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Tuesday, 04 October 2011 08:21

EU pushes Germany to comply with water legislation

The European Commission is asking Germany to comply with EU water legislation.

The Commission is concerned that Germany's interpretation of the key notion of water services could lead to inadequate cost recovery and water pricing under German law. The Commission has now asked Germany to apply cost recovery obligations to all water services.

On the recommendation of Environment Commissioner Janez Potočnik, the Commission is sending a reasoned opinion. If Germany fails to reply within two months, the Commission could refer the case to the European Court of Justice.

The Water Framework Directive is Europe's key tool for protecting its waters. One of the measures to achieve its objectives is the obligation to adopt a cost recovery policy for water services that includes the environmental and resource costs of water use, taking into account the "polluter-pays" principle.

In Germany’s view, cost recovery should apply only to the supply of drinking water and the disposal and treatment of wastewater.

The Commission however sees water services as a wider notion that also includes water abstraction for the cooling of industrial installations and for irrigation in agriculture; the restriction of surface waters for navigation purposes, flood protection or hydro power production; and wells drilled for agricultural, industrial or private consumption.

According to the Commission, Germany's exclusion of these activities from water services is hindering the full and correct application of the Water Framework Directive.

Germany now has two months to respond, after which the Commission may refer the case to the European Court of Justice. The Commission is also currently investigating similar concerns in other Member States.

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