Broad opposition to new revision Water Framework Directive
This summer, the European Commission will present a proposal to adapt the Water Framework Directive (WFD) to facilitate mining activities. This plan is facing widespread opposition and calls to leave the recently revised WFD unchanged are growing louder. Members of the European Parliament, environmental organisations, citizens, water sector umbrella organisations, a Member State, and numerous individuals are raising concerns.
Mining companies are advocating for more flexible water rules to make it easier to obtain permits. In its ResourceEU Action Plan, the European Commission states that Europe must reduce its dependence on other countries for critical raw materials. This means that mining activities within Europe will need to grow. According to the mining industry, the WFD represents a significant obstacle to mining projects. The sector is calling for exemptions, deadline extensions, less stringent standards, and a more pragmatic definition of water body deterioration, the sector organisation Euromines told Water News Europe before.
Mining arguments challenged
However, different sources suggest that the mining industry’s arguments are not supported by evidence. “We have analysed several cases involving our members, but in none of them the WFD was the actual problem. The issues were instead related to insufficient documentation, inadequate analyses, and a lack of measures to prevent negative impacts on water,” said Pär Dalhielm, CEO of the Swedish water utilities association Svenskt Vatten, in a statement. Dalhielm is also President of the European water services association EurEau.
France, too, has questioned whether the WFD is truly an obstacle to mining. In a letter the French authorities explained that they had asked the regional authorities to identify projects involving the extraction, processing, or recycling of critical raw materials that might be hindered by the Water Framework Directive. Like Svenskt Vatten, France concluded that, at this stage, no advanced project involving the extraction, processing, or recycling of critical raw materials in France has been significantly impeded by existing water legislation and regulations.
Economic risks underestimated
A group of 25 Members of the European Parliament recently sent a letter to Brussels expressing concern that reopening the WFD would create uncertainty for public authorities, investors, and stakeholders. This concern is shared by water sector organisations, which warn that weaker standards could lead to economic risks and higher costs for many industries. Drinking water providers and food and beverage producers explain in their letter that any deterioration in raw water quality would inevitably result in higher treatment costs.
Procedural concerns
Environmental organisations, including the European Anglers Alliance, the European Environmental Bureau, the European Rivers Network, Surfrider Foundation Europe, Wetlands International, and WWF, sent an urgent letter to the European Commission at the end of April. They argue that the accelerated procedure currently being used by the Commission to amend the WFD is incompatible with the Better Regulation Framework. In particular, the organisations object to discussions with industry representatives taking place behind closed doors. Their letter states that more than 430,000 people have already expressed opposition to the proposed changes.
Guidance to reduce uncertainties
On 22 May, the European Commission published a guidance document to ensure simpler and more harmonised implementation of EU water laws by reducing uncertainties about compliance. “While providing more clarity on provisions of the Water Framework Directive, the Groundwater Directive and the Environmental Quality Standards Directive, the guidance document does not replace, add to, or amend these provisions. It is also not legally binding”, states a spokesperson of the European Commission.
The document provides recommendations on how authorities can accelerate permitting procedures while reducing administrative burdens. For example, it suggests that authorities could update outdated permits and require existing operators to apply Best Available Techniques (BAT) for wastewater treatment. According to the Commission, such measures could create room for new activities within the framework of existing environmental standards.
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