Common Position (EC) No 4/2006 of  23 January 2006  adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Directive of the European Parliament and of the Council on the protection of groundwater against pollution
Date: 2006-01-23
Institutions: Council of the European Union
Subjects: EU environmental policy, environmental law, environmental standard, groundwater, pollution control, prevention of pollution, water pollution, water protection

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I

(Information)

COUNCIL

COMMON POSITION (EC) No 4/2006

adopted by the Council on 23 January 2006

with a view to adopting Directive 2006/…/EC of the European Parliament and of the Council of …
on the protection of groundwater against pollution

(2006/C 126 E/01)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,

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

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

Having regard to the opinion of
Regions (2),

the Committee of

the

Acting in accordance with the procedure laid down in Article
251 of the Treaty (3),

Whereas:

(1)

(2)

is a valuable natural

Groundwater
resource which
should be protected from chemical pollution. This is
groundwater-dependent
for
particularly
ecosystems and for the use of groundwater in water
supply for human consumption.

important

Decision No 1600/2002/EC of the European Parliament
and of the Council of 22 July 2002 laying down the
Sixth Community Environment Action Programme (4)
includes the objective to achieve water quality levels that
do not give rise to significant impacts on, and risks to,
human health and the environment.

(1) OJ C 112, 30.4.2004, p. 40.
(2) OJ C 109, 30.4.2004, p. 29.
(3) Opinion of the European Parliament of 28 April 2005 (OJ C 45 E,
23.2.2006, p. 75), Council common position of 23 January 2006
and Decision of the European Parliament (not yet published in the
Official Journal).

(4) OJ L 242, 10.9.2002, p. 1.

(3)

(4)

(5)

(6)

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

Directive 2000/60/EC of the European Parliament and of
the Council of 23 October 2000 establishing a frame-
work for Community action in the field of water
policy (5) sets out general 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
assessing good groundwater
for
chemical status and criteria for the identification of
significant and sustained upward trends and for the defi-
nition of starting points for trend reversals.

criteria

Having regard to the need to achieve consistent levels of
protection for groundwater, quality standards
and
threshold values should be established, and methodolo-
gies based on a common approach should be developed,
in order to provide criteria for the assessment of the
chemical status of bodies of groundwater.

Quality standards for nitrates, plant protection products
and biocides should be set as Community criteria for the
assessment of the chemical status of bodies of ground-
water, and consistency should be ensured with Council
Directive 91/676/EEC of 12 December 1991 concerning
the protection of waters against pollution caused by
nitrates from agricultural sources (6), Council Directive
91/414/EEC of 15 July 1991 concerning the placing of

(5) OJ L 327, 22.12.2000, p. 1. Directive as amended by Decision No

2455/2001/EC (OJ L 331, 15.12.2001, p. 1).

(6) OJ L 375, 31.12.1991, p. 1. Directive as amended by Regulation
(EC) No 1882/2003 of the European Parliament and of the Council
(OJ L 284, 31.10.2003, p. 1).

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(7)

(8)

(9)

(10)

(11)

plant protection products on the market (1), and Direc-
tive 98/8/EC of the European Parliament and of the
Council of 16 February 1998 concerning the placing of
biocidal products on the market (2) respectively.

Groundwater chemical status provisions do not apply to
high naturally-occurring concentrations of substances or
ions or their indicators, contained either in a body of
groundwater or in associated bodies of surface water,
due to specific hydro-geological conditions, which are
not covered by the definition of pollution. Equally, they
do not apply to temporary, spatially-limited changes in
flow direction and chemical composition, which are not
regarded as intrusions.

(13)

(14)

(15)

should be
In certain circumstances, Member States
authorised to grant exemptions
to
prevent or limit the input of pollutants into ground-
water.

from measures

It is necessary to provide for transitional measures to
apply during the period between the date of implemen-
tation of this Directive and the date from which Direc-
tive 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 Commission (4),

Criteria should be established for the identification of
any significant and sustained upward trends in pollutant
concentrations and for the definition of
the starting
point for trend reversal, taking into account the likeli-
hood of adverse effects on associated aquatic ecosystems
or dependent terrestrial ecosystems.

Member States should, where possible, use statistical
procedures, provided they comply with international
standards and contribute to the comparability of results
of monitoring between Member States over
long
periods.

In accordance with the third indent of Article 22(2) of
Directive 2000/60/EC, Council Directive 80/68/EEC of
17 December 1979 on the protection of groundwater
against pollution by certain dangerous substances (3) is
to be repealed with effect from 22 December 2013. It is
necessary to ensure the continuity of
the protection
provided by Directive 80/68/EEC with regard to
measures aimed at preventing or limiting both direct
and indirect inputs of pollutants into groundwater.

is necessary to distinguish between hazardous
It
inputs of which should be prevented, and
substances,
inputs of which should be limited.
other pollutants,
Annex VIII to Directive 2000/60/EC,
listing the main
pollutants relevant for the water environment, should be
used
non-hazardous
hazardous
substances which present an existing or potential risk of
pollution.

identify

and

to

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Purpose

This Directive establishes specific measures as provided
1.
for 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) criteria for the assessment of good groundwater chemical

status; and

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

also

complements

This Directive

2.
provisions
preventing or limiting inputs of pollutants into groundwater
to
already contained in Directive 2000/60/EC, and aims
prevent the deterioration of the status of all bodies of ground-
water.

the

Article 2

Definitions

(12)

In order to ensure consistent protection of groundwater,
Member States sharing bodies of groundwater should
coordinate their activities in respect of monitoring, the
setting of threshold values, and the identification of rele-
vant hazardous substances.

(1) OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commis-

sion Directive 2006/19/EC (OJ L 44, 15.2.2006, p. 15).

(2) OJ L 123, 24.4.1998, p. 1. Directive as amended by Regulation (EC)

No 1882/2003.

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

(1) ‘groundwater quality standard’ means an environmental
quality standard expressed as the concentration of a par-
ticular pollutant, group of pollutants or indicator of pollu-
tion in groundwater, which should not be exceeded in
order to protect human health and the environment;

(3) OJ L 20, 26.1.1980, p. 43. Directive as amended by Directive

91/692/EEC (OJ L 377, 31.12.1991, p. 48).

(4) OJ L 184, 17.7.1999, p. 23.

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(2) ‘threshold value’ means a groundwater quality standard set

by Member States in accordance with Article 3;

Article 13 of Directive 2000/60/EC, and including a summary
of the information set out in Part C of Annex II.

(3) ‘significant and sustained upward trend’ means any statisti-
cally significant increase of concentration of a pollutant,
group of pollutants, or
indicator of pollution, which
presents an environmental risk for which trend reversal is
identified as being necessary in accordance with Article 5;

(4) ‘input of pollutants into groundwater’ means the direct or
indirect introduction of pollutants into groundwater as a
result of human activity.

Article 3

Criteria for assessing groundwater chemical status

For the purposes of the assessment of the chemical status
1.
of a body or a group of bodies of groundwater pursuant to
Section 2.3 of Annex V to Directive 2000/60/EC, Member
States shall use the following criteria:

(a) groundwater quality standards as referred to in Annex I;

(b) threshold values to be established by Member States in
accordance with the procedure set out in Part A of Annex
II for the pollutants, groups of pollutants and indicators of
pollution which, within the territory of a Member State,
have been identified as contributing to the characterisation
of bodies or groups of bodies of groundwater as being at
risk, taking into account at least the list contained in Part B
of Annex II.

2.
Threshold values can be established at the national level,
at the level of the river basin district or the part of the interna-
falling within the territory of a
tional river basin district
Member State, or at the level of a body or a group of bodies of
groundwater.

3. Member States shall ensure that, for bodies of ground-
water shared by two or more Member States and for bodies of
groundwater within which groundwater flows across a Member
State's boundary,
threshold values is
the establishment of
subject to coordination between the Member States concerned,
in accordance with Article 3(4) of Directive 2000/60/EC.

4. Where a body or a group of bodies of groundwater
extends beyond the territory of the Community, the Member
State(s) concerned shall endeavour to establish threshold values
in coordination with the non-Member State(s) concerned,
in
accordance with Article 3(5) of Directive 2000/60/EC.

5. Member States shall establish threshold values pursuant
to paragraph 1(b) for the first time by 22 December 2008 at
the latest.

All threshold values established shall be published in the river
basin management plans to be submitted in accordance with

6. Member States shall amend the list of threshold values
whenever new information on pollutants, groups of pollutants,
or indicators of pollution indicates that a threshold value
should be set for an additional substance, that an existing
threshold value should be amended, or that a threshold value
previously removed from the list should be re-inserted, in order
to protect human health and the environment.

Threshold values can be removed from the list when the body
of groundwater concerned is no longer at risk from the corre-
sponding pollutants, groups of pollutants, or indicators of
pollution.

Any such changes to the list of
threshold values shall be
reported in the context of the periodic review of the river basin
management plans.

7.
The Commission shall publish a report by 22 December
2009 at the latest on the basis of the information provided by
Member States in accordance with paragraph 5.

Article 4

Procedure for assessing groundwater chemical status

1. Member States shall use the procedure described in para-
graph 2 to assess the chemical status of a body of groundwater.
Where appropriate, Member States may group bodies of
groundwater
in accordance with Annex V to Directive
2000/60/EC when carrying out this procedure.

A body or a group of bodies of groundwater shall be

2.
considered to be of good chemical status when:

(a) the values for the groundwater quality standards listed in
Annex I and the relevant threshold values established in
accordance with Article 3 and Annex II are not exceeded at
any monitoring point in that body or group of bodies of
groundwater; or

(b) the value for a groundwater quality standard or threshold
value is exceeded at one or more monitoring points but an
appropriate investigation in accordance with Annex III
confirms that:

the

(i) on the basis of the assessment referred to in paragraph
the concentrations of pollutants
3 of Annex III,
exceeding
standards or
groundwater quality
threshold values are not considered to present a signifi-
cant environmental risk, taking into account, where
appropriate, the extent of the body of groundwater
which is affected;

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(ii) the other conditions for good groundwater chemical
status set out in Table 2.3.2 in Annex V to Directive
2000/60/EC are being met, in accordance with para-
graph 4 of Annex III to this Directive;

standards set out in Annex I and of the threshold values estab-
lished pursuant to Article 3, on the basis of the identified trend
and the environmental risk associated therewith, in accordance
with Part B, paragraph 1 of Annex IV.

(iii) where appropriate, the requirements of Article 7(3) of
in accordance

Directive 2000/60/EC are being met,
with paragraph 4 of Annex III to this Directive;

(iv) the ability of the body of groundwater or of any of the
bodies in the group of bodies of groundwater to
support human uses has not been significantly
impaired by pollution.

3. Member States shall publish a summary of the assessment
of groundwater chemical status in the river basin management
plans in accordance with Article 13 of Directive 2000/60/EC.

This summary, established at the level of the river basin district
or the part of the international river basin district falling within
the territory of a Member State, shall also include an explana-
tion as to the manner in which exceedances of groundwater
quality standards or threshold values at individual monitoring
points have been taken into account in the final assessment.

4.
If a body of groundwater is classified as being of good
chemical status in accordance with paragraph 2(b), Member
States, in accordance with Article 11 of Directive 2000/60/EC,
shall take such measures as may be necessary to protect aquatic
ecosystems, terrestrial ecosystems and human uses of ground-
water dependent on the part of the body of groundwater repre-
sented by the monitoring point or points at which the value
for a groundwater quality standard or the threshold value has
been exceeded.

4.
In the river basin management plans to be submitted in
accordance with Article 13 of Directive 2000/60/EC, Member
States shall summarise:

(a) the way in which the trend assessment from individual
monitoring points within a body or a group of bodies of
groundwater has contributed to identifying, in accordance
with Section 2.5 of Annex V to that Directive, that those
bodies are subject to a sustained and significant upward
trend in concentration of any pollutant or a reversal of that
trend; and

(b) the reasons for the starting points defined pursuant to para-

graph 3.

5. Where necessary to assess the impact of existing plumes
of pollution in bodies of groundwater that may threaten the
achievement of the objectives in Article 4 of Directive 2000/
60/EC, and in particular those plumes resulting from point
sources and contaminated land, Member States shall carry out
additional trend assessments for identified pollutants in order
to verify that plumes from contaminated sites do not expand,
do not deteriorate the chemical status of the body or group of
bodies of groundwater, and do not present a risk for human
health and the environment. The results of these assessments
shall be summarised in the river basin management plans to be
submitted in accordance with Article 13 of Directive
2000/60/EC.

Article 5

Identification of significant and sustained upward trends
and the definition of starting points for trend reversals

Article 6

1. Member States shall identify any significant and sustained
upward trend in concentrations of pollutants, groups of pollu-
tants or indicators of pollution found in bodies or groups of
bodies of groundwater identified as being at risk and define the
starting point
in accordance with
Annex IV.

for reversing that

trend,

2. Member States shall reverse trends which present a signif-
icant risk of harm to the quality of aquatic ecosystems or
terrestrial ecosystems, to human health, or to actual or poten-
tial
through the
programme of measures referred to in Article 11 of Directive
2000/60/EC,
in order progressively to reduce pollution of
groundwater.

the water environment,

legitimate uses of

3. Member States shall define the starting point for trend
reversal as a percentage of the level of the groundwater quality

Measures to prevent or limit inputs of pollutants into
groundwater

1.
In order to achieve the objective of preventing or limiting
inputs of pollutants into groundwater, established in accord-
ance with Article 4(1)(b)(i) of Directive 2000/60/EC, Member
States shall ensure that the programme of measures established
in accordance with Article 11 of that Directive includes:

(a) all measures necessary to aim to prevent

inputs into
groundwater of any hazardous substances. In identifying
such substances, Member States shall
in particular take
account of hazardous substances belonging to the families
or groups of pollutants referred to in points 1 to 6 of
to Directive 2000/60/EC, as well as of
Annex VIII
substances belonging to the families or groups of pollutants
referred to in points 7 to 9 of that Annex, where these are
considered to be hazardous;

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(b) for pollutants listed in Annex VIII to Directive 2000/60/EC
which are not considered hazardous, and any other non-
hazardous pollutants not listed in that Annex considered by
Member States to present an existing or potential risk of
pollution, all measures necessary to limit
into
groundwater so as to ensure that such inputs do not cause
deterioration of good groundwater chemical status, do not
cause any significant and sustained upward trends in the
concentrations of pollutants in groundwater, and do not
otherwise cause pollution of groundwater. Such measures
shall take account of established best practice, including the
Best Environmental Practice and Best Available Techniques
specified in the relevant Community legislation.

inputs

For the purpose of establishing measures referred to in points
(a) or (b), Member States may, as a first step,
identify the
circumstances under which the pollutants listed in Annex VIII
to Directive 2000/60/EC,
in particular essential metals and
their compounds referred to in point 7 of that Annex, are to
be considered hazardous or non-hazardous.

2.
Inputs of pollutants from diffuse sources of pollution
having an impact on the groundwater chemical status shall be
taken into account whenever technically possible.

3. Without prejudice to any more stringent requirements in
other Community legislation, Member States may exempt from
the measures required by paragraph 1 inputs of pollutants that
are:

(a) the result of direct discharges authorised in accordance

with Article 11(3)(j) of Directive 2000/60/EC;

(b) considered by the competent authorities to be of a quantity
and concentration so small as to obviate any present or
future danger of deterioration in the quality of the receiving
groundwater;

(c) the consequences of accidents or exceptional circumstances
of natural cause that could not reasonably have been fore-
seen, avoided or mitigated;

(d) the result of artificial recharge or augmentation of bodies of
groundwater authorised in accordance with Article 11(3)(f)
of Directive 2000/60/EC;

(e) considered by the competent authorities to be not techni-

cally feasible to prevent or limit without using:

(i) measures that would increase risks to human health or

to the quality of the environment as a whole; or

(ii) disproportionately costly measures to remove quantities
of pollutants from, or otherwise control their percola-
tion in, contaminated ground or subsoil; or

(f) the result of

for

interventions

in surface waters

the
purposes, amongst others, of mitigating the effects of
floods and droughts, and for the management of waters
and waterways, including at international level. Such activ-
ities, including cutting, dredging, relocation and deposition
of sediments in surface water, shall be conducted in accord-
ance with general binding rules, and, where applicable,
with permits and authorisations issued on the basis of such
rules, developed by the Member States for that purpose,
provided that such inputs do not compromise the achieve-
ment of the environmental objectives established for the
water bodies concerned in accordance with Article 4(1)(b)(ii)
of Directive 2000/60/EC.

4.
The competent authorities of the Member States shall
keep an inventory of the exemptions referred to in paragraph 3
for the purpose of notification, upon request, to the Commis-
sion.

Article 7

Transitional arrangements

In the period between … (*) and 22 December 2013, any new
authorisation procedure pursuant to Articles 4 and 5 of Direc-
tive 80/68/EEC shall take into account the requirements set out
in Articles 3, 4 and 5 of this Directive.

Article 8

Technical adaptations

Annexes II, III and IV may be adapted to scientific and technical
progress in accordance with the procedure referred to in
Article 21(2) of Directive 2000/60/EC, taking into considera-
tion the period for reviewing and updating river basin manage-
ment plans, as referred to in Article 13(7) of that Directive.

Article 9

Implementation

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Direc-
tive before … (*). They shall forthwith inform the Commission
thereof.

When Member States adopt these measures, they shall contain
a reference to this Directive or shall be accompanied by such
reference on the occasion of their official publication. The
methods of making such reference shall be laid down by
Member States.

(*) Two years after the entry into force of this Directive.

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Article 10

Entry into force

This Directive shall enter into force on the 20th day following its publication in the Official Journal of the
European Union.

This Directive is addressed to the Member States.

Article 11

Addressees

Done at …,

For the European Parliament

The President

…

For the Council

The President

…

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ANNEX I

GROUNDWATER QUALITY STANDARDS

1. For the purposes of assessing groundwater chemical status in accordance with Article 4, the following groundwater
quality standards will be the quality standards referred to in Table 2.3.2 in Annex V to Directive 2000/60/EC and
established in accordance with Article 17 of that Directive.

Pollutant

Quality standards

Comment

Nitrates

50 mg/l

For activities falling within the scope of Direc-
tive 91/676/EEC, programmes and measures
required in relation to this value (i.e. 50 mg/
l) will be in accordance with that Directive (1).

substances

Active
including
their relevant metabolites, degradation and
reaction products (2)

in pesticides,

0,1 µg/l
0,5 µg/l (total) (3)

(1) Activities outside the scope of Directive 91/676/EEC are not covered by this provision.
(2)

‘Pesticides’ means plant protection products and biocidal products as defined in Article 2 of Directive 91/414/EEC and in Article
2 of Directive 98/8/EC, respectively.
‘Total’ means the sum of all individual pesticides detected and quantified in the monitoring procedure.

(3)

2. The results of the application of the quality standards for pesticides in the manner specified for the purposes of this
Directive will be without prejudice to the results of the risk assessment procedures required by Directive 91/414/EEC
or Directive 98/8/EC.

3. 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 bodies of
surface water, or in any significant diminution of the ecological or chemical quality of such bodies, or in any signifi-
cant damage to terrestrial ecosystems which depend directly on the body of groundwater, more stringent threshold
values will be established in accordance with Article 3 and Annex II to this Directive. Programmes and measures
required in relation to such a threshold value will also apply to activities falling within the scope of Directive 91/
676/EEC.

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THRESHOLD VALUES FOR GROUNDWATER POLLUTANTS AND INDICATORS OF POLLUTION

ANNEX II

PART A: GUIDELINES FOR THE ESTABLISHMENT OF THRESHOLD VALUES BY MEMBER STATES IN ACCORDANCE

WITH ARTICLE 3

Member States will establish threshold values for all pollutants and indicators of pollution which, pursuant to the charac-
terisation performed in accordance with Article 5 of Directive 2000/60/EC, characterise bodies or groups of bodies of
groundwater as being at risk of failing to achieve good groundwater chemical status.

Threshold values will be established in such a way that, should the monitoring results at a representative monitoring
point exceed the thresholds, this will indicate a risk that one or more of the conditions for good groundwater chemical
status referred to in Article 4(2)(b)(ii), (iii) and (iv) are not being met.

When establishing threshold values, Member States will consider the following guidelines:

1. The determination of threshold values should be based on:

(a) the extent of interactions between groundwater and associated aquatic and dependent terrestrial ecosystems;

(b) the interference with actual or potential legitimate uses or functions of groundwater;

(c) all pollutants which characterise bodies of groundwater as being at risk, taking into account the minimum list set

up in part B;

(d) hydro-geological characteristics including information on background values and water balance.

2. The determination of threshold values should also take account of the origins of the pollutants, their possible natural

occurrence, their toxicology and dispersion tendency, their persistence and their bioaccumulation potential.

3. The determination of threshold values should be supported by a control mechanism for the data collected, based on
an evaluation of data quality, analytical considerations, and background levels for substances which may occur both
naturally and as a result of human activities.

PART B: MINIMUM LIST OF POLLUTANTS AND THEIR INDICATORS FOR WHICH MEMBER STATES HAVE TO

CONSIDER ESTABLISHING THRESHOLD VALUES IN ACCORDANCE WITH ARTICLE 3

1. Substances or ions which may occur both naturally and as a result of human activities

Arsenic

Cadmium

Lead

Mercury

Ammonium

Chloride

Sulphate

2. Man-made synthetic substances

Trichloroethylene

Tetrachloroethylene

3. Parameters indicative of saline or other intrusions (1)

Conductivity

(1) With regard to saline concentrations risulting from human activities, Member States may decide to establish threshold values either

for sulphateand chloride or for conductivity.

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PART C: INFORMATION TO BE PROVIDED BY MEMBER STATES WITH REGARD TO THE POLLUTANTS AND

THEIR INDICATORS FOR WHICH THRESHOLD VALUES HAVE BEEN ESTABLISHED

Member States will summarise, in the river basin management plans to be submitted in accordance with Article 13 of
Directive 2000/60/EC, the way the procedure set out in Part A of this Annex has been followed.

In particular, Member States will provide, where feasible:

(a) information on the number of bodies or groups of bodies of groundwater characterised as being at risk and on the
pollutants and indicators of pollution which contribute to this classification, including the observed concentrations/
values;

(b) 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 directly dependent terres-
trial ecosystems, and, in the case of naturally-occurring substances, the natural background levels in the bodies of
groundwater;

(c) the threshold values, whether they apply at the national level, at the level of the river basin district or the part of the
international river basin district falling within the territory of the Member State, or at the level of a body or a group
of bodies of groundwater;

(d) the relationship between the threshold values and:

(i) in the case of naturally-occurring substances, the observed background levels,

(ii) the environmental quality objectives and other standards for water protection that exist at national, Community

or international level, and

(iii) any relevant information concerning the toxicology, eco-toxicology, persistence, bioaccumulation potential, and

dispersion tendency of the pollutants.

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ANNEX III

ASSESSMENT OF GROUNDWATER CHEMICAL STATUS

1. The assessment procedure for determining the chemical status of a body or a group of bodies of groundwater will be
carried out in relation to all bodies or groups of 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.

2. In undertaking any investigations referred to in Article 4(2)(b), Member States will take into account:

(a) the information collected as part of the characterisation to be carried out in accordance with Article 5 of Direc-

tive 2000/60/EC and with Sections 2.1, 2.2 and 2.3 of Annex II thereto;

(b) the results of the groundwater monitoring network obtained in accordance with Section 2.4 of Annex V to Direc-

tive 2000/60/EC; and

(c) any other relevant information including a comparison of the annual arithmetic mean concentration of the rele-
vant pollutants at a monitoring point with the groundwater quality standards set out in Annex I and the
threshold values set by Member States in accordance with Article 3 and Annex II.

3. For the purposes of investigating whether the conditions for good groundwater chemical status referred to in Article
4(2)(b)(i) and (iv) are met, Member States will, where relevant and necessary, and on the basis of appropriate aggrega-
tions of the monitoring results, supported where necessary by concentration estimations based on a conceptual
model of the body or group of bodies of groundwater, estimate the extent of the body of groundwater having an
annual arithmetic mean concentration of a pollutant higher than a groundwater quality standard or a threshold
value.

4. For the purposes of investigating whether the conditions for good groundwater chemical status referred to in Article
4(2)(b)(ii) and (iii) are met, Member States will, where relevant and necessary, and on the basis of relevant monitoring
results and of a suitable conceptual model of the body of groundwater, assess:

(a) the amounts and the concentrations of the pollutants being, or likely to be, transferred from the body of ground-

water to the associated surface waters or directly dependent terrestrial ecosystems;

(b) the likely impact of the amounts and concentrations of the pollutants transferred to the associated surface waters

and directly dependent terrestrial ecosystems;

(c) the extent of any saline or other intrusions into the body of groundwater; and

(d) the risk from pollutants in the body of groundwater to the quality of water abstracted, or intended to be

abstracted, from the body of groundwater for human consumption.

5. Member States will present the groundwater chemical status of a body or a group of bodies of groundwater on maps
in accordance with Sections 2.4.5 and 2.5 of Annex V to Directive 2000/60/EC. In addition, Member States will indi-
cate on these maps all monitoring points where groundwater quality standards and/or threshold values are exceeded,
where relevant and feasible.

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IDENTIFICATION AND REVERSAL OF SIGNIFICANT AND SUSTAINED UPWARD TRENDS

ANNEX IV

PART A: IDENTIFICATION OF SIGNIFICANT AND SUSTAINED UPWARD TRENDS

Member States will identify significant and sustained upward trends in all bodies or groups of bodies of groundwater
that are characterised as being at risk in accordance with Annex II to Directive 2000/60/EC, taking into account the
following requirements:

1.

in accordance with Section 2.4 of Annex V to Directive 2000/60/EC, the monitoring programme will be so designed
as to detect significant and sustained upward trends in concentrations of the pollutants identified pursuant to Article
3 of this Directive;

2. the procedure for the identification of significant and sustained upward trends will be based on the following

elements:

(a) monitoring frequencies and monitoring locations will be selected such as are sufficient to:

(i) provide the information necessary to ensure that such upward trends can be distinguished from natural varia-

tion with an adequate level of confidence and precision;

(ii) enable such upward trends to be identified in sufficient time to allow measures to be implemented in order
to prevent, or at least mitigate as far as practicable, environmentally significant detrimental changes in
groundwater quality. This identification will be carried out for the first time by 2009, if possible, and will
take into account existing data, in the context of the report on trend identification within the first river basin
management plan referred to in Article 13 of Directive 2000/60/EC, and at least every six years thereafter;

(iii) take into account the physical and chemical temporal characteristics of the body of groundwater, including

groundwater flow conditions and recharge rates and percolation time through soil or subsoil.

(b) the methods of monitoring and analysis used will conform to international quality control principles, including, if
relevant, CEN or national standardised methods, to ensure equivalent scientific quality and comparability of the
data provided;

(c) the assessment will be based on a statistical method, such as regression analysis, for trend analysis in time series

of individual monitoring points;

(d) in order to avoid bias in trend identification, all measurements below the quantification limit will be set to half of

the value of the highest quantification limit occurring in time series, except for total pesticides;

3. the identification of significant and sustained upward trends in the concentrations of substances which occur both
naturally and as a result of human activities will consider the data collected before the start of the monitoring
programme in order to report on trend identification within the first river basin management plan referred to in
Article 13 of Directive 2000/60/EC, where such data is available.

PART B: STARTING POINTS FOR TREND REVERSALS

According to Article 5, Member States will reverse identified significant and sustained upward trends where these trends
present a risk of harm to associated aquatic ecosystems, to directly dependent terrestrial ecosystems, to human health or
to actual or potential legitimate uses of the water environment, taking into account the following requirements:

1. the starting point for implementing measures to reverse significant and sustained upward trends will be when the
concentration of the pollutant reaches 75 % of the parametric values of the groundwater quality standards set out in
Annex I and of the threshold values established pursuant to Article 3, unless:

(a) an earlier starting point is required to enable trend reversal measures to prevent most cost-effectively, or at least

mitigate as far as possible, any environmentally significant detrimental changes in groundwater quality;

(b) a different starting point is justified where the detection limit does not allow for establishing the presence of a

trend at 75 % of the parametric values; or

(c) the rate of increase and the reversibility of the trend are such that a later starting point for trend reversal
measures would still enable such measures to prevent most cost-effectively, or at least mitigate as far as possible,
any environmentally significant detrimental changes in groundwater quality.

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For activities falling within the scope of Directive 91/676/EEC, the starting point for implementing measures to
reverse significant and sustained upward trends will be established in accordance with that Directive and with Direc-
tive 2000/60/EC;

2. once a starting point has been established for a body of groundwater characterised as being at risk in accordance
with Section 2.4.4 of Annex V to Directive 2000/60/EC and pursuant to Part B, paragraph 1 of this Annex, it will
not be changed during the six-year cycle of the river basin management plan required in accordance with Article 13
of Directive 2000/60/EC;

3. trend reversals will be demonstrated, taking into account relevant monitoring provisions contained in Part A, para-

graph 2.

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STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

The Commission adopted its proposal for a Directive of the European Parliament and of the Council
on the protection of groundwater against pollution on 28 October 2003.

The European Parliament adopted its first-reading opinion on 28 April 2005 (1).

The Committee of the Regions adopted its opinion on 12 February 2004 (2).

The European Economic and Social Committee adopted its opinion on 31 March 2004 (3).

The Council adopted its common position on 23 January 2006.

II. OBJECTIVE

Groundwater is an important natural resource which provides water for human consumption as well
for agriculture and industry. It also plays a key role, especially in periods of drought, in preserving
aquatic and terrestrial ecosystems. Protecting groundwater against pollution is therefore essential, with
particular emphasis on prevention as groundwater quality is generally long and difficult to restore,
even once the source of pollution has been removed.

The protection of groundwater against pollution is currently regulated under Directive 80/68/EEC, (4)
to be repealed in 2013, and Directive 2000/60/EC: the Water Framework Directive (WFD). (5)

This proposal seeks to meet the general requirement contained in Article 17 of the WFD 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, so as to ensure achievement of the ground-
water related environmental objectives of the framework Directive.

III. ANALYSIS OF THE COMMON POSITION

General

The common position incorporates a number of the European Parliament's first-reading amendments,
either verbatim, in part or in spirit. These improve or clarify the text of the proposed Directive.

However, other amendments are not reflected in the common position because the Council agreed that
they were unnecessary or unacceptable or,
in several cases, because provisions from the original
Commission proposal were deleted or thoroughly redrafted. This applies in particular to the annexes,
which the Council aimed to simplify and clarify as much as possible so as to ensure effective imple-
mentation.

Several amendments were not included in the common position because the Council considered they
were not in line with the guide for the drafting of Community legislation, because they repeated, inter-
preted or contradicted provisions contained in Directive 2000/60/EC, the Water Framework Directive.

Several amendments were rejected because it was considered that they sought to introduce provisions
lying outside the scope of the proposal as determined by the framework Directive or covered by other
legislation in place.

The common position also includes changes other than those envisaged in the European Parliament's
first-reading opinion. In particular, the Council sought to organise the structure of the proposed act as
rationally as possible in order to aid understanding, by competent authorities and citizens, of the
requirements imposed on Member States. In addition, a number of drafting changes were introduced
either to clarify the text or ensure the overall coherence of the Directive.

(1) OJ C 45 E, 23.2.2006, p. 75
(2) OJ C 109, 30.4.2004, p. 29.
(3) OJ C 112, 30.4.2004, p. 40.
(4) OJ L 20, 26.1.1980, p. 43.
(5) OJ L 327, 22.12.2000, p. 1.

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Specific

In particular, the Council agreed that:

— Amendment 1 and the first part of amendment 2 were unclear in terms of the difference between
‘pollution’ and ‘deterioration’. A reference to the need to prevent deterioration of the status of
groundwater bodies, consistent with WFD, was added to Article 1.

— Amendment 3 would have imposed on all groundwater bodies the standards applied to bodies
used for the extraction of drinking water, which would not be realistically feasible. The same
applies to the first part of amendment 62 (of which the second part was accepted by the Council),
to point 2(b) of amendment 65 and to amendment 68.

— The aims set out in amendments 95 and 100 were best pursued through the Community Frame-

work Programmes for Research.

— Amendment 4 was not in line with the WFD, which clearly distinguishes between protection levels

for groundwater and surface waters.

— Amendments 7, 10 and 80, as well as item (aa) of amendment 15, addressed the quantitative status
of groundwater. This was outside the scope of this daughter Directive, which is exclusively about
qualitative status, as defined in Article 17 of the WFD.

— Amendments 8 and 9, referring to other policy areas, were not in line with the guide for the
drafting of Community legislation, like amendment 13, which was considered to interpret the WFD
rather than justify the Groundwater Directive.

— Amendment 11 was not needed because the text of the common position established, under

Article 6, a regime equivalent to that contained in Directive 80/68/EEC.

— Amendment 16 duplicated provisions from Article 5 of the WFD which clearly establish responsi-

bilities with regard to characterisation.

— Amendment 17 was not acceptable because the Council considered that a clear distinction, both
conceptual and terminological, between quality standards set at Community level and threshold
values to be determined by the Member States according to national hydro-geological specificities
was an essential element of the proposed Directive. Weakening or refusing this approach would
make implementation more complicated and less effective in terms of results. The same applies
throughout the text, to all or parts of amendments 30, 31, 34, 36, 65, 66, 67, 69, 70, 71, 89, and
90.

— Amendment 18 was acceptable in principle, but the wording was clarified to better address the

notion of trends potentially leading to environmental risk.

— Amendments 19 and 20 were acceptable in part but were inconsistent with the WFD as drafted.

Elements taken from both were combined in Article 2(4).

— Amendment 21 redefined an existing term in the WFD and could have led to confusion. The WFD

requires ‘no deterioration of the status of bodies of groundwater’, not of quality.

— Amendments 22 and 24, as well as the first part of amendment 38, referred to concepts that are
not used as such in the common position, and presented serious practical difficulties. However, the
issue of naturally occurring concentrations (also hinted at in amendment 91)
is addressed in
recital 7.

— Amendments 23, 49 and 93 introduced a new, complex and unnecessary term that could have led
to widespread misinterpretation. Historical contamination is adequately covered by more general
provisions in the common position and in the WFD.

— Amendment 56 was not relevant given the scope of the proposed directive.

— Amendment 27 was incompatible with the Council's view that quality standards and threshold

values should be set at levels relevant to the risk to groundwater bodies.

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— Amendments 57 and 59 were unnecessary since the common position addresses the meaning of

good and poor chemical status.

— Amendment 37 was unnecessary with regard to the WFD definitions of pollutant and pollution.

— Amendment 40 was unacceptable because Member States are responsible for implementing the

programme of measures.

— The issues addressed in amendments 41 and 58 were covered respectively in Annex IV and

Annex III of the common position.

— Amendment 46 was not acceptable because it used a provision derived from Directive 80/68/EEC

in a very different context, which would make it unworkable.

— Amendments 51, 52 and 54 duplicated provisions of the WFD. As far as amendment 50 is
introduced language inspired from Directive 80/68/EEC (Article 15) in

concerned, the Council
Article 6(4), bearing in mind the need to minimise the bureaucratic burden.

— Amendment 55 unduly excluded Annex III from possible technical adaptation.

— The deletion proposed in amendment 60 would have led to incompatibility between this Ground-
water Directive and Directive 91/676/EEC. The common position clarifies the relationship between
these two directives.

— Amendment 64 was no longer relevant as such, because the common position addresses the issue
of compliance in a different manner, the aim being to avoid a situation where non-compliance at
one single monitoring point would mean non-compliance for the whole groundwater body or
group of bodies (see Article 4 and Annex III).

— Amendments 73, 76, 77, 78, 79 (first part), 83, 84 and 85 were no longer relevant. In particular,
the Council felt that the fixed time series approach in the original proposal was inapplicable given
the variety of hydro-geological conditions across the EU and that common criteria should be
defined only for trend identification and for the starting point for trend reversal (Annex IV). The
second part of amendment 79 (similar to amendment 89) was incorporated in spirit in Annex IV,
point 1.3.

— Amendment 81 was confusing and inconsistent with the WFD. However, Article 5(2) of the

common position clarifies what is to be protected.

IV. CONCLUSION

The Council believes that the common position represents a balanced package of measures that would
contribute to the pursuit of the objectives of Community environmental policy outlined in Article
174(1) EC Treaty and would advance the protection of groundwater against pollution, while ensuring
compliance with the groundwater-related requirements contained in Directive 2000/60/EC and
allowing for effective implementation by the Member States, taking due account of specific hydro-
geological circumstances at national level.

It looks forward to constructive discussions with the European Parliament with a view to the early
adoption of the Directive.