CELEX: 51978PC0003
Language: en
Date: 1978-01-24
Title: Proposal for a Council Directive on the protection of groundwater against pollution caused by certain dangerous substances (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 3
Vol. 1978/0001
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                COM(78 ) 3 final    •
                                                Brussels , 24 January 1978
                              Proposai for a
                            Council Directive
        on the protection of groundwater against pollution caused
                        by certain dangerous substances
           ( submitted to the Council by the Commission)
                              /<- • -'          .A
                             />           ••     , A ■
                                         T.     " A
COM( 78) 3 final
 ---pagebreak--- EXPLANATORY MEMORANDUM
1 . Introduction
Groundwater constitutes an important part of the Community 's water resources .
Although often more difficult to exploit than surface    water , groundwater
does have an important regulating capacity, especially in periods of low
water or drought .  Furthermore , the filtration capacity of the soil gives
aquifers partial protection against certain forms of pollution and imparts
a quality to the water which makes it suitable for the highest–grade uses .
Yet groundwater pollution is insidious and only becomes apparent when it
reaches an abstraction point j furthermore , it is still difficult in the
majority of cases to ascertain the progression and effects of this pollution .
It is for all these reasons and to safeguard this vitally important resource
that the Action Programmes of the European Communities on the Environment*
set out to t
" protect the quality of groundwater and its abstraction points against
pollution and against amy ecologically unacceptable deterioration in the
groundwater system".   The programmes also require the Commission to
implement the necessary measures as provided, for under Directive 76/464/EEC
and in particular " to submit a proposal for a Directive on groundwater
proteotion".
There is growing evidence in the Member States of the Community of ground­
water pollution caused principally by toxic substances , hydrocarbons and
nitrates .  This produces chemical , physical and biological change in the
water with the result that the uses to which it can be put are gradually
limited .
Groundwater pollution involves two basic mechanisms .   Firstly, the pollutant
 seeps vertically between the source and the aquifer ,often through a non–
 saturated intervening layer .  It then percolates horizontally through the
–                                                                      • . •/• • •
 10J No C 112 of 20 December 1973
  OJ No C 139 of 13 June 1977
 ---pagebreak---  aquifer .  This explains why groundwater pollution is generally accompanied
not only by pollution of the soil and the rock above the aquifer , especially
 in the case of free aquifers , but by pollution of the reservoir rook .
Groundwater pollution differs from surface water pollution in various respects
The following salient factors should be noted t
– a substance discharged on to the ground is likely, before reaching the
   groundwater , to be fixed , modified or decomposed owing to various phenomena
   such as solubilization , insolubilization and changes in composition ;
– changes in the composition of substances which have entered groundwater
   are generally slower than in surface waters ;
– substances in groundwater can be transported by it over very long distances
   and their residence time may also be very long .
These remarks illustrate the particular gravity of groundwater     pollution ,
especially where dangerous substanoes are discharged *
2 . Ai m
On 4 May 1976 the Courifcil of the European Communities adopted a Directive
on pollution caused by certain dangerous substances discharged in the aquatic
environment of the Community .   This Directive applies to inland surface
water , territorial waters , internal coastal waters and groundwater .
Article 4 of the Directive of 4 May 1976 provides for a speoific Directive
on groundwater to be drawn up in view of the special features of such
water .   At its 394th Session on 3 and 4 May 1976 the Counoil requested that
a Commission proposal on groundwater be submitted as soon as possible .
The aim of this proposal for a Directive is to define the appropriate means
of preventing , reducing or eliminating groundwater pollution caused by the
discharge of the dangerous substances in Lists 1' and II annexed to the
proposal for a    Directive *
 ---pagebreak---                                      - 3 -
3 . Laws and regulations in force in the Member States
It is clear from a review of the legal situation in the Member States that
there is a multiplicity and great diversity of provisions to protect ground­
water from pollution *
Belgium
The Law of 26 March 1971 on "the protection of groundwater establishes a
general control on the disoharge , dumping or deposit of substances likely
to contaminate groundwater .   Accordingly , it provides for the prohibition ,
regulation or authorization of the transport , storage , dumping, discharge ,
burial , disposal , tipping and spreading of these substances in abstraction
and proteotion zones and , outside these zones , the regulation or authorisation
of direct or indirect tipping or dumping of these substances on and in the
ground .
Denmark
Article 11 of Law No 372 of 13 June 1973 on the proteotion of the environment
stipulates that surface water , drainage water , waste water and other
effluents likely to pollute the groundwater may not , without authorization ,
be discharged on to the land or introduced into the subsoil via sumps or
other wells , boreholes , drainage or other installations .
There are special provisions governing the siting and operation of certain
installations , e.g , for underground hydrocarbons storage and domestic
effluent release .
               \
France
The Law of 16 December 19"4 introduced the general principle of    praor
authorization for the discharge of wastes likely to contaminate the aquatio
environment , in particular groundwater .
                                                                         •/ • • •
 ---pagebreak---  With the more specific aim of protecting groundwaterf the Law provides for a
 general ban on all discharge or disposal of waste water or waste products of
any kind into disused wells , "boreholes or catchment tunnels .
 In implementation of this Law the Decree of 23 February 1973 lays down the
                                                                          I
authorization procedure with special arrangements for shallow aquifers
 ( less than 10 m) and those oocurring at a greater depth ( over 10 m). This
Decree is supplemented by Orders of 13 May 1975 laying down the technical .
prerequisites for tipping, discharge , disposal and dumping authorizations .
Lastly, the Order of 10 August 1976 lays down conditions for the study prior
to application for authorization to release liquid radioactive effluent from
nuclear installations .
Ireland
The 1977 Local Government ( Water Pollution) Act introduces a system for
authorizating the release of domestic and industrial effluent into water .
The authorization is subject to certain conditions which , for example , take
account of the nature of substanoes released , the characteristics of the
reoeiving medium , a monitoring procedure and aooident–prevention measures .
Italy
Law No 319 of 10 May 1976 °n the protection of water against pollution •
establishes general technical standards governing authorization of the
dumping or release of wastes on or in the ground , but excludes discharges
likely to cause groundwater contamination .
Luxembourg
The Law of 16 May 1929 on the cleansing, maintenance and improvement of
watercourses stipulates that waste-water purification by the soil can be
carried out only on condition that groundwater use is not compromised and
that there is no danger to health .   Under the Law of 9 January I96I on the
exploitation of groundwater resouroes & landowner with a hollow on his
 ---pagebreak---                                      - 6 -
 United Kincdora
 The Control of Pollution Act I974 makes all waste disposal subject to an
authorization which may be granted only if the discharge presents no
 hazard to health risk of water pollution .
 Special provisions provide that authorizations are necessary for installations
 engaged in the drilling for, refinining and storage of hydrocarbons , for the
dumping of residues , processes involving the disoharge of organic wastes ,
for the building of cemeteries and for works likely to cause erosion .
It is also forbidden to disoharge via boreholeB , pipes or into wells used
for the supply of drinking water .
In view of the disparity between legal provisions in the Member States ,
which is likely to produce a distortion of the conditions of competition
and hence have a direct effect on the functioning of the Common Market ,
Article 100 of the Treaty should be invoked .
Considering also that the Treaty has not provided for all the necessary
powers to enable measures to be taken to safeguard and improve the quality
of groundwater , Article 235 of "the Treaty should be invoked .
It should also be borne in mind that Article 4 of "kh® Council Directive
of 4 May 1976 on pollution caused by certain dangerous substances discharg­
ed into the aquatic environment of the Community provides for the implement­
ation of a separate Directive on groundwater .
Under Articles 100 and 235 of the Treaty the opinion of the European
Parliament and the Economic and Social Committee is required .
4 . Comments on the proposal for a Directive
4*1 • General Commenta
The aim of this proposal for a Directive is to preserve exploitabxe ground–
water resources , i.e. water in the saturation zone . " Saturation zone" means
 ---pagebreak---                                       5
land may not dump substances on his property which may pollute groundwater
streams . Furthermore , a general provision of the Law of 29 July 1965 on
the conservation of nature and natural resources makes the establishment
of tips subject to authorization ; this iB refused if the tipping site
presents a water-conservation hazard .
The Law of 27 June 1906 also introduces the concept of protection zones
within which it is forbidden to spread human fertilizer or other substances
likely to contaminate the water .
Fédéral Republic of Qermany
Under the Law of 27 July 1957      water management (Water Resources Law –
WHO ), as last amended on 16 October 1976 , authorization for the release
of substances into groundwater may be issued only if there is non reason
to   suspect that the water may be polluted or its properties may be
impaired in any other way .
Netherlands
                    t
There are no national laws in the Netherlands specifically ooncerned with
the ecological protection of the soil and groundwater . Most provincial
authorities have nevertheless taken measures of this kind under the powers
conferred upon them by the law on the organization of the provinces with
respect to the control of areas net covered by the law .
                                                                               1
Specific laws regulate the discharge of various substances which plight
have a harmful effect on groundwater . These are t "Hinderwet " ( Law on
nuisances, 19^52), "Bestri jdingsmiddelenwet" ( Law on pesticides, 1962),
"Wet Gevaarlijke stoffen" ( Law on dangerous substances , 1965 )* "Wet op de
li jkbezorging" ( Law on burials, 1896 ).
In addition , certain activities which threaten water quality are controlled
by the Act on chemical waste and w&ete oil of October 1973 which prohibits
the release of dangerous chemicals in watercourses , with exceptions subject
to authorization . ,
                                                                   • • •/• • •
 ---pagebreak---  that portion of the aquifer where all voidB are filled with water .      This
 excludes waters in the aeration zone whioh either recharge the saturation
 zone or form part of the waters of the plant biosphere .
 The scope of this Directive does not extend to wastes arising from domestic
 effluent    from individual   dwellings , from agricultural activities , wastes
 produced by the titanium dioxide industry and wastes containing radioactive
 substances :
 – the first category relates in particular to dwellings which are not
    connected to a public sewerage system } the risk of polluting groundwater
    is fairly low and control presents practical problems ;
 – in the second category there is a risk of pollution from indirect dis­
    charge } however , the complexity of the problem demands a special study
    – now being carried out by the Commission – which should lead to
    Community directives }
 – on 18 July 1975 "the Commission presented to the Council a proposal for a
    Directive on waste from the titanium dioxide industry ( OJ C 222 of
    29 September 1975 )* It lays down an authorization procedure and a
    special system for controlling the injection of such waste into the
    groundwater }
 – radioactive wastes are excluded because they are already covered by the
    Council Directive of 1 June 1976 laying down the revised basic safety
    standards for the health protection of the general public and workers
    against the dangers of ionizing radiation ( OJ L 187 of 12 July 1976 )*
 There are two methods of making discharges into groundwater , either s
 i ) directly into the saturation zone ( e.g. , sumps ), in which case the
     polluting    capacity of the discharged substances is unaffected ;
ii ) indirectly after seepage through the aeration zone .    In the process , the
     discharged substances are subject to physioo-chemical action and , in
 ---pagebreak---       some cases , biological action which may either arrest them or reduce
      their polluting capacity .  All together these actions , constitute the
      purifying capacity of the ground *
 4.1.1 . Direct discharge of substances in List I
The direct discharge of substances in List I is generally banned on account
 of their properties , in particular acute toxioity and persistence .    Some
 exceptions to this rule have been considered    however , and are based on
the following factors :
– the concept of unusable water , which was introduced by the Directive of
   4 May 1976 , has been taken over but clarified to allow identification of
   aquifers whoBe sole function would be to reoeive polluting substances
   difficult to dispose of by other means ;
– the handling of water pumped out of mines and quarries , of water used
   for geothermal purposes and water pumped in the course of certain civil
  engineering works in no way alters the quality of Buoh water )
– certain ground resources oannot be exploited or used to economic advantage
   without water injection ; the importance of such operations justifies a
   detailed study of the pollution risks )
– in order to determine the properties of the ground it may be necessary
   to inject certain substances t e.g. groundwater velocity can be measured
   by radioactive tracers .   The practical and scientific importance of such
   experiments justifies a detailed study of the risks of pollution :
              \
– collected rainwater may constitute an important resource ; in addition ,
   its quality is easy to monitor *
 ---pagebreak--- 4 .1#2 « Indirect di scharges of BubstanceB in List I and discharges of  t
         substances in List II
The purifying capacity of the soil enables the authorization system to be
applied to the indirect discharge of substances on List I. Direct and
indirect discharges of substances in List II are also subject to authorization .
As part of the authorization procedure an investigation must always be made
of the hydrogeological conditions obtaining in the zone in question .
In addition , the application for authorization ( issued by the competent
authority) must , in the case of direct and indirect discharges of substances
in List I and the direot discharge of substances in List II , contain
information about the place and method of disposal , the essential precautions
to be taken during the operation and., where appropriate , the maximum permiss­
ible concentration and quantity of a substance in the discharge .
The diagram gives a simplified view of the proposed system of bans and
authorizations .
 ---pagebreak---                                                      - 10 -
                   Exceptions
                                   Discharges arising from domestic effluent from Isolated dwellings
                                  Discharges arising from normal agricultural activities
                                  Discharges arising from the titanium dioxide industry
                                  Discharges containing radioactive substances
                LIST I
                                                                                          LIST II
     Direct
     dischargé'                                     Indirect          Direct                           Indirect
                                                    di schar^e        discharge                        di scharge
                                 Jouausable aquifers ^
                      1       ' Freinjection into thel
                 Exceptions   -"^isame aquifer          J
                                  £scientific workj
                                  frain water ]
Prohibition                                      Authorization                                       Authorization
                                                 Articles 5 and 6                                    Article 5
 7/777
                                              *     rr                                                /// //
 ---pagebreak---                                     - 11 -
4 . 2 . Commenta on the Annex                                               ,
Certain amendments have been proposed to List I of dangerous substance 8 as
set out in the Directive of 4 May 1976 to reflect more faithfully the
particular case of groundwater.
  i ) Mineral oils and hydrocarbons of petroleum origin
       List I of the Directive of 4 May 1976 contains only " persistent "
       substances . It is proposed to drop this term, as many studies show
       that all mineral oils and all hydrocarbons of petroleum origin are
       liable to persist for a long time in the underground environment .
ii ) Persistent synthetic substances which may float , remain in suspension
        or precipitate and which may interfere with water use
        These substances are unlil^.y to occur in groundwater , their omission
        from List I is justified .
                 %
 ---pagebreak---           Proposal for a Council Directive on the protection of
         groundwater against pollution caused by certain
         dangerous substances
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regaird to the Treaty establishing the European Economic Community ,
and in particular Articles 100 and 235 thereof ,
Having regard to the proposal from the Commission ,
Having regard to the opinion of the European Parliament ,
Having regard to the opinion of the Economic and Social Committee ,
Whereas there is an urgent need for action to protect the groundwater of
the Community from pollution , particularly that caused by certain toxic ,
persistent and bioaccumulable substances ;
                                                                          »
Whereas the programmes of action of the European Communities on the
environment of 1973 and 1977* provide for a number of measures to protect
groundwater from certain pollutants ;
Whereas Article 4 of Council "Directive 74/464/EEC of 4 May 1976 on pollution
caused by certain dangerous substances discharged into the aquatic environment
                  2
of the Community    provides for the implementation of a separate Directive on
groundwater :
   0J No C 112, 20.12.1973, p.    and 0J No C 139» 13.6.1977 , P
2 0J No L 129L  18.5.1976, p.23
 ---pagebreak--- Whereas any disparity between the provisions on the discharge of certain
dangerous substances into groundwater already applicable or in preparation
in the Member States may create unequal conditions of competition and thus
directly affect the functioning of the common market 5 whereas it is there­
fore necessary to approximate laws in this field , as provided for in Article
100 of the Treaty ;
                           «
Whereas it is necessary for this approximation of laws to be accompanied
by Community action in the sphere of environmental protection and
improvement of the equality of life ; whereas certain Bpeoific provisions
to this effect should therefore be laid down } whereas Article 235 of the
Treaty should be invoked as the requisite powers have not been provided
for by the Treaty }
Whereas substances discharged are , by virtue of the purifying capacity of
the soil and subsoil , subjected to processes capable of reducing their
pollutant capacity ;   whereas a distinction should therefore be made between
direct and indirect discharge into the groundwater }
Whereas , in order to ensure effeotive protection of the groundwater of the
Community, it is neoessary to prohibit the direct discharge of the substances
enumerated in List I and to make the indirect discharge of the substances
on this List and the direct or indirect discharge of the substances on List
II subject to prior authorization }
Whereas the following should be excluded from the scope of this Directive :
domestic effluent from isolated dwellings , on account of the low risk of
pollution and the difficulty of controlling the discharge of such effluent }
wastes arising from normal agricultural activities } wastes generated by
the titanium dioxide industry, which will be the subject of special
Community rules ; radioactive substances and wastes , since they are already
covered by Council Directive 76/579/EEC of 1 June 1976 laying down the revised
basio safety standards for the health protection of the general public and
workers against the dangers of ionizing radiatioif •
                                                                     • • •/ • • *
  OJ No L I87 , .. 12.7.1976 , p.l .
 ---pagebreak--- Whereas exceptions should be permitted to allow certain dangerous substances
to be removed from the ecosystem , " discharge " of which into aquifers isolated
from the biosphere is effective and ecologically harmless ;
Whereas it is necessary to provide for other exceptions to the prohibition
on the direct discharge of substanoes on List I in view of the scientific
and practical benefit which certain discharges may offer ,., or because they
do not affect groundwater quality }
Whereas an inventory of the authorizations granted for the discharge of
List I substanoes into groundwater should be drawn up in order that
their origin may be determined ;
Whereas Member States should be able , individually or jointly, to take
more stringent measures than those provided for under this Direotive ;
Whereas it may be necessary to revise and , where required , supplement
Lists I and II on the basis of experience , if appropriate , by transferring
certain substances from List II to List I ,
 ---pagebreak--- HA S ADOPTED THIS DIRECTIVE :
                                     Article 1
1 . The purpose of this Directive ia to prevent , reduce or eliminate ground­
    water pollution caused by substances belonging to the families and groups
    of substances enumerated in Lists I and II in the Annex , hereinafter
    called " substances in Lists I or II ",
2 . For the purposes of this Directive :
    a) " groundwater" means all water which is below the surface of the ground
         in the water saturation zone and in direct contact with the ground ;
    b ) " pollution" means the discharge by man , directly or indirectly, of
         substances into the groundwater , the consequences of which are likely
         to endanger human health , water supplies , living resources or the
         aquatic ecosystem , or to interfere with other legitimate uses of this
         water ;
     c ) " direct discharge " means the introduction into the groundwater of
         substances Lists I or II without passage through the ground ;
     d ) " indirect discharge" means the introduction into the groundwater of
          substances  Lists I or II after passage through the ground .
                                      Article 2
 This Directive Bhall not apply to the following discharges :
 - domestic effluents from isolated dwellings ;
 - discharges arising from normal agricultural activities ;
 ---pagebreak--- – discharges of the titanium dioxide industry ;
– discharges containing radioactive substances .
                                                                            *
                                     Article 3
1 . The Member States shall prohibit all direct discharge of substances in
    List I.
2 . Notwithstanding the foregoing provision , Member States may , under a system
    of prior authorization , provide for exceptions in the case of :
    a ) discharges into aquifers which are isolated from the biosphere and
        unusable for any purpose , especially domestic or agricultural ;
    b ) discharges due to the re–injection into the same aquifers of water
        used for geothermal purposes , of water pumped out from mines and
        quarries ,or water pumped out for civil engineering works ;
    c ) discharges due to the injection of waste water used in the exploration
        for , and working of, resources contained in the ground and discharges
        due to the exploitation of these resources ;
    d ) discharges due to the injection of substances during scientific Work ;
    e ) discharges of collected rainwater .
                                     Article 4
The Member States shall make all indirect discharges of substanoes in List I
and all direct and indirect discharges for substances in List II subject to
prior authorization .
 ---pagebreak---                                    Article 5
The authorizations referred to in Articles. 3 ( 2 )   and     4 may be granted
only after consideration of the hydrogeological conditions of the area
concerned and on condition that any significant risk of pollution is
eliminated .  The authorizations may be amended or withdrawn .
                                   Article 6
1 . The authorizations granted for the discharges referred to in Article 3 ( 2 )
    and for the indirect discharges of substances in List I and the direct
    discharges of substances in List II shall be subject to supplementazy
    requirements *
2 . The authorizations shall specify in particular 1
    - place of discharge ,
    – method of discharge .
    – essential precautions in each individual case , taking particular account
      of the nature and concentration of the substances contained in the
      discharge and the characteristics of the receiving 'environment *
3 * In addition , the authorizations shall , where necessary for the implement–
    ation of this Directive , lay down t
                                                                           «
    – the maximum permissible concentration of a substance in the discharges ,
    – the maximum permissible quantity of a substance in the discharges over
      one or more specified periods of time *
                                   Article 7
1   If the discharger states that he is unable to comply with the conditions
    laid down in an authorization , or if this fact is evident to the
    competent authority, authorization shall be refused *
 ---pagebreak---                                         - 7 -
 2 . Should the conditions laid down in an authorization not be met , the
     competent authority shall take all appropriate steps to ensure that the
     conditions are fulfilled and , if necessary , withdraw the authorization .
                                      Article 8
As regards direct or indirect discharges of the substances in Lists I and II
occurring at the time of the notification of this Directive , the Member
States may stipulate a period not exceeding three years after entry into
force of the provisions referred to in Article 14(l )» on the expiry of
which the discharges in question must comply with this Directive .
                                      Article 9
The Member States shall keep an inventory of authorizations as referred to
in Articles 3(2 ) and 4              granted in respect of direct or indirect
discharges containing substances in List I.
                                      Article 10
                         , '•4
l»Por the purposes . of this Directive , the Member States shall supply the
     Commission , at its request , to be made separately for each case , with
     all the necessary information , and in particular :
     a ) the hydrogeological conditions referred to in Article 5i
     b ) details of the authorizations granted )
     c ) results of the monitoring and inspection operations carried out }
     d ) results of the inventory provided for in Article
                                                                           /
 ---pagebreak--- 2 . Information acquired pursuant to this Article shall be used only for the
    purpose for which it waB requested *
3 . The Commission and the competent authorities of the Member States , their
    officials and other employees shall not disclose information acquired
    by them under this Directive and of a kind covered by the obligation of
    professional secrecy#
4 . The provisions of paragraphs 2 and 3 of this Article shall not prevent
    publication of general information or surveys not containing data relating
    to particular undertakings or associations of undertakings .
                                   Article 11
The application of the measures taken pursuant to this Directive may on no
account be permitted to increase , either direotly or indirectly, the pollution
of groundwater *
                                   Article 12
Where appropriate , Member States may, individually or jointly ,   take
more stringent measures than those provided for under this Directive .
                                   Article 13
The Council , feting on a proposal from the Commission , shall revise and ,
where necessary , supplement Lists I and II on the basis of experience , if
appropriate by transferring certain    substaaoes from List H to List I.
                                   Article 14
1 . The Member States shall , within two years of the date of notification of
    this Directive , bring into force the laws , regulations and administrative
 ---pagebreak---      provisions necessary to comply therewith and shall immediately inform
    the Commission thereof .
2 . The Member States shall communicate to the Commission the text of the main
    provisions of national law which they adopt in the sector covered by this
    Directive .
3 . Once the measures referred to in paragraph 1 of this Article have "been
    implemented by a Member State , the provisions of Directive 76/464/EEC
                relative to groundwater shall no longer apply .
                                   Article 15
This Directive is addressed to the Member States .
Done at Brussels .
For the Council
The Président
 ---pagebreak---                                      - 10 -
                                    ANNEX
List I of families and groups of substances
List I contains the individual substances which belong to the families
and groups of substances enumerated below ? with the exception of those
which are biologically harmless or which are rapidly converted, into
substances which are biologically harmless t
                                                                         (
1 . organohalogen compounds and substances which may form such compounds .
    in the aquatic environment }
2 . organophosphorous compounds ;
3 . organatin compoundss
4 * substances whioh possess carcinogenic properties in or via the aquatic
    environment^:
5 . mercury and its compoundsj
6 * cadmium and. its compounds ;
                       !V
7 . mineral oils and hydrooarbons of petroleum origin *
               1
   Where certain substances in List II are carcinogenic , they are
   included, in category 4 of this list *
 ---pagebreak---                                          - 11 -
 List II of families and croups of substances
 List II contains the individual substanoes and the categories of substances
 belonging to the families and groups of substances listed below *
 1 . The following metalloids and metals and their compounds :
      1 . zinc            6 . selenium      11 • tin       16 . vanadium
      2 . copper          7 . arsenic       12 • barium    17 • cobalt
      3 . nickel          8 . antimony      13 . beryllium 18 . thallium
      4 » chromium        9 . molybdenum    14 . boron     19 * tellurium
      5 . lead           10 . titanium      15 . uranium   20 . silver
2 . Biocides and their derivatives not appearing in List I.
3 . Substances which have a deleterious effect on the taste and/or odour of
     groundwater , and compounds liable to cause the formation of such subs­
     tances in water .
4 * Toxic or persistent organic oompounds of silicon , and substances which may
     cause the formation of such compounds in water , excluding those which are
     biologically harmless or are rapidly converted in water into harmless
     substances .           v'
                       1
5 . Inorganic compounds of phosphorus and elemental phosphorus .
6 . Cyanides
     Fluo rides
7 . Substances which have an adverse effect on the oaygen balance ,
     particularly 1
     ammoma
     nitrites