The EU legislative framework for groundwater protection against pollution and deterioration Andreas Scheidleder (Federal Environment Agency - Austria) Philippe Quevauviller European Commission, DG Environment) Korsør, 15 September 2008

Diversity of regions Hydrogeological variations

Diversity of uses, aspirations, pressures and impacts

River Basin Management Need for system understanding bio-physical system D R societal system P P S S S I S Base sketch from Meade (1996) and DPSIR from EEA

One coherent management frame for all water-related legislation X IPPC Directive 1996 Groundwater Directive 1980 Priority Substances Directive 2008 Groundwater 2006 Floods 2007 Drinking Water Directive 1996 X Surface Water Directive 1975 Bathing Water Directive 1976/2006 X Dangerous Substances Directive 1976 WFD X Sampling and Analysis Directive 1979 X DS Daughter Directives 1981-1986 X X Exchange of Information Decision 1977 Nitrates Directive 1991 X X Shellfish Water Directive 1979 Urban Waste Water Directive 1991 Fishwater Directive 1978 X repealed by 2007; X repealed by 2013; X repealed together with adoption of WFD Daughter Directive on Priority Substances

Water Framework Directive Key Elements Water management based on River Basins Protecting all waters (surface and groundwaters) Covering all impacts on waters Cross border co-operation in water management between countries and all involved parties Pollution prevention and emission control – “combined approach“ Economic instruments - to promote prudent use of water; (Principle of cost recovery including environmental and resource costs and taking into account the polluter pays principle) Mandatory public participation ‘Good Status’ to be achieved, as a rule, by 2015; Clear deadlines … and guided by an unprecedented cooperation on implementation.

GW management within River Basins Management objective: Good groundwater status (chemical, quantity, trends) to be achieved by the end of 2015 (WFD) One plan for each (~110) river basin in Europe; River Basin Management Plan as main instrument for planning, reporting and evaluation of success; Publication 2009, updates every 6 years; Contents Characteristics of river basin [2005]; Environmental and economic analysis [2005]; Monitoring network [2006]; Results of public participation [2009]; Programme of measures operational [2012]; Established environmental objectives [2015]; Review of technical specifications [2015]

About 110 national and international River Basins in Europe (40 RBDs are international) ~17,000 GWB ~43% not at risk

WFD key elements Need for action Adopted on 20.12.2000 WFD key elements Need for action River basin districts Delineation water bodies Characterisation of bodies Analysis of pressures and impacts Classification of bodies ‘at risk’ Design of monitoring programmes Surveillance monitoring Operational monitoring 6 years cycle / Review RBMP GOOD STATUS OBJECTIVE Programmes of measures

GWB delineation WFD - Definition ‘Body of groundwater’ a distinct volume of groundwater within an aquifer or aquifers = management unit ‘Groundwater’ all water, which is below the surface of the ground in the saturated zone and in direct contact with the ground or subsoil. ‘Aquifer’ subsurface layer or layers of rock or other geological strata of sufficient porosity and permeability to allow either a significant flow of groundwater or the abstraction of significant quantities of groundwater.

GWB delineation Experiences Groundwater body = Management Unit For adequat description of status For comparing to environmental objectives and For implementing measures Experience - Most Member States started with: identification of geological and hydrogeological boundaries; vulnerability maps, subsoil properties, risk potential, utilisation and protection need, economic importance and water management aspects Aim to achieve efficient and practical management units considering administrative burden and financial efforts Size depends on variation of characteristics and pressures Grouping of bodies supports efficiency An iterative and on-going process

GWB characterisation Annex II Initial Characterisation all Groundwater Bodies pressures & impacts, dependent aquatic and terrestrial ecosystems) Further characterisation Groundwater Bodies at risk – (Annex II, 2.2, 2.3) Transboundary Groundwater Bodies – (Annex II, 2.3)  Basis for Risk Assessment

Risk Assessment - Status assessment

The Conceptual Model/Understanding Key element for WFD implementation

homogeneity of layers (?) & distribution of contaminants

The Conceptual Model/Understanding Simple version

WFD monitoring requirements Chemical Monitoring - groundwater Surveillance Monitoring all GW-bodies (at least every 6 years) Operational Monitoring all GW-bodies identified at risk (at least once per year) Drinking Water Protected Areas All GW-bodies with human consumption of groundwater Quantitative Monitoring - groundwater All GW-bodies

WFD Environmental objectives Groundwater Quantity balance between natural recharge and abstractions Chemistry No saline or other intrusion Compliance with numerical quality standards (Art 17  GWD) No diminution of ecosystems Trends Reversal of significant sustained upward trends (Art 17  GWD)

Groundwater issues tackled jointly by the WFD and the new GWD Risks of pollution from diffuse/point sources Art. 5 WFD (“bodies at risk”) Quality standards / Thresholds linked to chemical status Art 4.1.b(ii) WFD Identify and reverse significant and sustained upward trends Art 4.1.b(iii) WFD Prevent / Limit Measures Art 4.1.b(i) WFD Run-off Drinking water Abstraction Art. 7 WFD 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)

Groundwater Directive (2006/118/EC) Purpose (Article 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 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 Groundwater quality standards (not to be exceeded) Threshold values: GW standards to be set by Member States at local, regional or national level Significant and sustained upward trend: statistically and environmentally significant increase in pollutant concentrations for which trend reversal is deemed necessary Inputs of pollutants into groundwater: direct or indirect pollutant introduction due to human activity Background level: concentration/value corresponding to no or very minor anthropogenic alteration Baseline level: concentration/value setting reference point for trend identification (reference years 2007-2008)

Good chemical status criteria Article 3 Risks of pollution from diffuse/point sources (urban, agriculture, industrial) EU-wide Quality standards Nitrates & pesticides (more stringent TV if needed) TV establishment at most appropriate level (local, regional, national), with account of impacts on aquatic and terrestrial ecosystems, human toxicology and ecotoxicology knowledge Common methodology Run-off Drinking water abstraction Threshold values for “risk” substances set by MS (end 2008) – Transboundary coordination required = WFD environmental objective (besides quantitative status covered by WFD)

Good chemical status criteria Annex I, Annex II EU-wide groundwater quality standards: Nitrates: 50 mg/l, Pesticides: 0.1 µg/l, and Total Pesticides: 0.5 µg/l More stringent threshold values could be needed Annex II Guidelines for the establishment of threshold values Minimum list of pollutants to be considered Information to be provided

X – Threshold value: 8, 12, 14 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 AQUATIC ECOSYSTEM GROUNDWATER BODY= DWPA DW safeguard zone Threshold value: 14 µg/l X X X X X X X X X TERRESTRIAL ECOSYSTEM X X X Threshold value: 8 µg/l X X X aquatic ECOSYSTEM Threshold value: 12 µg/l

Trend identification and reversal (Article 5, Annex IV) 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 NBL % TV Starting point for trend reversal as % of GW standard or TV (depending on trend and associated risk) 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

Trend identification and reversal Elements

Trend (Reversal) Assessment Tests

Plumes assessment (Article 5.5)

Prevent or Limit Measures (Article 6) 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 Run-off Drinking water abstraction Based on WFD programmes of measures Diffuse sources to be considered

River Basin Management Plan Programmes of Measures - 2009 Measures designed to protect waters, control abstraction, control point source discharges liable to cause pollution (permit, investigation), prevent and control diffuse sources of pollution(prohibition, permit: based on investigations) … in the form of Basic measures (linked to effective implementation of parent legislation) and Supplementary measures (e.g. different specific instruments, economic incentives, research, education etc Periodic reviews of authorisations / registrations based on regular monitoring Provisions for derogations

A complex policy and technical framework Seveso, IPPC POLICY Env. Impact assessment INDUSTRY AGRI- CULTURE POLICY Birds, Habitats URBAN SECTOR DRINKING WATER POLICY Drinking water POLICY Sewage sludge landfill POLICY UWW, CPD POLICY groundwater POLICY Pesticides, Nitrates, biocides POLICY Bathing water POLICY WFD

Basic measures linked to effective implementation of parent legislation Directives Prevent pollution Quality targets Protected areas Monitoring Measures Nitrate x Plant Protection Biocides IPPC Landfill Sewage Sludge UWWT ……….. … WFD/GWD

Support to implementation EC Working Groups 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 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” Drafting Group “Objectives/Exemptions/Economics” Chair: Commission and DK Stakeholder Forum “Water Scarcity and Droughts” Co- Chair: FR/ES/IT Working Group F “Floods”

Working Group C & Links

WG C Guidance Documents CIS Guidance document N°15 on Groundwater Monitoring (adopted in December 2006) CIS Guidance document N°16 on Groundwater in Drinking Water Protected Areas (adopted in June 2007) CIS Guidance document N°17 on the application of the term “direct and indirect inputs” in the context of the Directive 2006/118/EC (adopted in June 2007) Towards a guidance on Groundwater Chemical Status and Threshold Values (adopted by SCG Nov 2007) under development… (Merged) Guidance on the assessment of groundwater status and trends (currently drafted) CIS Guidance on Land Use & Groundwater (currently drafted)

Conclusions & Perspectives  Active multi-sectoral and multi-disciplinary cooperation.  Integration of different environmental policies  Need for strengthened exchanges, sharing practices,  Integration and communication of scientific progress should be streamlined and made effective towards end-users links to WISE and FP7 funding) – “Transfer platforms” are needed Source: Ministry of the environment, Québec, Canada

European Commission, DG Environment WISE http://water.europa.eu European Commission, DG Environment http://ec.europa.eu/environment/water