EU Groundwater Directive:

EU Groundwater Directive:

Built-up on WFD to set clear environmental objectives and

strengthening protection

BRIGE FINAL MEETING, Paris - 15 December 2006

2

Diversity of

regions: different hydrogeological conditions

Diversity of uses, aspirations,

pressures and impacts: linked to risk

analysis (Art. 5 WFD)

4

EU policy instruments

for protecting our water resources

Financial incentives (+/-)

new EU Agricultural Policy;

EU Funding Tools;

water pricing (WFD cost recovery)

EU Research Programmes Environmental EU

Legislation

Water Framework Directive, Urban Waste Water Directive,

Nitrates Directive, Groundwater

Directive

Water Framework Directive key elements

• protecting all waters, surface and groundwaters;

• covering all impacts on waters (risk analysis and design of appropriate programmes of measures);

• good quality (‘good status’) to be achieved, as a rule, by 2015;

• water quality comprehensively defined in terms of biology, chemistry and morphology;

• water management based on river basins;

• monitoring programmes for surface and groundwaters, both as a planning tool and as an assessment

instrument;

• economic instruments: getting the prices right - to promote prudent use of water;

• mandatory public participation;

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One coherent management frame for all water-related legislation

Bathing Water Directive

1976/2006

Sampling and Analysis

Directive 1979

Shellfish Water Directive 1979

Groundwater

Directive 1980 Surface Water Directive 1975

Dangerous Substances Directive 1976

Nitrates Directive Urban 1991

Waste Water Directive 1991 Exchange of

Information Decision 1977

Fishwater Directive 1978 Drinking

Water Directive

1996

X

X

X X

X X

X X

DS Daughter Directives 1981-1986

X

X repealed by 2007; X repealed by 2013; X repealed together with adoption of WFD Daughter Directive on Priority Substances

IPPC Directive 1996

WFD

Priority Substances

Directive 2007 Groundwater

Directive 2006 Floods

Directive 2007

Environmental objective (1)

“good status”

• For surface waters defined in terms of

- biology (aquatic flora and invertebrate fauna – composition and abundance; fish fauna –

composition, abundance and age structure);

- chemistry; and - hydromorphology;

• For groundwater defined in terms of

- chemistry (compliance with numerical quality standards; no saline or other intrusions); and

- quantity (balance between natural recharge and abstractions)

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WFD

requirements

GROUNDWATER PROTECTION AGAINST POLLUTION

80/68/EEC Directive

Article 17 WFD

Environmental objectives (good

status by 2015)

Prevent/limit pollutant discharges

(authorisations)

Criteria for good chemical status, protection measures Repeal planned

in 2013 under the WFD River basin

management, protection measures

Specifications in support of WFD,

no duplication

Groundwater legislative framework

under the WFD

Good chemical status

GROUNDWATER DAUGHTER DIRECTIVE (Art. 17 WFD)

Pollution trend studies

Prevent/limit pollution ORIGINAL PROPOSAL

Existing EU wide standards and pollutant thresholds

for GW at risk

Links to measures, RBMP time frame,

and point sources of pollution

Consideration of direct and indirect Inputs of pollutants

Orientations of the new Groundwater

Directive: environmental objectives

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Risks of pollution from diffuse/point sources (urban, agriculture,

industrial): Art. 5 WFD (“bodies at risk”)

Quality standards / Thresholds linked to chemical status Interactions with aquatic and terrestrial

ecosystems. Links with SW status and EQS

Prevent / Limit measures Drinking water

Abstraction Art. 7 WFD

Run-off

Issues tackled jointly by the WFD and the new Groundwater Directive

(recalled in recitals)

Groundwater= natural resource to be protected against pollution and deterioration, in particular for dependent ecosystems and for use in water supply (links with Article 7 of WFD about Drinking Water Protected Areas)

• High naturally occurring levels of chemical substances due to hydrogeological conditions are not considered to be pollution (i.e. human inputs)

• Reminder that artificial recharge permitted provided that WFD objectives are not compromised

• Request for reliable and comparable monitoring

methods and coordination to set GW threshold values

• Recommendation for research to be conducted for

Selected considerations (recitals highlighting features which are not

subject to an operational article)

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Scope of the directive (Article 1)

1. Establishes specific measures to prevent and control groundwater pollution responding to Article 17(1) and (2) of WFD, in particular:

– Criteria for the assessment of good chemical status

– Criteria for the identification and reversal of significant and sustained upward trends and the definition of

starting points for trend reversals

2. Complements prevent/limit provisions of

pollutants inputs contained in WFD and aims

to prevent the deterioration of status of all

bodies of groundwater

Definitions (Article 2)

1. Groundwater quality standards (not to be exceeded) 2. Threshold values: GW standards to be set by Member

States at local, regional or national level

3. Significant and sustained upward trend: statistically and environmentally significant increase in pollutant

concentrations for which trend reversal is deemed necessary 4. Inputs of pollutants into groundwater: direct or indirect

pollutant introduction due to human activity

5. Background level: concentration/value corresponding to no or very minor anthropogenic alteration

6. Baseline level: concentration/value setting reference point for trend identification (reference years 2007-2008)

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Risks of pollution from diffuse/point sources (urban, agriculture, industrial)

EU-wide Quality standards:

Nitrates & pesticides TV establishment at most

appropriate level (local, regional, national), with account of impacts on aquatic and terrestrial

ecosystems, human toxicology and ecotoxicology knowledge

Drinking water abstraction

Run-off

Good chemical status criteria (Article 3)

Threshold values for “risk” substances set by MS (end 2008) –

Transboundary coordination required – Possible amendment at

RBMP review

=WFD environmental objective

(besides quantitative status covered by WFD)

Good chemical status criteria (Annex I)

• EU-wide groundwater quality standards:

– Nitrates: 50 mg/l

– Active substances in pesticides, including their relevant

metabolites, degradation and reaction products: 0.1 µg/l for individual substances, and 0.5 µg/l for total sum of detected and quantified individual pesticides

without prejudice to Directives 91/414/EEC and 98/8/EC

• Where GW quality standards could result in detrimental impact on ecological or chemical quality of associated ecosystems, more stringent threshold values shall be

established. 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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• Part A – Guidelines for the establishment of threshold values by Member States

• common methodology, taking account of identified risks, monitoring

representativeness, interactions, use and functions, hydrogeological characteristics

• Account of pollutant origin and natural occurrence, dispersion tendency, persistence and bioaccumulation, as well as (natural) background levels

• Part B – Minimum list of pollutants and their indicators for which Member States have to consider establishing threshold values

• Substances occurring both naturally and resulting from pollution (As, Cd, Pb, Hg, NH₄, Cl, SO₄), man-made substances (trichloro- and tetrachloro-ethylene), and conductivity (saline or other intrusions)

• Part C – Information to be provided with regard to the pollutants and their indicators for which threshold values have been established

• Number and size of GW bodies at risk, related pollutants, interactions/impacts, level at which TVs are established (national, river basin, groundwater body)

• Relationship between TVs and background levels for naturally occurring substances, existing standards, relevant information on pollutant pathways

Good chemical status criteria

(Annex II)

• Good chemical assessment for (groups of) GW bodies achieved when:

•No values exceeding GW standards/TVs at any monitoring point; or

• Exceeding value detected at one or more point(s) but demonstration that there are no environmental risks (account of extent of affected area) for the overall body, drinking water requirements (Art. 7(3) WFD) are met, and support to human uses not impaired by pollution

• Requirement for monitoring representativeness, reporting / explanation of exceeding values and protection measures undertaken at the point(s) concerned

Assessment of good chemical status

(Article 4)

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• Assessment for all GW bodies at risk, for all pollutants contributing to this characterisation (Art. 5 WFD)

• Investigation on exceeding values, taking into account Art. 5 WFD information, monitoring results,

comparison with annual mean concentrations

• Good chemical status classification taking account for:

•Conceptual modelling, extent of affected area

• pollutant impacts, amount of transferred pollutants to associated ecosystems, extent of saline intrusions, risks for DW abstracted water

• Reporting in accordance with WFD Annex V

requirements, adding exceeding as red dots on the maps

Assessment of good chemical status

(Annex III)

X

X

X X

X X

X

X

X

X

X

X

X – Threshold value: 25 µg/l (account of NBL + interactions) – DW safeguard zone (DW standard of 10 µg/l): minimum treatment should apply= compliance to Art. 7(3) of WFD X

DW Safeguard zone

Other protected areas

GROUNDWATER BODY= DWPA AQUATIC

ECOSYSTEM

TERRESTRIAL

ECOSYSTEM X

X

X X

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Summary to be reported in RBMP (way trends have

been identified, reasons for starting point for

trend reversal

Specific trend Assessment for

Point source pollution Drinking water

abstraction

Trend identification and reversal (Article 5)

NBL TV

%

Identification of statistically and environmentally significant upward trends in Groundwater bodies at risk- Reversal of trends presenting a risk for associated

Ecosystems, human health or legitimate uses through the WFD Programme of Measures Starting point for trend reversal as % of GW standard

or TV (depending on trend and associated risk)

• Part A – Identification of significant and sustainable upward trends

• Monitoring designed to detect trends of pollutants characterising GW bodies as being at risk

• Procedure covering monitoring frequencies and location, consideration of natural variability, existing data, flow conditions, recharge rates, soil percolation rates, monitoring methods and QA/QC, statistics, consideration of quantification limits

• Consideration of baseline levels (2007-2008) and, where available, data collected before the start of the WFD monitoring programmes

• Part B – Starting points for trend reversal

• As a general rule, when pollutant concentrations reach 75% of parametric value of GW standard or TV, unless

9 earlier starting point if needed for cost-effective trend reversal

9 different starting point when detection limits does not allow trend identification at 75% of parametric values

9 later starting point when measures still enabling to reverse trends without delaying environmental objectives

• For nitrates, action programmes for reversing trends are those of the Nitrates

Trend identification and reversal

(Annex IV)

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Risks of pollution from diffuse/point sources (urban, agriculture, industrial)

Limitation of inputs of non- hazardous pollutants, linked to chemical status objectives

Prevention of inputs of hazardous

substances Drinking water

abstraction

Run-off

Prevent or Limit Measures

(Article 6)

• Prevent or limit objective for pollutant inputs based on WFD programmes of measures, including:

• measures to prevent inputs of hazardous substances, taking into accounts authorisations

• measures to limit inputs of non-hazardous pollutants considered to present a pollution risk, so that they do not cause deterioration or pollution trends, including BEP, BAT

• As first step, assessment to identify which pollutants, in particular metals and their compounds, are to be considered hazardous or not

• Inputs of pollutants from diffuse sources of pollution having an impact on GW chemical status to be taken whenever technically possible

• Exemptions from measures (linked to permits, monitoring & inventory):

• direct discharge (Art.11(3)j WFD), de minimis clause, accidents or

Prevent or Limit Measures

(Article 6)

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• Technical adaptations of Annexes II.A and C, III and IV according to scientific progress and Annex II.B (adding new pollutants in the list) through comitology with

scrutiny

• Review of Annexes I and II in 2012 and thereafter every 6 years – if appropriate, legislative proposals taking account of monitoring data and research

outputs

• Evaluation of functioning of the directive in relation with other relevant legislation, including consistency

Other features

(Articles 7 and 8)

Cooperation on implementation

“Common Implementation Strategy”

Experts from EU countries, Candidate Countries and EFTA Countries as well as stakeholders and NGOs are all

involved in the implementation process :

• raising awareness and exchange information;

• developing guidance documents on various technical issues;

• carrying out integrated testing in pilot river basins;

• developing a Europe-wide information and data management system (WISE);

First assessment, after 5 years:

• guidance documents delivered within schedule and in high quality;

• joint ownership ensured;

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Water Directors

Steering of implementation process Chair: Presidency, Co-chair: Commission

Strategic Co-ordination Group

Co-ordination of work programme Chair: Commission

Stakeholders, NGO’s, Researchers, Experts, etc.

Art. 21 Committee

Working Group A

“Ecological Status”

Chair: JRC, DE and UK

Common Implementation Strategy 2007-2009

Working Group D

“Reporting”

Chair: Commission, EEA and FR

"GIS” Expert Network Working Group C

“Groundwater”

Chair: Commission and AT

“Chemical Monitoring”

Strategic Steering Group

“WFD and Agriculture”

Chair: FR, UK and Commission

Strategic Steering Group

“WFD and Hydromorphology”

Chair: DE, UK and Commission

Working Group E

“Priority Substances”

Chair: Commission

“Chemical Monitoring”

Drafting Group

“Objectives/Exemptions/

Economics”

Chair: Commission and DK

Stakeholder Forum

“Water Scarcity and Droughts”

Chair: Commission

XXX– Chair: FR/ES/IT

Working Group F

“Floods”

Chair: Commission

Programme of Measures Lead: ???

Co-lead: ???

Working Group C & Links P lanning 1st semester 2007

STRATEGIC CO-ORDINATION GROUP

PLENARY WG C CHAIR: COM CO-CHAIR: AT

Water scarcity Expert group

•“Prevent/limit” (PL) guidance <15/3/07

•Questionnaire diffuse sources

• TV methodology <30/3/07

•“Status & trend” guidance

• Planning of workshops <30/3/07

• Quantitative status management, Compliance & Trends

Lead: AT

Co-lead: UK + FR + EG

Risk Assessment Lead: ?

Co-lead: Nicole + Dechema WFD & Agriculture

Expert group

Water Directors

Follow-up of implementation process Chaired by EU Presidency & Commission

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Outlook

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•

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benefits for all involved;

•

Thank you for your attention.

„Water is not a commercial product like any other but, rather, a heritage which must be

protected, defended and treated as such.“

1^st sentence of the EU Water Framework Directive