Opinion of the Commission pursuant to Article 251 (2) third sub-paragraph, point (c) of the EC Treaty, on the European Parliament’s amendments to the Council’s Common Position regarding the proposal for a Directive of the European Parliament and of the Council on the protection of groundwater against pollution amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2006-08-01
Institutions: European Commission
Subjects: EU environmental policy, dangerous substance, environmental protection, groundwater, pollution control measures, prevention of pollution, water protection

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 1.8.2006 
COM(2006) 434 final 

2003/0210 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2) third sub-paragraph, point (c) of the EC Treaty, 
on the European Parliament’s amendments 
to the Council’s Common Position regarding the 
proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the protection of groundwater against pollution 

AMENDING THE PROPOSAL OF THE COMMISSION 
pursuant to Article 250 (2) of the EC Treaty 

EN 

   EN 

 
 
 
  
 
 
2003/0210 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2) third sub-paragraph, point (c) of the EC Treaty, 
on the European Parliament’s amendments 
to the Council’s Common Position regarding the 
proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the protection of groundwater against pollution 

1. 

BACKGROUND 

PROCEDURE 

The proposal COM(2003) 550 final was transmitted to the European Parliament and 
the Council in accordance with the co-decision procedure provided for in Article 175 
(1) of the EC Treaty. 

The European Economic and Social Committee gave its opinion on 31st March 2004. 

The Committee of the Regions gave its opinion on 12th February 2004. 

The European Parliament gave its opinion at first reading on 28th April 2005. 

Following the opinion of the European Parliament and pursuant to Article 250(2) of 
the EC Treaty, the Commission adopted an amended proposal COM(2005) 282 final 
on 22nd June 2005. 

Following the opinion of the European Parliament and pursuant to Article 250(2) of 
the EC Treaty, the Council adopted the Common Position formally on 23rd January 
2006. The Commission’s Communication on the Common Position was adopted on 
10th  February  2006  and  the  European  Parliament  adopted  its  position  on  second 
reading on 13th June 2006.  

OBJECTIVE OF THE COMMISSION PROPOSAL 

The  proposed  Directive  seeks  to  establish  a  regime  to  prevent  and  control 
groundwater  pollution  in  response  to  the  requirements  of  Article  17  of  the  Water 
Framework Directive (Directive 2000/60/EC). This is done by setting up: 

(a) 

the  chemical  status  of  groundwater  based  on 
criteria  for  assessing 
environmental  quality  standards,  which  have  to  be  established  by  Member 
States  at  the  appropriate  level  (national,  river  basin  or  groundwater  body), 
depending  on  the  variations  in  natural  groundwater  conditions,  identified 
pressures and related chemical substances, and  

EN 

2 

   EN 

 
 
 
(b) 

criteria for identifying significant upward trends in pollutant concentrations in 
trends. 
groundwater  and  defining  starting  points  for  reversing 

these 

These criteria are complemented by measures for preventing or limiting direct 
–  and  indirect  –  inputs  of  pollutants  into  groundwater.  The  proposal  provides 
clear  specifications  that  will  ensure  that  the  environmental  objectives  of  the 
Water  Framework  Directive  will  be  achieved  with  respect  to  groundwater. 
Equally,  the  proposal  seeks  to  achieve  the  right  balance  between  issues  that 
need to be addressed at Community level and those that are best left to Member 
States. 

2. 

COMMISSION COMMENTS 

2.1. 

General 

On 13th June 2006, the European Parliament adopted 41 of the 47 amendments that 
were  tabled.  Out  of  the  41  amendments  adopted,  the  Commission  can  accept  8 
amendments  in  full,  6  in  part  and  a  further  12  in  principle.  15  of  the  adopted 
amendments are not acceptable to the Commission. 

2.2. 

Detailed Comments 

2.2.1.  Amendments Accepted in Full  

Amendments  5,  17  and  27  improve  the  consistency  of  the  text  with  the  Water 
Framework Directive. Amendment 8 introduces a new recital requesting an analysis 
of  the  impact  of  groundwater  standards  in  the  Member  States  on  environmental 
protection and the internal market. Amendments 36 and 43, which delete references 
to  the  Nitrates  Directive  (Directive  91/676/EC),  are  acceptable  since  the  regulatory 
approaches  of  this  proposal,  the  Water  Framework  Directive  and  the  Nitrates 
Directive,  do  not  provide  material  differences,  in  terms  of  their  legally  binding 
character, the objective to be achieved, the measures required and the deadlines. In 
the  case  of  Amendment  43  in  particular,  the  programmes  and  measures  referred  to 
are  already  covered  in  the  Nitrates  Directive  and  there  is  no  need  to  repeat  them. 
Amendment 38 details the types of pesticides covered, which is in line with Directive 
98/83/EC on relevant metabolites, degradation and reaction products. Amendment 40 
adds a provision on the impact of pollutants on groundwater per se, which requires 
groundwater  protection  in  line  with  the  requirements  of  the  Water  Framework 
Directive. 

2.2.2.  Amendments Accepted in Part  

Amendment  2  modifies  recital  1  by  adding  a  reference  to  "deterioration"  and 
specifying that the protection should concern "chemical" pollution. The Commission 
can accept the addition of "chemical", but not the mention of "deterioration" in the 
light of the new definition in Article 2(4) and redundancy with the Water Framework 
Directive.  Amendment  3  introduces  a  new  recital  on  the  need  for  comparable 
protection  between  groundwater  and  surface  water  of  good  chemical  status. 
However, the reference to groundwater being "the primary source" of drinking water 
is  not  acceptable  as  it  not  accurate.  Amendment  11  introduces  the  term 

EN 

3 

   EN 

 
 
"environmentally"  significant  in  Article  2(3),  which  leads  to  legal  uncertainty  and 
cannot  be  accepted;  however  the  addition  of  the  words  "in  groundwater"  is 
acceptable.  

related 

introduces  complementary  compliance  criteria 

to 
Amendment  19 
groundwater  quality  standards  in  Article  4(2),  which  is  acceptable;  however,  the 
proposed  elimination  of  unfavourable  monitoring  results  by  "expert  verification"  is 
not acceptable. Amendment 21 introduces a reference to "baseline concentration" in 
Article  5(2),  which  is  acceptable;  however,  the  addition  of  the  words  "prevent 
deterioration" is not consistent with the Water Framework Directive and is therefore 
not  acceptable.  Amendment  22  seeks  to  strengthen  the  obligation  in  Article  6  to 
prevent  the  input  of  hazardous  substances  into  groundwater  and  adds  criteria 
concerning  the  classification  of  hazardous  substances.  The  Commission  can  accept 
the  first  part  of  the  amendment,  although  it  has  to  be  recognised  that  there  are 
practical limitations to prevention measures; the second, part is unacceptable as the 
Water  Framework  Directive  already  provides  for  a  clear  definition  of  hazardous 
substances. 

2.2.3.  Amendments Accepted in Principle 

Amendment 1 introduces "deterioration" in the title, which is consistent with Water 
Framework Directive provisions and therefore acceptable in principle. Amendment 6 
is a new recital referring to the need to take account of possible changes in farming 
and  forestry  practices  as  a  result  of  groundwater  protection  measures  in  the 
implementation  of  rural  development  programmes  under  the  Common  Agricultural 
Policy.  This  is  acceptable  to  the  Commission  subject  to  it  being  clarified  that  the 
related decisions on priorities and projects rest with the Member States. Amendment 
7  introduces  a  new  recital  on  criteria  and  justifications  regarding  exemptions. 
Amendment 9 concerns a new recital on research, which is in line with Article 20 of 
the Water Framework Directive on scientific progress. Amendment 10 introduces a 
new  recital  on  groundwater  storage  and  practice,  which  is  acceptable,  subject  to 
redrafting  to  ensure  consistency  with  Article  11(3)(f)  of  the  Water  Framework 
Directive. 

New definitions proposed by Amendments 13 and 14 on "background concentration" 
(Article 2(4)b) and "baseline concentration" (Article 2(4)c) are acceptable; however, 
"concentration"  should  be  changed  to  "levels"  to  be  consistent  with  Annex  II,  part 
A.1(d) of the proposal. 

Amendment  16  on  compliance  criteria  with  groundwater  quality  standards  is 
acceptable subject to improved drafting. Amendment 20 concerning a future revision 
of  groundwater  quality  standards  and  threshold  values  is  also  acceptable  provided 
that  the  revision  timetable  is  consistent  with  the  implementation  milestones. 
Amendment 30 is acceptable provided the text is improved to avoid duplication with 
the  Water  Framework  Directive.  Amendments  9  and  31  on  the  dissemination  of 
research  results  are  acceptable  in  principle,  but  could  be  consolidated  in  a  single 
recital.  Amendment  37  specifies  that  more  stringent  standards  shall  apply  for 
pesticides  in  relation  to  drinking  water,  the  principle  of  which  is  accepted  by  the 
Commission.  

EN 

4 

   EN 

 
2.2.4.  Amendments Not Accepted 

Amendment 4 on the need to protect groundwater so that good quality drinking water 
can be achieved by simple purification duplicates Article 7 of the Water Framework 
Directive  and  is  not  in  line  with  the  objectives  of  the  present  directive  concerning 
environmental  water  chemical  status.  Amendment  15  which  stipulates 
that 
groundwater quality standards shall be based on human and eco-toxicological criteria 
is also not consistent with the Water Framework Directive.  

Amendment  12,  which  introduces  a  new  definition  of  "deterioration",  and 
Amendment  18,  which  deals  with  natural  levels  of  pollutants  in  comparison  to 
threshold  values,  also  contradict  the  principle  of  non-deterioration  of  status  in  the 
Water Framework Directive and the obligation to reverse upward pollution trends in 
this proposal and are therefore not acceptable. As a consequence, Amendment 23 is 
also not acceptable. Amendment 25 on measures to be undertaken by Member States 
and Amendment 28 on exemptions from monitoring obligations are not acceptable as 
these  topics  are  adequately  addressed  in  the  Water  Framework  Directive.  Specific 
protection  measures  related  to  spas  or  medicinal  water  sources  as  proposed  in 
Amendment  32  are  not  acceptable  since  it  would  not  be  reasonable  to  consider  all 
possible cases in the context of this directive. Amendment 33 unnecessarily restricts 
the  adaptation  of  the  Directive  in  light  of  scientific  and  technical  progress. 
Amendment  34  calls  for  the  establishment  of  a  catalogue  of  aquifers,  which  is  not 
necessary  in  light  of  existing  reporting  requirements  under  the  Water  Framework 
Directive.  

Amendment 39 on the question of indicators of pollution is not consistent with the 
Water  Framework  Directive.  Amendments  41  and  42  regarding  the  time  when 
Member States should initiate actions to reverse adverse trends in pollution are not 
acceptable  as  they  are  inconsistent  with  provisions  of  Article  5(2)  of  the  proposal. 
Amendment 44 refers to the possibility for Member States to adopt stricter protection 
measures, which does not need to be included in the Directive in light of the relevant 
provisions  of  the  Treaty.  Finally,  Amendment  46,  which  refers  to  reporting  and 
review, is not acceptable as these issues are already covered in the Water Framework 
Directive. 

2.3 

Amended Proposal 

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal as 
set out. 

EN 

5 

   EN