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SCHEDULE
COUNCIL TEXT
paragraph 2(1)
COUNCIL OF THE EUROPEAN UNION
Brussels, 9 November 2005 (OR. en)
Interinstitutional File: 2003/0210 ( COD)
12062/05
ENV 395
CODEC 717
OC 596
LEGISLATIVE ACTS AND OTHER INSTRUMENTS
Subject: Common position adopted by the Council with a view to the adoption of a Directive of the European Parliament and of the Council on the protection of groundwater against pollution
DIRECTIVE 2005/.../EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of
on the protection of groundwater against pollution
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,
Having regard to the proposal from the Commission,
Having regard to the Opinion of the European Economic and Social Committee 1,
Having regard to the Opinion of the Committee of the Regions 2,
Acting in accordance with the procedure laid down in Article 251 of the Treaty 3,
1OJ C 112, 30.4.2004, p. 40.
2OJ C 109, 30.4.2004, p. 29.
3 Opinion of the European Parliament of 28 April 2005 (not yet published in the Official Journal), Council common position of ... (not yet published in the Official Journal) and Decision of the European Parliament of ... (not yet published in the Official Journal).
Whereas:
(1) Groundwater is a valuable natural resource which should be protected from chemical pollution. This is particularly important for groundwater-dependent ecosystems and for the use of groundwater in water supply for human consumption.
(2) Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environment Action Programme 1 includes the objective to achieve water quality levels that do not give rise to significant impacts on, and risks to, human health and the environment.
(3) In order to protect the environment as a whole, and human health in particular, detrimentalconcentrations of harmful pollutants in groundwater should be avoided, prevented or reduced.
(4) Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy 2 sets out general provisions for the protection and conservation of groundwater. As provided for in Article 17 of that Directive, measures to prevent and control groundwater pollution should be adopted, including criteria for assessing good groundwater chemical status and criteria for the identification of significant and sustained upward trends and for the definition of starting points for trend reversals.
1OJ L 242, 10.9.2002, p. 1.
2OJ L 327, 22.12.2000, p. 1. Directive as amended by Decision No 2455/2001/EC ( OJ L 331, 15.12.2001, p. 1).
(5) Having regard to the need to achieve consistent levels of protection for groundwater, quality standards and threshold values should be established, and methodologies based on a common approach should be developed, in order to provide criteria for the assessment of the chemical status of bodies of groundwater.
(6) Quality standards for nitrates, plant protection products and biocides should be set as Community criteria for the assessment of the chemical status of bodies of groundwater, and consistency should be ensured with Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources 1, Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market 2, and Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market 3, respectively.
(7) Groundwater chemical status provisions do not apply to high naturally-occurring concentrations of substances or ions or their indicators, contained either in a body of groundwater or in associated bodies of surface water, due to specific hydro-geological conditions, which are not covered by the definition of pollution. Equally, they do not apply to temporary, spatially-limited changes in flow direction and chemical composition, which are not regarded as intrusions.
(8) Criteria should be established for the identification of any significant and sustained upward trends in pollutant concentrations and for the definition of the starting point for trend reversal, taking into account the likelihood of adverse effects on associated aquatic ecosystems or dependent terrestrial ecosystems.
1OJ L 375, 31.12.1991, p. 1. Directive as amended by Regulation ( EC) No 1882/2003 of the European Parliament and of the Council ( OJ L 284, 31.10.2003, p. 1).
2OJ L 230, 19.8.1991, p. 1. Directive as last amended by Regulation ( EC) No 396/2005 of the European Parliament and of the Council ( OJ L 70, 16.3.2005, p. 1).
3OJ L 123, 24.4.1998, p. 1. Directive as amended by Regulation ( EC) No 1882/2003.
(9) Member States should, where possible, use statistical procedures, provided they comply with international standards and contribute to the comparability of results of monitoring between Member States over long periods.
(10) In accordance with the third indent of Article 22(2) of Directive 2000/60/EC, Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution by certain dangerous substances 1 is to be repealed with effect from 22 December 2013. It is necessary to ensure the continuity of the protection provided by Directive 80/68/EEC with regard to measures aimed at preventing or limitingbothdirect and indirect inputs of pollutants into groundwater.
(11) It is necessary to distinguish between hazardous substances, inputs of which should be prevented, and other pollutants, inputs of which should be limited. Annex VIII to Directive 2000/60/EC, listing the main pollutants relevant for the water environment, should be used to identify hazardous and non-hazardous substances which present an existing or potential risk of pollution.
(12) In order to ensure consistent protection of groundwater, Member States sharing bodies of groundwater should coordinate their activities in respect of monitoring, the setting of threshold values, and the identification of relevant hazardous substances.
(13) In certain circumstances, Member States should be authorised to grant exemptions from measures to prevent or limit the input of pollutants into groundwater.
1OJ L 20, 26.1.1980, p. 43. Directive as amended by Directive 91/692/EEC ( OJ L 377, 31.12.1991, p. 48).
(14) It is necessary to provide for transitional measures to apply during the period between the date of implementation of this Directive and the date from which Directive 80/68/EEC is repealed.
(15) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission 1,
HAVE ADOPTED THIS DIRECTIVE:
1OJ L 184, 17.7.1999, p. 23.
Article 1
Purpose
1. This Directive establishes specific measures as provided for in Article 17(1) and (2) of Directive 2000/60/EC in order to prevent and control groundwater pollution. These measures include in particular:
(a) criteria for the assessment of good groundwater chemical status; and
(b) criteria for the identification and reversal of significant and sustained upward trends and for the definition of starting points for trend reversals.
2. This Directive also complements the provisions preventing or limiting inputs of pollutants into groundwater already contained in Directive 2000/60/EC, and aims to prevent the deterioration of the status of all bodies of groundwater.
Article 2
Definitions
For the purposes of this Directive, the following definitions shall apply in addition to those laid down in Article 2 of Directive 2000/60/EC:
(1) "groundwater quality standard" means an environmental quality standard expressed as the concentration of a particular pollutant, group of pollutants or indicator of pollution in groundwater, which should not be exceeded in order to protect human health and the environment;
(2) "threshold value" means a groundwater quality standard set by Member States in accordance with Article 3;
(3) "significant and sustained upward trend" means any statistically significant increase of concentration of a pollutant, group of pollutants, or indicator of pollution, which presents an environmental risk for which trend reversal is identified as being necessary in accordance with Article 5;
(4) "input of pollutants into groundwater" means the direct or indirect introduction of pollutants into groundwater as a result of human activity.
Article 3
Criteria for assessing groundwater chemical status
1. For the purposes of the assessment of the chemical status of a body or a group of bodies of groundwater pursuant to Section 2.3 of Annex V to Directive 2000/60/EC, Member States shall use the following criteria:
(a) groundwater quality standards as referred to in Annex I;
(b) threshold values to be established by Member States in accordance with the procedure set out in Part A of Annex II for the pollutants, groups of pollutants and indicators of pollution which, within the territory of a Member State, have been identified as contributing to the characterisation of bodies or groups of bodies of groundwater as being at risk, taking into account at least the list contained in Part B of Annex II.
2. Threshold values can be established at the national level, at the level of the river basin district or the part of the international river basin district falling within the territory of a Member State, or at the level of a body or a group of bodies of groundwater.
3. Member States shall ensure that, for bodies of groundwater shared by two or more Member States and for bodies of groundwater within which groundwater flows across a Member State's boundary, the establishment of threshold values is subject to coordination between the Member States concerned, in accordance with Article 3(4) of Directive 2000/60/EC.
4. Where a body or a group of bodies of groundwater extends beyond the territory of the Community, the Member State(s) concerned shall endeavour to establish threshold values in coordination with the non-Member State(s) concerned, in accordance with Article 3(5) of Directive 2000/60/EC.
5. Member States shall establish threshold values pursuant to paragraph 1(b) for the first time by 22 December 2008 at the latest.
All threshold values established shall be published in the river basin management plans to be submitted in accordance with Article 13 of Directive 2000/60/EC, and including a summary of the information set out in Part C of Annex II.
6. Member States shall amend the list of threshold values whenever new information on pollutants, groups of pollutants, or indicators of pollution indicates that a threshold value should be set for an additional substance, that an existing threshold value should be amended, or that a threshold value previously removed from the list should be re-inserted, in order to protect human health and the environment.
Threshold values can be removed from the list when the body of groundwater concerned is no longer at risk from the corresponding pollutants, groups of pollutants, or indicators of pollution.
Any such changes to the list of threshold values shall be reported in the context of the periodic review of the river basin management plans.
7. The Commission shall publish a report by 22 December 2009 at the latest on the basis of the information provided by Member States in accordance with paragraph 5.
Article 4
Procedure for assessing groundwater chemical status
1. Member States shall use the procedure described in paragraph 2 to assess the chemical status of a body of groundwater. Where appropriate, Member States may group bodies of groundwater in accordance with Annex V to Directive 2000/60/EC when carrying out this procedure.
2. A body or a group of bodies of groundwater shall be considered to be of good chemical status when:
(a) the values for the groundwater quality standards listed in Annex I and the relevant threshold values established in accordance with Article 3 and Annex II are not exceeded at any monitoring point in that body or group of bodies of groundwater; or
(b) the value for a groundwater quality standard or threshold value is exceeded at one or more monitoring points but an appropriate investigation in accordance with Annex III confirms that:
(i) on the basis of the assessment referred to in paragraph 3 of Annex III, the concentrations of pollutants exceeding the groundwater quality standards or threshold values are not considered to present a significant environmental risk, taking into account, where appropriate, the extent of the body of groundwater which is affected;
(ii) the other conditions for good groundwater chemical status set out in Table 2.3.2 in Annex V to Directive 2000/60/EC are being met, in accordance with paragraph 4 of Annex III to this Directive;
(iii) where appropriate, the requirements of Article 7(3) of Directive 2000/60/EC are being met, in accordance with paragraph 4 of Annex III to this Directive;
(iv) the ability of the body of groundwater or of any of the bodies in the group of bodies of groundwater to support human uses has not been significantly impaired by pollution.
3. Member States shall publish a summary of the assessment of groundwater chemical status in the river basin management plans in accordance with Article 13 of Directive 2000/60/EC.
This summary, established at the level of the river basin district or the part of the international river basin district falling within the territory of a Member State, shall also include an explanation as to the manner in which exceedances of groundwater quality standards or threshold values at individual monitoring points have been taken into account in the final assessment.
4. If a body of groundwater is classified as being of good chemical status in accordance with paragraph 2(b), Member States, in accordance with Article 11 of Directive 2000/60/EC, shall take such measures as may be necessary to protect aquatic ecosystems, terrestrial ecosystems and human uses of groundwater dependent on the part of the body of groundwater represented by the monitoring point or points at which the value for a groundwater quality standard or the threshold value has been exceeded.
Article 5
Identification of significant and sustained upward trends and the definition of starting points for trend reversals
1. Member States shall identify any significant and sustained upward trend in concentrations of pollutants, groups of pollutants or indicators of pollution found in bodies or groups of bodies of groundwater identified as being at risk and define the starting point for reversing that trend, in accordance with Annex IV.
2. Member States shall reverse trends which present a significant risk of harm to the quality of aquatic ecosystems or terrestrial ecosystems, to human health, or to actual or potential legitimate uses of the water environment, through the programme of measures referred to in Article 11 of Directive 2000/60/EC, in order progressively to reduce pollution of groundwater.
3. Member States shall define the starting point for trend reversal as a percentage of the level of the groundwater quality standards set out in Annex I and of the threshold values established pursuant to Article 3, on the basis of the identified trend and the environmental risk associated therewith, in accordance with Part B, paragraph 1 of Annex IV.
4. In the river basin management plans to be submitted in accordance with Article 13 of Directive 2000/60/EC, Member States shall summarise:
(a) the way in which the trend assessment from individual monitoring points within a body or a group of bodies of groundwater has contributed to identifying, in accordance with Section 2.5 of Annex V to that Directive, that those bodies are subject to a sustained and significant upward trend in concentration of any pollutant or a reversal of that trend; and
(b) the reasons for the starting points defined pursuant to paragraph 3.
5. Where necessary to assess the impact of existing plumes of pollution in bodies of groundwater that may threaten the achievement of the objectives in Article 4 of Directive 2000/60/EC, and in particular, those plumes resulting from point sources and contaminated land, Member States shall carry out additional trend assessments for identified pollutants in order to verify that plumes from contaminated sites do not expand, do not deteriorate the chemical status of the body or group of bodies of groundwater, and do not present a risk for human health and the environment. The results of these assessments shall be summarised in the river basin management plans to be submitted in accordance with Article 13 of Directive 2000/60/EC.
Article 6
Measures to prevent or limit inputs of pollutants into groundwater
1. In order to achieve the objective of preventing or limiting inputs of pollutants into groundwater, established in accordance with Article 4(1)(b)(i) of Directive 2000/60/EC, Member States shall ensure that the programme of measures established in accordance with Article 11 of that Directive includes:
(a) all measures necessary to aim to prevent inputs into groundwater of any hazardous substances. In identifying such substances, Member States shall in particular take account of hazardous substances belonging to the families or groups of pollutants referred to in points 1 to 6 of Annex VIII to Directive 2000/60/EC, as well as of substances belonging to the families or groups of pollutants referred to in points 7 to 9 of that Annex, where these are considered to be hazardous;
(b) for pollutants listed in Annex VIII to Directive 2000/60/EC which are not considered hazardous, and any other non-hazardous pollutants not listed in that Annex considered by Member States to present an existing or potential risk of pollution, all measures necessary to limit inputs into groundwater so as to ensure that such inputs do not cause deterioration of good groundwater chemical status, do not cause any significant and sustained upward trends in the concentrations of pollutants in groundwater, and do not otherwise cause pollution of groundwater. Such measures shall take account of established best practice, including the Best Environmental Practice and Best Available Techniques specified in the relevant Community legislation.
For the purpose of establishing measures referred to in points (a) or (b), Member States may, as a first step, identify the circumstances under which the pollutants listed in Annex VIII to Directive 2000/60/EC, in particular essential metals and their compounds referred to in point 7 of that Annex, are to be considered hazardous or non-hazardous.
2. Inputs of pollutants from diffuse sources of pollution having an impact on the groundwater chemical status shall be taken into account whenever technically possible.
3. Without prejudice to any more stringent requirements in other Community legislation, Member States may exempt from the measures required by paragraph 1 inputs of pollutants that are:
(a) the result of direct discharges authorised in accordance with Article 11(3)(j) of Directive 2000/60/EC;
(b) considered by the competent authorities to be of a quantity and concentration so small as to obviate any present or future danger of deterioration in the quality of the receiving groundwater;
(c) the consequences of accidents or exceptional circumstances of natural cause that could not reasonably have been foreseen, avoided or mitigated;
(d) the result of artificial recharge or augmentation of bodies of groundwater authorised in accordance with Article 11(3)(f) of Directive 2000/60/EC;
(e) considered by the competent authorities to be not technically feasible to prevent or limit without using:
(i) measures that would increase risks to human health or to the quality of the environment as a whole; or
(ii) disproportionately costly measures to remove quantities of pollutants from, or otherwise control their percolation in, contaminated ground or subsoil; or
(f) the result of interventions in surface waters for the purposes, amongst others, of mitigating the effects of floods and droughts, and for the management of waters and waterways, including at international level. Such activities, including cutting, dredging, relocation and deposition of sediments in surface water, shall be conducted in accordance with general binding rules, and, where applicable, with permits and authorisations issued on the basis of such rules, developed by the Member States for that purpose, provided that such inputs do not compromise the achievement of the environmental objectives established for the water bodies concerned in accordance with Article 4(1)(b)(ii) of Directive 2000/60/EC.
4. The competent authorities of the Member States shall keep an inventory of the exemptions referred to in paragraph 3 for the purpose of notification, upon request, to the Commission.
Article 7
Transitional arrangements
In the period between ... * and 22 December 2013, any new authorisation procedure pursuant to Articles 4 and 5 of Directive 80/68/EEC shall take into account the requirements set out in Articles 3, 4 and 5 of this Directive.
Article 8
Technical adaptations
Annexes II, III and IV may be adapted to scientific and technical progress in accordance with the procedure referred to in Article 21(2) of Directive 2000/60/EC, taking into consideration the period for reviewing and updating river basin management plans, as referred to in Article 13(7) of that Directive.
Article 9
Implementation
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before ...*. They shall forthwith inform the Commission thereof.
*OJ: Two years after the entry into force of this Directive.
When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
Article 10
Entry into force
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Article 11
Addressees
This Directive is addressed to the Member States.
Done at ...,
For the European Parliament
The President
For the Council
The President
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