Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration
Date: 2006-12-12
Institutions: Council of the European Union, European Parliament
Subjects: degree of pollution, environmental standard, groundwater, water analysis, water pollutant, water protection

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DIRECTIVE 2006/118/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 12 December 2006

on the protection of groundwater against pollution and deterioration

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

(5)

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

Having regard to the Treaty establishing the European Commu-
nity, 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), in the light of the joint text approved by the
Conciliation Committee on 28 November 2006,

Whereas:

(1) Groundwater is a valuable natural resource and as such
should be protected from deterioration and chemical
pollution. This is particularly important for groundwater-
dependent ecosystems and for the use of groundwater in
water supply for human consumption.

(2) Groundwater is the most sensitive and the largest body of
freshwater in the European Union and, in particular, also a
main source of public drinking water supplies in many
regions.

(3) Groundwater in bodies of water used for the abstraction of
drinking water or intended for such future use must be
protected in such a way that deterioration in the quality of
such bodies of water is avoided in order to reduce the level
of purification treatment required in the production of
drinking water, in accordance with Article 7(2) and (3) of
Directive 2000/60/EC of the European Parliament and of
the Council of 23 October 2000 establishing a framework
for Community action in the field of water policy (4).

(4) 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 (5) 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. 15), Council Common Position of 23 January 2006
(OJ C 126 E, 30.5.2006, p. 1) and Position of
the European
Parliament of 13 June 2006 (not yet published in the Official
Journal). European Parliament Legislative Resolution of 12 December
2006 (not yet published in the Official Journal) and Council Decision
of 11 December 2006.

(4) 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).

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

(6) Directive 2000/60/EC 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, includ-
ing criteria for assessing good groundwater chemical status
significant and
the identification of
and criteria for
sustained upward trends and for the definition of starting
points for trend reversals.

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

(8) 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 groundwater,
and consistency should be ensured with Council Directive
91/676/EEC of 12 December 1991 concerning the protec-
tion of waters against pollution caused by nitrates from
agricultural sources (6), Council Directive 91/414/EEC of
15 July 1991 concerning the placing of plant protection
products on the market (7), and Directive 98/8/EC of the
European Parliament and of the Council of 16 February
1998 concerning the placing of biocidal products on the
market (8), respectively.

(9)

The protection of groundwater may in some areas require a
change in farming or forestry practices, which could entail a
loss of income. The Common Agricultural Policy provides
for funding mechanisms to implement measures to comply
with Community standards, namely through Council
Regulation (EC) No 1698/2005 of 20 September 2005
rural development by the European
on support
(EAFRD) (9).
Agricultural Fund for Rural Development

for

(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).

(7) OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission

Directive 2006/85/EC (OJ L 293, 24.10.2006, p. 3).

(8) OJ L 123, 24.4.1998, p. 1. Directive as last amended by Commission

Directive 2006/50/EC (OJ L 142, 30.5.2006, p. 6).

(9) OJ L 277, 21.10.2005, p. 1. Regulation as amended by Regulation

(EC) No 1463/2006 (OJ L 277, 9.10.2006, p. 1).

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With regard to groundwater protection measures, it will be
the Member States' responsibility to choose their priorities
and projects.

(10) Groundwater chemical status provisions do not apply to
high naturally-occurring levels 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 intru-
sions.

(11) 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 likelihood of
adverse
ecosystems or
dependent terrestrial ecosystems.

effects on associated aquatic

accordance with Article 7(3) of Directive 2000/60/EC, the
establishment by Member States of safeguard zones of such
size as the competent national body deems necessary to
protect drinking water supplies. Such safeguard zones may
cover the whole territory of a Member State.

(16)

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 relevant
hazardous substances.

(17) Reliable and comparable methods for groundwater mon-
itoring are an important tool for assessment of ground-
water quality and also for choosing the most appropriate
measures. Articles 8(3) and 20 of Directive 2000/60/EC
provide for the adoption of standardised methods for
analysis and monitoring of water
status and, where
necessary, of guidelines on implementation including
monitoring.

(12) 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.

(18)

(13)

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 (1) 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.

(14)

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

(15) Measures to prevent or limit inputs of pollutants into
bodies of groundwater used for or intended for future use
for the abstraction of water intended for human consump-
tion, as referred to in Article 7(1) of Directive 2000/60/EC,
should, in accordance with Article 7(2) of that Directive,
include such measures as are necessary to ensure that under
the water treatment regime applied, and in accordance with
Community legislation, the resulting water will meet the
requirements of Council Directive 98/83/EC of 3 November
intended for human
1998 on the quality of water
consumption (2). Those measures may also include,
in

(1) OJ L 20, 26.1.1980, p. 43. Directive as amended by Directive 91/

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

(2) OJ L 330, 5.12.1998, p. 32. Directive as amended by Regulation (EC)

No 1882/2003.

In certain circumstances, Member States
should be
authorised to grant exemptions from measures to prevent
or
into groundwater.
Any exemptions should be based on transparent criteria
and be detailed in the river basin management plans.

input of pollutants

limit

the

(19) The impact on the level of environmental protection and on
the functioning of the internal market of different ground-
water threshold values to be defined by the Member States
should be analysed.

(20) Research should be conducted in order to provide better
criteria for ensuring groundwater ecosystem quality and
protection. Where necessary, the findings obtained should
be taken into account when implementing or revising this
Directive. Such research, as well as dissemination of
knowledge, experience and research findings, needs to be
encouraged and funded.

(21)

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

(22) Directive 2000/60/EC sets out the requirement of controls
including a requirement for prior authorisation of artificial
recharge or augmentation of bodies of groundwater,
provided that the use of the source does not compromise
the achievement of the environmental objectives estab-
lished for the source or the recharged or augmented body
of groundwater.

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(23) Directive 2000/60/EC includes in Article 11(2) and Part B
of Annex VI on the programme of measures a non-
exclusive list of supplementary measures which Member
States may choose to adopt as part of the programme of
measures, inter alia:

— legislative instruments,

— administrative instruments, and

— negotiated agreements for

the protection of

the

environment.

(24) 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
implementing powers
the exercise of
conferred on the Commission (1).

for

(25)

it

In particular,
is necessary to follow the regulatory
procedure with scrutiny as regards measures of general
scope designed to amend non-essential elements of this
Directive, inter alia by deleting some of those elements or
by supplementing this Directive by adding new non-
essential elements to it,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Purpose

1. This Directive establishes specific measures as provided 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)

(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.

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

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)

‘groundwater quality standard’ means an environmental
quality standard expressed as the concentration of a
particular pollutant, group of pollutants or indicator of

(1) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

2)

3)

4)

5)

6)

pollution in groundwater, which should not be exceeded in
order to protect human health and the environment;

‘threshold value’ means a groundwater quality standard set
by Member States in accordance with Article 3;

‘significant and sustained upward trend’ means any
increase of
statistically and environmentally significant
concentration of a pollutant, group of pollutants, or
indicator of pollution in groundwater for which trend
reversal is identified as being necessary in accordance with
Article 5;

‘input of pollutants into groundwater’ means the direct or
indirect introduction of pollutants into groundwater as a
result of human activity;

‘background level’ means the concentration of a substance
or the value of an indicator in a body of groundwater
corresponding to no, or only very minor, anthropogenic
alterations to undisturbed conditions;

‘baseline level’ means the average value measured at least
during the reference years 2007 and 2008 on the basis of
monitoring programmes implemented under Article 8 of
Directive 2000/60/EC or,
substances
identified after these reference years, during the first period
for which a representative period of monitoring data is
available.

in the case of

Article 3

Criteria for assessing groundwater chemical status

1.
For the purposes of the assessment of the chemical status of
to
a body or a group of bodies of groundwater pursuant
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.

the body of groundwater

The threshold values applicable to good chemical status shall be
based on the protection of
in
accordance with Part A, points 1, 2 and 3 of Annex II, having
particular regard to its impact on, and interrelationship with,
associated surface waters and directly dependent
terrestrial
ecosystems and wetlands and shall inter alia take into account
human toxicology and ecotoxicology knowledge.

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2. Threshold values can be established 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 a 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 groundwater
shared by two or more Member States and for bodies of
groundwater within which groundwater flows across a Mem-
ber State's boundary, the establishment of threshold values is
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)
to establish threshold values in
concerned shall endeavour
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.

All threshold values established shall be published in the river
basin management plans to be submitted in accordance with
Article 13 of Directive 2000/60/EC, and including a summary of
the information set out in Part C of Annex II to this Directive.

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
risk from the
groundwater
corresponding pollutants, groups of pollutants, or indicators of
pollution.

concerned is no longer

at

2. A body or a group of bodies of groundwater shall be
considered to be of good chemical status when:

(a)

(b)

(c)

the relevant monitoring demonstrates that the conditions
set out in Table 2.3.2 of Annex V to Directive 2000/60/EC
are being met; or

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

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:

(i)

(ii)

(iii)

the assessment

referred to in
on the basis of
paragraph 3 of Annex III,
the concentrations of
pollutants exceeding the groundwater quality stan-
threshold values are not considered to
dards or
present a significant environmental risk, taking into
account, where appropriate, the extent of the body of
groundwater which is affected;

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
paragraph 4 of Annex III to this Directive;

for bodies of groundwater identified in accordance
with Article 7(1) of Directive 2000/60/EC,
the
requirements of Article 7(3) of
that Directive are
in accordance with paragraph 4 of
being met,
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.

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

the periodic review of

7. The Commission shall publish a report by 22 December
2009 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
paragraph 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.

3. Choice of the groundwater monitoring sites has to satisfy
the requirements of Section 2.4 of Annex V to Directive 2000/
60/EC on being designed so as to provide a coherent and
comprehensive overview of groundwater chemical status and to
provide representative monitoring data.

4. 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 explanation
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.

If a body of groundwater is classified as being of good
5.
chemical status in accordance with paragraph 2(c), Member

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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
represented by the monitoring point or points at which the value
for a groundwater quality standard or the threshold value has
been exceeded.

Article 5

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

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

2. Member States shall, in accordance with Part B of Annex IV,
reverse trends which present a significant risk of harm to the
quality of aquatic ecosystems or terrestrial ecosystems, to human
health, or to actual or potential
legitimate uses of the water
environment, through the programme of measures referred to in
Article 11 of Directive 2000/60/EC, in order progressively to
reduce pollution and prevent deterioration of groundwater.

3. Member States shall define the starting point for trend
reversal as a percentage of the level of the groundwater quality
standards set out
the threshold values
established pursuant to Article 3, on the basis of the identified
trend and the environmental
in
accordance with Part B, point 1 of Annex IV.

risk associated therewith,

in Annex I and of

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 significant and sustained upward
trend in concentration of any pollutant or a reversal of that
trend; and

(b)

the reasons for the starting points defined pursuant to
paragraph 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
these assessments shall be
the environment. The results of

to be
summarised in the river basin management plans
submitted in accordance with Article 13 of Directive 2000/60/
EC.

Article 6

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 accordance
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)

(b)

shall

in particular

any hazardous

substances, without prejudice

all measures necessary to prevent inputs into groundwater
to
of
paragraphs 2 and 3. In identifying such substances, Member
States
take account of hazardous
substances belonging to the families or groups of pollutants
referred to in points 1 to 6 of Annex VIII to Directive 2000/
60/EC, as well as of 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;

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
inputs into
pollution, all measures necessary to limit
groundwater so as to ensure that such inputs do not cause
deterioration or significant and sustained upward trends in
the concentrations of pollutants in groundwater. Such
measures shall take account, at least, of established best
practice, including the Best Environmental Practice and Best
Available Techniques specified in the relevant Community
legislation.

(b), Member States may, as a first

For the purpose of establishing measures referred to in points (a)
or
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.

step,

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

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(c)

(d)

(e)

(f)

future danger of deterioration in the quality of the receiving
groundwater;

the consequences of accidents or exceptional circumstances
of natural cause that could not reasonably have been
foreseen, avoided or mitigated;

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

in the view of the competent authorities incapable, for
technical reasons, of being prevented or limited 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 quan-
tities of pollutants from, or otherwise control their
percolation in, contaminated ground or subsoil; or

accordance with the regulatory procedure with scrutiny referred
to in Article 9(2), taking into consideration the period for
reviewing and updating river basin management plans, as
referred to in Article 13(7) of Directive 2000/60/EC.

2.
Part B of Annex II may be amended, in accordance with the
regulatory procedure with scrutiny referred to in Article 9(2), in
order to add new pollutants or indicators.

Article 9

Committee procedure

1. The Commission shall be assisted by a committee.

2. Where reference is made to this paragraph, Article 5a (1) to
(4) and Article 7 of Decision 1999/468/EC shall apply, having
regard to the provisions of Article 8 thereof.

international

including at

including cutting, dredging,

interventions in surface waters for

the result of
the
purposes, amongst others, of mitigating the effects of
floods and droughts, and for the management of waters
level. Such
and waterways,
activities,
relocation and
deposition of sediments in surface water, shall be conducted
in accordance 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
achievement of the environmental objectives established for
the water bodies concerned in accordance with Article 4(1)
(b) of Directive 2000/60/EC.

efficient monitoring of

The exemptions provided for in points (a) to (f) may be used only
where the Member States' competent authorities have established
that
the bodies of groundwater
in accordance with point 2.4.2 of Annex V to
concerned,
Directive 2000/60/EC, or other appropriate monitoring, is being
carried out.

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 Commission.

Article 7

Transitional arrangements

In the period between 16 January 2009 and 22 December 2013,
any new authorisation procedure 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.

Article 8

Technical adaptations

1.
amended,

Parts A and C of Annex II and Annexes III and IV may be
in

in the light of scientific and technical progress,

Article 10

Review

come

it shall,
forward with legislative proposals,

Without prejudice to Article 8, the Commission shall review
Annexes I and II to this Directive by 16 January 2013, and
if
thereafter every six years. Based on the review,
in
appropriate,
accordance with the procedure laid down in Article 251 of the
Treaty, to amend Annexes I and/or II. In its review and in
preparing any proposal, the Commission shall take account of all
relevant information, which might include the results of the
implemented under Article 8 of
monitoring programmes
Directive 2000/60/EC, of Community research programmes,
and/or of recommendations from the Scientific Committee on
Health and Environmental Risks, Member States, the European
Parliament,
the European Environment Agency, European
business organisations and European environmental organisa-
tions.

Article 11

Evaluation

The report by the Commission provided for under Article 18(1)
of Directive 2000/60/EC shall
for groundwater include an
evaluation of the functioning of this Directive in relation to other
relevant environmental legislation, including consistency there-
with.

Article 12

Implementation

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Directive
forthwith inform the
before 16 January 2009. They shall
Commission thereof.

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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.

Article 13

Entry into force

Article 14

Addressees

This Directive is addressed to the Member States.

Done at Strasbourg, 12 December 2006.

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

For the European Parliament
The President
J. BORRELL FONTELLES

For the Council
The President
M. PEKKARINEN

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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

Nitrates

Active substances in pesticides, including their relevant
metabolites, degradation and reaction products (1)

50 mg/l

0,1 μg/l
0,5 μg/l (total) (2)

(1)

(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, including their relevant
metabolites, degradation and reaction products.

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 significant
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
characterisation 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)(c)(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 out in part B;

(d)

hydro-geological characteristics including information on background levels and water balance;

2)

3)

4)

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;

wherever elevated background levels of substances or ions or their indicators occur due to natural hydro-geological
reasons, these background levels in the relevant body of groundwater shall be taken into account when establishing
threshold values;

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 or indicators which may occur both naturally and/or as a result of human activities

Arsenic

Cadmium

Lead

Mercury

Ammonium

Chloride

Sulphate

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2.

Man-made synthetic substances

Trichloroethylene

Tetrachloroethylene

3.

Parameters indicative of saline or other intrusions (1)

Conductivity

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)

(b)

(c)

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;

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
terrestrial ecosystems, and, in the case of naturally-occurring substances, the natural background levels in the bodies
of groundwater;

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.

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

sulphate and chloride or for conductivity.

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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)(c), Member States will take into account:

(a)

(b)

(c)

the information collected as part of the characterisation to be carried out in accordance with Article 5 of
Directive 2000/60/EC and with Sections 2.1, 2.2 and 2.3 of Annex II thereto;

the results of the groundwater monitoring network obtained in accordance with Section 2.4 of Annex V to
Directive 2000/60/EC; and

any other relevant information including a comparison of the annual arithmetic mean concentration of the
relevant 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.

For the purposes of investigating whether the conditions for good groundwater chemical status referred to in Article 4
(2)(c)(i) and (iv) are met, Member States will, where relevant and necessary, and on the basis of appropriate
aggregations 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.

For the purposes of investigating whether the conditions for good groundwater chemical status referred to in Article 4
(2)(c)(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:

3.

4.

(a)

the impact of the pollutants in the body of groundwater;

(b)

(c)

the amounts and the concentrations of the pollutants being, or likely to be, transferred from the body of
groundwater to the associated surface waters or directly dependent terrestrial ecosystems;

the likely impact of the amounts and concentrations of the pollutants transferred to the associated surface
waters and directly dependent terrestrial ecosystems;

(d)

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

(e)

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
indicate 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)

2)

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;

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)

(ii)

provide the information necessary to ensure that such upward trends can be distinguished from natural
variation with an adequate level of confidence and precision;

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)

(c)

(d)

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;

the assessment will be based on a statistical method, such as regression analysis, for trend analysis in time series
of individual monitoring points;

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 baseline levels and, where such data are available, 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.

Part B

Starting points for trend reversals

Member States will reverse identified significant and sustained upward trends, in accordance with Article 5, 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;

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(b)

(c)

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

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. Such later starting point may not
lead to any delay in achieving the deadline for the environmental objectives.

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 Directive 2000/
60/EC and, in particular, adhering to environmental objectives for water protection as set out in Article 4 of Directive
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 point 1 above, 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, point 2.