Opinion of the Economic and Social Committee on the 'Proposal for a European Parliament and Council Decision on an action programme for integrated groundwater protection and management` () (97/C 89/13)

On 8 October 1996 the Council decided to consult the Economic and Social Committee, under Article 130s of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Protection of the Environment, Public Health and Consumer Affairs, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 7 January 1997. The rapporteur was Mr de Paul de Barchifontaine.

At its 342nd Plenary Session (meeting of 29 January 1997) the Economic and Social Committee adopted the following opinion by 87 votes to 1 with 3 abstentions.

1. Introduction

1.1. The Commission proposal falls within the fifth Community action programme on the environment, entitled 'Towards Sustainability` (), and follows on from the 'Communication on European Community water policy` () and from the declaration of the ministerial seminar on groundwater held in the Hague on 26 and 27 November 1991. This declaration calls for the establishment of an action programme to be implemented at national and Community level by the year 2000.

1.2. This Commission proposal aims to secure:

- the introduction of licensing systems and other instruments for national water management;

- preventive, comprehensive groundwater protection, particularly for diffuse sources;

- the introduction of general provisions for the safety of installations handling substances harmful to water;

- the preparation of general provisions to promote agricultural practices in keeping with the objective of groundwater protection.

1.3. The Committee applauds the Commission for improving its water policy in order to prevent and reduce the increasing levels of groundwater pollution.

1.4. It should be noted that this is the first time that the Commission has also considered the issue of water in quantitative terms.

2. General comments

2.1. Towards sustainability

2.1.1. This proposal is basically in line with the objectives for water set down in the European Community programme of policy and action in relation to the environment and sustainable development.

2.1.2. The Committee feels that the action programme:

- needs to be considered within the much broader context of the whole range of expertise in water management, including the integrated management of industrial, urban, agricultural and rural activities, soil management, etc.;

- must take into account the vital roles played in the ecosystem by both water and mankind, and the need to find a fair balance between economic and environmental considerations within a context of sustainable development, by incorporating environmental objectives into all other policies;

- must take account of the long timescale over which groundwater pollution can occur, and the fact that remediation of contaminated groundwater can take decades. Urgent action to prevent further deterioration in groundwater quality is therefore very important;

- must aim to guarantee a high level of environmental protection.

2.2. Subsidiarity and responsibility

2.2.1. The principle of subsidiarity should not prevent the Commission from ensuring that Community policy is applied consistently throughout the Member States. This implies certain obligations for Member States along with uniform monitoring by the Commission to ensure that the policy is applied correctly.

2.2.2. The implementation of this action programme entails both statutory and non-binding measures, to be defined in the framework directive on water resources to be adopted shortly. The final paragraph of the proposal leaves open the legal basis for the measures to implement the programme and does not specify the nature of these measures. This approach leaves the Commission considerable scope for action. The Committee feels, however, that the current level of groundwater protection should be improved or at any rate maintained.

2.2.3. The Committee has already reserved the right to comment on the framework directive when consulted and of course also reserves the right to comment on other future measures. It nevertheless feels that binding limits for dangerous substances to which priority is attached under the current legislation should be introduced in order to keep groundwater pollution to a minimum (). These should be applied equally throughout the Community.

2.2.4. More generally speaking, the Committee notes the communication from the Commission (), which draws attention to an extremely unsatisfactory situation with respect to the implementation of environmental provisions. The Committee is drafting an opinion on the communication, but would wish right now to stress the need to establish a Community reference framework for responsibility for environmental damage ().

2.2.5. The Committee also notes that the 13th annual report on monitoring the application of Community law (1995) draws attention to the fact that the practical application of water directives falls short of the ambitions of Community policy on the protection and quality of the aquatic environment. () The future framework directive, which seeks to simplify and consolidate the legislation on water, should take account of the difficulties encountered and provide for appropriate solutions. New scientific findings and practical experience can lead to the improvement of the provisions in force.

2.2.6. Some Member States already have existing machinery to enable users/customers to be informed and consulted on various aspects of water policy. However this needs to be coordinated at all levels. The Committee therefore suggests that the Commission should consider and consult with Member States with a view to establishing:

- a competent authority in each Member State;

- a user/customer Council in each Member State;

- machinery for these bodies to liaise at European level.

The composition of these bodies should be left to each Member State but reference should be made to the wording suggested in Part 2, Implementation of the action programme (national programme elements, 12th spot) of the Commission proposal.

2.3. Groundwater: a vulnerable resource

2.3.1. Environmental pressure on groundwater and surface water is growing throughout the European Union.

2.3.2. 'The objective of sustainability should be implemented through an integrated approach, which means that groundwater and surface water should be managed as a whole, paying equal attention to both quantity and quality aspects`, and bearing in mind specific regional problems.

2.3.3. Community policy on groundwater has suffered from a lack of both planning and specific instruments for enabling concerted action throughout the Community.

2.3.4. There is an urgent need for the European Environment Agency's topic centre for water to step up its data compilation activity and its efforts to develop standard terminology and to establish a basic hydrographic and hydrological data base in collaboration with the authorities of the Member States. In addition, the various sources of pollution that affect the quality of water resources need to be catalogued and quantified, right down to local level.

2.3.5. The amounts of fresh water available and an objective and rational approach to its abstraction should be evaluated scientifically, i.e. on the basis of recognized scientific measurements.

2.4. Management

2.4.1. The Committee notes that the action programme has been drafted with a view to ensuring compatibility with the river basin management approach and with overall Community policy on water management presented in the 'Communication on European Community water policy` ().

2.5. Environmental monitoring

2.5.1. The Commission proposal states that the environmental situation of groundwater will be closely monitored and evaluated by the European Environment Agency as part of its environmental responsibilities, in line with its terms of reference.

2.5.2. However, primary responsibility remains with the Member States, whose role is to provide the data. Since the Agency has no power to monitor the implementation of and compliance with the provisions, it is up to the Commission to insist that Member States fulfil their obligations.

2.6. Finance

2.6.1. For sustainable management of a resource as vital as water, the costs of preventive and protective measures need to be fairly distributed, giving due regard to the polluter-pays principle and implementing legal instruments aimed at dissuasion. It goes without saying that the cost of the programmes must not retard the attainment of their objectives. Arrangements for pooling experience would help limit costs and move the process forwards.

2.6.2. Part of each Member State's funding for this preventive policy could be obtained through variable water rate charging arrangements.

2.6.3. It goes without saying that financial support from the Cohesion Fund should be considered [Article 130s (5)] if measures impose disproportionate costs on some Member States; however, this should only be used as a last resort, taking into account that the polluter pays principle should apply.

3. The four aspects of the action programme

3.1. Planning and management

3.1.1. Planning and management require in the first instance an inventory of groundwater reserves and a quantitative and qualitative assessment of sources of pollution, as well as clear proposals by Member States for measures to avoid pollution and waste, bearing in mind regional characteristics.

3.1.2. It would be useful to classify water uses on the basis of their different characteristics at source (ease of treatment as drinking water, etc.).

3.1.3. It should be noted that urban and industrial development and also, sometimes, land consolidation result in reductions in infiltration, hence limiting the replenishment capacity of water tables precisely where there is the greatest need for groundwater. Measures need to be taken to reduce the impermeability of ground surfaces in suburban areas and to prevent the compaction of soil on agricultural land.

3.1.4. There is also an urgent need to limit abstraction at most to the effective replenishment capacity of water tables, and to encourage rational use and recycling of water, or better still the successive reuse of waste water, which would bring with it water economy measures (e.g. spraying, watering).

3.1.5. In the case of third countries preparing for EU membership, existing provisions for water tables shared by two or more countries, such as the Helsinki Convention on the protection and use of transboundary watercourses and international lakes (), should be backed up by cooperation measures designed to bring those countries into line with European quality standards.

3.2. Abstraction of fresh water

3.2.1. Some artesian reserves of fresh water in coastal areas are lost into the sea before they can be exploited. On the other hand, in countries where groundwater has to be extracted close to the coast, over-exploitation should be avoided in order to prevent salinization of precious reserves of fresh water.

3.2.2. Similarly, attention should be paid to the protection of unpolluted groundwater and to opportunities for its direct exploitation in the most appropriate form.

3.3. Pollution from diffuse sources

3.3.1. Diffuse sources of pollution should be considered from a practical angle:

- industrial processes and clean technologies;

- farming methods and direct drainage;

- management of urban waste and leachates;

- atmospheric pollution and acid rain;

- pollution from household waste and discharges into surface water;

- traffic pollution and surface drainage;

- pollution from sewer leakage.

3.3.2. Attention should also be paid to the rehabilitation of land contaminated by historical or accidental pollution; a Community reference framework is required to cover responsibility and the funding of measures, taking due account of the polluter-pays principle where appropriate.

3.3.3. Thus everything is interconnected. Water management is not independent of human activities or the constraints imposed by nature. These aspects need to be integrated into planning and management in order to ensure the preservation of this resource on a sustainable basis.

3.4. Towards sustainability in agriculture

3.4.1. For its part, agriculture must re-examine its future through a policy geared towards gradual long-term change: afforestation of some land, set-aside and agro-environmental measures, aimed at better environmental protection. All this should be carried out in conjunction with the CAP (common agricultural policy) reforms and the relevant existing or planned funding measures.

3.4.2. The effects on underlying groundwater should be taken into account along with agricultural considerations when soil use is assessed. Good soil protection practices are needed to preserve water table quality. Since preservation of groundwater quality depends inter alia on the condition and treatment of soil, it is necessary to formulate a comprehensive blueprint for soil protection.

3.4.3. The European Union should ensure that its directives are applied in such a way as to guarantee the protection of groundwater through the implementation of an agricultural code of conduct incorporating adequate measures with regard to nitrates, phosphates, plant protection and biocidal products, waste, etc.

3.4.4. The Committee notes with concern that the Commission's annual report (1995) () points out that several Member States have failed to notify the measures taken to implement Directive 91/676/EEC on nitrates, and calls on the Commission to examine the causes of the difficulties encountered.

4. Specific comments

4.1. The use of sewage sludge

4.1.1. Returning nutrient-rich sewage sludge to the natural cycle as agricultural fertilizer is correct only if, in both the long- and the short-term, it does not lead to the accumulation of heavy metals and toxic substances in agricultural soil. Adequate steps should be taken to minimize the introduction of toxins in sewage treatment plants. The use of sewage sludge should not be allowed to result in groundwater pollution by nutrients or toxins; this can only be ensured through mandatory official monitoring. The Commission is asked to draw up a proposal for new quality standards and clarify the open question of liability for long-term soil damage.

4.2. Acidification

4.2.1. Acidification of soil and groundwater should be avoided through the imposition of stricter limits on atmospheric emissions of the products that cause it.

5. Conclusions

5.1. A water policy seems to have become essential for the next century. It is undoubtedly a sensitive issue with many interested parties at all levels.

5.2. The ESC has previously issued a number of opinions which are far from redundant. Their recommendations should not be forgotten ().

5.3. As environmental knowledge grows, the first aim should be to establish the conditions under which European agriculture can develop and fulfil its role - in an appropriate economic climate - in preserving environmental quality.

5.4. Furthermore, ground water management has to be considered within the overall socio-economic context, and, obviously, within the context of the whole water cycle. The supply of good quality water must not be allowed to become a rare luxury. Its fair distribution has already become a problem in some areas.

6. Recommendations

6.1. In conclusion, the Committee recommends that:

- the action plan be incorporated into the framework directive on water resources and that respective levels of responsibility be clearly defined, bearing in mind the recommendations made in the ESC opinion on the Communication on European Community water policy;

- information and data compilation systems be developed under the guidance of the European Environment Agency;

- back-up measures, specially geared to informing and educating the public and training administrative officers and economic operators (particularly farmers and consumers), be provided for;

- an assessment of Member States' progress and achievements be carried out by 2000, and in the meantime, they should report regularly in order to facilitate the pooling of experience.

Brussels, 29 January 1997.

The President of the Economic and Social Committee

Tom JENKINS

() OJ No C 355, 25. 11. 1996, p. 1.

() 1) Fifth Community action plan on the environment, OJ No C 138, 17. 5. 1993 - ESC opinion, OJ No C 287, 4. 11. 1992.

2) Review of the fifth action programme, OJ No C 140, 11. 5. 1996 - ESC Opinion, OJ No C 212, 22. 7. 1996.

() COM(96) 59 final - OJ No C 30, 30. 1. 1997, p. 5.

() Point 6.2 of the ESC Opinion on European Community water policy, OJ No C 30, 30. 1. 1997, p. 5.

() Implementing Community environment policy, COM(96) 500 final.

() ESC Opinion on the Green Paper on Remedying environmental damage, OJ No C 133, 16. 5. 1994

() OJ No C 303, 14. 10. 1996, p. 52.

() See footnote 3, p. 34.

() OJ No C 186, 5. 8. 1995 - ESC opinion OJ No C 34, 2. 2. 1994.

() See footnote 4, p. 35.

() 1) Municipal waste water treatment, OJ No C 168, 10. 7. 1990.

2) Quality of bathing water, OJ No C 393, 31. 12. 1994.

3) Ecological quality of water, OJ No C 397, 31. 12. 1994.

4) Exploitation of mineral waters, OJ No C 110, 2. 5. 1995.

5) Water intended for human consumption, OJ No C 82, 19. 3. 1996.

6) Community water policy, OJ No C 30, 30. 1. 1997, p. 5.