August 2011
Much of the UK legislation that applies to the water and sewerage sectors derives from EU law and in particular from a range of directives.
Directives are a form of EU legislation which set out the results that national legislation on the particular subject must achieve but which leave the means of fulfilling those results to the discretion of the individual country. The idea therefore is that a common framework is established at EU level but the way in which legislation is implemented in EU member states reflects national circumstances.
Water law is an area where it makes good sense to have matters decided at EU level, given the number of river basins which cross national frontiers. For a single country to legislate on, say, water quality in a particular body of water may be a fruitless exercise if the main influences on that water body lie outside the country in question. Rivers like the Danube and Rhine, which run through a number of countries, are good illustrations of this point.
The two EU institutions responsible for making environmental law are the Council and the European Parliament. The Commission, on the other hand, is responsible for proposing new laws and for monitoring the enforcement of EU law by the member states.
Once the EU has adopted a new environmental directive, a period is left within which the law must be implemented in each EU country in accordance with its own procedures. In the UK, most EU environmental legislation is implemented by way of regulations made by the relevant government department.
There are many EU directives relevant to the water sector, some of the most prominent being those relating to:
• Drinking Water
• Water Policy Framework
• Urban Waste Water Treatment
• Bathing Water
• Industrial Emissions
Various other directives also affect the water and sewerage sector including those on environmental liability and sewage sludge.
During 2011/2012, the Commission is undertaking a fundamental review of EU water policy with a view to producing a water Blueprint by December 2012. The Blueprint is likely to set the direction of EU law in the sector for many years to come.
Water UK is actively engaged in representing the interests of its members in Europe, in particular through its participation in EUREAU, the European association representing national associations of water and waste water services companies.
