Proposal for a EUROPEAN PARLIAMENT AND COUNCIL DECISION on an action programme for integrated groundwater protection and management
Date: 1996-07-10
Institutions: European Commission
Subjects: action programme, environmental protection, groundwater, water management, water resources

COMMISSION OF THE EUROPEAN  COMMUNITIES 

Brussels,  10.07.1996 
COM(96)  315  final 

96/0181  (COD) 

Proposal  for  a 
EUROPEAN  PARLIAMENT  AND  COUNCIL  DECISION 

on  an  action  programme  for  integrated  groundwater 
protection  and  management 

(presented  by  the  Commission) 

EXPLANATORY  MEMORANDUM 

BACKGROUND  FOR  THE  PROPOSAL 

Groundwater  is  a vulnerable  resource  under  environmental  pressure 

The  environmental  pressure  on  groundwaters  and  surface  waters  is  growing  across  the 
Community  both  qualitatively  and  quantitatively.  Results  of  national  monitoring  show  a 
serious  decline  in  groundwater  levels  and  quality  locally  as  well  as  more  broadly  in  the 
Community,  threatening  drinking  water  quality  and  supply  of  fresh  water  for  other  human 
uses,  as well  as for  sustaining  aquatic  and  other  ecosystems  and vegetation  cover  in general. 

Although  patchy  and  incomplete,  the  results  of  the  monitoring  indicate  an  increasingly 
worsened  situation  calling for  a much  improved  general  overview  of the  situation  and for  an 
early  and  determined  response  in  order  to  redirect  trends.  Once  overexploited  or  polluted, 
groundwater  may  require  long time to regain  high  quality.  Depending  on the geological  and 
geographical  circumstances  replenishment  of  groundwater  reservoirs  may  take  decades. 

An  estimated  average  of  65% of  public  water  supply  comes  from  groundwater  sources  but 
dependence  on  groundwater  varies  across  the  Community.  Some  regions  rely  almost 
exclusively  on groundwater  for  their  fresh  water  supply  while other  regions  draw their  fresh 
water  mainly  from  surface  water.  In  certain  regions  increased  demand  for  fresh  water 
resources  has  lead  to  serious  overexploitation  of  groundwater,  sometimes  aggravated  further 
by  periods  of  drought  making  it  difficult  to  satisfy  the  growing  need  for  fresh  water 
and  threatening the social-economic  development as well  as ecosystems depending  on supply 
of  clean  and  plentiful  fresh  water.  In  other  regions  early  planning  and  efforts  to  economize 
water  use  show  that  it  is  possible  to  curb  demands  with  both  environmental  and 
economic  advantages. 

in 

the  state  of 

the  Community 

the  environment 

The  1995  report  on 
the 
European  Environment  Agency(1) states on fresh  water quantity:  "In the late  1980s (the latest 
period  for  which  reliable  data  are  available),  total  abstraction  for  all  uses  was  estimated  at 
587  m3/per  capita/per year  ranging  from  156 m3/per  capita/per  year  in Luxembourg  to about 
1000  m3  in  Italy,  the  Netherlands  and  Spain.  Water  abstraction  rates  increased  by  35% 
between  1970 and  1985." On groundwater quality the Agency Report states that the maximum 
concentration  limit for nitrate (50 mg of Nitrate/litre) is exceeded beneath approximately 20% 
of  agricultural  land.  Finds  in  Member  States  show  that  this  trend  is  continuing  upwards. 
For  plant  protection  products  the  Agency  estimates that  the  limit value  is  exceeded  in  more 
than  25% of  agricultural  land  in  the  EU/EFTA  area.  The  types  of  plant  protection  products 
are  not  specified. 

from 

Calls  for  Community  action 

The  need  for  action  in  order  to  avoid  long  term  deterioration  of  fresh  water  quantity  and 
quality  was  recognized  by  the  Ministerial  Seminar  on  groundwater  held  at  the  Hague  on 
26/27  November  1991. In  the  words  of  the  Hague  declaration:  "establish  a  programme  of 
actions  to  be  implemented  by  the  year  2000  at  national  and  Community  level  aiming  at 
sustainable  management  and  protection  of  fresh  water  resources". 

(1)  Report  on  "Environment  in  the  European  Union  -  1995' 
European  Environment  Agency,  Copenhagen,  1995. 

The Hague Declaration(2) stressed  that  "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;  that  all 
interactions  with  soil  and  atmosphere  should  be  duly  taken  into  account;  and  that  water 
management  policies should  be integrated  within the wider environmental  framework  as well 
as  with  other  policies  dealing  with  human  activities  such  as  agriculture,  industry,  energy, 
transport  and  tourism." 

The  Council  in  its  resolutions  of  25  February  1992(3)  and  20  February  1995(4)  called  for 
Community  action  and  requested  that  a  detailed  action  programme  be  drawn  up  for 
comprehensive  protection  and  management  of  groundwater  as  part  of  an  overall  policy  on 
water  protection. 

Updating  Community  water  policy 

Community  groundwater  policy  has  suffered  from  a  lack  of  overall  planning  and  a  lack  of 
specific instruments which could ensure concerted action across the Community. The directive 
on groundwater  protection(5) from  1980 rather  narrowly  has its focus  on control  of  emissions 
of substances from  industrial  and urban sources while provisions for control of diffuse  sources 
from  agriculture, 
to 
Community  environment  legislation.  Notable  also  has  been  the  absence  of  provisions  on 
groundwater  quantity  and  abstraction  of  fresh  water  in  the  water  policy. 

forestry  and  other  sources  only 

recently  have  been  added 

The Commission  on the 21 February  adopted  a Communication  on European  Water Policy(6) 
as part  of the further  development  of a Community  policy  for  protection  and  management  of 
fresh  water  resources.  Having  analyzed  existing  Community  legislation  the  Communication 
outlines  the  structure  of  a  future  Framework  Directive  on  Water  Resources  which  should 
ensure  overall  consistence  and  greater  transparency  of  Community  Water  Policy.  A  main 
feature  of  this  future  Framework  Directive  will  be  a  requirement  for  planning  and 
management  with  a focus  on  the  river  basin,  thus  ensuring  that water  belonging  to the  same 
ecological  and  hydrological  system  is managed  as a whole,  whether  such  water  is present  as 
groundwater  or  surface  water. 

Environmental  objectives  to  be  pursued 

The  groundwater  action  programme  has  been  drafted  within  the  context  of  this  overall 
Community  policy  on water and in particular with a view to compatibility with the river basin 
management  approach.  The groundwater  action  programme  has its focus  on the quantity  and 
quality  of  groundwaters  but  quantitative  and  qualitative  aspects  of  surface  water  have  been 
included  where  relevant  in  order  to  ensure  coherence  in  the  management  approach. 

The  action  programme  follows  the  objectives  set  out  by  the  Council  in  its  resolutions 
emphasizing  the  need  for:  "(1)  Licensing  systems  and  other  instruments  providing  an 
appropriate  national  management  of  groundwater,  (2)  Measures  to  provide  for  preventive, 
comprehensive  groundwater 
sources, 
(3)  General  provisions for the safety  of installations handling substances harmful  to water, and 
consistent  with 
provisions 
(4)  General 
groundwater  protection." 

in  view  of  diffuse 

. protection, 

agricultural 

inter  alia, 

practices 

promote 

to 

(2)  Declaration  at  the  Ministerial  Seminar  on  groundwater  held  at  The  Hague  on 

26/27  November  1991. 
(3)  OJNo  C  59,  6.3.1992,  p. 2. 
(4)  O J N oC  49,  28 2.1995,  p.  1. 
(5)  OJ  NoL  20,  26.1.1980. 

(6) 

COM(96)  59  final,  21.2.1996. 

Community  competence 

The  action  programme  aims  to  meet  the  requirements  of  Article  130r  of  the  Treaty  on 
European Union, aiming at a high level of protection based on the precautionary  principle and 
the  principles  of  prevention,  rectification  at  source  and  that  the  polluter  should  pay. 
Integration  of  environmental  protection  requirements  into  other  Community  policies  also  is 
essential  for  the  success  of  the  action  programme. 

Building  on the principles  for  environment  policy  set out in  Article  130r, on the  principle  of 
subsidiarity  set out in Article 3b, and combined  with  a wider concept  of shared  responsibility 
as presented  in the Fifth  Environment  Programme  "Towards  SustainabilityM(7), the success of 
the action programme relies on action  at Community  level, at Member  States and local  levels 
as well  as  on  action  by  other  appropriate  actors  of  a private  and  public  character. 

Subsidiarity  and  Member  States  responsibility 

The  action  programme  is  intended  as  a  framework  within  which  Member  States  and  the 
Community  in  close  cooperation  should  develop  the  basis  for  a  sustainable  groundwater 
protection  and  management.  The  framework  offers  a  frame  of  reference  for  focusing  and 
targeting  of  actions,  and  provides  a forum  and  mechanisms  for  exchange  of  information  and 
experience  which  should  facilitate  concerted  action  by  Member  States  and  the  Community. 

As  a  response  to  the  call  for  greater  emphasis  on  the  principle  of  subsidiarity  the  action 
programme  has  been  drafted  with  a view  to  securing  that  action  should  be taken  as close  as 
possible to  and  taking  full  account  of the  actual  conditions  under  which  water  is being  used 
or  affected.  In  line  with  this,  priority  has  been  given  to  action  within  the  responsibility  of 
Member  States, with the Community  providing common  principles and an overall  framework 
for  action.  A  main  feature  of  the  action  programme  is  the  drawing  up  of  specific  national 
programmes  which  will  be  the  responsibility  of  Member  States  acting  according  to  their 
particular  national,  regional,  and  local  conditions  and  needs. 

For the sake of coherence and increased transparency  the action programme contains measures 
and  initiatives  following  from  existing  and  future  Community  legislation,  as  well  as 
recommendations  for  further-going  action.  Actions  in  this  programme  going  beyond  legal 
obligations  should be seen as options for  Member  States to be pursued  as appropriate by way 
of  legislation  or  other  measures  such  as  administrative  rules,  voluntary  agreements,  etc.  at 
national  level. 

Community  water  policy  and  groundwater  management 

The  action  programme  has been  drafted  with  a view  to  ensure  compatibility  with  the  river 
basin  management  approach  and  the  overall  Community  policy  on  water  management 
presented in the recently adopted  Communication on European Water Policy. The programme 
has  its  focus  on  the  quality  and  quantity  of  groundwaters,  but  quantitative  and  qualitative 
aspects  of  surface  water  protection  and  management  have  been  included  where  relevant  for 
ensuring  coherence  in  management  approach.  Some  actions  in  the  programme  will  in  the 
future  be  supported  by  provisions  in  the  future  Framework  Directive  on  Water  Resources 
whose  main  feature  will  be  a  requirement  that  water  management  and  planning  be  done  on 
a  river  basin  basis-  Potential  links  to  the  future  Framework  Directive  have  been  indicated 
where  relevant. 

(7)  OJ  No  C  138,  17.5.1993. 

The  rôle  of  the  Commission 

In order to  ensure  common  water management  principles the  Commission  intends  to present 
the above mentioned  proposal  for a Framework  Directive on Water Resources in which basic 
provisions for  management  of  groundwater  will  be  included.  The Framework  Directive  will 
include  provisions  on  protection  of  groundwater  and  thus  take  over  the  provisions  of  the 
present Groundwater Directive as explained in the Communication  on European Water Policy. 
The Framework Directive will also introduce a requirement  for control  of abstraction  of  fresh 
water. The proposal  for the Framework  Directive on Water Resources will be presented  at the 
end  of  1996. 

The  Commission  will  review  and  where  appropriate  consider  adaptation  of  existing 
Community  legislation  in  line with  the  objectives  of  this  action  programme. 

The  Commission  will  ensure  a  further  integration  of  water  policy  into  other  Community 
policies  where  this  is  necessary  for  fresh  water  protection  and  management.  Areas  such  as 
agriculture  and  regional  development  have  a  profound  impact  as  well  as  dependence  on 
availability  and quality  of groundwater resources and the further  integration into the Common 
Agriculture  Policy  and  the  Regional  Policy  are  particularly  important  for  achieving  the 
objective  of  sustainable fresh  water  protection  and management.  Following  from  the  general 
outline  set  out  by  the  Fifth  Environment  Programme,  "Towards  Sustainability",  and  further 
specified  in the recent  Commission  proposal  for  a Review  of the Fifth  Action  Programme(8), 
the  Commission  will  pursue  the  further  integration  of  water  policy  into  other  Community 
policies  where  this  is  necessary  for  fresh  water  protection  and  management.  A  number  of 
options  for  such  integration  in  particular  into  agriculture  policy  to  be  considered  by  the 
Commission  are  presented  in  this  action  programme.  The  importance  of  research  and 
development  to  water  management  and  protection  has  been  recognized  by  the  Community 
research programme "Environment and Climate  1994-1998", which devotes one of its research 
areas to improvement  and rationalisation  of the future  management  of water resources. In the 
proposed guidelines for the fifth  framework  programme the Commission  stresses the necessity 
of  having  a  better  understanding  of  environmental  mechanisms  and  of  acquiring  advanced 
technologies  in  order  to  ensure the protection  and  management  of  water  resources.  The  task 
force  "Environment-Water"  set  up  recently  will  identify  priorities  on  this  matter. 

Progress  with  implementation  of  Community  water  legislation  will  be  followed  closely, 
notably  with  the  Directive  on  Nitrates(9)  from  diffuse  sources  and  the  Urban  Waste  Water 
Treatment  Directive(10),  in  order  to  secure  their  full  implementation  and  functioning.  Where 
relevant the Commission  may present proposals for any  necessary adjustment  or development 
of the  relevant  instruments  of  a legislative  or  other  nature. 

The  Commission  in  close  cooperation  with  Member  States  will  undertake  the  development 
and  use  of  economic  instruments,  voluntary  agreements  and  other  non-legal  instruments  as 
well  as  research  and  development  of  less  water  consuming  technologies  and  practices  and 
inter  alia  for  mapping,  monitoring,  and  definition  of  groundwater 
various  research 
vulnerability. 

The  Commission  will  serve  as  a  focal  point  for  the  development  of  guidelines  and 
recommendations  e.g.  for  drawing  up  codes  of  good  practices  and  assisting  in  the  exchange 
of  information  and -experience  as  appropriate. 

(8)  COM(95)  647  final,  3.4.1996,  p. 2.. 
(9)  O J N oL  375, 31.12.1991. 
(10)  OJ  NoL  135,  21.5.1991 

Tasks  for  the  European  Environment  Agency  and  EUROSTAT 

state  of  groundwater 

The  environmental 
the 
European  Environment  Agency  as  part  of  the  major  responsibility  which  has  already  been 
given  to  the  Agency  for  coordination  of  monitoring  programmes,  of  assessing  data  and 
information  derived  from  these  programmes  and  drawing  up  reports  on  the  status  and 
development  in the groundwater  situation in the Community  as well  as on the progress of the 
national  groundwater  action programmes. This task  should be performed  in close cooperation 
with  Member  States  and  the  Commission,  including  Eurostat. 

closely  by 

should  be 

followed 

Public  participation 

Public  involvement  and  awareness  of  the  action  programme  as  well  as  education  and 
training  schemes  should  be  ensured,  in  particular  when  Member  States  draw  up  national 
action programmes. Consumption of water and maintenance and improvement of water quality 
depends on the behaviour  of the individual  as well  as on traditions  and practices of water use 
in  the  industrial  and  agricultural  sectors,  in  leisure  and  tourism  etc.  Consequently,  active 
involvement  of the public and of.social  partners  such  as sectoral  organizations  from  industry 
and  agriculture  is  essential  for  the  success  of  the  programme. 

Building  on  action  already  taken 

Member  States to a varying  degree have taken  initiatives to protect groundwater  resources in 
line  with  the  declaration  of  the  Hague  Ministerial  Seminar  in  1991. A  few  Member  States 
have drawn  up  plans  for  long term  protection  of groundwater  for  parts  or the whole  of  their 
territory.  The task of mapping and characterizing groundwaters has been  started or continued. 
Development of methods for mapping and characterization of vulnerable groundwater in Spain 
and  Portugal  has  been  funded  by  the  Community  and  experience  may  be  exploited  by  other 
Member  States  through  this  action  programme.  Capacity  for  monitoring  for  a  number  of 
parameters,  including  nitrates  and  plant  protection  products  have been  scaled  up  or  initiated 
although  a recent  study(11)  shows that  most  Member  States  still  have  insufficient  monitoring 
capacity  making  planning  for  water  protection  difficult. 

Notwithstanding  the  efforts  made  by  Member  States,  groundwater  protection  based  on  an 
integrated  strategy 
target  for  most  Member  States,  and  control  of 
eutrophication  is  still  strongly  needed  with  implementation  of  the  Directive  concerning 
protection  of  waters  against  pollution  caused  by  nitrates  from  agricultural  sources  lagging 
behind  in  most  Member  States being  an  unfortunately  outstanding  example. 

is  still  a  future 

Benefits  of  the  programme 

Benefits  will be partly  of a qualitative, partly  of a quantitative nature. First of all, a stable and 
sufficient  supply  of  high  quality  fresh  water  from  groundwater  for  domestic  as  well  as  for 
industrial  and  other  uses  is  an  asset  in  its  own  right.  Further,  use  of  sound  instruments  for 
management  of  water  resources  should  lead  to  fewer  conflicts  of  interest  between  users  in 
situations  where  water  resources  are  not  sufficient.  Also,  expensive  investment  in  heavy 
infrastructure  to  secure  supply  of  water  may  be  reduced  or  avoided.  Securing  high  quality 
groundwater should reduce costs for treatment and purification  where particularly  high quality 
is required  e.g.  for  domestic and certain  industrial  uses.  Thus, substantial  costs for  achieving 
drinking  water  standards  or other  requirements  for  high  quality  fresh  water  e.g. by  removing 
nitrates,  plant  protection  products,  and  other  chemical  substances  may  be  avoided. 

(11)  LNEC  report  on  the  Costs  of  Groundwater  Inspection  in  the  Member  States 

Contract  B4-3040/95/000345/MAR/D1,  Lisbon,  March  1996. 

Costs  of  the  programme 

The costs  of the  programme  may  be broken  down  into  several  categories,  as, for  the  sake of 
coherence,  the  programme  includes  measures  that  follow  or  should  have  followed  already 
from  existing  Community  legislation.  Examples  are  treatment  of  waste  water,  control  of 
nitrates,  and  environmental  impact assessment.  Costs for  such measures technically  speaking 
are  not  incurred  by  this  programme.  Other  costs  follow  from  legislation  currently  being 
negotiated,  in  particular  the  directives  on  integrated  pollution  prevention  and  control(12\ 
drinking water quality(13), landfills(14) and the future Framework Directive on Water Resources. 
Finally,  costs will  follow  from  additional  actions  recommended  by  this  action  programme. 

Costs  will  vary  from  Member  State to  Member  State  depending  on  national  conditions  and 
on  the  degree  to  which  Member  States  pursue  options  going  beyond  legal  obligations.  Of 
importance  also  is  the  degree  to  which  Member  States  have  already  implemented  the 
measures  prescribed  in  existing  legislation. 

Preventive  action  and  integrated  planning  are  strongly  emphasized,  which  may  require 
strengthening of administrative procedures. Costs of such strengthening are difficult  to  specify 
as  they  depend  on  the  actual  need  for  adjustment  of  structure  and  performance  of  existing 
administrative  systems  ,  incentive  measures  and  educational  programmes  e.g.  in  the 
agricultural  sector,  as  well  as  on  benefits  gained  from  the  development  of  more  rational 
systems  avoiding  overlapping  and  duplication. 

Mapping,  monitoring,  and  establishing  inventories  of  present  and  potential  pollution  are 
indispensable  tools  for  sustainable  management  and  they  are  a  fundamental  part  of  the 
programme.  A  substantial  part  of  the  costs,  including  basic  costs  for  infrastructure  for 
monitoring  already  follows  from  obligations  in  existing  legislation  for  diffuse  sources  such 
as nitrates  and  from  drinking  water  legislation.  Preliminary  results  from  a  study  on  cost  for 
establishing  and  running  a  groundwater  monitoring  network  indicate  that  a  number  of 
Member  States  are  far  from  having  established  an  appropriate  monitoring  capacity  required 
to  comply  with  existing  legislation.  Costs  will  depend  on  choice  of  parameters,  the  number 
and  frequency  of  sampling  and  analysis,  and  on  possible  extension  of  the  monitored  area. 
Experience in some Member  States shows that running costs per unit of sampling and analysis 
will  decrease  considerably  with  scale. 

The  study  shows that  costs for  existing  monitoring  of groundwater  quantity  amount  to  some 
ECU  2  533  000 while costs of monitoring  groundwater  quality  amount  to ECU  14 454  000. 
These  figures  have  to  be  taken  with  a  considerable  amount  of  caution  as  they  cover  only 
some  Member  States.  It  should  be  noted  in  particular  that  large  Member  States  such  as 
Germany,  France,  UK  and  Italy  have  not  provided  information.  It  should  be  noted  also  that 
most  of  the  Member  States  presently  monitor  for  a rather  limited  number  of  parameters. 

Follow  up  on  costs  and  benefits 

More  precise  assessment  of  costs  will  be  possible  as  Member  States  choose  and  prepare 
concrete actions and begin  implementing the programme. Member  States and the Community 
should follow  closely the development of costs, savings and benefits.  Appropriate assessment, 
including risks involved, costs of implementation, and benefits gained, providing the necessary 
background  for  decision making therefore  must be an element of the implementation  process. 
Relevant  user  groups  should  be  involved  in  order  to  ensure  a thorough  analysis. 

It is clear though,  that the costs of not acting will be  substantial,  and that the importance and 
basic necessity  of having access to sufficient  quantities of high  quality fresh  water both in the 
near  future  and  in  a longer  term  perspective  in  itself  calls  for  a determined  and  early  action 
based  on  the  lines  of  this  groundwater  action  programme. 

(12)  O J N oC  311,  17.11.1993. 
(13)  OJ No  L  299,  30.8.1980. 

(14) 

COM(91)  102,  22.5.1991, amended  by  COM(93)  275,  10.6.1993. 

Proposal  for  a 
EUROPEAN  PARLIAMENT  AND  COUNCIL  DECISION 

on  an  action  programme  for  integrated  groundwater 
protection  and  management 

The  European  Parliament  and  the  Council  of the European  Union, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article  130s(3)  thereof; 

Having  regard  to  the  proposal  from  the  Commission; 

Having  regard  to the  opinion  of  the Economic  and  Social  Committee; 

Acting  in  accordance  with  the  procedure  referred  to  in  Article  189b  of  the  Treaty; 

Whereas  the  declaration  of  the  Ministerial  Seminar  on  groundwater  held  at  the  Hague  on 
26-27 November  1991 recognized the need for action in order to avoid long-term  deterioration 
of fresh  water quantity and quality  and called for the establishment of a programme of actions 
to be  implemented  by the year  2000  at  national  and  Community  level  aiming  at  sustainable 
management  and  protection  of  fresh  water  resources; 

Whereas  the  Council  in  its  resolutions  of  25  February  1992(1)  and  20  February  1995(2) 
requested  that  a  detailed  action  programme  be  drawn  up  for  comprehensive  protection  and 
management  of  groundwater  as  part  of  an  overall  policy  on  water  protection; 

Whereas  the  Council  emphasized  the  need  for  licensing  systems  and  other  instruments 
providing  an  appropriate  national  management  of  groundwater,  measures  to  provide  for 
preventive,  comprehensive  groundwater  protection,  inter  alia,  in  view  of  diffuse  sources, 
general  provisions  for  the  safety  of  installations  handling  substances  harmful  to  water,  and 
general  provisions  to  promote  agricultural  practices  consistent  with  groundwater  protection; 

Whereas  on  10 November  1995  the  European  Environment  Agency  presented  an  updated 
State  of 
to  protect 
groundwater  resources; 

the  Environment  Report(3)  confirming 

for  action 

the  need 

Whereas  on  21  February  1996  the  Commission  adopted  a  Communication 
the 
European  Parliament and the Council  on "European Community Water Policy"(4); whereas the 
Commission will further  develop its policy in relation to water management  in a proposal  for 
a  framework  directive  on  water  resources  to  ensure  coherence  and  transparency  for 
management  of  water  in  the  Community; 

to 

Whereas further  integration  of  sustainable water management  into other  Community  policies 
and  in  particular  into agriculture  policy  and regional  policy  is necessary;  whereas  this  action 
programme identifies a number of options which should be explored; whereas such integration 
should  follow  the  objectives  set  out  in  the  Commission  proposal  for  a  Decision  of  the 
European Parliament  and the Council  on the review of the European  Community  Programme 

(1)  O J N oC  59,  6.3:1992,  p.  2. 
(2)  O J N o C 4 9,  28.2.1995,  p. 1 

(3) 

(4) 

Report on "Environment in the European Union - 1995", European Environment Agency, 
Copenhagen,  1995. 
COM(96)  59  final. 

of  policy  and  action 
"Towards  Sustainability"(5); 

in  relation 

to  the  environment  and  sustainable  development 

Whereas this action  programme  recognizes the importance  of protection  of all  groundwaters; 
whereas a particular  priority  should be given to protection  of groundwaters  in the countryside 
where  the  largest  quantities  of  high  quality  groundwater  are  formed  and  found; 

Whereas  the  Community  should  provide  common  principles  and  the  overall  framework  for 
action; whereas the Community  should facilitate exchange of information  and experience with 
groundwater  management  and  protection  measures  undertaken  at  national,  regional  and 
local  level; 

Whereas  there  are  diverse  conditions  and  needs  existing  in  the  Community  which  require 
different  specific  solutions;  whereas  this  diversity  must  be  taken  into  account  in  the  action 
envisaged;  whereas decisions should  be  taken  as close  as possible to situations where water 
is being used  or affected;  whereas  priority  has been  given  to  action within  the  responsibility 
of Member  States through  specific  national  action  programmes  drawn  up by Member  States; 

Whereas the success of this action programme relies on close cooperation  and coherent  action 
at  Community  level,  Member  States  and  local  level  as well  as  on  consultation,  information, 
and  active  involvement  of  social  partners  and  individual  citizens; 

Whereas  in order to  ensure the development  of technologies,  procedures  and  practices which 
consume  less  water,  the  use  of  economic  instruments,  of  voluntary  agreements  and  other 
non-legal  instruments,  of codes of good  practice as well  as of research  should be  encouraged; 

Whereas  by  the  year  2000  national  action  programmes  should  be  fully  drawn  up  and 
functioning  as  part  of  the  implementation  of  ihis  action  programme;  whereas  progress  with 
implementation  of Community  and Member  States action  should be followed  through  regular 
appraisal  and  review; 

Whereas  the  European  Environment  Agency  and  the  Community  Authority  in  charge  of 
statistics  (EUROSTAT), in  close cooperation,  will  report  on developments  in the  state of the 
aquatic  environment; 

Whereas  it  is  necessary  to  ensure  a  better  implementation  and  enforcement  of  existing 
environmental  legislation  for  the  protection  of  fresh  water  and  in  particular  of  groundwater; 

Whereas  it  is  necessary  to  improve  the  basis  for  water  management  policies  in  the  form  of 
reliable  and  comparable  data,  statistics  and  indicators,  and  methods  for  assessment  of  costs 
and  benefits  of  action  or  lack  of  action; 

Whereas  this  Decision  does  not  prejudice  the  legal  basis  of  the  measures  which,  while 
complying  with  the  objectives  pursued  by  the  actions  provided  for  in  this  Decision,  are 
adopted  for  the  implementation  of  the  present  programme  or 
in  the  framework  of  other 
Community  policies, 

(5)  COM(95)  647  final/2. 

HAVE  DECIDED  AS  FOLLOWS: 

Sole  Article 

The European  Parliament  and the Council  agree to the objectives  of an action programme  for 
integrated  groundwater  protection  and  management. 

The objective of the action programme is to ensure protection and use of groundwater through 
integrated  planning  and  sustainable  management  aiming  at  preventing  further  pollution, 
maintaining  the  quality  of  unpolluted  groundwater,  restoring,  where  appropriate,  polluted 
groundwater,  as well  as preventing  the  over-exploitation  of  groundwater  resources. 

The  details  of  the  action  programme  are  contained  in  the  Annex. 

This Decision applies without prejudice to the legal basis of measures which, while complying 
with  the objectives  pursued  by  the  actions provided  for  in this Decision,  are adopted  for  the 
implementation  of the present programme or  in the framework  of other Community  policies. 

Done  at  Brussels, 

For  the  European  Parliament 
The  President 

For  the  Council 
The  President 

10 

ANNEX 

A  GROUNDWATER  ACTION  PROGRAMME  FOR  THE  COMMUNITY 

A  framework  for  the  Community  and  Member  States 

The  action  programme  should  be  seen  as a framework  within  which  Member  States  and  the 
Community  in  close  cooperation  should  develop  the  basis  for  a  sustainable  groundwater 
protection  and  management.  The  programme  should  function  as  a  frame  of  reference  for 
focusing  of  action,  and  as  a  forum  for  exchange  of  information  which  should  facilitate 
concerted  action  by  Member  States  and  the  Community  as  requested  by  the  Council  in  its 
resolutions  of  1992  and  1995. 

The  action  programme  recognises  the  importance  of  protection  of  all  groundwaters  through 
prevention  of further  deterioration  and  depletion  of groundwater  in order to ensure  a reliable 
supply  of  high  quality  fresh  water  in  all  regions  of  the  Community.  The  action  programme 
further  recognises the particular  importance  of protection  of groundwaters  in the countryside 
where  the  largest  quantities  of  high  quality  groundwater  are  found  and  formed.  The 
safeguarding  of such groundwaters of particular importance for the securing of a future  supply 
of high quality  fresh  water constitutes the greatest  challenge for the Community  water policy. 
In order to achieve this target the programme  addresses both  point  sources predominantly  of 
urban  and industrial  origin  and  diffuse  sources originating  mainly  from  agricultural  practices 
or to  a lesser  degree  from  urban  or industrial  activities  e.g.  through  atmospheric  deposition. 

In accordance with the principle of subsidiarity  priority  should be given to action taken  at the 
level  of  Member  States.  In  line  with  this  Member  States  should  draw  up  and  implement 
nationally  adapted  action  programmes 
for  sustainable  groundwater  protection  and 
management.  The.  Community  should  provide common  principles and  an overall  framework 
for  action. 

The  national  action  programmes  outlined  in  this  Decision  should  be  seen  as  instruments 
linking  obligations  and  recommendations  at  the  Community  level  with  instruments  and 
measures established  at the level  of Member  States thus ensuring coherence and transparency 
in  approaches. 

PART  1. THE  FOUR  MAIN  LINES  OF  THE  ACTION  PROGRAMME 

Four  main  lines  of  action 

•  Development of Community  principles for integrated planning and management of water 
protection  and  use  for  application  on  a national  and  subnational  level  with  respect  to a 
long  term  view  of  applying  a  river  basin  management  approach  to  groundwater 
management  in  order  to  ensure  the  quality  and  quantity  of  groundwater. 

• 

Ensuring rules for quantitative maintenance of fresh  water resources, including  a rational 
regulatory  framework  for  fresh  water  abstraction. 

•  Development  of  instruments  for  control  of  groundwater  pollution  from  diffuse  sources, 
including  codes of good  practice,  and  consideration  of longer term  measures for  further 
integration  of  sustainable  water  protection  and  management  and  agriculture  policy. 

•  Development  of  Instruments  for  control  of  point  source  emissions  and  discharges, 
incentives  for  development  of 

including  a  rational 
environmentally  friendly  production  processes  and  procedures. 

framework  and 

regulatory 

11 

These  four  lines  of  action  should  be  supported  by  research  and  development  programmes  at 
the  level  of  the  Community  as  well  as  appropriate  national  initiatives  where  necessary 
e.g.  relating to vulnerability, leaching of pollutants, acidification,  and to further  development 
of methodologies for  assessing critical  loads, management  strategies etc. Monitoring of water 
quality  and quantity  and establishment  of  a thorough  and reliable basis of  information  on the 
state  of  the  aquatic  environment  should  be  seen  as  indispensable  for  the  success  of  the 
national  action  programmes. 

ACTION  LINE  1.  PLANNING  AND  MANAGEMENT  PRINCIPLES 

Objectives  of  integrated  planning  and  management 

The  objective  of integrated  planning  and  management  is to  ensure that protection  and  use of 
takes  place  as  part  of  an  integrated  management  of  fresh  water  resources. 
groundwater 
Groundwater  should  be  seen  as  an  integral  part  of  the  hydrological  cycle  dynamically 
interacting  with  surface  water  in  terms  of  quantity  as  well  as  quality  aspects.  The  objective 
further  is  that  groundwaters  on  a  long  term  basis  will  be  managed  together  with  surface 
waters  within  a  river  basin  management  approach. 

*  A  sustainable  quantity  management  should  secure  the  long  term  availability  of  non-
polluted  groundwater,  to ensure that groundwater  is not  overexploited  in  order to  avoid 
irretrievable  damage  to  aquifers  in  terms  of  quantity  and  quality,  and  to  prevent 
deterioration  or  impoverishment  of  ecosystems  depending  on  presence  of  groundwater. 
As conditions  for  recharge  and  demands for  abstraction  may  vary  considerably  over the 
year  such  limits  could  be  based  on  average  figures  allowing  for  temporary  depletion 
provided  the  achievement  of  the  objective  is  not  compromised.  Suitable  quantity 
management  should  also  where  appropriate  include  replenishment  of  groundwater  to a 
sustainable  level. 

*  A  sustainable  quality  management  should  protect  and  preserve  all  groundwaters,  and 
where  appropriate  improve  the  present  quality  on  a long term  basis.  Actions  to  achieve 
this  should  be  based  on  the  principles  of  prevention,  action  at  source,  and  that  the 
polluter  should  pay.  Protection  of  the  quality  must  aim  at  eliminating  or  minimizing 
direct and indirect  sources of pollution  and  at securing the protective capacity  of the soil 
cover above the groundwater table.  Sustainable  quality  management  should  also include 
restoration  of the quality  of polluted  groundwater  where appropriate taking  into account 
practicability  and  realistic  timescales.  A target  for  restoration  should  as  far  as  possible 
be  drinking  water  standards  or  other  quality  standards  appropriate  for  the  use  of  such 
recovered  water. 

*  Measures  should  be  taken  to  ensure  that  fresh  water  resources,  and  in  particular 
groundwaters  are  protected  and  managed  according  to  a  plan  covering  in  principle  all 
available resources and the interaction between them. Application  inter alia for  domestic, 
industrial  and  agricultural  use,  for  energy  production,  for  recreational  use  should  be 
accounted  for  in this  general  planning.  Planning  and  ensuing  management  plans  should 
secure availability  of sufficient  supplies of fresh  water  for  supporting  streams, lakes and 
wetlands  and  for  sustaining  vegetation  cover  and  other  natural  ecological  functions. 

*  Due  account  should  be  taken  of  the  diversity  of  user  interests  and  activities  affecting 
or potentially  affecting  the quality  and  quantities  of groundwater  and  surface  water,  and 
ecological  functions  depending  on  groundwater. 

* 

Substantial  treatment  to remove polluting  substances  such as nitrate and plant  protection 
products  should  not  be  considered  a general  strategy  for  sustainable  groundwater  man 
agement.  Substantial  treatment to purify  polluted  groundwater in order to meet  standards 
for  water  intended  for  human  consumption  or  other  requirements  should  be  used  only 
where urgent need or specific  situations necessitate this, while treatment  for the ordinary 
situation  should  be  restricted  to  filtering,  aeration,  disinfection  etc. 

12 

Action  at  Member  State  level 

Member  States should review the performance  of the water sector and of existing admin 
istrative  structures  and  legislation  and  where  necessary  the  appropriate  adjustments 
should  be  undertaken  in  particular  with  a  view  to  rationalization  and  avoiding  of 
overlapping and duplication of procedures and rules. Where necessary and as appropriate 
new  structures,  legislation  and  rules  should  be  established. 

Fresh water quantity  and quality  should be appropriately  monitored and assessed in order 
to  provide  information  allowing  Member  States  to  follow  changes  in  groundwater 
quantity  and  in  particular  to  allow  for  early  detection  of  signs  of  and  causes  for 
overexploitation  and  changes 
in  quality.  Establishment  of  national  monitoring 
programmes,  supplemented  as  necessary,  should  make it  possible to follow  closely  and 
react  to unacceptable  changes  in  fresh  water  quantity  and  quality. 

Establishment  of  a  considerable  monitoring  capacity  for  fresh  water  as  required  under 
Council  Directive  91/676/EEC  concerning the protection  of waters  against  pollution by 
nitrates from  agricultural  sources(6) and under Council Directive 91/271/EEC  concerning 
urban  waste  water  treatment(7)  should  be  pursued.  The  future  Framework  Directive  on 
Water  Resources  should  rationalise  monitoring  requirements  of  existing  Community 
legislation while at the same time requiring the establishment  of appropriate  monitoring 
for  the purpose  of  drawing  up  an inventory  of point  and  diffuse  sources  of  pollution  of 
fresh  water. 

Member  States  should  identify  areas  with  groundwater  of  importance  for  present  and 
future  drinking  water  supply  and  for  particular  ecological  functions.  Member  States 
should further  identify  areas where groundwater is particularly  sensitive to pollution  due 
e.g. to particular geological  or climatic conditions, the nature of the soil or to man-made 
influences.  It  is already  a long  standing practice  in Member  States to designate  special 
protection  zones  around  boreholes  used  for  the  abstraction  of  drinking  water, 
within  which,  depending  on  the  distance  to  the  borehole,  all  or  certain  industrial  and 
agricultural  activities  are  banned  or  restricted.  Identification  and  designation  of  zones 
for  the  purpose  of  protection  of  groundwaters  and  surface  waters  are  also 
required  under  existing  Community legislation,/«ter a/za, Council Directive 91/676/EEC 
from 
concerning 
agricultural  sources  and  Council  Directive  91/271/EEC  concerning  urban  waste 
water  treatment.  Further,  designation  of  zones  under  other  Community 
legislation 
the  Conservation  of  Wild  Birds*8)  and 
such  as Council  Directive  79/409  on 
Council  Directive  92/43 on conservation of habitats(9) often  relates to aquatic ecosystems 
depending  on  groundwater  quality  and  quantity. 

the  protection 

of  waters 

pollution 

nitrates 

against 

by 

Designation  of  zones  for  protection  of groundwater  would  benefit  from  a  coordination 
with  designation  for  such  other  purposes.  Choice  of  zoning  designs  and  features  could 
also be  developed  or  adjusted  as appropriate  to  ensure  coherence  in  designation  and  in 
choice  of  measures  such  as restriction  or banning  of  polluting  activities  that  should  be 
taken  in  order  to  ensure  the  necessary  level  of  protection  required  by  the  particular 
characteristics  of these sensitive areas.  Depending on the nature of the sensitivity  of the 
zone  such  measures  could  entail  réstriction  or  banning  as  appropriate  of  urban  and 
industrial  discharges,  use of  manure  and  fertilizers,  of  certain  plant  protection  products 
and  biocidal  products. 

(6) 

(7) 

(8) 

(9) 

O J N oL  375, 31.12.1991. 
O J N oL  135, 21.5.1991. 
O J N oL  103, 25.4.1979. 
O J N oL  206,  22.7.1992. 

13 

*  Member  States  should  review  and  where  appropriate  adjust  and  strengthen  protection 

measures  around  drinking  water  abstraction  points. 

*  Member  States  should  cooperate  closely  on  transboundary  shared  resources  and  on 
potential  transboundary  impacts.  Strategic  spatial  planning  including  comprehensive 
hydrological  plans  and land  use plans  should be  seen  as essential  tools  supporting  fresh 
water  protection  and  management. 

*  Management  of  transboundary  aquifers  should  be  done  through  the  development  of 
transnational  cooperation  wherever  national  plans  may  have  a  significant  impact  on 
neighbouring  countries,  where  appropriate  in  the  context  of  international  conventions 
such  as the  existing  international  convention  on transboundary  lakes and water  courses. 
Such transnational  cooperation in the long term should be ensured through the river basin 
management  principle  to  be  laid  down  in  the  future  Framework  Directive  on 
Water  Resources. 

Action  at  Community  level 

* 

* 

* 

Further  integration  into  important  areas  of Community  policy,  notably  into  agricultural 
and  regional  policies  is  called  for  by  the  clear  signs  of  deterioration  of  groundwater 
quantity  and  quality  shown by  monitoring  in order to meet the objectives  of  integrated 
groundwater protection  and  management.  Such integration into Community  policies on 
a long term perspective should be undertaken at the level of the Community,  and e.g. the 
European  Spatial  Development  Perspective,  to  be  drawn  up  by  mid  1997  should  be 
explored  in this  context. 

The Commission should undertake to  promote such integrated planning and management 
for  projects  and actions affecting  fresh  water resources when  initiated  and/or funded  by 
the  Community. 

The  Commission  should  draw  up  recommendations  for  action  to  be  taken  with  respect 
to developing  instruments  for  planning  and  management,  including  common  principles 
for comparability of mapping and monitoring methods, criteria for identifying  ecological 
ly  sensitive areas needing additional  protection,  zoning  designs,  codes of good  practice. 
Exchange  of  information  and  experience,  and  establishment  of  education,  training 

.  schemes,  and  research  programmes  should  be  encouraged. 

ACTION  LINE  2. ABSTRACTION  OF  FRESH  WATER 

A  rational  regulatory  framework  for  abstraction  of  fresh  water 

Water  abstraction  in  large  urban,  industrial  and  agricultural  areas,  and  tourist  centres  often 
exceeds the natural  recharge of fresh  water. Problems with  quantity  maintenance,  which may 
be  seasonal  or  permanent,  are  particularly  severe  in the  southern  Member  States. 

Overexploitation  may  result  in  lowered  water  tables  causing  supply  problems  for  users  and 
transient  or permanent  depletion  or serious reduction  of water  supply  for  the catchment  areas 
thus  threatening  groundwater  dependent  ecosystems.  In  coastal  and  island  areas  lowering  of 
the  groundwater  table  may  lead  to  sea  water  intrusion  and  salination  of  the  groundwater. 
Lowering  of  the  water  table  may  also  lead  to  mobilisation  by  oxidation  of  hazardous 
substances from  layers hitherto submerged by the groundwater table. Under certain geological 
conditions  lowering  of  the  water  table  may  cause  settlement  of  strata  which  may  cause 
damage  to buildings  and  installations  or  other  consequences  of  land  subsidence. 

Measures  to  compensate  for  lack  of  fresh  water  include  interregional  transfer  of  water  and 
artificial  recharge.  Transfer  of  large  volumes  of  fresh  water  for  use  elsewhere  as  drinking 
water  or  for  irrigation  etc  from  other  areas  may  cause  problems  for  ecosystems  in  the 
abstraction  area or down-stream  on a water course due to draining of the usual water  supply. 
Artificial  recharge  of  groundwater  is  a common  practice  to  manage  (drinking)  water  supply 

14 

in  some  areas  in  Member  States.  Provided  such  artificial  recharge  is  performed  with  water 
of an appropriate quality  and with appropriate monitoring  and the necessary  control^ this may 
be used  as an  economically  feasible  way  to replenish  groundwater  both  in terms  of  quantity 
and  quality  on  a  permanent  basis  or  on  a  shorter  term  in  areas  subject  to  large  seasonal 
variations  in  water  demands  and  natural  recharge  possibilities.  Control  is  essential  to  ensure 
that  no  irretrievable  damage  will  be  caused  to  groundwater  or  to  ecosystems  depending  on 
supply  of  groundwater. 

Objectives 

The  objective  is  to  secure  an  appropriate  quantity  management  of  groundwater  and  surface 
water within the river basin where groundwater  and  surface  water interact with  or depend  on 
each  other based  on  knowledge  of resources  available.  A minimum  groundwater  level  and a 
minimum  flow  of  water  from  groundwater  maintaining  a basic  level  of  water  in  rivers  and 
lakes  to  preserve  ecosystems  should  be  secured.  Heavy  abstraction  leading  to  long  term 
overexploitation  of  groundwater  should  be  avoided. 

The  objective  further  is to  encourage  a policy  aimed  at  fresh  water  saving  in  order  to  keep 
to"encourage 
abstraction  of fresh  water low  and to ensure that appropriate  priority  is given 
water  saving,  reuse,  and  good  housekeeping  of  fresh  water  resources. 

Action  at  Member  State  level 

*  Member  States should draw up maps and inventories of groundwater resources at nation 
al, regional,  and  local  level  providing  basic information  for  the integrated  management. 
Some Member States have already progressed far in mapping, including  computerization, 
while  others  have  only  recently  started  such  work.  Maps  could  be  drawn  up  both  as 
descriptive reference  maps such  as hydrogeological  maps,  and as derivative maps drawn 
up  for  special  purposes  such  as  aquifer  productivity,  vulnerability,  identification  of 
interactions  with  surface  water,  discharge  into  streams  or  lakes  etc. 

*  An authorization  system, where appropriate with general rules, for fresh water abstraction 
should  be  directed  at  all  uses  e.g.  in  domestic,  industrial,  agricultural,  and  leisure 
activities. The  authorization  system  for  fresh  water abstraction  should  apply  to all  major 
abstractions  above  a certain  threshold  taking  into  account  resources  available,  potential 
conflicts  of  interest  between  users,  the  needs  of  ecosystems  etc.  Authorizations  should 
be  reviewed  periodically  and  where  necessary  adjusted.  In  regions  with  large  annual 
precipitation  and  good  availability  of  fresh  water  more  flexible  general  rules  could  be 
appropriate,  provided  safeguards  are taken to avoid that irretrievable  damage  is  inflicted 
on  ecosystems  supplied  by  such  fresh  water. 

*  Where appropriate the authorization system of should cover interregional transfer of large 
volumes  of  water  as the  number  of  potentially  concerned  users  and  resulting  conflicts 
of interest may give rise to particular problems. Further, an appropriate assessment of  the 
environmental  impacts  in the  area  of abstraction  should  be undertaken  in  order  to avoid 
compromising  replenishment  of  groundwater  in  the  area  where  the  water  originates. 

*  Care  should  be  taken  to  ensure  comprehensive  planning  of  use  of  water  from 
hydrographie basins and aquifers  extending across administrative borders, in other words 
through  management  within  a river  basin  perspective.  When  considering  authorizations 
for  water  abstraction  special  attention  should  be  paid  to  the  interests  of  down  stream 
users  and  ecosystems. 

* 

Possibilities  for  encouraging  saving  of water  resources  and  good  house-keeping  should 
be  considered  in  order  to  keep  abstraction  of  fresh  water  low,  especially  in  areas  with 
water  shortage.  This  could  include  recommendations  for  new  practices  for  irrigation, 
renovation of distribution systems to reduce losses, and differentiation  into types of water 
for  different  uses, installation  of  meters,  and use of economic  instruments  such  as  appr 
opriate  pricing  and  fiscal  incentives  to  promote  efficient  use.  Development  of  new 

15 

processes  based  on  the  principles  of  clean  technology  and  best  available  techniques 
should  be  encouraged  as  should  possibilities  for  reuse  of  water,  e.g.  as  requested  by 
Council  Directive  91/271 /EEC  concerning  urban  waste  water  treatment. 

Artificial  recharge  should  be  subject  to  an  authorization  system  in  order  to  secure  an 
appropriate control. Standards for assessment of environmental  impact from  recharge and 
for  monitoring  and  quality  control  should  be  developed  with  a  view  to  using  best 
available  techniques  (BAT)  and  best  environmental  practices  (BEP). 

Action  at  Community  level 

* 

A legal framework  with  minimum  requirements for  abstraction  of fresh  water  should be 
developed  as a response to the increasing pressure on existing fresh  water resources. This 
legal  framework  should  ensure  that  freshwater  is  abstracted  from  the  most  appropriate 
source  at  the  most  appropriate  time.  The  legal  framework  should  take  into  account 
groundwater  and  surface  water  availability,  seasonal 
fluctuations  and  natural 
replenishment  characteristics,  as  well  as  any  natural  interaction  and  interdependence 
between  groundwater  and  surface  water.  The  future  Framework  Directive  on  Water 
Resources  should  include  a  requirement  for  the  control  of  abstraction  of  fresh  water 
from  groundwater  and  surface  water,  taking  into  account  availability  and  quality 
requirements  within  respective  river  basins.  For  ensuring  of  a  high  water  quality, 
Community  legislation  concerning treatment  of urban waste water and  control  of  diffuse 
and  point  sources  of  pollution  should  also be  taken  into  account. 

ACTION  LINE  3.  DIFFUSE  SOURCES  OF  POLLUTION 

Environmental  challenges  from  diffuse  sources  of  pollution 

Diffuse  sources  are  characterized  by  having  a fairly  low  intensity  per  unit  area,  but  coming 
from  large  surfaces.  The very  nature  of  diffuse  sources of  pollution  therefore  often  makes it 
difficult  to identify  the individual  polluters,  in particular for  pollution  of groundwater,  where 
the time-lag between  application  or release of the polluting  substances and the possibility  for 
detection  of presence  in the groundwater  may  span up to  several  decades.  Due to this  nature 
of  diffuse  sources  of  pollution,  a more  general  approach  to  remove  or  reduce  the  threats  to 
fresh  water should be chosen and the corrective measures should address broadly the practices 
behind  the  application  of  the  polluting  substances. 

Threats  to  groundwater  and  surface  water  from  diffuse  sources  stem  from  agricultural  and 
industrial  activities, traffic,  and urbanization  either through  local  impacts or long distance via 
atmospheric  deposition.  As a result  of recent  more  systematic monitoring  of groundwater  in 
Member  States,  widespread  occurrence  of  nitrates  and  certain  plant  protection  products  has 
been documented  across Member  States indicating serious threat to the quality of groundwater 
both  for  drinking  water  purposes  as  well  as  for  the  ecological  quality  of  fresh  water  in 
general.  Application  of  plant  protection  products  and  biocidal  products  along  railway 
installations,  roads,  on  camp  sites  etc  constitutes  other  important  diffuse  sources  of  concern 
due  to  intensive  use. 

Concentration  of  livestock  farming  has  given  rise  to  problems  with  leaching  of  nitrates  to 
fresh  water.  Intensive  application  of  manure  and  chemical  fertilizers  in  agriculture  likewise 
has  given  rise  to  eutrophication  of  fresh  water  and  threats  to  groundwater  quality.  Intensive 
use  of  certain  plant  protection  products  in  agriculture  and  forestry  also  has  lead  to 
contamination  of  groundwater  and  surface  water  in  concentrations  that  give  rise  to  concern 
across Member  States.  Substantial  increases in the spreading  of sewage sludge on  agricultural 
and  other  land  as a way  of  disposing  of the increasing  amounts  of sludge  created  by  sewage 
treatment  plants  also  will  increase  the  pressure  on  the  environment  from  diffuse  sources. 

16 

Air  emissions  from  industry,  traffic,  heating  systems,  combustion  facilities  and  other  major 
installations emitting compounds such as nitrogen oxides, sulphur dioxide and other gases are 
carried  over  long  distances  and  deposited  from  the  atmosphere  increasing  the  risk  of 
groundwater pollution and causing or adding to eutrophication and acidification  of fresh  water 
directly or indirectly via the soil. Deposition via the atmosphere of ammonia evaporating  from 
manure  from  intensive  livestock  farming  also  contributes  to  eutrophication  of  fresh  water. 
Further,  plant  protection  products  and  biocidal  products  have  been  shown  to  be  deposited 
from  the  atmosphere  by  rain  water. 

Objectives 

The  main  objective  is  to  diminish  and  where  possible  to  avoid  threats  to  groundwater  from 
diffuse  sources  in  order  to  maintain  or  improve  the  present  quality  of  groundwater  and  to 
encourage  development  towards  an  environmentally  friendly  land  use.  Within  the  overall 
objective  of  protection  of  groundwater,  relieving  the  environmental  pressure  from  diffuse 
sources  should  have  the  highest  priority  because  the  largest  quantities  of  groundwater  are 
found  and  formed  in  the  countryside  with  agriculture,  forestry  and  nature  in  general,  where 
diffuse  sources  constitute  the  major  threats. 

The  objective  further  is to  establish  a  Community  framework  for  the  development  of  codes 
of  good  practice  for  sustainable  use  of  substances 
that  cause  or  inappropriately  used  may 
cause threats to fresh  water quality  through  further  development of an integrated  strategy  for 
sustainable  use  of  plant  protection  products,  including  more  detailed  provisions  on  the 
distribution  and  sales  of  plant  protection  products  and  restrictions  of use  and  substitution  of 
the  most  dangerous  plant protection  products pursuing the objectives  established  by  the  fifth 
environment  action  programme,  taking  into  account  differences  of  practices  and  conditions 
in  the  regions  of  the  Community.  In  particular,  this  objective  applies  to  the  use  of  biocidal 
and  plant  protection  products  and "fertilizers. 

ACTION  LINE  3.1.  DEVELOPMENT  OF  A  POLICY  WITH  A  VIEW  TO 
ENVIRONMENTAL  SUSTAINABILITY  OF  AGRICULTURE 

Strategically,  alleviation  of  the  environmental  pressure  from  activities  in  the  countryside 
should  have the highest priority.  Threats to groundwater  in the countryside  stem mainly  from 
agricultural  activities with leaching of nitrates from  manure and other fertilizers  and leaching 
of  plant  protection  products  and  biocides.  These  threats  to  groundwater  and  surface  water 
quality  will  only  in  the  long  term  be  relieved  by  a  change  towards  sustainable  agriculture. 
Agricultural  practices  therefore  should  be  targeted  as  a  strategic  element  in  protection  of 
groundwater  and  surface  water  quality. 

Agriculture  policy  being  an  area  of  exclusive  competence  for  the  Community  means  that 
actions should be directed towards changes at the level of the Community  in order to develop 
the  necessary  framework  for  Member  States  to take  action. 

The  revision  of  the  CAP  in  1992  led  to  the  introduction  of  new  instruments  for  the 
management  of  the  agricultural  market  and  of  rural  development. 

• 

• 

• 

Council Regulation  1765/92(10) linking compensatory payment with obligations to set-side 
agricultural  land 

Council Regulation 2078/92(11) encouraging voluntary introduction of production methods 
more  compatible  with  the  requirements  of  the  environment. 

Council  Regulation  2080/92(12)  promoting  afforestation  on  agricultural  land. 

(10)  O J N oL  181,  1.7.1992. 
(11)  O J N oL  215,  30.7.1992. 
(12)  O J N oL  215,  30.7.1992. 

17 

• 

• 

• 

The revision in  1993 of Council Regulation 2052/88(13) for the Structural  Funds requiring 
appraisal  of  the  environmental  situation  in  the  regions  concerned. 

The  CAP  also  contains  non-financial  instruments  which  could  help  to  improve  the 
quality  of  the  water  environment.  In  particular,  Council  Regulation  2092/91(f4)  defines 
organic  practices  for  the  production  of crops. 

Council  Regulation  125/93(15)  and  3611/93(16)  introducing  provisions  taking 
into 
consideration protection of the environment into the premium scheme for beef producers. 

It is still too early  for  a definitive  assessment  of these encouraging first steps towards a more 
environmentally  friendly  agriculture,  but  already,  preliminary  results  indicate  a  positive 
influence  from  these measures  and further  steps towards sustain ability undoubtedly  would  be 
useful  to  reduce  negative  impacts  on  fresh  water  quality. 

Integrating environmental needs into agricultural practices in order to direct agricultural  policy 
towards  sustainability  in future  developments  of the Common  Agricultural  Policy  would  not 
only  serve fresh  water  protection but  also be beneficial  for  a broader range of  environmental 
objectives,  as  well  as  having  consequences  for  the  achievement  of  objectives  of  a  broader 
social-economic  nature. 

Action  at  Member  State  and  Community  level 

Integration  of  further  environmental  concerns  into  agriculture  in  future  developments  of the 
Community  Agriculture  Policy 
should  consist  of  measures  specifically  developed  and 
directed  towards  protection  of  the  environment,  including  fresh  water.  These  measures 
presently  affect  only  a part  of  the  agriculture  budget.  Possibilities  should  be  explored  for  a 
substantial  expansion  of  the  agri-environment  measures  within  the  framework  of  the  CAP. 

*  All possibilities and strategies to lessen the impact of diffuse  sources such as nitrates and 
plant  protection  products  should  be  explored.  Introduction* of  economic  instruments 
amongst other measures should be included. These instruments could be based on  further 
incentives encouraging environmentally friendly  sustainable farming. Use of the principle 
of internalizing the environmental  costs with the help of taxes and levies directly  aiming 
at  the  consumption  of  chemical  fertilizers  and  plant  protection  products,  excessive 
application of manure from  intensive livestock farming etc could be explored. In addition 
the  viability  of  such  instruments  it  should  be  explored  ,  including  whether  economic 
instruments  should  better  be  implemented  at  Community  level  in  order  to  avoid 
distortion  of  competition. 

* 

Possibilities  for  further  encouraging  environmentally  friendly  farming  are  given  in  a 
number  of  Council  Regulations: 

Council  Regulation  1765/92, though  the obligations to set aside arable land are mainly  aimed 
at  curbing  over-production  with  only  limited  provisions  concerning  the  protection  of  the 
environment.  Land  set-aside  in  this  framework  further  is  not  necessarily  taken  out  of 
cultivation but may be used for production of non-food  crops. Possible environmental  impacts 
from  non-food  production  should  be  properly  addressed  also.  More  precise  environmental 
conditions based on-farming  practices  compatible with water protection  and the  environment 
including  the  usefulness  of  having  a  Community  framework  ensuring  proper  environmental 
management  of  set-aside  land  should  be  explored.  By  combining  the  need  to  protect  the 
environment  with the  need  to curb  production  in  agriculture  it  should  be  possible  to  achieve 

(13)  O J N oL  193, 31.7.1993. 
(14)  O J N oL  198, 22.7.1991. 
(15)  O J N oL  18, 27.1.1993. 
(16)  O J N oL  328, 29.12.1993. 

so called win-win  situations benefitting  both the interests of the farmers  and the environment. 
With  a  view  to  fresh  water  protection  it  should  be  analyzed  whether  short  term  set-aside 
might  give  only  limited  benefits  or  even  lead  to  increased  leaching  of  nitrates. 

Land  set-aside  on  a  longer  term  or  permanent  basis  concentrated  in  vulnerable  areas  along 
river banks  and  in  areas with  groundwater  designated  for  present  or  future  use for  domestic 
purposes  should  be  useful  for  the  protection  of  water  resources.  Compensatory  payment 
should  be  based  on  crop  yields  respecting  codes  of  good  agricultural  practice.  This  would 
include  the  use  of  manure,  chemical  fertilisers  and  plant  protection  products  in  a  way 
compatible  with  protection  of  water  and  nature  ("cross-compliance"). 

Council  Regulation  2078/92  ("agri-environment")  gives  incentive  to  reduction  of  the  use  of 
fertilizers  and plant  protection  products,  including  in organic farming,  for  the  extensification 
of  crop  and  livestock  production,  and  for  the  voluntary  long-term  set  aside  of  areas  of 
farmland benefitting  also protection  of fresh water. Expansion of agri-environmental  measures 
under the  "agri-environment"  regulation  should  be explored.  Further,  additional  national  and 
local  structures  for  the  effective  implementation  of  this  regulation  are  essential.  Also  proper 
monitoring is necessary to ensure the positive contribution  of this measure to the improvement 
of  water  quality. 

incentives  for  afforestation  on  agricultural 

Council  Regulation  2080/92  gives 
land. 
Afforestation  can  have  important  positive  or  negative  effects  on  groundwater  quality 
depending  on  the  nature  and  location  of  the  forest,  types  of  plants,  soil  characteristics  and 
other geological  and climatic factors.  Careful  planting with appropriate native species can help 
to improve the quality  and  regulate  the  supply  of groundwater  as well  as delivering  benefits 
for  biodiversity.  The  application  of  fertilisers  and  pesticides  and  spreading  of  sewage  sludge 
in forestry  may cause damage to groundwater resources, and potential impacts on groundwater 
should  be taken  into account.  Expansion  of measures under  this regulation  encouraging  long 
term  afforestation  should  be  explored. 

The  Framework  Regulation  2052/88(,7)  for  the  Structural  Funds  was  amended  in  1993. 
The  diversification  and  reorientation  of  agriculture  is  a  key  part  of  rural  development 
programmes  and  actions  under  the  Structural  Funds  (Objectives  No  1,  5a  and  5b).  If  these 
programmes are to succeed in contributing  substantially to the protection  of the water environ 
ment,  environmental  authorities  should  be associated  in  designing  and implementing  projects 
which  address  key  environmental 
impacts  of  programmes  and 
projects  should  be  evaluated  in  advance  and  monitored  when  implemented.  This  requires  a 
Community  framework  and  effective  structures  at  national  and  local  level  which  can 
ensure  the  coordination  of  these  measures  with  actions  under  other  initiatives  such 
as the  agrienvironment  Regulation  No  2078/92.  The  environmental  dimension  of 
the 
Structural  Funds  should  be  strengthened  when  measures  have  to  be  prepared  for  the  period 
beyond  1999. 

issues.  Environmental 

Council Regulation 2092/91 introduced criteria for organic fanning practices. Organic farming 
avoids or reduces considerably  the use of chemical  fertilizers,  it encourages the use of organic 
fertilizers.  With  respect  to the  problem  of  nitrate  leaching  to  the  environment,  care  also  has 
to  be  taken  with  the  use  of  organic  fertilizers  in  the  practices  of  organic  farming.  The 
regulation concernsarable production  only, while the Commission  is finalizing the preparation 
of  a  proposal  to  extend  its  scope  to  animal  production.  Organic  farming  was  not  exempted 
from  the general  set aside  requirements  under  Regulation  1765/92  of  the  92-revision  of  the 
CAP.  Taking into account the  environmentally  friendly  character  of organic  farming,  and in 
particular  the  avoidance  of  use  of  plant  protection  products  it  should  be  considered  making 
room  for  such  an  exemption. 

(17)  OJNo  L  185,  15.7.1988. 

19 

Action  at  Community  level 

* 

The  Community  should  play  a  central  role  in  stimulating  and  facilitating 
the 
implementation  of  codes  of  good  agricultural  practices  for  environmentally  compatible 
use  of  plant  protection  products  and  chemical  and  organic  fertilizers  by  securing  the 
sharing  of  experience  and  information  between  Member  States. 

ACTION  LINE  3.2.  ENVIRONMENTAL  CHALLENGES  FROM  NITRATES  AND 
OTHER  MINERAL  EMISSIONS 

The nitrate  content  of  groundwater  and  surface  water  has been  increasing  in certain  areas of 
the  Community  leading  to  a threat  to  the  quality  of  drinking  water  with  limit  values  being 
approached  or  exceeded  in  a growing  number  of  cases.  Concentrations  even  lower  than  the 
levels  posing  a  risk  to  human  health  may  lead  to  eutrophication  detrimental  to  animal  and 
plant  life  and  nature,  especially  in  the  receiving  areas of the  Community,  e.g.  the North  Sea 
and  the Baltic  Sea. 

Action  at  Member  State  level 

*  Groundwater  quality  should  be  appropriately  monitored  and  assessed  with  respect  to 
content  of  nutrients  in  order  to  allow  Member  States  to  follow  the  development  of 
quality  of  aquifers  and 
to  detect  early  signs  of  deterioration 
and  eutrophication. 

in  particular 

* 

* 

Implementation  of  Council  Directive  91/676  concerning  the protection  of water  against 
pollution  caused by nitrates from  agricultural  sources should be the major  element of the 
actions  on  the  nitrate  question.  Other  contributions  responsible  for  eutrophication  such 
as atmospheric  deposition  should  be addressed  also.  These  sources  are dealt with  under 
action  line  4  on  point  sources. 

In order to maintain  the quality  of unpolluted  groundwater,  preventing  further  pollution 
and  restoring  where  appropriate  polluted  groundwater,  preventive  action  should  also be 
taken  in  order  to  keep  concentrations  as  low  as  possible  in  areas  with  fresh  water 
containing  less  than  50  mg/litre  as  defined  by  the  criteria  for  designation  of  vulnerable 
zones by the nitrate directive. For restoration  of polluted groundwater  a minimum  target 
should be at least  the relevant  drinking water  standards. Priorities  should be set taking 
into  account  realistic  timescales  and  practicability. 

*  All possibilities, including use of economic instruments in order to reduce use of manure 
and chemical  fertilizers to the amounts required for  crop production  and compatible with 
protection  of  the  environment  and  fresh  water  quality  should  be  explored.  Necessary 
changes in the pattern of agricultural  land use, including the use of crop rotation  schemes 
to  avoid  surplus  nitrates  reaching  ground  and  surface  water  and  other  environmentally 
vulnerable areas  should  be made.  A balance between  nitrogen  inputs  and outputs  should 
ensure  that  losses  to  the  environment  are  kept  within  acceptable  limits.  Losses  should 
at least be compatible with compliance with drinking water requirements, and should not 
cause eutrophication of receiving waters. This might entail use of input-output  accounting 
systems  and  other  measures  for  assessing  and  controlling  the balance.  At the  same time 
this would  reduce  considerably  the risk of pollution  from  phosphates,  as phosphates  are 
often  applied  as  an  integral  part  of  fertilizers  and  contained  in  manure. 

* 

The development  of  codes of good  agricultural  practice for  environmentally  compatible 
production  should  be  at  the  centre  of  actions  taken.  Appropriate  measures  to  monitor 
compliance  with  the  codes  of  good  agricultural  practice  should  be  established. 
As ompliance  with  the  codes  in  itself  may  not be  sufficient  to achieve  the objectives  in 
certain regions, measures of a further  going nature to ensure environmentally  compatible 
production  could  be developed.  Possibilities  for  using the principle  of  cross-compliance 
should  be  explored  in  this  context.  In  order  to  avoid  distortion  of  competition  and  to 

20 

create  so  called  win-win  situations  benefitting  both  the  environment  and  the  farmers, 
strategies  to  compensate  farmers  should  be  developed  also. 

Action  at  Community  level 

* 

* 

The  Commission  should  undertake  to  follow  up  closely  on  progress  in  the  ongoing 
implementation  of  Council  Directive  91/676  on  nitrates  in  Member  States. 

The Commission should undertake to consider possibilities to ensure further  development 
of  agriculture  policy  towards  sustainability.  With  a view  to  environmentally  sound  use 
of fertilizers  an expansion  of the budget for  targeted  environmental  measures  as well  as 
the  introduction  of  explicit  environmental  conditions  in the general  set aside  regulation 
should  be  explored. 

ACTION  LINE  3.3. 
PROTECTION  PRODUCTS  AND  BIOCIDAL  PRODUCTS 

ENVIRONMENTAL  CHALLENGES  FROM  PLANT 

Plant  protection  products  and  biocidal  products  are  widely  used  in  agriculture  and  forestry, 
on industrial  sites, along traffic  lines, on public land, and domestic use. Due to geological  and 
climatic  differences  and  to  differences  of  traditions  of  use,  etc.,  the  use  of  these  products 
varies  considerably  between  regions  in  the  Community. 

Monitoring  of  fresh  water  quality  has  revealed  concentrations  of  plant  protection  products 
exceeding  the  limit  values  laid  down  for  water  intended  for  human  consumption  in  an 
increasing  number  of cases, thus  indicating threats to  groundwater  and  surface  water  quality 
and  potentially  posing  a  risk  for  human  health  depending  on  the  sources  of  fresh  water 
supply  and  the  type  of  active  ingredients. 

In relation  to protection  of groundwater,  plant protection  products  and biocidal  products that 
are highly  mobilizable,  with  a high  water  solubility,  or persistency  are  of main  concern  due 
to their potential  for leaching to groundwater. Focus may vary from  region to region  as actual 
leaching  will  depend  on  many  parameters  related  to  mode  of  application,  climatic  and 
geological  conditions,  etc. 

Action  at  Member  State  level 

*  Groundwater quality should be appropriately monitored and assessed at least for  products 
commonly  used  and  or  known  or  expected  to  leach  to  groundwater  in  order  to  follow 
closely  any  increase in concentration  of plant protection  products and biocidal  products. 
The  costs  of  an  overall  monitoring  could  be  excessive.  Monitoring  therefore  could  be 
targeted  to  areas  of  particular  concern  either  because  of  specific  activities  of 
e.g.  agricultural  or  industrial  nature  such  as  high  application  rate  of  plant  protection 
products,  use  of  specific  products,  or  due  to  high  precipitation,  sandy  soil,  or 
groundwater  reservoirs  of  a  particular  importance.  Registration  of  uses  could  be 
considered  as  a means  of  focusing  monitoring  activity. 

*  A  system  with  indicators  for  monitoring  the  environmental  impact  of  plant  protection 
products  should  be developed.  At present  no single parameter  gives a full  picture  of the 
environmental  impacts  of  plant  protection  products.  Until  such  indicators  have  been 
developed,  monitoring  could  be based on indicators such  as frequency  of treatment  and 
amount  of  product  sold,  hectare-doses,  human  and/or  ecological  toxicity,  mobility, 
solubility  and bioaccumulative characteristics. Particular attention should be paid to those 
new types of plant  protection  products where environmental  or toxicological  impacts  of 
the product may occur even with  concentrations below the present limit values for  water 
intended  for  human  consumption. 

21 

Codes of good  agricultural  and forestry  practice for  use of plant protection  products and 
for  use of biocidal  products  should be drawn up  and implemented.  They  should  address 
protection  of  all  fresh  water  and  as  appropriate  take  into  account  local  and  sectoral 
requirements. 

Directive 91/414°8) introduced a Community definition  of integrated control, which could 
form  the  basis  for  further  development  of  codes  of  good  practice  and  which  could  be 
used  as  an  important  element  in  the  establishment  of  reduction  programmes. 

Supplementing Directive 91/414,  some Member  States have established  programmes  for 
reduction  of  use  of  plant  protection  products.  Drawing  on  experience  gained,  all 
possibilities  should  be  explored  by  Member  States  in  order  to  secure  the  overall 
objectives of prevention of pollution of groundwater.  Possible programmes could include 
inter  alia  integrated  control  aiming  at  strict  demand  oriented  application,  vocational 
training,  certificates  for  professional  users, record  keeping  of applications,  a network  of 
authorized  instructors,  and  voluntary  or  obligatory  testing  and  inspection  of  equipment 
combined with full  or partial  reimbursement  of or subsidies for  costs of testing. Progress 
could be followed  on  an  annual  basis through  the  results  of monitoring  of  groundwater 
quality  and  indicators  for  changes  in  product  use. 

Until  an active  substance has been  introduced into the Community  system  of  assessment 
and  reassessment  of  active  substances  of  Directive  91/414/EEC,  Member  States  should 
explore  possibilities  for  such  assessment  and  re-assessment  of  active  substances  and 
products  of  potential  risk  to  groundwater.  Authorization  of  products  with  active 
substances  found  in  groundwater  with  values  exceeding  limit values  for  drinking  water 
in  spite  of  having  been  used  properly  should  be  reviewed.  Member  States  should 
consider  applying  the uniform  principles  also  for  such  products. 

Use of economic  instruments  as incentives for  good  house-keeping,  rational  use or even 
renunciation  of  use  could  be  explored.  Such  instruments  already  exist  or  are  being 
considered  for  introduction  in some Member  States, inter alia  Sweden,  The Netherlands, 
Denmark  and  Austria. 

Action  at  Community  level 

The  Council  Directive  91/414/EEC  of  15  July  1991  concerning  the  placing  of  plant 
protection  products on the market  should provide the legal  framework  for  authorizations 
taking  into  account  inter  alia  water  protection.  Annex  VI  of  Council  Directive  91/414 
introducing  uniform  principles  for  the  evaluation  of  plant  protection  products  will  be 
established  through  the  adoption  of  a specific  Council  Directive. 

Environmental  standards  and  regulations  for  plant  protection  products  and  biocidal 
products  should  be  developed  further.  Regulations  on  plant  protection  products  should 
be designed  in such a way that for  normal  and  proper use the products or residues  hereof 
should  not  occur  in  groundwater  in  concentrations  exceeding  requirements  for  water 
intended  for  human  consumption  and/or  having harmful  effects  on ecosystems  receiving 
such  groundwater. 

A long  term  scheme  should  be  implemented  for  assessment  and  reassessment  of  active 
substances for  use in plant protection products, with  Council  Directive 91/414  providing 
the  legislative  framework  for  a Community  system  for  assessment  of  active  substances 
and  plant  protection  products  and  for  re-assessment  of  such  active  substances  and 
products  on  a  10  year  basis.  Work  is  under  way  for  the  initial  assessment  of  active 
substances  for  inclusion  in the  Community  system  in  Annex  I of  Directive  91/414.  For 
the  purpose  of  protection  of  groundwater,  plant  protection  products  with  high  water 

(18)  O J N oL  230,  19.8.1991. 

22 

solubility,  mobility,  persistency,  and  bioaccumulative  characteristics  should  be  given  a 
particular  priority. 

* 

Further  development  of  an  integrated  strategy  for  sustainable  use  of  plant  protection 
products,  including  more  detailed  provisions  on  the  distribution  and  sales  of  plant 
protection  products  and  restrictions  of use  and  substitution  of the most  dangerous  plant 
protection  products  pursuing  the  objectives  established  by  the  fifth  environment  action 
programme,  Similar  objectives  should  be  pursued  for  use  of biocidal  products. 

ACTION  LINE  3.4.  ENVIRONMENTAL  CHALLENGES  FROM  USE  OF 
SEWAGE  SLUDGE 

Following  the  establishing  of  treatment  plants  for  urban  waste  water  sewage  sludge  is 
produced  in  increasing  amounts.  In  order  to bring  the  contents  of  the  sludge  to  good  use  or 
to  dispose  of  it,  a practice  of  applying  sewage  sludge  on  agricultural  land  has  developed  in 
some  Member  States.  In  this  way  the  contents  of  nitrate  and  phosphate  may  be  recycled. 
Control  of pollution  from  urban waste water,  septic tanks, leaking  sewers etc is dealt with in 
action  line  4  on  point  sources. 

Sewage  sludge  may  contain  high  concentrations  of  dangerous  substances  and  heavy  metals, 
and  the  concentration  of  nitrate  and  phosphate  varies  considerably  for  different  types  of 
sludge,  thereby  making  the  sludge  less  reliable  than  chemical  or  organic  fertilizers. 
Inappropriate  application  may  create  problems  with  pollution  of  groundwater  and  surface 
water  and  of  soil  similar  to the problems  encountered  with use of  other  fertilizers.  Problems 
of  hygiene  may  arise  thereby  potentially  threatening  groundwater  and  surface  water  as well 
as the quality  of the crops themselves.  Smell also could pose problems e.g. near built-up areas 
and  in  public  forests. 

Use  in  agriculture  is  regulated  by  Council  Directive  86/278/EEC(19) on  the  protection  of  the 
environment,  and  in  particular  of  the  soil,  when  sewage  sludge  is  used  in  agriculture.  The 
directive  lays  down  minimum  limit  values  for  content  of  heavy  metals  and  periods  of 
application for the purpose of hygienic safeguards.  Some Member  States have laid down more 
strict limit values than the directive and limit values have been fixed for  additional  dangerous 
compounds  or  heavy  metals.  Some  Member  States  also  require  that  spreading  of  sludge  on 
land  must  serve  a purpose  such  as  fertilisation  or  soil  improvement  and  not  simply  be  used 
as way  of  disposing  of  waste. 

Use  outside  agriculture  is not  at  present  regulated  at  Community  level. 

Objective 

The  objective  is to  avoid  negative  effects  on  groundwater  from  the use  of  sewage  sludge  in 
order to allow continued or increased recycling of organic matter in sludge on agricultural  and 
other  appropriate  land. 

Action  at  Member  State  level 

* 

Possibilities for further  environmentally  sound use of sludge on land should be examined. 

*  A good  and  constant  quality  of  sludge  not  exceeding  the  limit  values  for  heavy  metals 
and  other  contaminants  should  be  ensured,  thus  allowing  for  the  use  of  sewage  sludge 
on  agricultural  land  for  improving  the  texture  of  the  soil  as  well  as  a  fertilizer.  This 
should  make recycling  of nutrients  possible in an environmentally  sound  way.  Nutrients 
in  the  sludge  should  be  accounted  for  in  the  overall  nutrient  balance. 

(19)  O J N oL  181, 4.7.1986. 

23 

* 

Limit  values  and  standards  for  content  of  polluting  substances  and  nutrients  in  sewage 
sludge  should  be  reviewed  as  appropriate  with  a view  to  development  of  standards  for 
other  relevant  compounds  where  such  are not presently  established. 

*  General  rules  should  be  established  for  spreading  of  sludge,  including  appropriate 
restrictions  on  application  within  protection  zones with  groundwater  resources  intended 
for  drinking  water  purposes. 

Action  at  Community  level 

*  Community 

legislation  should  be  reviewed  with  a  view  to  establishing  and/or 
implementing measures to minimize discharge of dangerous substances and heavy metals 
into  sewage  systems  from  households  and  industrial  facilities. 

* 

* 

Limit values of Directive  86/278/EEC on use of sewage sludge should be reviewed  with 
a view  to  scientific  updating. 

Standards  for  characterization  methods  for  sewage  sludge  should  be  developed.  The 
Commission  should  follow  the  studies  initiated  by  the  European  Standardization 
Organization,  CEN,  scheduled  to be  completed  by  1998. 

ACTION LINE 4.  CONTROL OF POINT SOURCE POLLUTION FROM ACTIVITIES 
AND  FACILITIES  WHICH  MAY  AFFECT  GROUNDWATER  QUALITY 

A  point  source  is  a  source  of  pollution  with  a  rather  limited  and  well  defined  spatial 
extension.  It is often  of a concentrated  nature with  a high  intensity  of pollution per unit  area. 
Point  sources  are by  their  nature  in  principle traceable  to  specific  activities  and  installations 
handling the polluting  substances, though  in practice this often  proves difficult  when  possible 
point  sources  are many  or interact.  Point  source pollution  in  principle  is  suited  for  measures 
at the source to avert or limit spreading  of the polluting substances or containment  of  damage 
to  groundwater. 

Activities which  may  produce or induce pollution by discharges  and emissions are  extremely 
diverse and  numerous.  Of particular  concern  are: installations  handling  substances which  are 
potential  pollutants;  distribution  and  storage  systems  for  oil  and  petrol  and  buried  tanks  for 
heating oil; storage installations for industrial  hazardous products, agrochemicals  and manure 
from  intensive livestock  units; activities discharging effluent  into the environment  of a liquid 
or  solid  nature  (e.g.  dairy  industry,  slaughter  houses  and  paper  mills);  urban  facilities 
discharging  into  the  environment  of  a  liquid  or  solid  nature  such  as  septic  tanks,  leaking 
sewage  system  etc;  landfills  for  urban  and  hazardous  waste;  graveyards  and  animal  burial 
sites;  gravel  pits,  mining  activities  in  use  or  abandoned,  including  tips,  tailings  and 
dewatering; abandoned industrial sites and other contaminated land. Activities and installations 
in  function  or  abandoned  are,  especially  in urban  areas  and  industrial  centres,  often  located 
on top of aquifers where a considerable deterioration of groundwater quality may already have 
happened.  Emissions to the air  of nitrogen  oxides,  sulphur  dioxide and  other  substances  give 
rise to long-range  transboundary  air  pollution  when  deposition  takes place via  precipitation, 
causing  acidification  and  eutrophication  of  fresh  water. 

Objectives 

The objective is to ensure a high level  of protection from  activities and installations producing 
liquid  and  solid  effluent  and/or  representing  a  potential  risk  of  accidental  pollution  of 
groundwater  resources.  A general  and  high  level  of protection  of  all  groundwater  should  be 
the  rule,  with  specific  rules  and  particular  attention  paid  to  additional  needs  for  protection 
when  required  by  extraordinarily  high  risks,  sensitivity  and/or  vulnerability,  or  by  the  need 
for  protection  o€important  groundwater.  In  order to avoid  or  reduce the risk  of  pollution  of 
fresh  water  via  precipitation  the  objective  is to  ensure  a reduction  of  emissions  to the  air  of 
substances  causing  eutrophication  and/or  acidification. 

24 

For existing contaminated  sites and areas with polluted groundwater or risks of pollution, such 
as  old  abandoned  landfills  and  mines,  or  industrial  grounds,  the  objective  is  to  ensure 
decommissioning,  containment  or  reclamation  where  appropriate  of  such  contaminated  sites 
and  groundwater. 

Action  at  Member  State  level 

* 

* 

The  proposed  Council  Directive  on  Integrated  Pollution  Prevention  and  Control(20) 
should  eventually provide the overall principles at Community  level for the authorization 
of major  installations and activities (IPPC's), including considerations for the protection 
of  groundwater  against  point  source  pollution.  Major  efforts  have  to  be  made  to 
implement  and  further  develop  the principles  of the  integrated  pollution  prevention  and 
control  approach. 

installations 
Protection  of  groundwater  against  pollution  from  smaller  ("non-IPPC's") 
and  activities  that  may  act  as  point  sources  of  pollution  should  equally  be  ensured. 
Authorization  should  be  operating  in  a  transparent,  rational  and  predictable  way. 
Overlapping  and  duplication  should  be  avoided. 

*  An  authorization  system  should  cover any  point  source from  installations and  activities 
that  may  negatively  affect  groundwater  quality  by  direct  or  indirect  discharge. 
For  reasons of proportionality  it should be noted that the existing Groundwater Directive 
excludes from  this requirement  "discharges which  are found  by the competent  authority 
of the Member  State  concerned  to contain  substances  ... in  a quantity  and  concentration 
so small  as to  obviate  any  present  or future  danger  of  deterioration  in  the quality  of the 
receiving  groundwater".  The  authorization  system  also  should  be  directed  towards 
potentially  polluting  point  source  activities  such  as  industrial  and  urban  installations, 
landfills,  distribution  and storage systems for oil, petrol and other substances, and mining 
activities.  Permits  for  discharges  should  take  into  account  possible  effects  on  aquifers, 
and  permits  for  installations  should  request  the  best  design  for  groundwater  protection. 
Authorizations  granted  under  this  system  should  take  into  account  also  the  need 
for  decommissioning  such installations  and activities in such a manner that  groundwater 
is  protected. 

* 

* 

.  * 

Leaching,  spills,  polluted  run-off  water  etc  should  preferably  be  taken  care  of  through 
careful  designing  and planning  of facilities.  Safeguarding  of the environment  could  also 
be  secured  by  establishing  rules  for  certification  of types  of installations,  oil  tanks,  etc. 
In an integrated  management  system  such  safeguarding  should be an integral  part  of the 
general  planning  and  localization  system. 

Possibilities for encouraging development and use of environmentally friendly  production 
processes  and  procedures  such  as  promotion  of  best  available  techniques,  clean 
technology  and  water  saving  devices  etc  should  be  explored. 

An inventory  of potential  point  sources as complete as possible should  be drawn  up and 
updated  on a step by step basis and according to priorities. The inventory  should  include 
urban  and  industrial  facilities  and  installations,  industrial  and  other  contaminated  land, 
landfills,  and  gravel  pits,  mines  and  quarries  etc.  Small  facilities  such  as  septic  tanks 
may  be  exempted  if their  environmental  impact  is negligible  or unless  they  are  located 
within  sensitive  zones. 

Based  on  the  inventory,  priorities  should  be  set  and  decommissioning  plans  should  be 
implemented  for  abandoned  installations  and  sites  e.g.  contaminated  industrial  land, 
mines,  underground  storage  depots,  landfills,  old  wells  etc  according  to  level  of  risk, 
practicability  and realistic timescales. Where  appropriate the necessary  containment  and 
rectification  measures  should  be  taken. 

(20)  O J N oC  311,  17.11.1993. 

25 

Guidelines  and  procedures  for  decommissioning  of  installations  should  be  provided  for 
all  new  installations  and  sites. 

Prohibition  of direct discharge into aquifers of hazardous substances, including urban and 
industrial  waste  water,  polluted  run-off  water  etc  must  be  made. 

Compulsory  treatment  of  all  urban  and  domestic  waste  water  as  prescribed  by  the 
Council  Directive  91/271/EEC  on  urban  waste  water  treatment  thus  speeding  up  the 
implementation  of  the  directive.  A  priority  plan  within  the  schedule  given  by  the 
directive  could  be  drawn  up  and  monitoring  of  benefits  of  the  treatment  should 
take  place. 

For  use  of  septic  tanks,  a  sufficient  capacity  and  a  system  for  regular  emptying  should 
be ensured.  Waste should  be brought to a treatment  plant where possible,  or disposed of 
in an environmentally  safe way. Establishment  of  standards for best available  techniques 
equipment  could  be  explored. 

Remedial  action  should  be  taken  towards  leaking  sewers  in  order  to  avoid  pollution 
of  groundwater. 

Possibilities  for  using  economic  instruments  such  as,  as  appropriate,  charges  and  fiscal 
measures  as  an  incentive  to  internalize  environmental  costs  to  reduce  the  amounts  of 
pollution  from  discharge  of  effluent  as  well  as  possibilities  for  the  use  of  voluntary 
agreements  should  be  reviewed. 

Action  at  Community  level 

The  drawing  up  in  collaboration  with  and  placing  at  the  disposal  of  Member  States  of 
comparable  data  on  the  feasibility  and  effectiveness  of  prohibiting  discharge  of 
dangerous  substances  into  groundwater. 

Work  on  general  provisions  and  standards  for  safety  equipment  and  procedures  for 
installations  handling  and  storing  substances  harmful  to water  in  particular  with  a view 
to use of best available techniques  should be developed.  As different  levels in standards, 
provisions  and  especially  the  use  of  economic  instruments  to  internalize  environmental 
costs may lead to distortion  of competition between Member  States, introduction  of such 
elements  should  be  considered  at  Community  level  consistent  with  the  relevant 
provisions  of  the  other  Community  policies  concerned  . 

Eutrophication and acidification  from  atmospheric deposition should be regulated through 
international  agreement.  Development,  review  and  amendment  as  appropriate  of 
international conventions and protocols on long-range transboundary  air pollutants should 
be  pursued  by  the  Community.  Appropriate  implementation  of  such  agreements  should 
be  ensured  in  Community  legislation  and  policies.  Air  quality  objectives  and  emission 
standards in Community  and Member  State legislation  should take into consideration  the 
effects  on  fresh  water  quality  of  emissions  to  air  of  substances  causing  eutrophication 
and/or  acidification.  This  applies  not  least  to  exhaust  from  traffic. 

A  significant  body  of  legislation  already  exists  for  control  of  emissions  from  mobile 
sources  and  in  particular  of  car  emissions.  The  Commission  is  preparing  proposals  for 
legislation  which  will  further  tighten  such  emission  standards.  Proposals  concerning 
passenger  cars,  light  duty  vehicle's  and  heavy  duty  vehicles  are  expected  to be  adopted 
by  the  Commission  in  the  near  future. 

26 

The  Commission  further  will  develop  Daughter  Directives  on  specific  air  pollutants  as 
a follow  up  to  the  proposal  for  an  Air  Quality  Framework  Directive^1} currently  under 
negotiation  in Council  and Parliament.  A proposal  on control  of nitrogen  dioxide will  be 
presented  at  the  end  of  1996. 

As  a  follow  up  to  the  Council's  request  of  December  1995(22)  the  Commission  is 
presently  developing a Community  strategy for control of acidification.  The Commission 
intends  to  present  this  strategy  to  Council  in  the beginning  of  1997. 

PART  2.  IMPLEMENTATION  OF  THE ACTION  PROGRAMME 

The  rôle  of  the  Commission 

* 

* 

* 

* 

* 

In  order  to  ensure  common  water  management  principles  the  Commission  intends  to 
present  a  proposal  for  a  Framework  Directive  on  Water  Resources  in  which  basic 
provisions  for  management  of  groundwater  will  be included.  The Framework  Directive 
will  include  provisions  on  protection  of  groundwater  and  thus take  over  the  provisions 
of  the  present  Groundwater  Directive  as explained  in  the  Communication  on  European 
Water Policy.  The Framework  Directive will  also introduce a requirement  for  control  of 
abstraction  of  fresh  water.  The  Commission  intends  to  present  the  proposal  for  the 
Framework  Directive  on  Water  Resources  at the  end  of  1996. 

The  Commission  should  review  and  where  appropriate  consider  adaptation  of  existing 
Community  legislation  in  line  with  the  objectives  of this  action  programme. 

The  Commission  should  ensure  a  further  integration  of  water  policy  into  other 
Community  policies where this is necessary for  fresh  water protection  and  management. 
Areas  such  as  agriculture  and  regional  development  have  a profound  impact  as well  as 
dependence  on  availability  and  quality  of  groundwater  resources  and  the  further 
integration  into the Common  Agriculture Policy  and the Regional  Policy  are particularly 
important  for  achieving  the  objective  of  sustainable  fresh  water  protection  and 
management.  Following  from  the  general  outline  set  out  by  the  Fifth  Environment 
Programme,  "Towards  Sustainability",  and  further  specified  in  the  recent  Commission 
proposal  for  a Review  of  the  Fifth  Action  Programme,  the Commission  will  pursue  the 
further  integration  of water policy  into other Community policies where this is necessary 
for  fresh  water  protection  and  management.  A number of options for  such integration in 
particular  into  agriculture  policy  to be  considered  by  the  Commission  are  presented  in 
this  action  programme.  The  importance  of  research  and  development  to  water 
management and protection has been recognized by the Community  research  programme 
"Environment  and  Climate  1994-1998",  which  devotes  one  of  its  research  areas  to 
improvement and rationalisation  of the future  management of water resources. Water has 
also  been  identified  as  a  priority  area  for  additional  concentration  of  the  Community 
research effort  under the Commission's proposal  for  supplementary  funding  of the  fourth 
RTD Framework Program m e.(23)  Additionally, a special Task Force on Environment and 
Water  has  been  created  in  1996. 

Progress  with  implementation  of  Community  water  legislation  should  be  followed 
closely, notably with the Directive on Nitrates from  diffuse  sources and the Urban Waste 
Water Treatment Directive, in order to secure their full  implementation  and  functioning. 

The  Commission  in  close  cooperation  with  Member  States  should  undertake  the 
development and use of economic instruments, voluntary  agreements and other non-legal 
instruments  as well  as  research  and  development  of  less  water  consuming  technologies 

(21)  O J N oC  59,  28.2.1996. 
(22)  Council  Conclusions  on  Acidification,  1895th  Council  Meeting  -  Environment  -

18.12.1995. 
(23)  COM(96)  12 final. 

27 

and  practices  and  various  research  inter  alia  for  mapping,  monitoring,  definitions  of 
groundwater  vulnerability. 

The  Commission  should  serve  as  a  focal  point  for  the  development  of  guidelines  and 
recommendations  e.g.  for  drawing up codes of good practices and  assisting  in  exchange 
of information  and  experience  as  appropriate. 

National  Action  Programmes 

Member States should establish their own national  action programmes taking full  account 
of national  conditions. 

the 

should  be  based  on 

following  principles: 
National  action  programmes 
(1)  Integrated  planning and management  should be developed,  (2) Rules for  quantitative 
maintenance  of  groundwater  resources,  including  where  appropriate  a  regulatory 
framework  for  abstraction  of fresh  water  should be established,  (3)  Measures to protect 
groundwater  against  pollution  from  diffuse  sources,  including  codes  of  good  practices 
and indications  of longer term measures to secure further  integration  of water  protection 
and management  notably  into agricultural  practices should be taken,  (4) Instruments  for 
control  of  point  source  emissions  and  discharges,  including  a  regulatory  framework 
should be further  developed. Also incentives for development of environmentally  friendly 
production  processes  and  procedures  are  important. 

National  action  programmes  should  be  developed  with  a  view  to  a  long-term 
compatibility  with  a  river  basin  management  approach. 

National  action  programmes should indicate how and when  measures will be undertaken 
and  with  a  view  to  questions  of  a  transboundary  nature  programmes  should  indicate 
which  measures  will  be undertaken  at  a national  level  and  which  measures  will  require 
addressing  within  the wider  perspective  of  a transboundary  river  basin  management. 

National  action  programmes  should  contain  the  following  elements: 

Mapping  and  characterization  of  groundwater  systems. 

Monitoring to provide information  on development of quantitative and qualitative aspects 
of  groundwater  resources. 

Reporting  schemes  to  follow  progress  in  mapping  and  monitoring. 

Review  of  the water  sector  and  adjustment  of  administrative  structures  and  legislation, 
including  instruments  to  assess  future  trends  in  demand  for  fresh  water. 

Integration  of  groundwater  protection  and  management  into  spatial  planning,  including 
establishment  of  zoning  of  vulnerable  and  other  important  areas. 

Drawing up inventories  of  point  sources and  polluted  groundwater  and  soil,  and  setting 
priorities  for  decommissioning,  containment,  and  rectification  of  installations,  polluted 
sites,  and  groundwater. 

A  comprehensive  regulatory  system  and  rules  for  fresh  water  abstraction  and  for 
activities  and  facilities  that  may  lead  to  pollution  of  groundwater. 

Encouragement of development and use of environmentally friendly  production  processes 
and  procedures  such  as  best  available  techniques,  clean  technology  and  water  saving 
devices,  etc. 

Review  and implementation  of strategies  and measures to control  pollution  from  diffuse 
sources,  including  the  establishment  of  codes  of  good  practice. 

28 

• 

• 

• 

• 

Introduction  of  measures  to  promote  water  saving,  reuse,  and  sustainable  use  of  fresh 
water  resources,  and  where  appropriate  reduction  of  consumption  of  water. 

Possibilities  for  use  of  economic  instruments,  including  taxes  and  levies. 

Plans  for  information  and  involvement  of  the  public,  and  in  particular  of  specific  user 
groups  when  drawing  up  and  implementing  national  action  programmes. 

Timetable  for  the  implementation  of  the  national  action  programme. 

PART 3.  REVIEW  OF  PROGRESS  WITH  IMPLEMENTATION  OF  THE  ACTION 
PROGRAMME 

Review  of  progress  with  implementation 

* 

In practical  terms, implementation  should be seen as an on-going process with  initiatives 
being taken  on a short, medium,  and long term basis depending  on their nature, role and 
importance. A schedule for implementation  of national action programmes should be laid 
down  as  soon  as  possible.  The  types  of  action  needed  will  vary  from  Member  State to 
Member  State  depending  on  the  environmental  state  of  groundwaters,  on  regional  and 
local conditions,  on existing legal and administrative structures, and on measures already 
taken  or  decided. 

*  Member  States  as  soon  as  possible  should  draw  up  national  action  programmes  and 
decide upon target years for the ensuing actions to be laid down as appropriate  according 
to the  national,  regional  and  local  situation  but  with  the  year  2000  as  an  overall  target 
year  for  a functioning  national  action  programme.  Appraisal  of  action  taken,  review  of 
time  schedules,  and  appropriate  adjustments  should  be  foreseen  and  appropriate  check 
points  laid  down  in  order  to  follow  progress  with  the  programmes. 

* 

Some  measures  will  reach  beyond  or  be  taken  after  the  year  2000.  Such  follow-up 
measures  for  securing  the  long  term 
strategy  should  be  clearly  indicated  and 
accompanied  by  an appropriate  time schedule.  Short term  actions such  as completion  of 
mapping,  of  monitoring,  review  and  improvement  of  administrative  and  legislative 
structures  and  performance  of  the  water  sector,  designation  of  vulnerable  and  other 
important  protection  zones,  establishment  of  authorization  systems,  and  promotion  of 
water  saving  should  be  launched  as  first  steps. 

*  Actions  on  the  longer  term  require  more  preparation  or  depend  on  assessment  of  the 
groundwater  situation based  on results of mapping  and monitoring  etc. This applies e.g. 
to  integration  of  general  fresh  water  protection  into  spatial  planning  and  land  use,  the 
setting up  of  cross-sectoral  administrative  structures,  to drawing  up  inventories  of  point 
sources,  and  to  setting  priorities  for  decommissioning  and  restoration  etc.  Execution  of 
decommissioning  and  restoration  work would  be tasks reaching  into the 21th  century  in 
a  prioritized  and  staged  approach. 

*  Review  of  progress  and  achievements  of  Member  States  should  take  place  at  regular 
intervals. The year 2000 could be an appropriate target year for the first overall  appraisal 
of  progress.  Member  States  should  report  to  the  Commission  on  progress  with  the 
national  action  programmes  in  order  to facilitate  sharing  of  experience. 

*  Review  of  the  overall  progress  in  the  Community  should  take  place  at  appropriate 
intervals.  Based  on the  assessment  of progress by  Member  States  and  on  reports  on  the 
environmental  state  of  groundwater  from  the  European  Environment  agency  and 
Eurostat,  the first review  of progress by the Commission  should follow  closely  after  the 
appraisal  in  the  year  2000  by  Member  States. 

29 

ISSN 0254-1475 

COM(96) 315 final 

DOCUMENTS 

EN 

14  15  03 

Catalogue number  :  CB-CO-96-349-EN-C 

ISBN  92-78-06852-7 

Office  for  Official  Publications  of  the European  Communities 

L-2985  Luxembourg 

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