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Water services and why a broad definition under the WFD is needed to ensure the polluter pays principle

Sarolta Tripolszky

elni Review 2012, Issue 2,  pp. 59-62. https://doi.org/10.46850/elni.2012.010

'Water services' is a term under the EU Water Framework Directive (WFD) that describes economic activities which make use of water infrastructure that changes the physical characteristic of a water body. Economic actors who make use of water in this way are asked to come up for all or part of the costs and thus contribute to the achievement of good water status - the objective of the WFD. 
However many European member states have applied a narrow definition of the term in their national legislation and restricted water services to the traditional water service sectors: wastewater treatment and municipal drinking water supply, leaving agriculture, mining, hydropower or navigation aside. Because of the narrow definition of this legal term the wrong economic policies are applied to water users resulting in a poor allocation of natural and financial resources. This goes against the very essence of the WFD which was adopted to start a new area in which all human pressures on water are dealt within a single framework and in which the polluter has to pay. The involvement of all relevant sectors and application of wise economics is crucial for the timely implementation of the WFD. In turn, this is essential for the European society and economy in view of the predicted increase in pressure on water in the future. 
EEB and WWF started a collective complaint against 11 member states in 2006 to enforce the correct implementation of the Directive. A decision by the European court of Justice is expected in the fall of 2012. In this article the author explains the concept of the term 'water services' and outlines the economic and legal consequences of a narrow and broad definition. The development of the collective (or strategic) complaint from 2006 till today is also described.

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References

  1. Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy, OJ 2000 L 327/1.
  2. 3rd European Water Conference Brussels, 24 – 25 May 2012. Background document ANNEX A. Preliminary assessment River Basin Management Plans, Ecologic and European Commission 2012.
  3. Economic Instruments in the Water Framework Directive: An Opportunity for Water Protection. Shortcomings in the First Management Cycle and the Need for Action. Policy Paper from Grüne Liga e.V. 2011.
  4. The Truth behind the CAP – 13 Reasons for Green Reform, Coalition of NGOs, 2011.
  5. Ten Rivers - A Review of Europe’s New Water Protection. EEB 2012.
  6. Illegal water use in Spain. Causes, effects and solutions WWF/Adena May 2006.
  7. Position on the Blueprint to Safeguard Europe’s Water, European Environmental Bureau, 8th May 2012.
  8. Environment: Commission asks Ireland to recover costs of all water services. European Commission - Press release Reference: IP/11/1433 Date: 24/11/2011.
  9. Environment: Commission asks Belgium, Denmark, Finland and Sweden to recover costs of all water services European Commission - Press release Reference: IP/11/1264 Date: 27/10/2011.
  10. Environment: Commission refers Germany to Court over incomplete cost recovery for water services. European Commission - Press release Reference: IP/12/536 Date: 31/05/2012.