Issue Paper (COM) presented to Water Directors 7./8. November 01

2. Daughter Directive Groundwater - Working Procedure - • Issue Paper (COM) presented to Water Directors 7./8. November 01 • First Expert Advisory Forum (EAF) 23. November 01 • Drafting Groups working from 16./17. January until 8. March 02 • Synthesis Paper (COM) by 20. March 02 • Discussion and Brainstorming on the requirements of the Daughter Directive on 2. EAF on 25./26. March 02 • Final dossier on the Conceptual Phase (COM) by mid of April 02 • Brief presentation of key conclusions/questions to SCG /WD • Elements of legislative proposal postponed to the 3. EAF on 25 June 02

3. Independent piece of legislation, closely integrated in a larger regulatory framework (complement to WFD): Purpose of the Daughter Directive • prevent deterioration • protect, enhance and restore all groundwater bodies • promote sustainable groundwater use • ensure reduction of pollution through specific measures for the progressive reduction of discharges • contribute to mitigating effects of floods and droughts

4. Article 4: Environmental objectives Provisions of WFD • prevent or limit the input of pollutants • reverse any significant and sustained upward trends • prevent the deterioration of the status of all bodies of groundwater • protect, enhance and restore all bodies of groundwater • achieve compliance with any standards and objectives for protected areas

5. Article 7: Waters used for the abstraction of drinking water Provisions of WFD • identification of all bodies of water used for the abstraction of water intended for human consumption • meet requirements of Drinking Water Directive • avoid deterioration of quality in order to reduce purification treatment required for the production of drinking water

6. Article 11: Programme of measures Provisions of WFD • implement Community legislation for water protection • promote an efficient and sustainable water use • safeguard water quality • control groundwater abstraction • control artificial recharge or augmentation of groundwater bodies • control discharges liable to cause pollution • control of ecological status for water bodies

7. Article 17: Strategies to prevent and control pollution of groundwater (end 2002) Requirements in WFD • Criteria for assessing good groundwater status • Criteria for identification of significant and sustained upward trends • Criteria for definition on starting points for trend reversals • Conceptual approach: • structure discussion on threat analysis • evaluation various approaches • discuss specific strategies for different pollution problems • take into account what is already in WFD

8. Synthesis Paper (circulated for comments after the 2nd EAF meeting) Main elements of conceptual phase • three cases distinguished and discussed (unpolluted groundwater, polluted groundwater with pressure from diffuse pollution or point source pollution) • cross cutting issue on surface water/groundwater interaction • statistical methods for data aggregation and trend reversal

10. Definitions to be clarified (based on the CIS working group reports) Elements of GWD proposal (1) • pressures and impacts, typology, classification • groundwater body, groundwater reservoir, boundaries of groundwater bodies, unpolluted groundwater • good status, high quality status • risk-based approach, receptor-based approach, combined approach • etc.

11. Measures to prevent and limit the input of pollutants into groundwater Elements of GWD proposal (2) • identification of substances (or groups of substances) to be prevented: based on update of 80/68/EEC Directive list I, taking into account Annexes VIII, IX and X of the WFD, which should be agreed at EU level • selection of substances to be limited (also agreed at EU level) based on additional standards needed to define ‘good chemical status’ (naturally occurring and anthropogenic substances) • setting pre-defined standards for limited number of substances • deriving risk or receptor-based standards, tailor made to local situation (left to MS judgement)

12. Measures to reverse significant and sustained upward trends Elements of GWD proposal (3) • purpose to prevent deterioration of groundwater which is in a ‘good chemical status’ • any significant trend should be reversed independently from the level • criteria to be defined: pollutant concentration at the time of trend assessment, pollutant level that should not be attained within a given time horizon • According to provisions of Annex V of WFD: first trend assessment in 2011

13. Measures to prevent deterioration in status of groundwater bodies Elements of GWD proposal (4) • control of conductivity changes (indicative of saline or other intrusion), and of quality standards (to be defined) in accordance to Article 17 of FWD • in this context, should not result in: • failure to achieve objectives for associated surface waters • any significant diminution in the ecological or chemical quality of surface waters • any significant damage to terrestrial ecosystems directly depending on the groundwater body

14. Measures to prevent deterioration in status of groundwater bodies Elements of GWD proposal (5) • changes in groundwater flow patterns considered as saline or other intrusions when: • sustained expansion of volume of groundwater body • changes of chemical composition within the body, as indicated by conductivity • result in failure to achieve environmental objectives for associated surface waters, in significant diminution of the ecological or chemical quality of such bodies or lead to significant damage to dependent terrestrial ecosystems

15. Measures to prevent deterioration in status of groundwater bodies Elements of GWD proposal (6) • Quality standards for defining good groundwater chemical status: • 50 mg/L nitrate target in all groundwater • maximum permissible concentrations for pesticides as laid down by 98/83/EC, 91/414/EEC and 98/5/EC Directives • any other quality standards to be defined by Member States, taking into account (i) background concentrations, (ii) interaction groundwater/associated surface waters, (iii) sensitivity of ecosystems to pollutant inputs from groundwater and groundwater uses

16. Measures to prevent deterioration in status of groundwater bodies Elements of GWD proposal (7) • Any standard that is derived should state: • a limit (concentration) or a loading (concentration and volume) • a compliance point • a summary statistic of how often the limit may be exceeded and a time period over which the statistic applies • the statistical confidence with which non-compliance is to be demonstrated before failure is confirmed

17. Measures to prevent deterioration in status of groundwater bodies Elements of GWD proposal (8) • The classification of a body of groundwater would depend on the following criteria: • actual pollutant concentrations • effect of new inputs of pollutants to good status body of groundwater • time change of pollutant concentrations within the current River Basin Management Plan reporting cycle • Protection of pristine groundwater (not, or very minor, affected by human activities): introduction of high chemical status

18. Measures to protect, enhance and restore groundwater bodies Elements of GWD proposal (9) • no further specification required over and above the other measures noted in previous slides, with the exception of measures to protect “high chemical status bodies” of groundwater from deterioration. This may be achieved by using prevent and limit measures envisaged by the WFD (no restoration target)

19. Protected areas Elements of GWD proposal (10) • Protected Area designations that are relevant to groundwater are: • Nitrate Vulnerable Zones (Nitrate Directive 91/676/EEC) • Nutrient Sensitive Areas (Urban Waste Water Treatment Directive 91/271/EEC) • Bathing Waters (Bathing Waters Directive 76/160/EEC) • Special Areas of Conservation or Protection Areas (Habitats and Birds Directives 92/43/EEC and 79/409/EEC) • Drinking Water Protected Area (designated under WFD) • a new groundwater Protected Area could be added but would require objective specifications within the GWD

20. Other elements Elements of GWD proposal (11) • Besides Articles 4, 7 and 11, other elements issued from the FWD are directly relevant to GWD and should be adapted on the basis of the CIS Working Group reports (or a cross-reference to FWD should be made): • administrative arrangements within river basin districts • economic analysis (Article 5) • register of protected areas (Article 6) • monitoring (Article 8) • recovery of costs for water services (Article 9) • combined approach for point and diffuse sources (Art. 10)

21. Other elements (ctd) Elements of GWD proposal (12) • issues which cannot be dealt with at Member State level (Article 12) • river basin management plans (Article 13) • public information and consultation (Article 14) • reporting (Article 15) • strategies against pollution of water (Article 16)

22. Timetable Nov. 2001 April 2002 Nov. 2002 Water Directors Ghent, Nov. 2001  1st EAF meeting 23/11/2001  Case studies       2nd EAF meeting 26/03/2002  End of Conceptual Phase (workshop)  Economic study        Waters Directors Valencia, June 2002  3rd EAF meeting 25/06/2002  4th EAF meeting 7/8 October 2002  GWD proposal  Water Directors Copenhaguen, 21/11/02 