The European Commission has launched infringement procedures against Denmark, Italy and Luxembourg over shortcomings in their implementation of the EU Water Framework Directive (Directive 2000/60/EC), notably regarding the periodic review of water abstraction permits.
Full and correct application of EU water legislation is essential to safeguard water resources, protect ecosystems and ensure public health. Under the Water Framework Directive, Member States must establish programmes of measures for each river basin district to achieve good ecological and chemical status of surface and groundwater bodies. These programmes must address key pressures such as water abstraction, point source discharges and diffuse pollution, and must be regularly reviewed and updated, including the permits underpinning them.
In Denmark, the Commission has identified several issues. Water abstraction permits are not subject to systematic review, even though they may remain valid for up to 30 years. In addition, national legislation exempts riverbank owners from obtaining abstraction permits when supplying river water to livestock, and 215 water supply installations are operating without valid abstraction authorisations.
In Italy, national rules do not ensure that all water abstraction and impoundment permits — including those linked to dams — are properly registered. Moreover, water concessions can remain valid for 30 to 40 years without any obligation for periodic reassessment, which runs counter to the Directive’s objectives.
Luxembourg has also failed to fully transpose the requirement for regular permit reviews. While groundwater abstraction permits issued since 2015 are limited to a seven-year duration, permits granted before that date remain valid indefinitely and are not subject to review. The same applies to permits of unlimited duration for surface water abstraction and discharges.
The Commission has therefore sent letters of formal notice to the three Member States, giving them two months to respond and address the identified shortcomings. If the responses are deemed insufficient, the Commission may proceed to the next step of the infringement process by issuing a reasoned opinion.
