{"id":120755,"date":"2026-09-08T07:00:35","date_gmt":"2026-09-08T05:00:35","guid":{"rendered":"https:\/\/eeb.org\/?p=120755"},"modified":"2026-09-08T08:49:15","modified_gmt":"2026-09-08T06:49:15","slug":"commission-failed-to-gather-relevant-evidence-before-announcing-overhaul-of-vital-eu-water-protections-complaint-to-ombudswoman-alleges","status":"publish","type":"post","link":"https:\/\/eeb.org\/it\/commission-failed-to-gather-relevant-evidence-before-announcing-overhaul-of-vital-eu-water-protections-complaint-to-ombudswoman-alleges\/","title":{"rendered":"Commission\u00a0failed to\u00a0gather relevant evidence before\u00a0announcing\u00a0overhaul of vital EU water protections, complaint\u00a0to Ombudswoman\u00a0alleges"},"content":{"rendered":"

Brussels, 8 September 2026\u00a0<\/span><\/b>\u2013 Today,\u00a0several\u00a0environmental organisations\u00a0lodged a formal complaint with the European Ombudswoman<\/a>, alleging maladministration by the European Commission over its decision to revise the Water Framework Directive (WFD), Europe’s cornerstone water protection law, and one of\u00a0the\u00a0EU\u2019s\u00a0key defences against growing climate extremes.\u00a0<\/span>\u00a0<\/span><\/p>\n

In December 2025, the Commission announced it would “review and revise” the Directive as part of its\u00a0RESourceEU\u00a0Action Plan, citing the need to\u00a0facilitate\u00a0access to critical raw materials.\u00a0The\u00a0political decision\u00a0came without prior\u00a0assessment and\u00a0consultation\u00a0and was purely based on\u00a0demands\u00a0from\u00a0the\u00a0mining\u00a0industry, one of the\u00a0sectors most responsible for polluting our water.<\/span>\u00a0<\/span><\/p>\n

The\u00a0NGOs\u00a0(European Anglers’ Alliance, European Environmental Bureau, Surfrider Foundation Europe, Wetlands International Europe, and WWF European Policy\u00a0Office)\u00a0argue\u00a0that the Commission made this commitment without presenting any evidence that the Directive itself\u00a0was\u00a0obstructing\u00a0mining\u00a0operations in Europe, and before\u00a0inclusive and balanced\u00a0consultation with stakeholders and experts had\u00a0taken place.\u00a0<\/span>\u00a0<\/span><\/p>\n

Only a few years ago, the WFD was subjected to a rigorous\u00a0Fitness\u00a0Check\u00a0and confirmed as fit for purpose after an extensive evidence-based review\u00a0and wide-ranging consultation with water-using sectors and the public.<\/span>\u00a0<\/span><\/p>\n

Irene Duque\u00a0Femen\u00eda<\/span><\/b>,\u00a0Senior Freshwater Policy Officer at\u00a0Wetlands International Europe (on behalf of the group of NGOs), said:<\/span>\u00a0<\/span><\/p>\n

“Simply\u00a0put, this revision comes out of nowhere.\u00a0It breaks with a long tradition of cooperation and coherent, evidence-based policymaking. It\u00a0isn’t\u00a0backed by a shred of public evidence, nor does it respond to any of the recommendations and promises the Commission itself has made.\u00a0<\/span><\/i>\u00a0<\/span><\/p>\n

By poking holes in our water law to serve an industrial ask, the Commission inverts the legal hierarchy between the two and abandons the\u00a0promise to “do\u00a0no significant harm”. We do not agree with the decision to revise nor with the pathway it has chosen to do so \u2013 this is the basis of our complaint.”\u00a0<\/span><\/i>\u00a0<\/span><\/p><\/blockquote>\n

When the evidence comes second<\/span><\/b>\u00a0<\/span><\/p>\n

While the Commission announced plans to revise the Water Framework Directive in December 2025, it only launched a Call for Evidence on 17 March 2026. Stakeholders were therefore asked to provide evidence\u00a0three months\u00a0<\/span>after<\/span><\/i>\u00a0the political decision had already been taken.<\/span>\u00a0<\/span><\/p>\n

In particular, the Commission’s consultation invited stakeholders to provide evidence of the “bottlenecks” facing the raw materials sector, despite those same bottlenecks having already been used to justify the announced revision.\u00a0<\/span>\u00a0<\/span><\/p>\n

The complaint argues that this approach runs counter to the Aarhus Convention and the Commission’s own Better Regulation principles, which require public participation to take place early in decision-making, when all options\u00a0remain\u00a0genuinely open. Yet stakeholders were informed that only revision options would be assessed in the\u00a0subsequent\u00a0impact assessment process.<\/span>\u00a0<\/span><\/p>\n

The\u00a0NGOs\u00a0also\u00a0point\u00a0to evidence\u00a0emerging\u00a0since the announcement that raises further questions about the rationale for reopening the law. The Commission’s own guidance on applying the Water Framework Directive to the\u00a0mining\u00a0sector, published in May 2026, concluded that existing legislation already provides ample flexibility\u00a0in permitting\u00a0for\u00a0mining\u00a0projects. Furthermore,\u00a0mining\u00a0projects previously cited as examples of being blocked by the Directive, including projects pursued by\u00a0state-owned Swedish company\u00a0LKAB\u00a0and\u00a0metals and\u00a0mining\u00a0multinational\u00a0Boliden in Sweden, have since been granted permits by national authorities, nullifying those claims.\u00a0<\/span>\u00a0<\/span><\/p>\n

Policymakers,\u00a0listen up<\/span><\/b>\u00a0<\/span><\/p>\n

The\u00a0NGOs are\u00a0calling on the Commission to drop the needless and dangerous plans to revise the Water Framework Directive and instead focus on accelerating the effective implementation and enforcement of existing water legislation, which has\u00a0protected EU waters for the last 25 years.\u00a0<\/span>\u00a0<\/span><\/p>\n

After a summer marked by droughts and\u00a0wildfires across Europe, the coalition argues\u00a0that,\u00a0to truly protect European communities from these worsening climate extremes, strengthening water and climate resilience must be the priority, not reopening one of the EU’s most important environmental safeguards to satisfy short-term industry interests.\u00a0<\/span>\u00a0<\/span><\/p>\n

ENDS.\u00a0<\/span>\u00a0<\/span><\/p>\n

\u00a0<\/span><\/p>\n

Notes to editors:<\/span><\/b>\u00a0<\/span><\/p>\n