Opinion of the European Economic and Social Committee on the ‘proposal for a Directive of the European Parliament and of the Council on the protection of groundwater against pollution’ (COM(2003) 550 final - 2003/0210 (COD))
Date: 2004-03-31
Institutions: European Economic and Social Committee
Subjects: EU environmental policy, dangerous substance, groundwater, pollution control measures, water protection

C 112/40

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Official Journal of the European Union

30.4.2004

Opinion of the European Economic and Social Committee on the ‘proposal for a Directive of the
European Parliament and of the Council on the protection of groundwater against pollution’

(COM(2003) 550 final - 2003/0210 (COD))

(2004/C 112/11)

On 3 October 2003 the Council decided to consult the European Economic and Social Committee, under
Article 175(1) the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Agriculture, Rural Development and the Environment, which was responsible for preparing
the Committee's work on the subject, adopted its opinion on 4 March 2004. The rapporteur was Ms
Sánchez Miguel.

At its 407th plenary session of 31 March and 1 April 2004 (meeting of 31 March 2004), the European
Economic and Social Committee adopted the following opinion by 97 votes and one abstention.

1.

Introduction

1.1 With the entry into force of the Water Framework Direc-
tive (WFD) (1) the rules for implementing its legislative content
must be adjusted, so that its main objective – to protect the
European aquatic environment – can be fully achieved. A
number of provisions (2) have already been put forward for this
purpose, fleshing out the practical aspects of water protection,
in particular
the directive establishing the list of priority
substances in the field of water policy (3), which is of great
importance for dealing with pollution of groundwater.

At present, protection of groundwater

1.2
is basically
governed by Directive 80/68/EEC (4) determining the dangerous
substances which pollute such waters, and by Article 17 of the
WFD, constituting the fundamental legislation for preventing
and controlling pollution of this aspect of the environment.

Protection of groundwater must be one of the main aims
1.4
of European legislation,
in order to deal with and prevent
existing and future pollution. Contamination of groundwater is
difficult and expensive to put right. The impact on abstraction
of drinking water is significant; consequently boosting protec-
tion is a basic objective of all protection standards – not only
of water, but also of human health and public quality of life.

1.5 When the WFD came into effect, its Article 17 became
the basic rule imposing protection of this type of water from
pollution, as part of the general framework of regulation of
Community waters.
It should however be pointed out that
since this is an area affected by other Community policies such
as the CAP, industrial policy, health policy, etc., legislation on
specific aspects of protection also apply. Examples include the
directives on drinking water (5), nitrates (6), plant protection
products (7) and biocidal products (8).

2. Content of the proposal

The importance of groundwater has been made abun-
1.3
dantly clear, not only as a vital source of domestic supply and
for a range of human activities, but also as a corrective factor
for surface water. Groundwater protection should therefore be
looked at again, since in addition to direct pollution, ground-
water is affected by diffuse pollution as a result of various
processes (leaching, filtration of pollutants, etc.) over a period
of years, and this is increasingly causing declining quality and
deterioration of aquifers.

(1) OJ L 327 of 22.12.2000, pp. 1-72.
(2) European Parliament and Council Decision establishing the list of
priority substances in the field of water policy, COM(2000) 47 final;
Communication from the Commission to the Council, the European
Parliament and the Economic and Social Committee on Pricing poli-
cies for enhancing the sustainability of water resources, COM(2000)
477 final.

(3) COM(2003) 847 final. Codified version 7.1.2004, on the aquatic
environment of the Community. It does not include groundwater.

(4) OJ L 20 of 26.1.1980, p. 43.

to ensure good groundwater chemical

2.1
The present proposal for a directive was prompted by
the requirement set out in Article 17 for specific measures to
be adopted to prevent and control groundwater pollution in
order
status. The
measures are to be adopted within two years following the
entry into force of the WFD (i.e. 2006). It should however be
pointed out that the standards contained in the present draft
directive fall within the scope of the WFD, and consequently it
is not necessary to repeat the provisions contained in the WFD,
particularly with regard to environmental objectives, coordi-
nated administration of river basins authorities which are to
hold the groundwater registers,
identification of waters for
abstraction of drinking water and safeguard zones for them,
public information and consultation requirements, etc.

(5) Amended directive 98/83/EC (OJ L 330 of 5.12.1998, p. 32).
(6) Directive 91/676/EEC (OJ L 375 of 31.12.1991, p. 1).
(7) Amended directive 98/47/EC (OJ L 191 of 7.7.1998, p. 50).
(8) Directive 98/8/EC (OJ L 123 of 24.4.1998, p. 1).

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The overall purpose of

2.2
is to introduce
specific measures to prevent and control groundwater pollu-
tion, through the application of the following criteria:

the proposal

3.3
The integration of all Community standards relating to
groundwater, pesticides, biocides etc. is also to be welcomed,
since it enables horizontal application of all policies having an
impact on water quality. This horizontal approach should also
embrace further legislative measures extending quality criteria.

— assessment of the good chemical status of groundwater;

— identification of significant and sustained upward trends in
the concentration of pollutants and definition of starting
points for trend reversals.

2.3
The conditions are laid down under which the Member
States must set the threshold values for each pollutant listed in
Annex III, so that they can be used as references for the review
of groundwater status as provided for in the WFD.

A requirement

is introduced to the effect

2.4
the
Member States must establish measures in addition to those
contained in the WFD to prevent and limit indirect discharges
into groundwater which affect good groundwater chemical
status.

that

implementation of

In this connection,

3.4
the European
standards relating to lists of established pollutants (1) (although
they refer to surface water) and thresholds should perhaps be
included in the content of Annex I of the present draft direc-
tive. This outcome would be more beneficial for the quality of
groundwater, since a greater number of substances which can
produce diffuse pollution would be covered.

The EESC welcomes the inclusion of statistics on signifi-
3.5
cant and sustained upward trends of concentrations of pollu-
tants, as stipulated in Annex IV, since this reflects the mandate
set out in Annex V of the WFD which enables the Member
States to identify trends over harmonised periods of time so as
to take account not only of river basin plans, but also of the
climate and soil conditions of each European region.

2.5
The annexes lay down quality standards, procedures for
the assessment of chemical status and threshold values for
groundwater pollutants. The content of Annex IV is of particu-
lar importance, concerning the identification and reversal of
significant and sustained upward trends to be carried out by
the Member States.

3.6 However,
in order to ensure greater accuracy and to
avoid misinterpretations of statistics, the Commission should
introduce more specific criteria concerning the parameters,
indicators, conversion functions, etc., making it possible to
compare the effects of this directive.

3. General comments

3.1
The EESC views the proposal for a directive, based on
consultation and discussion with the parties concerned, as posi-
tive and in particular welcomes the fact that it entails the estab-
lishment of a new methodology for analysing the status of
groundwater in the EU compared to Directive 80/68/EEC. In
this way, the criterion of integrating water policy as a whole
into river basin plans, which requires an inventory of all
groundwater bodies, can be brought into line with the geogra-
phical aspects of the measures adopted.

3.2 However,
the list of pollutants affecting groundwater
quality may be considered restrictive. Although there is a large
proportion of nitrates and plant health products, other
processes should be considered, such as filtration from petrol
storage installations, leaching from industrial sites and, most of
all,
in coastal
regions, especially in the Mediterranean basin, triggering the
progressive salination of such areas.

the effects of over-exploitation of aquifers

3.7
The procedure for notification of the list of pollutants
for which threshold values have been determined, which the
Member States must provide by 22 June 2006, is of key impor-
tance in terms of the information which must figure in river
basin plans for bodies of groundwater.

The system for

3.8
informing and consulting interested
parties (2), farmers, NGOs and trade unions is of great impor-
tance in this context, as is the possibility of steps to ensure it is
used properly. The system for approving river basin plans
should therefore be strengthened by means of a public system
for the information and participation of all those involved. It
would be advisable for the Commission to draw up reports to
check on the satisfactory conduct of such consultations.

(1) European Parliament and Council Decision establishing the list of
priority substances in the field of water policy. 13 March 2000.
Committee opinion in OJ C 268 of 19.9.2000.

(2) Article 14 of the WFD establishes a broad public information and
consultation system for the preparation of river basin management
plans, which may be reinforced by the Aarhus Convention, in the
Proposal
for a Regulation and Directive. EESC rapporteur: Ms
Sánchez Miguel.

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impact etc.

3.9
The EESC believes that follow-up to Article 5 and Annex
II.2 of the WFD, governing the characteristics of the geogra-
phical area, environmental
It is also
necessary to assess the impact of human activity so that all
sources affecting groundwater bodies are taken into account in
river basin plans. Similarly, implementation of the WFD's other
annexes must be ensured, since otherwise paragraphs 4 and 5
of Article 17 are applicable, allowing the Member States to
establish the criteria for reversing the groundwater quality
trend.

is needed.

Clarification is required on the conditions under which
3.10
indirect discharges, e.g.
including diffuse pollution, may be
authorised through the programme of basic measures set out in
Article 11(3) of the WFD. The key problem in the event of
indirect discharges is the absence or limited usefulness of the
authorisations; moreover,
they give rise to a considerable
proportion of diffuse pollution.

policy

Environmental

3.11
necessary
research into new water technologies (1) should be tied in with
the 6th Research Programme, so that academic and company
research departments can be involved in enhancing systems for
improving and restoring the European aquatic environment.

concerning

the

3.12
Lastly, regarding the cost-benefit analysis which will
accompany the new provisions, it should be pointed out that
such an analysis has been carried out for all waters through the
assessment of the river basin monitoring and clean-up costs.
Nevertheless, the proposal provides specific, clearer measures
which will apply a more uniform approach in determining the
state of groundwater. As a result, it will be possible to avoid
funds being allocated for comparison of bodies of groundwater
using different parameters, which would generate avoidable
costs. The harmonised criteria will prevent such avoidable costs
being incurred (2).

water, including groundwater, it should be borne in mind that
some Member States have not even transposed the WFD. The
system of river basin pilot projects applied by the Environment
DG (some 50 of which are currently under way) could be
extended to groundwater bodies, in such a way as to prompt
the Member States to work more efficiently and swiftly to
survey and assess such waters and take the appropriate action.

4.2
The general characterisation of groundwater bodies
required by the WFD in order to assess their environmental
quality should include, among other data, diffuse sources of
pollution. The draft directive mentions among such sources
‘indirect discharges’ after percolation from the ground or
subsoil, excluding all other sources of pollution which may
affect good water chemical status.

4.2.1
The first point which must be highlighted is the exis-
tence of other current Community legislation using different
quality standards to those contained in the present proposal,
such as the drinking water directive, and the nitrates (3) and
pesticides (4) directives.

4.2.1.1
In line with the quality parameters set out in other
directives on water quality concerning their main use (domestic
consumption or agriculture), and using the scientific and tech-
nical information derived from the planning required under the
WFD (uses of water in river basins, establishment of values for
determining good chemical status), it is possible to determine
threshold values for a larger number of substances than the few
contained in the present proposal.

4.2.1.2
The appropriate authorities also have other rigor-
ously tested sources of information resulting from the applica-
tion of other instruments, such as IPPC Directive 96/61/EEC (5)
which sets threshold values for some 26 water pollutants.

4. Specific comments

4.1
The Committee considers the draft directive on ground-
water to be particularly significant, since uniform data on the
quality of bodies of groundwater in the EU are presently
lacking. Although under the WFD currently in force, all river
basin plans are obliged to include an inventory of all bodies of

(1) Committee opinion on an action plan for environmental

tech-

nology, OJ C 32 of 5.2.2004.

(2) Annex III of the proposal lays down threshold values facilitating
harmonisation of substances, albeit on a minimum basis. Moreover,
the information to be provided by the Member States on bodies of
groundwater at risk from pollution will facilitate appropriate action,
thereby reducing the restoration costs.

4.2.2
Secondly, concerning the lists of pollutants set out in
Annex I and the substances in Annex III to the proposal, it
would be advisable – even given their minimum content – to
extend the list to cover the content of Annex VIII of the WFD,
since it is referred to in Article 6 of the proposal.

4.2.3
nise all the groundwater quality parameters from 2007.

In the light of the above, the Commission must harmo-

(3) Directive 91/676/EEC (OJ L 375 of 31.12.1991).
(4) Directive 91/414/EEC (OJ L 230 of 19.8.1991).
(5) Proposal for an amendment to the IPPC Directive, COM(2003) 354

final, EESC opinion OJ C 80 of 30.3.2004.

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4.3
Lastly, the permission which may be granted for indirect
discharges under Article 6 of the proposal must be modelled
on the provisions set out in Article 11(3)(j) of the WFD which
prohibits direct discharges of pollutants into groundwater, with
no room for deviation from them by the granting authorities,
as stipulated in Article 6.

4.5
Lastly, the Commission should be reminded that coop-
eration and coordination between all the Community institu-
tions, especially the Commission DGs, is essential if the envir-
onmental objectives put forward in the 6th programme are to
be achieved. They must avoid any repetition, differences and,
most of all, duplication in the use of public funds.

information which is

4.5.1
In this regard, the Committee considers it a priority to
compile and process the all existing scientific, technical and
social
scattered among
numerous academic and administrative bodies, institutions etc.,
as this would be of enormous help to the Commission in
implementing the various directives
concerned with the
management of the EU's water resources.

currently

The President

of the European Economic and Social Committee

Roger BRIESCH

4.4
The EESC reiterates the importance of informing and
involving the parties concerned in the application of the provi-
sions regarding water and urges that the new provisions (1)
implementing the Aarhus Convention be taken into account.
The Convention facilitates information, participation and access
to legal redress concerning environmental policy not only in
the Member States but also in the Community institutions.

Brussels, 31 March 2004

(1) See Commission Proposal for a Regulation of the European Parlia-
ment and of the Council on the application of the provisions of the
Århus Convention on Access to Information, Public Participation in
Decision-making and Access to Justice in Environmental Matters to
EC institutions and bodies (COM(2003) 622 final) and Commission
Proposal for a Directive of the European Parliament and of the
Council on access to justice in environmental matters (COM(2003)
624 final).