Amended proposal for a Council Directive establishing a framework for Community action in the field of water policy (COM(97) 49 final) (1) (98/C 108/17) (Text with EEA relevance) COM(98) 76 final - 97/0067(SYN)

(presented by the Commission pursuant to Article 189 a (2) submitted of the EC-Treaty on 17 February 1998)

Annex V of the Water Framework Directive is replaced by the following:

'Contents

1. SURFACE WATERS

1.1 ECOLOGICAL SURFACE WATER STATUS

1.1.1 Type parameters for classification of ecological status of surface waters

1.1.1.1 Rivers

1.1.1.2 Lakes

1.1.1.3 Estuaries

1.1.1.4 Coastal waters

1.1.2 Normative definitions of ecological status classifications

1.1.2.1 Rivers

1.1.2.2 Lakes

1.1.2.3 Estuaries

1.1.2.4 Coastal waters

1.1.2.5 Procedure for setting chemical quality standards

1.1.3 Identification of reference conditions

1.1.3.1 Classification of water body ecotype

1.1.3.1.1 Rivers

1.1.3.1.2 Lakes

1.1.3.1.3 Estuaries

1.1.3.1.4 Coastal waters

1.1.3.2 Establishment of reference conditions

1.1.4 Monitoring of ecological status for inland and coastal waters

1.1.4.1 Selection of monitoring sites

1.1.4.2 Selection of type parameters for monitoring

1.1.4.3 Selection of frequency

1.1.4.4 Additional previsions on priority list substances

1.1.4.5 Monitoring of protected areas

1.1.4.6 Monitoring in the event of accidental pollution

1.1.4.7 Standards for monitoring of type parameters

1.1.5 Monitoring and assessment of other marine waters

1.1.6 Presentation of monitoring results and harmonised classification of ecological quality

1.1.6.1 Presentation of monitoring results and classification of ecological status

1.1.6.2 Comparability of biological monitoring results

1.1.7 Criteria for the designation of heavily modified physical characteristics

1.2. CHEMICAL SURFACE WATER STATUS

1.2.1 Selection of monitoring sites, and sampling and analysis frequencies

1.2.2 Presentation of chemical status

2. GROUNDWATER

2.1 ANALYSIS OF THE CHARACTERISTICS OF THE RIVER BASIN DISTRICT

2.2 GROUNDWATER QUANTITATIVE STATUS

2.2.1 Parameter for the classification of quantitative status of groundwater

2.2.2 Definition of good quantitative status

2.2.3 Monitoring of groundwater quantitative status

2.2.3.1 Groundwater level monitoring sites

2.2.3.2 Selection of frequency

2.2.3.3 Representation of quantitative status

2.3 GROUNDWATER CHEMICAL STATUS

2.3.1 Parameters for the classification of chemical status

2.3.2 Definition of good chemical status

2.3.3 Monitoring of groundwater chemical status

2.3.3.1 Identification of monitoring points

2.3.3.2 Selection of parameters

2.3.3.3 Selection of frequency

2.3.3.4 Representation of groundwater chemical status

1. SURFACE WATERS

1.1 ECOLOGICAL SURFACE WATER STATUS

1.1.1 Type Parameters for classification of ecological status of surface waters

1.1.1.1 Rivers

Biological parameters

- Composition and abundance of aquatic flora

- Composition and abundance of benthic invertebrate fauna

- Composition, abundance and age structure of fish fauna

Hydromorphological parameters supporting the biological parameters

- Hydrological regime (quantity and dynamics of water flow, including connection to the groundwater body)

- River continuity

- Morphological elements (river depth and width variation, structure and substrate of the river bed, structure of the riparian zone)

Chemical and physico-chemical parameters supporting the biological parameters

General parameters

- Water temperature

- Oxygen balance

- Salt content

- pH

- Acidification status

- Nutrient concentration

Other substances under Annex VIII

- All priority substances

- other substances identified as being discharged in significant quantities into the body of water by the inventory of point and diffuse sources of pollution

1.1.1.2 Lakes

Biological parameters

- Composition and abundance of aquatic flora (other than phytoplankton)

- Composition, abundance and biomass of phytoplankton

- Composition and abundance of benthic invertebrate fauna

- Composition, abundance and age structure of fish fauna

Hydromorphological parameters supporting the biological parameters

- Hydrological regime (quantity and dynamics of water flow, including residence time and connection to the groundwater body)

- Morphological elements (lake depth variation, quantity, structure and substrate of the lake bed, structure of the riparian zone)

Chemical and physico-chemical parameters supporting the biological parameters

General parameters

- Transparency

- Water temperature

- Oxygen balance

- Salt content

- pH

- Acidification status

- Nutrient concentration

Other substances under Annex VIII

- All priority substances

- Other substances identified as being discharged in significant quantities into the body of water by the inventory of point and diffuse sources of pollution

1.1.1.3 Estuaries

Biological parameters

- Composition and abundance of aquatic flora (other than phytoplankton)

- Composition, abundance and biomass of phytoplankton

- Composition and abundance of benthic invertebrate fauna

- Composition, abundance and age structure of fish fauna

Hydromorphological parameters supporting the biological parameters

- Tidal regime

- Continuity

- Morphological elements (depth variation, quantity, structure and substrate of the bed, structure of the riparian zone)

Chemical and physico-chemical parameters supporting the biological parameters

General parameters

- Temperature

- Oxygen balance

- Salinity

- pH

- Nutrient concentration

Other substances under Annex VIII

- All priority substances

- Other substances identified as being discharged in significant quantities into the body of water by the inventory of point and diffuse sources of pollution

1.1.1.4 Coastal water

Biological parameters

- Composition and abundance of aquatic flora (other than phytoplankton)

- Composition, abundance and biomass of phytoplankton

- Composition and abundance of benthic invertebrate fauna

- Composition, abundance and age structure of fish fauna

Hydromorphological parameters supporting the biological parameters

- Morphological elements (freshwater flow, depth, sediment load, direction of dominant currents, structure and substrate of the coast, structure of the riparian zone)

Chemical and physico-chemical parameters supporting the biological parameters

General parameters

- Water temperature

- Oxygen balance

- Salinity

- pH

- Nutrient concentration

Other substances under Annex VIII

- All priority substances

- Other substances identified as being discharged in significant quantities into the body of water by the inventory of point and diffuse sources of pollution

1.1.2. Normative definitions of ecological status classifications

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1.1.2.5 Procedure to be followed by Member States for the setting of chemical quality standards

1.1.2.5.1 Data requirements

Where possible, both acute and chronic data shall be obtained for the following taxa, collectively termed "the base set":

- Algae and/or macrophytes

- Daphnia

- Fish

Other taxa for which data are available may be taken into account as appropriate.

1.1.2.5.2 Setting the Environmental Quality Standard

The following procedure applies to the setting of a maximum annual average concentration.

(i) The lowest reliable and relevant effect concentration shall be determined from laboratory tests and the appropriate safety factor applied as set out in the table below:

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Member States may adjust the factors indicated here in certain cases as indicated in section 3.3.1 of Part II of Technical guidance document in support of Commission Directive 93/67/EEC on risk assessment for new notified substances and Commission Regulation (EC) No 1488/94 on risk assessment for existing substances.

(ii) Where data on persistence and bioaccumulation are available, these should be taken into account in deriving the final value of the Environmental Quality Standard.

(iii) The standard thus derived should be compared with any evidence from field studies. Where anomalies appear the derivation should be reviewed.

(iv) The standard derived should be subject to peer review and public consultation within the Member State.

1.1.3 Classification of water body ecotype and identification of reference conditions

1.1.3.1 Classification of water body ecotype

Methodology

(i) The surface water bodies within the river basin shall be discriminated into ecotypes.

(ii) For this purpose, Member States may use either System A or System B identified below. If system A is used, the river basin must be discriminated into ecoregions according to the map set out in Annex X. The water bodies in each ecoregion must then be discriminated into ecotypes according to the criteria set out in the tables for System A.

(iii) If System B is used, Member States must achieve at least the same degree of discrimination as would be achieved using System A.

(iv) This exercise must be completed by 31 June 2001.

(v) Member States shall submit a list of ecotypes distinguished, together with maps (GIS) of their geographical location, to the Commission at the latest by 31 December 2001.

(vi) Where appropriate, Member States shall adjust the classification of water body type, inter alia in the light of the results of the monitoring required by Article 13.

1.1.3.1.1 Classification into ecotypes for rivers

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1.1.3.1.2 Classification into ecotypes for lakes.

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1.1.3.1.3 Classification into ecotypes for estuaries

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1.1.3.1.4 Classification into ecotypes for coastal waters

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1.1.3.2. Establishment of reference conditions: methodology

(i) For each ecotype identified under Section 1.1.3.1, a set of reference conditions shall be established. These reference conditions shall be the values for the biological parameters which would be obtained for that ecotype at high status.

(ii) The reference conditions may be spatially based and/or temporally based.

(iii) For spatially-based reference conditions, Member States must develop a reference network of at least five reference sites of high status within each ecotype. Using this network, it shall then identify the values for the biological parameters listed in Section 1.1 corresponding to high ecological status, either by direct use of reference data or by of predictive models based on reference data.

(iv) Temporally based reference conditions shall be identified using historical data at the site to identify the values for the biological parameters listed in Section 1.1 corresponding to high ecological status. Reference conditions may also be constructed using a combination of spatially and temporally-based reference conditions, for example by using historical data at a reference site. Historical values shall be determined by using either data collected in the past, or data collected in the present using palaeological methods.

(v) Establishment of reference conditions shall be completed by 31 December 2001.

1.1.4 Monitoring of ecological status for inland and coastal waters

Monitoring programmes for surface water status, as required by Article 10, shall be instituted according to the following requirements, so as to provide a comprehensive overview of the surface water status in each River Basin. Such monitoring programmes shall be reviewed every three years.

1.1.4.1 Selection of monitoring sites

Member States shall separately identify all bodies of water in each River Basin District.

Member States shall designate monitoring sites to be included in the monitoring programme according to the following requirements:

1. Identify those bodies which are subject to point source pressures in accordance with Annex 3.2,

2. Identify those bodies which are subject to diffuse pressures in accordance with Annex 3.3,

3. Identify those bodies which are not subject to anthropogenic pressure,

4. Identify all significant (1) water bodies which cross a Member State boundary, and

5. Identify all significant bodies which discharge into territorial waters.

Bodies identified in 1. above shall be designated as monitoring sites.

Bodies identified in 2. above shall be assessed. This assessment shall be carried out by:

- designating as a monitoring site each body that is subject to the pressure,

or

- designating as monitoring sites a selection of water bodies which are both:

- representative of the ecotypes (2) that are subject to the pressure

and

- representative of the spatial variability of the pressure.

Bodies identified in 3. above shall be assessed. Such an assessment shall be carried out by:

- designating as a monitoring site each body of water

or

- designating as monitoring sites a selection of the water bodies which are representative of all the ecotypes present in the basin

Bodies identified in 4 and 5 above shall be monitored at the point of discharge into territorial waters or the territory of another state.

Member States shall designate additional monitoring sites as are necessary to ensure a comprehensive overview of surface water status for each River Basin.

1.1.4.2 Selection of type parameters for monitoring

Member States shall monitor each site identified in 1 to 5 above for those parameters listed in the table below:

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"Inventory" in the table above means: "monitor for those supporting parameters that indicate the level of those pressures, identified in the inventory of pollution sources required by Annex III, that are being imposed upon the water body, and thus the biological community."

"Investigation" in the table above means: "monitor for supporting parameters in the event that the biological quality does not achieve good status."

"Reference" in the table above means: "monitor the condition of reference sites (3) for all supporting parameters to ensure that they are not subject to significant anthropogenic pressure."

1.1.4.3 Selection of frequency

Member States shall carry out monitoring at such a frequency as is envisaged as necessary to ensure that any changes in classification that occur are detected with a 90 % degree of confidence between three year periods, but in any event Member States shall, where required to do so by Table 1.1.4.2 above, monitor the relevant quality elements at the minimum frequency detailed below.

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The level of confidence and precision reached by the monitoring system used shall be stated in the River Basin Management Plan.

1.1.4.4 Additional provisions on priority list substances

(i) Type 1 bodies of water which have been subject to inputs of priority list substances shall continue to be monitored until such time as twelve consecutive samples are measured to be below the relevant EQS for the substances in question.

(ii) Monitoring points shall be chosen such as to determine whether the relevant quality objectives are being consistently achieved sufficiently close to the input, so as to be representative of the quality of the receiving water in the area affected by the input, allowing for a reasonable mixing zone.

(iii) Additional monitoring required in the event of an EQS for a priority list substances being breached should include monitoring at a range of distances from the input in order to identify the extent of the area of exceedence.

1.1.4.5 Monitoring of protected areas

The monitoring required under sections 1.1.4.1 to 1.1.4.4 shall be supplemented according to the following requirements:

(i) Drinking water abstraction points

Areas designated under Article 8 (drinking water abstraction) shall be designated as monitoring sites and shall be monitored for all parameters for which environmental quality standards have been set pursuant to Article 8. Monitoring shall be carried out in accordance with the frequencies detailed below:

Minimum annual frequency of sampling and analysis for each parameter for which an EQS has been set under Article 8.

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(ii) Bathing waters

Monitoring shall be carried out for these areas in accordance with the requirements of Directive 76/160/EEC

(iii) Nutrient sensitive areas

Monitoring shall be carried out for these areas in accordance with the requirements of Directives 91/271/EEC and 91/676/EEC

(iv) Habitat and species protection areas

Monitoring for these areas shall be carried out as for bodies of type 1, as referred to above, and such further monitoring as is considered necessary to ensure the condition of these areas satisfy the requirements of the measure under which they are designated.

1.1.4.6 Monitoring in the event of accidental pollution

In the event of accidental pollution, as referred to in Article 19, monitoring shall be carried out as for a body of type 1 above in order to assess the impact of the accidental pollution on the receiving water body.

1.1.4.7 Standards for monitoring of type parameters

Macroinvertebrate sampling

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Macrophyte sampling

CEN/ISO standards under development

Fish sampling

CEN/ISO standards under development

Diatom sampling

CEN/ISO standards under development by CEN

Standards for physico-chemical parameters

Standards for hydromorphological parameters

1.1.5 Monitoring and assessment of other marine waters

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Methodology

1. Each Member State shall identify, according to the methodology established under Annex III:

(a) those substances or contaminants in section 1 or 2 of table 1.1.5 which are input in significant quantities to the marine environment, from the atmosphere, from rivers and estuaries, from direct discharges, in the vicinity of shipping lanes and in the vicinity of offshore installations. They shall include in particular those substance inputs for which there is evidence that they are contributing significantly to pollution of the marine waters of any other Member State;

(b) significant occurrences of litter at the sea surface, on the seabed and along shorelines;

(c) significant instances of fishing and mariculture activities.

2. For each substance or contaminant in section 1 of table 1.1.5 identified under paragraph 1(a), Member States shall:

(a) undertake monitoring of marine concentrations in sediments and biota;

(b) establish background concentrations;

(c) compare concentrations with ecotoxicological assessment criteria.

For important groups of pollutants so identified, Member States shall establish biological effects monitoring regimes.

3. For significant inputs of nutrients identified under paragraph 1(a), Member States shall:

(a) establish a monitoring programme to identify where elevated nutrient concentrations or fluxes from anthropogenic sources cause an increase in any of frequency, magnitude or duration of phytoplankton blooms, or a change in species composition; and

(b) monitor to detect and assess the extent to which any of increased phytoplankton abundance, changed phytoplankton species composition, and the presence of toxic phytoplankton species result in ecological disturbance.

4. For occurrences of litter identified under paragraph 1(b), Member States shall:

(a) establish and assess sources, composition, occurrence and quantities of litter; and

(b) assess information on stomach contents of birds and marine organisms in relation to health.

5. For instances of fishing and mariculture activities identified under paragraph 1(c), Member States shall:

(a) for fishing activities

- monitor fisheries discards and discards of offal,

- monitor by-catches and establish biological effects monitoring to quantify effects on stocks of non-target species and benthic communities;

(b) for mariculture activities:

- establish and monitor the genetic composition of wild stocks to identify any impacts,

- monitor disease and parasites in wild stocks and undertake risk assessments of potential introduction from mariculture,

- survey concentrations/biological effects of pesticides and antibiotics.

6. With a view to achieving a global assessment of ecological health in order to determine the extent of human impact, Member States shall develop ecological quality objectives, identify suitable indicator species and define a biological monitoring system in relation to their ecological quality objectives.

7. The technical specifications and quality-assurance provisions required to ensure the reliability and comparability of the data and to clearly record the procedures used for monitoring, assessment and analysis for the activities in paragraphs 2-6 shall be adopted by the Commission by 31 December 2001 at the latest, in accordance with the procedure laid down in Article 25. The Commission shall ensure the maximum of consistency between the obligations established and those under the international conventions covering territorial and other marine waters.

1.1.6 Presentation of monitoring results and harmonised classification of ecological quality

1.1.6.1 Presentation of monitoring results and classification of ecological status

(i) For biological monitoring, Member States shall present the monitoring results for each site in terms of deviation from the reference conditions for that site. This deviation shall be expressed by a single figure representing numerically the degree of departure.

(ii) For each chemical parameter, the monitoring result shall be expressed as an absolute numerical value and translated into a quality classification as provided for in Section 1.2.

(iii) For hydromorphological parameters, the monitoring result shall be expressed as a quality classification as provided for in Section 1.2.

(iv) Member States shall classify the ecological quality for each body of water according to the following scheme:

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A map shall be provided of biological quality, colour-coded as indicated above.

Where failure to achieve good ecological status is entirely due to heavily modified physical characteristics, a set of green dashes shall be superimposed on the appropriate colour code.

(v) The ecological quality classification for the body of water shall be presented by three letters in juxtaposition. The first letter shall represent the classification for biological parameters, the second the classification for hydromorphological parameters, and the third the classification for chemical parameters. The overall ecological status of the water body shall be the lowest of the three.

1.1.6.2 Comparability of biological monitoring results

(i) The Commission shall ensure an exchange of information between Member States leading to the identification across the Community of a set of bodies of water, of a representative selection of ecotypes, of qualities corresponding to the normative definitions of quality classes established in Section 1.2. This group of sites shall be collectively known as "the intercalibration network". A register of the sites comprising the intercalibration network shall be prepared and made available for comment by 31 March 2001.

(ii) Establishment of the intercalibration network for good ecological status shall be completed by 31 December 2001.

(iii) The Commission shall coordinate an intercalibration exercise. Every biological monitoring system to be used by a Member State for the purposes of Article 10 shall be tested on the intercalibration network. This testing shall take the following form:

- Each biological monitoring system shall be applied to every site in the intercalibration network which is of an ecotype for which it shall be used in practice. The intercalibration network shall include at least five sites at each of the five quality levels for every such ecotype.

- Environmental quality ratios for each national monitoring system shall be established for each of the five quality classes. Member States shall classify the ecological status of the water body for the purposes of this Directive by reference to the ratios so established.

(iv) The intercalibration exercise outlined in paragraph 4 shall be completed by 31 December 2002 at the latest. A table of all the values so established shall be published by the Commission by 30 June 2003.

1.1.7 Criteria for the designation of heavily modified physical characteristics

The Member State may designate physical characteristics of a body as heavily modified on the basis of consideration of the following:

(i) whether it is technically possible and economically feasible to make modifications

(ii) the effects of such modifications on the wider environment

(iii) the effects on navigation

(iv) the effects on activities for the purposes of which water is stored (power generation, drinking-water supply, etc. . .)

(v) the effects on water regulation and flood protection.

Where characteristics of a body of water are so designated, that designation and the reasons for it shall be stated in the River Basin Management Plan.

1.2 CHEMICAL SURFACE WATER STATUS

1.2.1 Selection of monitoring sites, and sampling and analysis frequencies

These shall be selected as specified in the legislation laying down the environmental quality standard. Where no specific guidance is given the scheme for priority list substances set out in section 1.1.4.3 shall be adopted.

1.2.2 Presentation of chemical status

Where a body meets all the environmental quality standards with which compliance is required under Article 13(3)(a) or 13(3)(h), it shall be recorded as achieving good chemical status. If not, the body shall be recorded as failing to achieve good chemical status.

2. GROUNDWATER

2.1 ANALYSIS OF THE CHARACTERISTICS OF THE RIVER BASIN DISTRICT

Identification, mapping and characterisation of groundwater bodies

Member States shall identify, map and characterize all groundwater bodies at a national, regional and local level.

In characterizing groundwater bodies the following information shall be collected where relevant for each groundwater body:

- boundaries and area of the groundwater body,

- geological characteristics of the groundwater body, including extent and type of geological units,

- hydrogeological characteristics of the aquifer including hydraulic conductivity, porosity and confinement,

- characteristics of the superficial deposits and soils overlying the aquifer, including their thickness, porosity, hydraulic conductivity, and absorptive properties,

- stratification characteristics of the groundwater within the groundwater body,

- an inventory of associated surface systems, including terrestrial ecosystems and bodies of surface water, with which the groundwater body is dynamically linked,

- estimates of the directions and rates of exchange of water between the groundwater body and associated surface systems, and

- sufficient data to calculate the long term annual average rate of overall recharge.

In characterizing the impact of human activity, the following information shall be collected and maintained for each groundwater body:

- location of points in the groundwater body from which water is abstracted,

- the annual average rates of abstraction from such points,

- the chemical composition of water abstracted from the groundwater body,

- location of points in the groundwater body into which water is directly discharged,

- the rates of discharge at such points,

- the chemical composition of waters discharged to the groundwater body,

- land use in the catchment for the groundwater body, including anthropogenic alterations to the recharge characteristics of the groundwater body, including rainwater and run-off diversion through land sealing, artificial recharge, damming and drainage, and

- areas of human development which may be susceptible to damage as a result of changes in groundwater level.

Sufficient information shall be provided to allow a reliable water balance calculation to be made for each groundwater body such as to identify the net change in water storage in the body resulting from the total volumes of water entering and leaving the body.

2.2. ROUNDWATER QUANTITATIVE STATUS

2.2.1 Parameter for classification of quantitative status of groundwater

Groundwater level regime

2.2.2 Definition of good quantitative status

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2.2.3 Monitoring of groundwater quantitative status

2.2.3.1 Groundwater level monitoring sites

Each competent authority shall establish a groundwater monitoring network in accordance with the requirements of Article 10. The monitoring network shall be designed so as to provide a reliable estimate of the quantitative status of all groundwater bodies.

Member States shall:

1. Identify those groundwater bodies from which waters are abstracted and ensure sufficient monitoring points are provided to assess the impact of the abstraction upon the groundwater level within the groundwater body.

2. Identify those groundwater bodies which are subject to direct or indirect discharges and ensure sufficient monitoring points are provided to assess the impact of the discharge upon the groundwater level within the groundwater body.

3. Identify all significant groundwater bodies where groundwater flows across a Member State boundary and ensure sufficient monitoring points are provided to estimate the direction and rate of groundwater flow across the Member State boundary.

4. Identify those groundwater bodies not included in 1., 2., or 3. above and ensure sufficient monitoring points are provided to estimate the groundwater level including dynamic elements such as seasonal variations, and long term natural fluctuations within the groundwater body.

2.2.3.2 Selection of frequency

Monitoring of groundwater levels shall be carried out so as to identify both short-term and long-term trends in groundwater levels. Monitoring shall be sufficient for the identification of such trends despite the presence of climatically induced variation as a result of factors such as rainfall events and long term climatic change.

The frequency of observations of the groundwater level in each body of groundwater shall permit assessment of trends in groundwater level as a result of both anthropogenic and non-anthropogenic influences on the body.

The frequency of observations shall permit the calculation of the available groundwater resource.

2.2.3.3 Representation of quantitative status

For each groundwater level monitoring point, observations of groundwater level shall be analysed to assess trends in the level of groundwater in the groundwater body. The detection or prediction of anthropogenic trends liable to give rise to a reduction in the ecological status of associated surface systems shall be considered as a failure to achieve good quantitative status.

2.3 GROUNDWATER CHEMICAL STATUS

2.3.1 Parameters for classification of chemical status

Conductivity

Concentrations of priority list substances

Concentrations of Annex VIII pollutants

2.3.2. Definition of chemical status

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2.3.3. Monitoring of groundwater chemical status

2.3.3.1 Identification of monitoring points

Member States shall assess, where relevant, the inherent susceptibility of each groundwater body to pollution by reference to relevant available monitoring data or by reference to the characteristics of the groundwater body determined in accordance with Annex II and in particular:

- the thickness, hydraulic conductivity, absorptive and reactive properties of materials overlying the geological unit in which the groundwater is located,

- the thickness, hydraulic conductivity, absorptive and reactive properties of the solid geological strata in the unsaturated zone, and

- the depth below ground of the uppermost portion of aquifer associated with the groundwater body.

Member States shall:

1. Identify those bodies of groundwater which are subject to point sources of pollutants and ensure sufficient monitoring points are provided to assess the impact of the point source input upon the groundwater body given its inherent susceptibility.

2. Identify those bodies of groundwater which pollutants enter other than from point sources and ensure sufficient monitoring points are provided to assess the impact of such sources upon the groundwater body given its inherent susceptibility.

3. Identify those bodies which are susceptible to saline or other intrusion as a result of groundwater abstraction and ensure sufficient monitoring points shall be provided to detect the rate of intrusion of saline or other intrusion into the groundwater body.

4. Identify all significant bodies of groundwater where groundwater flows across a Member State boundary and ensure at least one monitoring point is provided and such further points as are considered necessary to be representative of the variability of chemical composition across the member state boundary.

5. Designate such additional monitoring sites as are necessary in order to ensure a comprehensive overview of groundwater chemical status for each body of groundwater.

Groundwater bodies designated as waters used for the abstraction of water intended for human consumption under Article 8 shall be monitored at the point of abstraction in order to ensure achievement of the environmental quality standards set by the Member State in accordance with Article 8.

2.3.3.2 Selection of Parameters

Monitoring and analysis shall be carried out for those parameters specified in the table below:

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"Inventory" in the table above means: "monitor for those pollutants which are identified in the inventory of sources of pollutants that are liable to enter the groundwater body, as identified in the review of human impacts detailed in 2.3.1 above."

"Selection" in the table above means: "monitor a selection of unimpacted sites for the presence of pollutants which are liable to be widespread, so as to obtain values for the background concentration of such pollutants."

"Option" in the table above means: "may be monitored at the discretion of the Member State."2.3.3.3 Selection of frequency

Member States shall carry out monitoring, where required to do so by Table 2.3.3.2 above, at such a frequency as is envisaged necessary to ensure that trends in the concentration of all pollutants are detected. In any event monitoring shall be carried out at a minimum frequency of once per annum.

The level of confidence and precision achieved by the monitoring system used shall be stated in the River Basin Management Plan.

2.3.3.4 Representation of Groundwater Chemical Status

Failure to achieve the standards set out in 2.2.2 shall be judged as a failure to achieve good groundwater chemical status.

(1) Significant bodies are to be considered those which, on average, account for more than 20 % of the annual discharge from a River Basin. Member States will designate all the monitoring stations listed in Annex I to Council Decision 77/795/EEC for this purpose.

(2) For the purpose of this requirement an ecotype is one of the types of water body identified under Section 1.1.3.1.

(3) Reference sites are defined in section 1.1.3 of this Annex.`

(1) OJ C 184, 17.6.1997, p. 20.