Item 2 – WFD and legal issues Water Directors 18/19 June 2007 Item 2 – WFD and legal issues (Information Point)

Several Issues 2.1 WFD Comitology alignment 2.2 WFD and Carbon Capture and Storage 2.3 WFD–Commission Decision based on Art 8(3) 2.4 WFD complaint on water services 2.5 Other issues (P in detrgents, simplification)

Carbon Capture and Storage (CCS) Commission is currently preparing enabeling Regulatory Framework Regulation of imacts based on existing legislation, e.g. SEA, EIA, IPPC In order to allow CCS in deep-saline aquifers, amendment of WFD Article 11 necessary Proposed text to be added to Article 11.3.j of Directive 2000/60/EC: “- injection of CO2 streams for storage purposes into geological formations which for natural reasons are permanently unsuitable for other purposes, provided that such injection is authorised under Directive XX/XX/EC” Impact Assessment ongoing, Commission Proposal expected in November 2007

Commission Decision based on Art 8 (3) Commission Decision on adopting technical specifications for chemical monitoring and quality of analytical results in accordance with Directive 2000/60/EC (QA/QC decision) Applicable for surface and groundwaters, thereby complementing daughter directives on GW and PS (e.g. how to deal with compliance where EQS is lower than analytical LoQ) Currently internal consultaitons, Committee will be given another opportunity for written comments in September Opinion of Committee foreseen in November 2007 – adoption in early 2008

Complaint on water services In July 2006, Commission received Strategic Complaint on the bad application of definition of “water services” in the WFD implementation 17 complaints covering 11 Member States On 22 March 2007, Commission wrote to these 11 Member State to gather additional information Several replies, assessment ongoing Follow up will be linked to assessment of WFD implementation report

Other issues On 4 May 2007, Commission published report on use of phosphates in detergents (COM(2007)234)- many references to WFD No decision taken, but Commission will continue assessments - follow up and draft opinion of SCHER on studies discussed in Detergents WG on 18/6 European Parliament (Policy Department-Economic and Scientific Policy) published in April 2007 a study on “Simplification of European Water Policy” (IP/A/ENVI/FWC/2006-172/Lot 1/C1/SC5)