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. Purpose of the Daughter Directive
Independent piece of legislation, closely integrated in a larger regulatory framework (complement to WFD):
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
Article 4: Environmental objectives
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
Article 7: Waters used for the abstraction of drinking water
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
Article 11: Programme of measures
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. Criteria for assessing good groundwater status
Requirements in WFD
Article 17: Strategies to prevent and control pollution of groundwater (end 2002)
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
Synthesis Paper (circulated for comments after the 2nd EAF meeting)
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)
Definitions to be clarified (based on the CIS working group reports)
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)
Measures to prevent and limit the input of pollutants into groundwater
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)
Measures to reverse significant and sustained upward trends
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)
Measures to prevent deterioration in status of groundwater bodies
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)
Measures to prevent deterioration in status of groundwater bodies
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)
Measures to prevent deterioration in status of groundwater bodies
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)
Measures to prevent deterioration in status of groundwater bodies
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)
Measures to prevent deterioration in status of groundwater bodies
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)
Measures to protect, enhance and restore groundwater bodies
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. Elements of GWD proposal (10)
Protected areas
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. Elements of GWD proposal (11)
Other elements
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. Elements of GWD proposal (12)
Other elements (ctd)
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 