The regulation of polluting substances in relation to EU water law

Valérie van ‘t Lam

Chapter 23 in Research Handbook on EU Water Law, 2026, pp 401-420 from Edward Elgar Publishing

Abstract: This chapter describes the regulation of polluting substances in EU water law. This regulation is fragmented. The WFD forms the basis of European water policy and sets targets for the protection of surface water, groundwater, and coastal waters. It contains provisions for the identification of priority substances that are harmful to the aquatic environment. The Member States must take measures to reduce the concentrations of these substances. Discharge permits and their implementation are regulated by the WFD. A partial revision of the WFD is currently being discussed. There is also a specific European legal framework for industrial emissions: the Industrial Emissions Directive (IED), which contains regulations on the permitting of industrial installations and their emissions, including into water. The IED was recently revised because the framework should lead to greener industry. Chemical substances fall within the scope of the Regulation on the Registration, Evaluation, Authorisation, and Restriction of Chemicals (REACH). REACH applies to all chemical substances that are produced or imported into the EU in quantities of one tonne or more each year. This includes both industrial and consumer-use chemicals, that is, substances that are found in paints, cleaning products, clothing, electronics, and many other items. REACH will be partially revised, too, but in a much more limited way than previously indicated by the former Commission. Emerging pollutants are regulated by this somewhat fragmented legal framework. In practice, legal uncertainties arise. For example, in the Netherlands, which, in the opinion of the European Commission, did not implement the WFD correctly – discharge permits do not mention all of the substances that will be emitted. This situation also concerns emerging substances. Is the discharge of these substances legally allowed, and if not, can such prohibitions be enforced? Permitting practice should improve so that water quality can improve and the law can become more certain.

Keywords: Polluting substances; Priority substances; Industrial emissions; REACH; Emerging pollutants (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035336425
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