WRITTEN QUESTION E-1894/97 by Amedeo Amadeo (NI) to the Commission (4 June 1997)

Subject: Integrated groundwater protection and management

The Commission 'Proposal for a European Parliament and Council Decision on an action programme for integrated groundwater protection and management' (COM(96) 0315 final - 96/0181 COD) ((OJ C 355, 25.11.1996, p. 1. ))

sets out an action programme comprising four main lines of action: planning and management of groundwater protection, creating a regulatory framework for fresh water abstraction, development of instruments for control of groundwater pollution from diffuse sources and development of instruments for control of point source emissions and discharges.

Where groundwater pollution from diffuse sources is concerned, will the Commission pay particular attention to cleaning up soil contaminated by long-standing or accidental pollution, bearing in mind that a Community frame of reference is needed concerning responsibilities and the financing of the measures?

Will the Commission turn its attention to the fact that many Member States have failed to announce measures to transpose Directive 91/676/EEC ((OJ L 375, 31.12.1991, p. 1. )) on nitrates? Will it also impose official controls on the substances contained in recycled sewage sludge and consider the advisability of imposing more stringent limit values on atmospheric emissions of substances which contribute to acidification?

Answer given by Mrs Bjerregaard on behalf of the Commission (8 July 1997)

The objective of the proposal for a Parliament and Council decision on an action programme for integrated groundwater protection and management is to ensure that protection and use of groundwater takes place as part of an integrated management of fresh water resources and that groundwaters on a long term basis will be managed with surface waters within a river basin management approach.

In February 1997 the Commission adopted a proposal for a Council directive establishing a framework for Community action in the field of water policy ((COM(97) 49 final. )) which lays down the basic principles for integrated protection and use of groundwaters and surface waters within such a river basin management approach. Whilst part of the actions presented in the proposed groundwater action programme may be pursued through a variety of instruments, some may be strengthened through appropriate legal provisions. The proposed water framework directive is intended as a framework within which inter alia the protection and sustainable use of groundwater may be ensured through such legal provisions.

Civil liability for damage caused to soil and groundwater by pollution is not addressed in the proposed groundwater action programme. Appropriate Community action on this particular question is considered in a white paper being prepared by the Commission for presentation by early 1998. However, the proposed groundwater action programme requests Member States to take appropriate action towards contaminated groundwaters to ensure containment of such contaminated groundwaters in order to prevent further contamination, and where appropriate to restore such groundwaters.

Contamination of groundwaters may arise from a variety of point and diffuse sources. The proposed groundwater action programme requests the identification of such potential sources. Control of point source pollution has improved considerably through the adoption of Community environment legislation, while diffuse source pollution still calls for better control. The Honourable Member identifies the diffuse sources of nitrates from agricultural use, dangerous substances contained in recycled sewage sludge and acid precipitation. Nitrates pollution from agriculture is regulated through Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources ((OJ L 375, 31.12.1991. )). Unfortunately, not all Member States have implemented this Directive fully and the Commission is pursuing this lack of implementation through appropriate action including action under Article 169 of the EC Treaty. Control of dangerous substances in sewage sludge is regulated through Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture ((OJ L 181, 4.7.1986. )). Acidification due to atmospheric deposition is addressed through a number of Council directives primarily addressing sources of air pollution, inter alia nitrogen oxides and sulphur oxides emitted from combustion plants, car emissions and incineration of hazardous waste. The basic principles of a common strategy towards air pollution are defined in Council Directive 96/62/EC of 27 September 1996 on ambient air quality assessment and management ((OJ L 296, 21.11.1996. )). As a follow up to this, the Commission adopted a communication to the Council and the Parliament in March 1997 presenting a strategy towards acidification ((COM(97) 88 final. )).