Proposal for a Directive of the European Parliament and of the Council on the protection of groundwater against pollution
Date: 2003-09-19
Institutions: European Commission
Subjects: EU environmental policy, dangerous substance, groundwater, pollution control measures, water protection

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 19.9.2003
COM(2003) 550 final

2003/0210 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the protection of groundwater against pollution

(presented by the Commission)

1.

1.1.

1.2.

2.

2.1.

EXPLANATORY MEMORANDUM

INTRODUCTION

Groundwater is an important natural resource. It acts as a reservoir from which good
quality water can be abstracted for drinking and for use in industry and agriculture. It
is also valuable in maintaining wetlands and river flows, acting  as a buffer through
dry  periods.  Groundwater  moves  slowly  through  the  ground  and  so  the  impact  of
human activities may last for a relatively long time. It may be difficult to clean up,
even  once  the  source  of  pollution  has  been  removed,  so  we  need  to  focus  on
preventing  pollution  in  the  first  place.  Groundwater  provides  base  flow  for  surface
water  systems  and  so  its  quality  may  affect  the  quality  of  those  surface  waters.  In
other words, the effects of human activity on groundwater quality may impact on the
quality  of  associated  aquatic  ecosystems  and  directly  dependent 
terrestrial
ecosystems.  Groundwater  is  much  more  widely  present  than  surface  water,  so  it  is
even more difficult to prevent pollution, and to monitor and restore water quality.

In  addition  to  the  rules  in  Directive  80/68/EEC  on  the  protection  of  groundwater
against pollution caused by certain dangerous substances,1 groundwater protection is
also a feature of the Water Framework Directive 2000/60/EC (WFD),2 which is the
basic legislation for the protection of Europe’s aquatic environment. Article 17 of the
WFD  requires  that  on  the  basis  of  a  proposal  from  the  Commission,  the  European
Parliament  and  the  Council  shall  adopt  specific  measures  to  prevent  and  control
groundwater pollution by defining common criteria on good chemical status and on
quality  trends.  This  proposal  for  a  Groundwater  Daughter  Directive  meets  that
requirement.

GROUNDWATER: A RESOURCE AT RISK

Groundwater  generally  flows  slowly  so  takes  a  long  time  to  carry  pollutants  from
their  source.  This  means  that  pollution  that  occurred  some  decades  ago  –  whether
from  agriculture,  industry  or  other  human  activities  -  may  still  be  threatening
groundwater  quality.  These  processes  are  difficult  to  observe  and  measure  and  so
there  is  often  a  lack  of  awareness  and/or  evidence  of  the  risks  of  groundwater
pollution.  Recent  reports3,4  show  that  pollution  from  domestic,  agricultural  and
industrial  sources  is  increasing,  either  directly  through  discharges  (effluent)  or
indirectly from the spreading of fertilisers or through leaching from landfill, some of
it  illegal.  While  point  sources  have  caused  most  of  the  pollution  identified  to  date,
there  is  evidence  that  diffuse  sources  are  having  an  increasing  impact  on
groundwater.

1

2

3

4

OJ L 20, 26.1.1980, p.43
OJ L 327, 22.12.2000, p.72
OECD Review, 2003
Europe’s environment: the third assessment, EEA, 2003

2

                                                
2.2.

Consequently  the  prevention  of  groundwater  pollution  is  of  critical  importance.  It
must be a key aim of European legislation for the following reasons:

– 

– 

– 

Once  groundwater  has  been  polluted,  the  consequences  last  for  longer  than
surface  water  pollution  (months,  years  and  sometimes  decades)  because,  in
most  cases,  groundwater  moves  slowly  underground.  Moreover,  it  is  usually
either  not  practical  or  else  very  expensive  to  clean  up  the  groundwater
afterwards.  Again,  it  is  both  impractical  and  bad  strategy  to  provide
comprehensive  treatment  to  remove  certain  pollutants,  such  as  pesticides  and
other organic trace substances. Contaminated drinking water is a health hazard
and,  once  contamination has occurred, drilling new  wells  is  expensive  and  in
many instances not feasible. It is, therefore, preferable to prevent or reduce the
risk of pollution rather than to deal with the consequences.

Groundwater is an important resource, which is used for drinking water, and by
industry and agriculture, and should be protected for present and future use.

Groundwater provides the base flow (i.e. the water which feeds rivers all year
round) for surface water systems, many of which are used for water supply and
recreation. In many rivers, more than 50% of the annual flow is derived from
groundwater, which travels a long way.  In low-flow periods in summer, more
than  90%  of  the  flow  in  some  rivers  may  come  from  groundwater.  Hence,
deterioration  of  groundwater  quality  may  directly  affect  other  related  aquatic
and terrestrial ecosystems.

3.

3.1.

3.2.

CURRENT POLICY

Rules to protect against groundwater pollution have been in place since the adoption
of  Directive  80/68/EEC.  This  Directive  provides  a  protection  framework  by
preventing the direct discharge of high priority pollutants (List I) and subjecting the
discharge  of  other  pollutants  (List  II)  to  an  authorisation  procedure  preceded  by  a
thorough investigation on a case-by-case basis. Monitoring is required only for those
specific  cases  of  authorisation  and  is  not  generally  required  for  all  groundwater
bodies.  According  to  Article  22(2)  of  the  WFD,  Directive  80/68/EEC  should  be
repealed in 2013, after which the protection regime should be continued through the
WFD and the present Groundwater Daughter Directive.

The  WFD  requires  the  achievement  of  good  groundwater  status  and  to  that  end
provides for the monitoring of groundwater bodies as well as measures to protect and
restore groundwater. While the WFD provides a general framework for groundwater
protection,  Article 17  of  the  Directive  provides  for  the  adoption  of  specific  criteria
for the assessment of  good chemical status and the identification of significant  and
sustained upward trends and for the definition of starting points for trend reversals.

3.3.

Besides the existing groundwater directive (80/68/EEC) and the WFD, groundwater
protection  also  features  in  other  environmental  legislation  and  policies,  e.g.  the
Landfill  Directive  (99/31/EC),5  the  Drinking  Water  Directive  (80/778/EEC  as

5

OJ L 182, 16.7.1999, p.1

3

                                                
3.4.

4.

4.1.

4.2.

4.3.

amended  by  Directive  98/83/EC),6  the  Nitrate  Directive  (91/676/EEC),7  the  Plant
Protection Products Directive (91/414/EEC),8 the Biocides Directive (98/8/EC)9 and
the Commission Communication Towards a Thematic Strategy for Soil Protection.10

In addition, groundwater protection affects agricultural production. This is reflected
by the cross-reference to Directive 80/68/EEC in the Commission's recent proposals
on  common  rules  relating  to  the  review  of  the  Common  Agricultural  Policy.11
Already,  Regulation  (EC)  No  1259/1999  allows  Member  States  to  make  payments
granted  directly  to  farmers  under  the  various  common  market  organisation  rules
dependent  on  their  compliance  with  national  implementing  rules  on  groundwater
protection.

PREPARATION OF THE PROPOSAL

The debates leading up to final agreement on the Water Framework Directive (which
was  adopted  on  23  October  2000)  were  difficult  and  covered  very  different
conceptual approaches to groundwater protection. As it proved impossible to achieve
agreement  on  detailed  provisions  relating  to  groundwater,  the  WFD  included  a
provision, Article 17, stipulating that the European Parliament and the Council shall
at a future date and on the basis of a proposal from the Commission, adopt specific
measures to prevent and control groundwater pollution. These would include criteria
for assessing the good chemical status of groundwater (Article 17.2a), for identifying
significant  and  sustained  upward  trends,  and  for  defining  a  starting  point  for  trend
reversal (Article 17.2b).

The  Commission  initiated  a  discussion  with  stakeholders  to  prepare  the  proposal
referred  to  in  Article  17(1)  and  (2)  of  the  WFD.  It  established  an  Expert  Advisory
Forum  (EAF)  on  groundwater,  made  up  of  representatives  of  Member  States,
stakeholders  (NGOs,  industrial  associations  and  Commission  departments)  and
observers  from  the  Associated  and  Candidate  Countries.  The  first  meeting  of  the
EAF on Groundwater (on 26 November 2001) discussed an issue paper prepared by
the Commission and provided guidance on the lines to be followed when developing
a legislative proposal on groundwater protection.

An  extended  issue  paper  was  presented  and discussed at the  second  meeting of  the
EAF on Groundwater on 25 and 26 March 2002. The first elements of a legislative
proposal  for  a  groundwater directive were presented at the  third  EAF  Groundwater
meeting on 25 June 2002, and the main draft outline of the GWD was presented at
the fourth EAF Groundwater meeting on 8 October 2002. Overall, the proposal has
received  a  positive  response  from  Member  States.  NGOs  have  been  more  critical
with  respect  to  the  prevent/limit  clauses,  which  they  considered  not  sufficiently
stringent,  and  did  not  agree  with  the  proposal  of  EU  wide  quality  standards  on
nitrates and pesticides, which they found too lax with respect to agricultural pollution

6

7

8

9

10

11

OJ  L  229,  30.8.1980,  p.11.  Directive  as  last  amended  by  Directive  98/83/EC  (OJ  L  330,  5.12.1998,
p.32)
OJ L 375, 31.12.1991, p.1.
OJ L 230, 19.8.1991. Directive as last amended by Directive 98/47/EC (OJ L 191, 7.7.1998, p.50).
OJ L 123, 24.4.1998, p.1.
COM(2002) 179
COM(2003) 23

4

                                                
risks.  The  element  of  the  proposal,  which  gave  rise  to  the  most  comment,  was  the
delay  in  establishing  lists  of  pollutants  and  thresholds.  However,  the  Commission
considers  that  it  is  not  possible  to  establish  lists  at  present  because  there  is  not
enough scientific data.

4.4.

The  GWD  proposal  is  designed  to  complement  the  WFD.  This  already  contains
extensive provisions on groundwater, and in particular on:

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

co-ordinated administration of river basins (Article 3);

environmental  objectives,  in  particular  the  no-deterioration  clause  and  the
protect and limit provisions (Article 4);

requirements  for  analysing  the  characteristics  of  the  river  basin  district,
reviewing  the  environmental  impact  of  human  activity  and  analysing  the
economics of water use (Article 5);

establishment of a register of protected areas (Article 6);

identification  of  waters  for  the  abstraction  of  drinking  water  and  the
establishment of safeguard zones for those bodies of water (Article 7);

monitoring requirements (Article 8);

the  principle  of  recovery  of 
environmental and resource costs (Article 9);

the  costs  of  water  services, 

including

establishment of a programme of measures (Article 11);

issues which cannot be dealt with at Member State level (Article 12);

establishment of a management plan for each river basin district (Article 13);

requirements  for  public  information  and  consultation  (Article  14),  which
should be complemented by education on good environmental practices;

reporting requirements (Articles 15 and 18);

plans for future Community measures (Article 19);

technical adaptations to scientific and technical progress (Article 20);

the Regulatory Committee (Article 21);

repealing clauses and transitional provisions (Article 22);

penalties (Article 23).

5

5.

5.1.

5.2.

5.3.

5.4.

6.

6.1

6.2.

6.3.

OVERVIEW OF THE PROPOSAL

The proposal for a Groundwater Daughter Directive sets out criteria for assessing the
chemical status of groundwater, as required by Article 17.2a of the WFD. It was not
considered appropriate to list new quality standards that would be applied uniformly
to  all  groundwater  bodies  throughout  Europe,  because  of  the  natural  variability  of
groundwater  chemical  composition  and  the  present  lack  of  monitoring  data  and
knowledge. This decision was fully in line with the principles of good governance set
out  in  the  Sixth  Environmental  Action  Programme,12  namely  that  “sound  scientific
knowledge  and  economic  assessments,  reliable  and  up-to-date  environmental  data
and  information,  and  the  use  of  indicators  will  underpin  the  drawing-up,
implementation  and  evaluation  of  environmental  policy”.  Clearly  drinking  water
quality standards would be of only limited value for assessing groundwater quality,
since they are designed to protect human health and are not necessarily appropriate
as  environmental  standards.  The  only  EU-wide  quality  standards  that  are  directly
linked to groundwater protection at this stage are those referring to nitrates (Directive
91/676/EEC), and plant protection and biocidal products (Directive 91/414/EEC and
Directive 98/8/EC respectively). These have therefore been included in the proposal.

A workshop on the BASELINE project held on 27 January 2003 (and funded by DG
RTD  under  the  Fifth  Framework  Programme)  stressed  the  difficulty  of  setting
uniform  quality  standards  for  groundwater,  and  emphasised  the  need  to  consider
aquifer characteristics and pressures from human activity.

The present proposal also establishes criteria for identifying and reversing significant
and  sustained  upward  trends  in  pollution  from  human  activity,  taking  into  account
the  need  to  prioritise  actions  according  to  the  environmental  significance  of  these
trends. It proposes a common methodology for testing the statistical significance of
these trends.

Groundwater  monitoring  requirements  are  covered  by  the  Water  Framework
Directive and so are not repeated in this Directive.

THE ARTICLES OF THE PROPOSAL

The  purpose  of  the  Groundwater  Daughter  Directive  (Article  1)  is  to  establish
specific  measures  to  prevent  and  control  groundwater  pollution.  These  include
special criteria for assessing good chemical status, criteria for identifying significant
and  sustained  upward  trends  in  the  concentration  of  pollutants  in  groundwater  and
criteria for defining the starting points for trend reversals.

Article 2 gives more definitions to supplement the WFD definitions, in particular on
threshold values, significant and sustained upward trends and indirect discharges into
groundwater.

Article 3 establishes criteria for the assessment of good groundwater chemical status,
specifying  the  compliance  regime  for  quality  standards  set  out  in  Annex  I  to  this

12

OJ L 242, 10.9.2002, p.81

6

                                                
6.4.

6.5.

6.6.

6.7.

6.8.

7.

7.1.

Directive  as  well  as  for  threshold  values  for  pollutants,  of  which  requirements  are
developed in the subsequent article.

Article 4 provides requirement regarding pollutant threshold values. For groundwater
bodies  which  are  considered  to  be  at  risk  following  the  analyses  of  pressures  and
impact carried out in accordance with  Article 5 of the WFD, Member States are to
establish  threshold  values  for  pollutants,  the  lists  of  which  are  to  be  reported  by
Member States at the latest on the 22 June 2006, following the recommendations set
out  in  Annex  III  to  the  Directive.  The  Commission  then  has  to  decide  whether  to
propose EU-wide environmental quality standards on the basis of these lists. These
criteria  will  guarantee  that  chemical  status  is  evaluated  in  a  comparable  way
throughout Europe and that any related decision-making is harmonised.

Article  5  sets  out  specific  criteria  for  identifying  significant  and  sustained  upward
trends in pollutant concentrations and for defining starting points for trend reversals.
There are technical specifications in Annex IV to the Directive.

Article  6  introduces  an  additional  provision  to  ensure  that  groundwater  bodies  are
adequately  protected.  In  the  existing  groundwater  directive  (80/68/EEC),  there  are
provisions  (Articles  4  and  5)  for  preventing  and  limiting  the  direct  and  indirect
discharge of dangerous substances into  groundwater.  In  the  WFD  there  are  general
provisions for preventing or limiting the input of pollutants into groundwater and for
preventing  the  deterioration  of  the  status  of  all  bodies  of  groundwater  (Article
4.1(b)(i). In addition, the WFD as part of its basic package of management measures
(Article 11) prohibits, with certain exceptions, the direct discharge of pollutants into
groundwater. However, the WFD says nothing about indirect discharges of pollutants
into groundwater. This means that when Directive 80/68/EEC is repealed there will
be no specific legislation on indirect discharges. Accordingly, Article 6 of this new
Directive is intended to ensure the continuity of the protection regime established by
Directive 80/68/EEC after its repeal by also establishing a link with the list of main
pollutants indicated in Annex VIII of the WFD.

Transitional arrangements (Article 7) ensure continuity of the protection provided by
Directive  80/68/EEC  as  regards  prior  investigation  and  authorisation  of  indirect
discharges.

Based  on  Article 8,  Annexes  II  to  IV  to  the  Directive  may  be  adapted  to  scientific
and technical progress, according to the Committee procedure established in Article
21 of the WFD.

LINK  TO  SUSTAINABLE  DEVELOPMENT  AND  THE  SIXTH  ENVIRONMENTAL  ACTION
PROGRAMME

The  Sixth  Environmental  Action  Programme  (6EAP)  contains  some  objectives  on
the  management  of  natural  resources.  The  overall  objective  is  to  achieve  better
resource efficiency and pollution control. It also calls for a number of measures to be
adopted  to  achieve  these  objectives.  One  of  these  is  the  present  Groundwater
Daughter Directive, which is also part of the broader water policy framework of the
WFD.

7

7.2.

8.

8.1.

9.

9.1.

9.2.

The  assessment  of  chemical  status  is  based  on  selecting  those  pollutants  that  put
groundwater  at  risk  and threshold  values for  those  pollutants  that  take  into  account
the natural variability of European ground waters. This approach is necessary, since
at  present  there  is  not  enough  monitoring  data  and  consolidated  knowledge.  As
mentioned  in  paragraph  5.1,  this  is  fully  in  line  with  the  principles  of  good
governance set out in the 6EAP.

POLITICAL DIMENSION

Groundwater is a resource under increasing pressure from human activities. But for
many  people  it  is  “out  of  sight,  out  of  mind”.  While  the  need  to  protect  drinking
water is well understood because of its environmental value, Member States do not
all  agree  on  how  to  manage  groundwater  protection.  While  most  Member  States
support the concept of good groundwater protection, the majority considers assessing
chemical status on the basis of compliance with a long list of pan-European quality
standards  is  not  the  right  way  to  achieve  this  protection.  However,  there  are  some
Member States that would like to see EU standards established as soon as possible.
Accordingly, the Commission’s proposal envisages listing substances for which EU-
wide standards for  groundwater  already  exist.  For other substances, Member States
should establish threshold values based on the criteria in the proposal. In the light of
the  action  taken  at  national  level,  the  Commission  will  decide  whether  it  is
appropriate  to  make  proposals  to  extend  the  list  of  substances  covered  by  EU
standards.

COST/BENEFIT ANALYSIS

The proposal is accompanied by  an Extended Impact Assessment carried out in the
first  quarter  of  2003.  It  should  be  noted  that  the  total  quality  assessment  costs,  the
costs  of  the  monitoring  and  clean-up  measures  required  by  the  river  basin
management plan, and the administrative costs are already covered under the WFD.
The  proposed  Groundwater  Daughter  Directive  provides  clear  additional
specifications,  which  should  result  in  a  more  harmonised  approach  to  defining  and
monitoring groundwater status than the existing WFD specifications.

The proposal thus represents a cost/benefit improvement over the existing situation.
At  present  there  are  no  common  references  (selected  pollutants  and  related
thresholds)  and  no  common  criteria  for  groundwater,  which  makes  it  difficult  to
achieve  comparable  chemical  status  throughout  Europe.  This  could  result  in
considerable  economic  losses  and  risks.  If  a  body  of  groundwater  is  wrongly
considered to be of  poor chemical status,  unnecessary  restoration measures may be
taken, wasting considerable amounts of money. Conversely, if because of the wrong
data  it  is  considered  to  have  good  chemical  status,  then  evidence  of  deterioration
might be overlooked, together with possible damage to the environment and human
health. Any such doubts will not only have adverse effects on decision-making, but
will also result in a loss of public confidence.

8

2003/0210 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the protection of groundwater against pollution

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article
175(1) thereof,

Having regard to the proposal from the Commission,13

Having regard to the opinion of the European Economic and Social Committee,14

Having regard to the opinion of the Committee of the Regions,15

Acting in accordance with the procedure laid down in Article 251 of the Treaty,16

Whereas:

(1)

(2)

(3)

(4)

13

14

15

16

17

18

Groundwater is a valuable natural resource which should be protected from pollution
in its own right.

Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July
2002  laying  down  the  Sixth  Community  Environment  Action  Programme17  includes
the objective  to  achieve  levels  of  water  quality  that  do  not  give  rise  to  unacceptable
impacts on, and risks to, human health and the environment.

In  order  to  protect  the  environment  as  a  whole,  and  human  health  in  particular,
concentrations of harmful pollutants in groundwater should be  avoided, prevented or
reduced.

Council  Directive  2000/60/EC  of  23  October  2000  establishing  a  framework  for
Community action in the field of water policy18 sets out extensive provisions for the
protection  and  conservation  of  groundwater.  As  provided  for  in  Article  17  of  that
Directive, measures to prevent and  control  groundwater pollution should be  adopted,
including  criteria  for  assessing  good  chemical  status  and  criteria  for  identifying
significant  and  sustained  upward  trends  and  for  defining  starting  points  for  trend
reversals.

OJ C , , p. .
OJ C , , p. .
OJ C , , p. .
OJ C , , p. .
OJ L 242, 10.9.2002, p.81
OJ L 327, 22.12.2000, p.72.

9

                                                
(5)

(6)

(7)

(8)

(9)

Quality standards, threshold values,  and assessment methods  should be  developed  in
order  to  provide  criteria  for  the  assessment  of  the  chemical  status  of  bodies  of
groundwater.

Criteria  need  to  be  established  for  identifying  any  significant  and  sustained  upward
trends in pollutant concentrations and for defining the starting point for trend reversal,
taking into account the likelihood of adverse effects on associated aquatic ecosystems
or dependent terrestrial ecosystems.

By virtue of  Article  22,  paragraph  2,  third  indent,  of  Directive  2000/60/EC,  Council
Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against
pollution  by  certain  dangerous  substances19  will  be  repealed  with  effect  from  22
December 2013. It is necessary to ensure the continuity of the protection regime set up
by Directive 80/68/EEC with regard to both direct and indirect discharge of pollutants
into  groundwater  by  also  establishing  a  link  with  relevant  provisions  of  Directive
2000/60/EC.

It is necessary to provide for transitional measures as regards the period between the
date of implementation of this Directive and the date from which Directive 80/68/EEC
is repealed.

The measures necessary for the implementation of this Directive should be adopted in
accordance  with  Council  Decision  1999/468/EC  of  28  June  1999  laying  down  the
procedures for the exercise of implementing powers conferred on the Commission20,

HAVE ADOPTED THIS DIRECTIVE:

Article 1
Subject matter

This Directive  establishes  specific  measures  as  set  out  in  Article  17(1)  and  (2)  of  Directive
2000/60/EC in order to prevent and control groundwater pollution. These measures include in
particular:

(a)

(b)

criteria for the assessment of good groundwater chemical status; and

criteria for the identification and reversal of significant and sustained upward trends
and for the definition of starting points for trend reversals.

This  Directive  also  establishes  a  requirement  to  prevent  or  limit  indirect  discharges  of
pollutants into groundwater.

19

20

OJ L 20, 26.1.1980, p.43.
OJ C 184, 17.7.1999, p.23.

10

                                                
Article 2
Definitions

For the purposes of this  Directive, the following  definitions shall  apply in  addition  to  those
laid down in Article 2 of Directive 2000/60/EC:

1.

2.

3.

‘threshold  value’  means  a  concentration  limit  for  a  pollutant  in  groundwater,
exceedance of which would cause a body of groundwater or groundwater bodies to
be characterised as having poor chemical status.

‘significant and sustained upward trend’ means  any  statistically  significant  increase
of concentration of a pollutant as compared to concentrations measured at the start of
the  monitoring programme referred to in Article 8 of Directive  2000/60/EC, taking
into consideration quality standards and threshold values.

‘indirect discharges to groundwater’ means discharge of pollutants into groundwater
after percolation through the ground or subsoil.

Article 3
Criteria for assessing good groundwater chemical status

For  the  purposes  of  the  characterisation  to  be  carried  out  under  Article  5  of  Directive
2000/60/EC and under sections 2.1 and 2.2 of Annex II thereto, a body or group of bodies of
groundwater shall be considered as having good groundwater chemical status when:

(a)

(b)

1.

with  regard  to  any  of  the  substances  referred  to  in  column  1  of  Annex  I  to  this
Directive,  the  measured  or  predicted  concentration  does  not  exceed  the  quality
standards laid down in column 2 thereof;

with regard to any other polluting substances, it can be demonstrated, in accordance
with the indications given in Annex II to this Directive, that the concentration of the
substance complies with indent 3 of the definition set out in section 2.3.2 of Annex V
to Directive 2000/60/EC.

Article 4
Threshold values

On  the  basis  of  the  characterisation  process  to  be  carried  out  under  Article  5  of
Directive  2000/60/EC  and  under  sections  2.1  and  2.2  of  Annex  II  thereto,  in
accordance  with  the  procedure  described  in  Annex  II  to  this  Directive,  and  taking
account  of  the  economic  and  social  costs,  Member  States  shall,  by  22  December
2005,  establish  threshold  values  for  each  of  the  pollutants,  which  within  their
territory  have  been  identified  as  contributing  to  the  characterisation  of  bodies  or
group of bodies of groundwater as being at risk. Member States shall as a minimum
establish threshold values for the pollutants referred to in parts A.1 and A.2 of Annex
III to this Directive. These threshold values shall inter alia be used for the purposes
of  carrying  out  the  review  of  groundwater  status  as  provided  for  in  Article  5.2  of
Directive 2000/60/EC.

11

2.

3.

Those threshold values can be established at  the  national  level,  at  the  level  of  the
river basin district or at the level of body or group of bodies of groundwater.

At the latest by 22 June 2006, Member States shall provide the Commission with a
list  of  all  pollutants  for  which  they  have  established  threshold  values.  For  each
pollutant on the list, Member States shall provide the information set out in part B of
Annex III to this Directive.

On  the  basis  of  the  information  provided  by  Member  States  in  accordance  with
paragraph 2, the Commission shall publish a report, accompanied, if appropriate, by
a proposal for a directive amending Annex I to this Directive.

Before publishing the report and before adopting any legislative proposals amending
Annex I to this Directive, the Commission shall seek the opinion of the Committee
referred to in Article 16(5) of Directive 2000/60/EC.

Article 5
Criteria for the identification of significant and sustained upward trends and the
definition of starting points for trend reversals

Member States shall identify any significant and sustained upward trend of concentrations of
pollutants found in bodies of groundwater, or groups of bodies, and define the starting point
for reversing that trend, in accordance with Annex IV to this Directive.

For those bodies of  groundwater  where significant  and  sustained upward  trends in pollutant
concentrations are identified, Member States shall reverse the trend through the programme of
measures referred to in Article 11 of Directive 2000/60/EC, in order progressively to reduce
pollution of groundwater.

Article 6
Measures to prevent or limit indirect discharges into groundwater

In addition to the basic measures set out in Article 11(3) of Directive 2000/60/EC, Member
States shall ensure that the programme of measures  for each river basin district includes the
prevention of indirect discharges to groundwater of any of the pollutants referred to in points
1 to 6 of Annex VIII to that Directive.

Furthermore,  with  regard  to  the  pollutants  referred  to  in  points  7  to  12  of  Annex  VIII  to
Directive 2000/60/EC,  the  programme  of  measures  set  out  in  Article  11(3)  of  that  directive
shall include the provision that any indirect discharges to groundwater shall only be permitted
on  condition  that  the  discharges  does  not  put  at  risk  the  achievement  of  good  groundwater
chemical status.

Article 7
Transitional arrangements

In the period between [insert date of implementation as in Article 9(1) of this Directive] and
the 22 December 2013 prior investigations and authorisations pursuant to Articles 4 and 5 of
Directive 80/68/EEC shall take into account the requirements set out in Articles 3, 4 and 5 of
this Directive.

12

Article 8
Technical adaptations

Annexes  II  to  IV  to  this  Directive  may  be  adapted  to  scientific  and  technical  progress  in
accordance  with  the  procedure  referred  to  in  Article  21(2)  of  Directive  2000/60/EC,
considering  the  period  of  reviews  and  updating  of  the  river  basin  management  plan,  as
referred to in Article 13(7) of Directive 2000/60/EC.

Article 9
Implementation

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative  provisions
necessary to  comply  with  this  Directive  at  the  latest  [18  months  after  the  date  of  entry  into
force of this Directive]. They shall forthwith inform the Commission thereof. When Member
States  adopt  those  provisions,  they  shall  contain  a  reference  to  this  Directive  or  be
accompanied by such a reference on the occasion of their official publication. Member States
shall determine how such reference is to be made.

Article 10
Entry into force

This  Directive  shall  enter  into  force  on  the  twentieth  day  of  its  publication  in  the  Official
Journal of the European Union.

Article 11
Addressees

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament
The President

For the Council
The President

13

ANNEX I

GROUNDWATER QUALITY STANDARDS

Pollutant

Quality
standards21,
22

Comment

The  quality  standard  applies  to  all  bodies  of
groundwater, with the exception of the nitrate-
vulnerable  zones  identified  under  Directive
91/676/EEC.23  For  these  areas,  Article  4(1)(c)
of Directive 2000/60/EC applies.

Nitrates

50 mg/l

0.1 µg/l

ingredients 

Active 
in
pesticides,  including  their
relevant 
metabolites,
degradation  and  reaction
products24

21

22

23

24

Where for a given body of groundwater, it is considered that the groundwater quality standards could
result in failure to achieve the environmental objectives specified in Article 4 of Directive 2000/60/EC
for  associated  surface  waters  or  result  in  any  significant  diminution  of  the  ecological  or  chemical
quality of such bodies, or any significant damage to terrestrial ecosystems which depend directly on the
body of groundwater, more stringent threshold values shall be established in accordance with Article 4
and Annex IV to this Directive.
Compliance  with  the  standards  shall  be  based  on  a  comparison  with  the  arithmetic  means  of  the
monitoring  values  at  each  of  the  sampling  points  in  the  body  or  group  of  bodies  of  groundwater
characterised  as  being  at  risk  pursuant  to  the  analysis  to  be  carried  out  under  Article  5  of  Directive
2000/60/EC.
OJ L 375, 31.12.1991, p. 1.
Pesticides refer to plant protection products and biocidal products as defined by Article 2 of Directive
91/414/EEC and Article 2 of Directive 98/8/EC, respectively.

14

                                                
ANNEX II

ASSESSMENT OF GROUNDWATER CHEMICAL STATUS FOR POLLUTANTS
FOR WHICH COMMUNITY QUALITY STANDARDS DO NOT EXIST

The  assessment  procedure  for  testing  compliance  to  good  groundwater  chemical  status  for
pollutants for which Community quality standards do not exist shall be carried out in relation
to  all  bodies  of  groundwater  characterised  as  being  at  risk  and  in  relation  to  each  of  the
pollutants  which  contribute  to  the  body  or  group  of  bodies  of  groundwater  being  so
characterised.

The assessment procedure shall in particular address the following issues:

(a)

(b)

(c)

(d)

(e)

(f)

the  information  collected  as  part  of  the  characterisation  to  be  carried  out  under
Article  5  of  Directive  2000/60/EC  and  under  sections  2.1  and  2.2  of  Annex  II
thereto;

environmental quality objectives and other standards for water protection that exist at
national, Community or international level;

any  relevant  information  concerning  the  toxicology,  ecotoxicology,  persistence  and
bioaccumulation potential concerning the pollutant or related substances;

the estimated amounts and the  concentrations of the pollutants transferred from the
body  of  groundwater  to  the  associated  surface  waters  and/or  dependent  terrestrial
ecosystems;

the  estimated  impact  of  the  amounts  and  concentrations  of  the  pollutants  as
determined  in  (d)  on  the  associated  surface  waters  and  dependent  terrestrial
ecosystems;

an assessment based on (d) and (e) as to whether the concentrations of the pollutants
in  the  body  of  groundwater  are  such  as  would  result  in  failure  to  achieve  the
environmental  objectives  specified  in  Article  4  of  Directive  2000/60/EC  for
associated  surface  waters  or  any  significant  deterioration  of  the  ecological  or
chemical quality of such bodies or any significant  damage to  terrestrial  ecosystems
which depend directly on the body of groundwater.

15

ANNEX III

THRESHOLD VALUES FOR GROUNDWATER POLLUTANTS

PART A.1: MINIMUM LIST OF SUBSTANCES OR IONS, WHICH MAY BOTH OCCUR NATURALLY AND
AS A RESULT OF HUMAN ACTIVITIES, FOR WHICH MEMBER STATES ARE REQUIRED TO
ESTABLISH THRESHOLD VALUES IN ACCORDANCE WITH ARTICLE4.225

Substance or ion

Ammonium

Arsenic

Cadmium

Chloride

Lead

Mercury

Sulphate

PART A.2: MINIMUM LIST OF MAN-MADE SYNTHETIC SUBSTANCES FOR WHICH MEMBER STATES

ARE REQUIRED TO ESTABLISH THRESHOLD VALUES IN ACCORDANCE WITH ARTICLE 4.2

Substance

Trichloroethylene

Tetrachloroethylene

25

This  list  should  be  complemented  by  Member  States  for  all  pollutants  which  have  been  identified  to
characterise bodies of groundwater at being at risk following the analysis carried out under Article 5 of
Directive 2000/60/EC.

16

                                                
PART B: INFORMATION TO BE PROVIDED BY MEMBER STATES WITH REGARD TO THE LIST OF

POLLUTANTS FOR WHICH THRESHOLD VALUES HAVE BEEN DETERMINED

In  accordance with Article  4(2) and section  2  of  Annex  II  to  this  Directive,  for  each  of  the
pollutants  that  characterise  bodies  of  groundwater  as  being  at  risk,  Member  States  shall
provide as a minimum the following information:

1.

1.1

1.2

2.

2.1

2.2

2.3

INFORMATION ON BODIES OF GROUNDWATER CHARACTERISED AS BEING AT RISK

Information on the number of bodies of groundwater characterised as being at risk in
which the selected pollutants contribute to this classification.

Information on each of the bodies  of  groundwater characterised  as being at  risk, in
particular the size of the bodies, the relationship between the bodies of groundwater
and the associated surface waters and dependent terrestrial ecosystems and, in case of
naturally occurring substances, the background levels in the bodies of groundwater.

INFORMATION ON THE ESTABLISHMENT OF THRESHOLD VALUES

The threshold values, whether they apply at the national level, or at the level of the
river basin district, or for individual bodies or groups of bodies of groundwater.

The relationship between the threshold values and, in the case of naturally occurring
substances, the observed background levels.

The  manner  in  which  economic  and  social  costs  were  taken  into  account  in
establishing the threshold values.

17

ANNEX IV

IDENTIFICATION AND REVERSAL OF SIGNIFICANT AND SUSTAINED
UPWARD TRENDS

1.

IDENTIFICATION OF SIGNIFICANT AND SUSTAINED UPWARD TRENDS

1.1

1.2

1.3

1.4

Member  States  shall  identify  significant  and  sustained  upward  trends,  taking  into
account the following requirements:

In accordance with Section 2.4 of Annex V to Directive 2000/60/EC, the monitoring
programme shall be adjusted to detect any significant and sustained upward trends of
concentrations of the pollutants identified pursuant to Article 4 of this Directive.

The procedure for the identification of significant and sustained upward trends shall
be based on the following procedure:

(a)

(b)

(c)

the assessment shall be based on arithmetic mean values of the mean values of
the  individual  monitoring  points  in  each  bodies  or  groups  of  bodies  of
groundwater bodies, as calculated on the basis of a quarterly, a half-yearly or
an annual monitoring frequency.

in order to avoid bias in trend identification, all measurements below the limit
of quantification shall be eliminated for the calculation.

the minimum number of data values and the minimum length of time series are
laid down in the following table. The time series shall not exceed 15 years.

Monitoring
frequency

Annual

Half-yearly

Quarterly

Minimum number
of years

Maximum
number of years

Minimum number
of measurements

8

5

5

15

15

15

8

10

15

(d) The  missing  of  two  or  more  subsequent  data  values  should  be  avoided,  and
further requirements on the sampling scheme shall be  considered to allow for
calculations of reliable results.

The identification of significant and sustained upward trends in the concentrations of
substances  which  occur  both  naturally  and  as  a  result  of  human  activities  shall
consider  data  gathered  before  the  start  of  the  monitoring  programme  in  order  to
report on trend identification within the first River Basin Management Plan set out in
Article 13 of Directive 2000/60/EC.

Specific  trend  assessment  shall  be  carried  out  for  relevant  pollutants  in  bodies  of
groundwater that are affected by point sources of pollution, including historical point
sources, in order to verify that plumes from contaminated sites do not expand over a
defined area and deteriorate the chemical status of the groundwater body.

18

1.5

1.6

2.

2.1

2.2

2.3

2.4

2.5

2.6

Similarly, specific trend assessment shall be performed in those areas of groundwater
bodies  in  which  significant  and  sustained  upward  trends  of  concentrations  of  any
pollutants  identified  pursuant  to  Article  4  of  this  Directive  might  result  in  adverse
effects  on  associated  aquatic  ecosystems  or  dependent  terrestrial  ecosystems,  or
interference with existing or future uses of groundwater.

The  identification  of  significant  and  sustained  upward  trends  shall  be  based  on  the
procedure  for  the  assessment  of  chemical  status  specified  in  Annex  II  to  this
Directive.

STARTING POINTS FOR TREND REVERSALS

Trend reversals shall be focused on trends which present a risk of harm to associated
aquatic  ecosystems,  directly  dependent  terrestrial  ecosystems,  human  health  or
legitimate uses of the water environment.

The  procedure  for  identifying  the  starting  point  for  a  trend  reversal  shall  be
established  on  a  time  basis,  and  at  the  minimum  on  the  basis  of  monitoring  data
collected  in  accordance  with  Article  8  of  Directive  2000/60/EC.  In  this  case,  the
reference points shall correspond to the start of the monitoring programme.

The minimum number of measurement values and the minimum length of time series
for  the  analysis  of  trend  reversal  in  years  includes  and  depends  on  the  selected
monitoring frequency according to paragraph 1.2 item (c) of this Annex and is laid
down in the following table. The time series shall not exceed 30 years.

Monitoring
frequency

Annual

Half-yearly

Quarterly

Minimum number
of years

Maximum
number of years

Minimum number
of measurements

14

10

10

30

30

30

14

18

30

There is a trend reversal if in the first section the slope of the trend line is positive,
and  in  the  second  section  negative.  To  allow  for  a  reliable  assessment  of  the  trend
reversal, it shall be ensured that the number of values before  and after the break in
the time series is adequate to the monitoring frequency.

The  decision  for  reversing  a  trend  shall  also  be  based  on  the  environmental
significance  of  the  upward  and  sustained  increase  in  pollutant  concentrations.  As  a
recommended value, and in accordance with Article 17(4) of Directive 2000/60/EC,
the starting point for trend reversal shall be at a maximum of 75% of the level of the
quality  standards  set  out  in  Annex  I  and/or  of  the  threshold  values  established
pursuant to Article 4.

If data obtained earlier than the start of the monitoring programme exist, they should
be used for establishing the reference points for the identification of the starting point
for trend reversal.

19

2.7

Once  a  reference  point  has  been  established,  pursuant  to  paragraphs  2.1  and  2.2
above, it shall be used for the groundwater bodies characterised as being at risk and
the associated substance, and shall not be changed.

20