Across Europe, the legislation on the influence of road and road traffic on water and water bodies and associated ecosystems is wide and complex. European legislation in general prohibits water pollution and limits influences on the water biotopes. These general rules are transferred into national legislation in very different ways. Realization of these rules depends on the country’s prevailing natural conditions (e. g. climatic regime), uses of water and technical regulations concerning road planning, design, construction and maintenance. In general, water pollution from roads is regulated in two main groups of legislation: environmental law and construction law. This section refers to environmental law.
Water is one of the most comprehensively regulated areas of the EU environmental legislation with directives regulating quality and standards for, e. g., dangerous substances in water, fishing water, drinking water and groundwater. The Water Framework Directive (WFD) of 2000 (EU, 2000) is the most important directive under the group of environmental law that regulates water pollution. The Groundwater Directive (EU, 2006), on the protection of groundwater against pollution and deterioration, is also a feature of the WFD.
The purpose of the WFD is to establish a framework for the protection of inland surface waters, transitional waters, coastal waters as well as groundwater. It aims at enhanced protection and improvement of the aquatic environment, and ensures the progressive reduction of pollution of water, based on a long-term protection and prevention of further pollution. Common environmental quality standards and emission limit values for certain groups or families of pollutants should be laid down as minimum requirements in Community legislation.
At latest 15 years after the date of entry into force of the WFD, i. e. 2015, Member States shall have protected all their water bodies with the aim of having a good water status. Good water quality is such that the concentrations of pollutants do not exceed the quality standards applicable under other relevant Community legislations.
Furthermore, the WFD presents an indicative list of what in general is considered the main groups of pollutants in water. Some of these are toxic while others are nutrient salts or substances causing oxygen depletion. In particular a number of priority substances have been listed and given special attention (the List of Priority Substances in the field of water policy). The List contains 33 substances [http:// europa. eu. int/comm/environment/water/water-framework/priority _substances. htm]. Some of these are typical traffic and road pollutants.
The substances on the list are already controlled, to varying degrees, by EU and national legislation. Further controls, independent of the WFD, are expected for a number of substances as a result of European and other international regulations. The European Parliament and the European Council will adopt specific measures against pollution of water by individual pollutants or groups of pollutants presenting a significant risk to or via the aquatic environment, including such risks to waters used for the abstraction of drinking water. For those pollutants, measures will be aimed at the progressive reduction and, for priority hazardous substances, at the cessation or phasing out of discharges, emissions and losses.
