European Commission urges three Member States to review water permits

The European Commission has launched infringement procedures against Denmark, Italy and Luxembourg for failing to carry out periodic reviews of water permits. This is mandatory according to the Water Framework Directive (WFD). The three Member States now have two months to respond and address the shortcomings. In the absence of a satisfactory response, the European Commission may decide to issue a reasoned opinion.

The infringement procedures concerning the review of water permits for the three Member States was published in the Infringement Package of January 2026. Since 2024, the European Commission has been enforcing regulations regarding the review of water permits. According to the Water Framework Directive compliance must include measures to control different types of pressures affecting water bodies, such as water abstraction, point source discharges, and diffuse pollution sources. Member States are required to periodically review and update these control measures, including any permits granted, to determine whether they still achieve their objectives and, if necessary, to update them.

Denmark lacks water abstraction permits

In Denmark, water abstraction permits are not reviewed, although their validity period can be up to 30 years long. This is not in line with the objectives of the Water Framework Directive. Furthermore, Danish legislation exempts riverbank owners from the requirement to obtain a water abstraction permit for providing river water to their cattle. Finally, 215 water supply plants have no valid abstraction authorisations.

Lack of registration of impoundment permits

In Italy, national legislation does not guarantee the registration of every water abstraction or impoundment permit, such as those allowing the impoundment of water by building a dam. In addition, concessions are not subject to any periodic review although the validity periods can be 30 or 40 years. This is not in line with the objectives of the WFD.

No review of older water abstraction permits

Luxembourg has incorrectly transposed the obligation to periodically review water abstraction permits. In this Member State, permits for the abstraction of groundwater granted from 2015 onwards are valid for seven years. However, those that were granted before 2015 remain valid indefinitely and there is no obligation to review them periodically with a view to achieving the objectives of the WFD. There is also no periodic review of permits of unlimited duration for the abstraction of surface water and discharge into such waters.

Enforcement of regulations on water permits

Since 2024 the European Commission has been enforcing legislation on water permits. Several Member States have received a letter of notice and after failing to solve the issues, a few countries have received a reasoned opinion. If Member States fail to comply they risk being sent to the European Court of Justice.