not all together solved the problem. It is estimated that 20 percent of the UK still exceeds the World Health Organization lead standard of 10 micrograms per liter of water.10 Water quality standards are set from both UK legislation as well as EC directives. In 1989 the UK Water Act stated that companies are obliged to supply wholesome water for domestic uses such as drinking, cooking or washing. It is the EC Drinking Water Directive that defines wholesomeness, setting 55 parameters that include clarity and color, along with levels of bacteria, natural minerals and man made chemicals. Even though tough standards for drinking water have been set, unsafe levels of pollutants still exist. Despite the passage of legislation, some criticize the government for not doing enough to ensure that drinking water is safe in the UK. In a January 1994 article, Vicky Hutchings criticized the government for attempting "to make various 'costly' European water directives go away - by a combination of pressure and lobbying in Europe, and stirring up consumers with the threat of huge increases in their water bills at home"11. UK legislation has recently taken a more strict approach in dealing with polluters. The UK Environmental White Paper, This Common Inheritance, has made clear its goal of cleaner water. These goals include the establishment of an urban waste water directive and the possible use of incentive charging for water polluting discharges and fines. The National Rivers Authority recently fined Shell $1.5 million for polluting the Mersey River. Former water authorities are among those who are also being fined and investigated. These restrictions coincide with EU laws regarding penalties imposed on polluters and they have been found effective when enforced by members of the EC. In 1990, the UK water industry switched from public to private ownership. The transfer had an immediate impact on both water goods and services as the private sector took over. Free from government intervention and financing constraints, the private water companies have already begun to improve water quality and service. The industry has taken the fist steps in a $45 billion capital investment program that includes spending on a range of related equipment and services, including water treatment systems, monitoring instrumentation, pumping stations, sewage treatment, flood prevention and relaying of water mains.12 The water problems in the UK are immense and have an enormous impact on trade as well as the environment. The impact on the environment is quite apparent as acid rain, dangerous nitrates, high levels of lead and oil spills all damage the fragile ecosystem in the region. The UK is finally taking steps to fix its long term problems with water pollution by enforcing restrictions already established by the EC. As an economic recovery finally seems to have reached the UK, it is likely that industries can take the steps necessary for cleaner water, without risking a loss in profit. The enforcement of laws against polluters also had a positive effect in the region. If standards continue to be enforced; cleaner water in the UK is likely. Implementation EC environmental law suffers from a rather notorious 'implementation deficit', and a great deal of attention is being paid to improving the situation. It is, however, far from straightforward. There are many reasons for a Member State's failure properly to implement EC environmental law, not always readily identifiable in particular cases, and the appropriate reason varies accordingly. For instance, the EC Directive does not establish or refer to any dispute settlement bodies that are specifically dedicated to resolving disputes related to water. However, a number of cases have been decided by the European Court of Justice under other EC Directives, such as the cases against France and UK under the Surface Water Directives. Conclusion The stringency of drinking water standards increase the technical complexity of water and waste water treatments, and forces local management systems to be professional, because technologies required imply a high degree of specialization. The two most common forms of EC legislation are regulations and directives. Regulations become law throughout the EC as of their effective date, generally enforceable in each member state. Directives, in general, are not directly and generally enforceable in member states13. Directives set out goals for the member states to achieve through national legislation. The EC has adopted a substantial body of environmental legislation, covering a range of environmental concerns and issues. Enacted legislation includes conducting environmental impact statements of projects, air and water pollution, solid and hazardous wastes, noise pollution, expanded waste regulations and the establishment of the European Environment Agency. Although the legislation on water pollution is probably the most highly developed branch of EC and has the longest history, yet it is not free from its adversaries. It had its own limitation and the government is taking measures to overcome these limitations. Thus, it could be well concluded at the moment that European water is still polluted after twenty years of EC legislation. References Lee, Maria. (2005): EU Environmental Law: Challenges, Change and Decision- making. Hart Publishing. Gillies, Dorothy. (1999): A Guide to EC Environmental Law. Earthscan Publishers. Read More