Netherlands, Slovenia and Austria have to review water permits

The European Commission started an infringement procedure by sending letters of formal notice to the Netherlands, Austria and Slovenia in July. The Member States are not reviewing water permits for water abstraction or discharges regularly. Therefore they are failing to comply with the Water Framework Directive.

In the announcement of the infringement procedure the European Commission writes Member States are required to periodically review and update these controls, including any water permits granted for these purposes. Sustainable water management is a core element of the European Green Deal.

Netherlands

In the Netherlands, permits for abstraction of water or discharges into water may be granted for an unlimited duration and no periodic review is required. In addition, where authorisations are given under general rules, there is no periodic review either.

Austria

In Austria, an assessment is performed before an extension or an issuance of a new permit, which can correspond to a period of 25 years for abstractions for irrigation and up to 90 years for other purposes. This period is too long to fulfil the purpose of a periodic review, and therefore does not achieve the objectives of the Directive.

Slovenia

In Slovenia, national law does not provide clear rules for periodic reviews of permits or concessions for abstraction of water; of prior authorisations for point source discharges; and of generally applicable rules for diffuse discharges.

Procedure

The Netherlands, Austria and Slovenia now have two months to respond and address the shortcomings raised by the European Commission. If these countries do not take measures, the European Commission may decide to issue reasoned opinions.

Water Framework Directive

The Water Framework Directive requires Member States to establish a programme of measures for each river basin district to ensure good status of European water bodies, such as rivers and lakes. These measures must be included in the river basin management plans which must be established and reported to the Commission every six years. Each programme of measures must include basic measures to control different types of water abstraction, impoundment, point source discharge, diffuse sources liable to cause pollution, and any other significant adverse impacts on water quality.