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45-748: The Directive is intended to protect human health by laying down healthiness and purity requirements which must be met by drinking water within the Community (see water quality ). Articles 1 and 2 make clear the goal is wholesome and clean water as ‘intended for human consumption’, for instance in drinking, cooking, and for food. Article 4 contains the general obligation for drinking water to be ‘wholesome and clean’ and (a) free from any micro-organisms and parasites dangerous to health, and comply with Annex I (microbiological and chemical parameters and those relating to radioactivity ). It also requires member states will take any other action needed in order to guarantee

90-520: A directive in theory but has failed to abide by its provisions in practice. If a Member State fails to implement a Directive timely or correctly, the Directive itself becomes binding on the Member States, meaning that parties in proceedings against the state may rely on provisions of the untimely or incorrectly transposed Directive. An example of a case in which the applicant was able to invoke

135-861: A regulation (without requiring member states to implement the directive), the desire for subsidiarity was paramount, so a directive was the chosen vehicle. The legal basis for the enactment of directives is Article 288 of the Treaty on the Functioning of the European Union (formerly Article 249 TEC ). Article 288 To exercise the Union's competences, the institutions shall adopt regulations, directives, decisions, recommendations and opinions. A regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member States. A directive shall be binding, as to

180-583: A regulation: (i) it complies with the EU's desire for "subsidiarity" ; (ii) it acknowledges that different member States have different legal systems, legal traditions and legal processes; and (iii) each Member State has leeway to choose its own statutory wording, rather than accepting the Brussels' official " Eurospeak " terminology. For example, while EU Directive 2009/20/EC (which simply requires all vessels visiting EU ports to have P&I cover) could have been

225-535: A small margin should be interpreted in this context. Articles 8 to 13 set out requirements on member states to regularly monitor the quality of water intended for human consumption by using the methods of analysis specified in the directive, or equivalent methods. Member states also have to publish drinking water quality reports every three years, and the European Commission is to publish a summary report. Within five years Member States had to comply with

270-474: A third party, for example a vandal breaking a tap on a fuel tank, could break the chain of causation ( Impress (Worcestor) Ltd v Rees [1971] 2 All ER 357). However, in the case of Empress Car Company (Abertillery) v National Rivers Authority [1998] Env LR 396, it was held that the law had taken a wrong turn and had to go back to the Alphacell v Woodward approach. The idea of a positive act was unnecessary and

315-557: A watercourse near their golf course. The Crown Court had ruled that the club could be prosecuted but not the members, but the Court of Appeal overruled this and stated that the Crown was entitled to decide who should be prosecuted in each case. Commentators have highlighted a number of rationales for the imposition of strict liability; to act as a deterrent, to promote the public interest goal in preventing environmental harm and to promote

360-461: Is a strict liability offence; intention or negligence by the defendant is not required for the offence to be committed, as illustrated by the word ‘cause’. The second component of the offence, ‘knowingly permit’ is used less frequently in prosecutions, as it requires proof of intention in order for the defendant to be liable. The Environment Agency or a private individual or association may bring prosecutions under Section 85. Section 85 does not define

405-599: Is an Act of the Parliament of the United Kingdom that regulates water resources , water quality and pollution, and flood defence. Part II of the Act provides the general structure for the management of water resources. Part III explains the standards expected for controlled waters; and what is considered to be water pollution . Part IV provides information on mitigation through flood defence. The Water Resources Act

450-526: The co-decision process, as contentious matters usually are) is prepared by the Commission after consultation with its own and national experts. The draft is presented to the Parliament and the Council —composed of relevant ministers of member governments, initially for evaluation and comment and then subsequently for approval or rejection. There are justifications for using a directive rather than

495-525: The polluter pays principle . Nonetheless, as strict liability offences require no mental responsibility or fault, art of an offence, this can lead to criminalising innocent or accidental actions. Due to a growing dissatisfaction with existing criminal sanctions, alternative sanctions have been considered such as naming and shaming polluters, fixed monetary penalties, discretionary requirements, and enforcement undertakings. S.92 – Requirements to take precautions against pollution; The Secretary of State has

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540-623: The 50 mg per litre set by the EC Drinking Water Directive ( 80/778/EEC .) Nitrate vulnerable zones from 01/01/09 have risen from 55% and now cover 68% of total U.K land S.97 – Codes of Good Agricultural Practice Encourages and promotes good framing practices via practical guidance, whilst maintain control and reducing pollution. The Environment Agency exercises a general supervision over all matters relating to flood defence. Under s.105 this includes conducting environmental surveys from time to time. Section 106 covers

585-678: The Council Directive 98/83/EC of 3 November 1998. The Directive contains additional restrictions on the presence of potentially dangerous compounds in water meant for human consumption (polyfluoroalkyl substances and EDCs). The Water Resources Act 1991 was used to introduce the Drinking water directive into UK law. In the UK, the Drinking Water Inspectorate is responsible for reporting on drinking water quality to

630-469: The Directive. Exemptions can be granted on a temporary basis, provided that they do not affect human health. The Annex lists chemical and organic measures of purity. With effect from December 2003, Directive 80/778/EC was repealed and replaced by 98/83/EC. The new directive saw the number of parameters reduced whilst allowing member to add parameters such as magnesium , total hardness , phenols , zinc , phosphate , calcium and chlorite . Until 2006

675-511: The EU contaminant levels for pesticides are up to 20 times lower than those in the WHO drinking water guidelines, because the EU directive not only aims at protecting human health but also the environment. The WHO contaminant levels themselves are already set so that there would be no potential risk if the contaminant was absorbed continuously over a person's lifetime. EU drinking water standards and cases where these standards are temporarily exceeded by

720-593: The Environment Agency from companies who ‘discharge sewage or trade effluent directly into surface water, such as rivers, streams, canals, groundwater or the sea’. Consents are set and enforced on an individual basis with regard to quality of the water source and the surrounding catchment. Other factors taken into account include the location and abstraction points used for public water supplies. Water companies are now bound by statutory enforcement to produce 25 year water resource management plans. Section 85 of

765-517: The European Commission has not published a summary report on drinking water quality. No EU country achieves full compliance with the directive, mainly because of the geological nature of its soil and agricultural activity. In 2003 the European Commission initiated a broad consultation process to prepare a revision of the Directive. One key aspect of the revision would be to move away from a pure end-of-pipe standard setting approach. Instead

810-660: The European Court of Justice developed the doctrine of direct effect where unimplemented or badly implemented directives can actually have direct legal force. In the important case of Francovich v. Italy , the ECJ extended the principle of Van Gend en Loos to provide that Member States who failed to implement a directive could incur liability to pay damages to individuals and companies who had been adversely affected by such non-implementation. Water Resources Act 1991 The Water Resources Act 1991 (c. 57) ( WRA )

855-468: The European Union. The Water Services Regulation Authority, or Ofwat , is the body responsible for economic regulation of the privatised water and sewerage industry in England and Wales. Ofwat has been successfully reducing the water leakage in England by setting leakage targets to each of the water companies. Called the "sustainable economic level of leakage", water companies have to fix leaks, as long as

900-627: The Secretary of State considers likely to result in water pollution. This enables the Environment Agency to exercise control over pesticides and other potential pollutants within the zones. S.94 – 95 – Nitrate Sensitive Areas and Agreements in Nitrate Sensitive Areas Provides control over agricultural activity with the aim of reducing the amount of nitrate from agricultural land in to groundwater sources – targeting areas where nitrate levels breach or are likely to breach

945-584: The Secretary of State or the Director General of Water Services, and any such arrangements made by them will be enforceable under section 18 of the Act The legal framework for meeting quality standards for the environment is found within s82 to s84. The duty of the Secretary of State (currently the Secretary of State for Environment, Food and Rural Affairs ) is to ‘prescribe a system of classifying

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990-419: The Secretary of State. Water quality standards provide goals for the Environment Agency to exercise its functions under s84 and to further maintain the quality objectives for controlled waters. Practical evaluation systems known as General Quality Assessments (GQAs) were established by the Environment Agency in attempts to monitor inland waters by testing both biological and chemical substances which could affect

1035-502: The WRA is concerned with the offence of polluting controlled water. The purpose of the section is to impose criminal liability on those who pollute natural water resources. The main offence states that it is an offence to cause or knowingly permit poisonous, noxious, or polluting matter or any solid waste to enter any controlled waters. Further offences, for example, a breach of conditions in a discharge consent, are also introduced by s.85. This

1080-437: The appropriate legislative procedure, both institutions can seek to make laws. There are Council directives and Commission directives. Article 288 does not clearly distinguish between legislative acts and administrative acts, as is normally done in national legal systems. Directives are binding only on the member states to whom they are addressed, which can be just one member state or a group of them. In general, however, with

1125-467: The average leakage rate in Europe stands at 23% of treated water. The commission's solution to address this issue has been to include transparency requirements for the biggest water suppliers to publish information on their water leakage and energy consumption. The recast Directive entered into force on 12 January 2021, with Member State now having two years for its implementation. The new directive replaces

1170-570: The cost of doing so is less than the cost of not fixing the leak. The cost of not fixing a leak includes environmental damage and the cost of developing new water resources to compensate for the water lost through leaks. In the event where a water company fails to meet its water leakage reduction target, they are penalised. The most recent example is when the Thames Water company had to repay £65 million to its customers – on top of £55 million of automatic fines – for failing to meet leakage targets in

1215-536: The current financial year, as well as in 2016/7 and 2017/18. The company also confirmed that it would invest an additional £200 million between now and 2020 to ensure that it meets the leakage target in 2019/20. Directive (European Union) A directive is a legal act of the European Union that requires member states to achieve particular goals without dictating how the member states achieve those goals. A directive's goals have to be made

1260-497: The development of a circular economy and adaptation to climate change . The water sector accounts for 3.5% of the electricity consumption . At local level, power charges make up between 30 and 50% of municipalities' bills, which are easily passed on to consumers who usually have no alternative suppliers. In addition to that, the Commission revealed that Europe has a massive issue around water leakage. According to their analysis,

1305-488: The directive to be implemented correctly. This is done in approximately 99% of the cases. If a member state fails to pass the required national legislation, or if the national legislation does not adequately comply with the requirements of the directive, the European Commission may initiate legal action against the member state in the European Court of Justice . This may also happen when a member state has transposed

1350-583: The exception of directives related to the Common Agricultural Policy , directives are addressed to all member states. When adopted, directives give member states a timetable for the implementation of the intended outcome. Occasionally, the laws of a member state may already comply with this outcome, and the state involved would be required only to keep its laws in place. More commonly, member states are required to make changes to their laws (commonly referred to as transposition ) in order for

1395-848: The functions of the Environment Agency (previously the National Rivers Authority ). The WRA sets out offences relating to water, discharge consents, and possible defences to the offences. The Environment Agency has the power to bring criminal charges against people or companies responsible for crimes concerning water. The WRA explains that the duty of the Agency is to “so far as is reasonably practicable” maintain, with water undertakers, secure and proper management of any reservoirs, apparatus or other works which belong to and are operated and controlled by them. The Agency will alert water undertakers as to any arrangements made by

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1440-420: The goals of one or more new or changed national laws by the member states before this legislation applies to individuals residing in the member states. Directives normally leave member states with a certain amount of leeway as to the exact rules to be adopted. Directives can be adopted by means of a variety of legislative procedures depending on their subject matter. The text of a draft directive (if subject to

1485-419: The healthiness and purity of water intended for human consumption. It requires Member States to regularly report on the quality of drinking water to the European Commission and the public. It applies to all water intended for human consumption apart from natural mineral waters and waters which are medicinal products. In setting contaminant levels the directive applies the precautionary principle . For example,

1530-477: The obligation to carry out flood defence functions through committees. Within each region each committee is empowered to maintain, improve or construct drainage works for the purpose of defence against sea water or tidal water anywhere in their area. They must also provide flood warning systems. Section 107 covers the main river functions under the Land Drainage Act 1991 and this is the power for securing

1575-517: The overall health of the surrounding ecosystems. In addition, nutrient sampling is undertaken in the assessments by the Environment Agency to establish whether natural biological waste from runoff in nearby areas is causing a significant change in the water quality. It has been argued that, although the monitoring system can be viewed as an improvement in water regulation, no enforcement techniques are in place to punish those with low-quality GQA results. Basic outline - Discharge consents are required by

1620-615: The power to take precautions to make regulations concerning precautionary measures in relation to any poisonous, noxious or polluting matter to prevent it from entering controlled waters. As a result of these powers the Silage, Slurry, Agricultural and Fuel Oil Regulations 1991 were enacted to aid the control and prevention of pollution e.g. through new storage systems for slurry. S.93 – Water Protection Zones; The Secretary of State may designate water protection zones, where appropriate for prohibiting or carrying on in that area of activities which

1665-754: The provisions of an untimely transposed Directive is the Verkooijen case, in which the European Court of Justice rendered a judgement on 6 June 2000 (case no. C-35/98). The United Kingdom passed a statutory instrument , the Unfair Terms in Consumer Contracts Regulations 1994 , to implement the EU Unfair Terms in Consumer Contracts Directive 1993 . For reasons that are not clear, the 1994 SI

1710-412: The quality of those waters’. Under s.82, classification regulations provide the standards that must be met for controlled waters to be under a specific classification. In relation to this, the Act provides reference to the purposes of the water, substances within the water or absent from it and requirements as to other characteristics. Under s83, water quality objectives for controlled waters are created by

1755-400: The result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods. A decision shall be binding in its entirety upon those to whom it is addressed. Recommendations and opinions shall have no binding force. The Council can delegate legislative authority to the Commission and, depending on the area and

1800-464: The underlying operation is that the defendant must do something. The test for whether the actions of third parties could break the chain of causation was whether the intervening event was a normal and familiar fact of life or an abnormal and extraordinary event. In R v RL and JF (2008) the 100+ members of an unincorporated golf club, as well as the club itself, were prosecuted under the strict liability theory for causing contractors' works which polluted

1845-589: The whole water supply process from the basin to the tap would be assessed to identify risk and the most effective control points, through so-called water safety plans . The Commission proposed to update the existing safety standards in line with latest recommendations of the World Health Organization (WHO) but also sets an obligation for EU countries to improve access to safe drinking water for all, and more specifically to vulnerable and marginalised groups. It aimed for more environment protection,

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1890-587: The words poisonous, noxious, or polluting; therefore leaving the words open to flexible definition by the courts. Controlled waters are defined in section 104 of the Act and include territorial, coastal, inland and ground waters. (ref Water Resources Act 1991 s.104). The penalties for contravention of s. 85, range from a term of imprisonment not exceeding 3 months or a fine not exceeding £20,000 or both. Infringements that are more serious can carry penalties of imprisonment not exceeding two years, an unlimited fine, or both. In Alphacell v Woodward [1972] 2 All ER 475, it

1935-437: Was deemed inadequate and was repealed and replaced by the Unfair Terms in Consumer Contracts Regulations 1999 . The Consumer Rights Act 2015 , a major United Kingdom statute consolidating consumer rights, then abolished the 1999 SI; so presumably the 2015 Act complies with the 1993 EU directive, which remains extant. Even though directives were not originally thought to be binding before they were implemented by member states,

1980-401: Was found that the prosecution only have to show there was some underlying operation to cause pollution. There is no need for the prosecution to show the defendant was negligent or at fault. A number cases followed that introduced requirements for some positive act on the part of the defendant (e.g. Wychavon District Council v National Rivers Authority [1993] Env LR 230, and found that the act of

2025-518: Was introduced in December 1991 along with four other pieces of legislation ( Water Industry Act 1991 , Land Drainage Act 1991 , Statutory Water Act 1991 and the Water (Consequential Provisions) Act 1991) whose combined purpose was to consolidate existing water legislation, which was previously spread out over 20 separate pieces of legislation. The Act governs the quality and quantity of water by outlining

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