The current drive to improve the quality of Europe's water resources under the auspices of the Water Framework Directive (WFD) has taken a step forward with the publication of a draft directive on groundwater pollution. The so-called "groundwater daughter" would tighten up existing EU rules on groundwater by defining common criteria for assessing good chemical status and trends in the quality of groundwater.

BACKGROUND

The explanatory memorandum to the proposal cites recent reports showing that pollution from domestic, agricultural and industrial sources is increasing, either directly through discharges or indirectly from sources such as fertiliser spreading or landfill leachate. There is also evidence that diffuse sources are having an increasing impact on groundwater.

The problem with setting European-wide standards is that due to the natural variability of groundwater chemical composition and the present lack of monitoring knowledge and data, it is not easy to lay down rules, which can apply equally to all bodies of groundwater across the EU. The Commission experienced great difficulty in getting member states to agree on what the framework directive should say about groundwater. In the end a compromise was worked out with the help of an Expert Advisory Forum on Groundwater consisting of representatives from the member states, the Commission, NGOs, industrial associations and others.

WATER FRAMEWORK DIRECTIVE

Under the WFD member states are required to prevent or limit the input of pollutants into groundwater and to prevent the deterioration of groundwater status. They must also protect, enhance and restore their groundwater and ensure a balance between abstraction and recharge of groundwater with the aim of achieving good groundwater status by December 2015.

In addition, they must review the impact of human activity on groundwater status and reverse any significant and sustained upward trend in the concentration of pollutants resulting from such impact. In order to do this they must first characterise their groundwater. The proposed new directive is designed to help them do this.

PROPOSED STANDARDS

The proposal lists two quality standards, which must be met if a body of groundwater is to be granted good chemical status. The first is for nitrates, where the proposed standard is 50 mg/l (except in the nitrate vulnerable zones designated under directive 91/676/EEC where separate rules apply.) The second is for active ingredients in pesticides (including their relevant metabolites, degradation and reaction products). Here the proposed standard is 0.1 mg/l.

More stringent values will be established at a later date for those bodies of groundwater where: the quality standards could result in a failure to achieve the environmental objectives specified in the WFD for associated surface waters; the quality standards could result in any significant diminution of the ecological or chemical quality of such bodies; and any significant damage to terrestrial ecosystems which depend directly on the body of groundwater.

In the case of polluting substances other than those above, groundwater would be assessed as good where it could be demonstrated that the concentration complied with the standard set out in annex V of the WFD. In other words, the chemical composition of the groundwater body is such that the concentrations of pollutants:

• do not exhibit the effects of saline or other intrusions;
• do not exceed the quality standards applicable under other relevant Community legislation; and
• are not such as would result in failure to achieve the environmental objectives specified under the directive for associated surface waters. This would also apply to any significant diminution of the ecological or chemical quality of such bodies, and in any significant damage to terrestrial ecosystems which depend directly on the groundwater body.

In addition, changes in conductivity must not be indicative of saline or other intrusion into the groundwater body. In the case of pollutants for which no EU quality standards exist at present, member states would be required to follow a set procedure for assessing groundwater quality status for those of their groundwaters characterised as being at risk. This procedure would relate to each of the pollutants contributing to the groundwater in question.

Following this procedure they would have to set threshold values by 22 December 2005 for each of the relevant pollutants within their territory. As a minimum, these must include the following pollutants:

• ammonium;
• arsenic;
• cadmium;
• chloride;
• lead;
• mercury;
• sulphate;
• trichloroethylene; and
• tetrachloroethylene.

Member states would be able to choose whether to establish those values at the national level, at the river basin district level or at the level of individual groundwaters or groups thereof. They would then have to give the Commission a list of their chosen pollutants and the threshold values set, along with information on the manner in which economic and social costs were taken into account in establishing them. The Commission would then compare the data received and decide whether to propose EU-wide environmental quality standards.

Annex IV of the proposal sets out the procedure for member states to identify significant and sustained upward trends of concentrations of pollutants and the starting points for the reversal of trends. Trend reversals must be focused on trends, which present a risk of harm to associated aquatic ecosystems, directly dependent terrestrial ecosystems, human health or legitimate uses of the water environment.

Guidance is given on the minimum number of measurement values and the minimum length of time series for the analysis of trend reversals. Lastly, the proposal sets out rules with regard to the prevention or limitation of indirect discharges of pollutants. These discharges were not covered under the WFD, though they are covered by the existing groundwater directive 80/68/EEC. The 1980 directive will in due course be repealed.

COM (2003) 550 final. Proposal for a directive ... on the protection of groundwater against pollution http://europa.eu.int/eur-lex/en/com/pdf/2003/com2003_0550en01.pdf

Pioneering approach to tobacco packaging

The use of colour photographs and illustrations on cigarette packets and other tobacco packaging to show the health risks from smoking is currently being pioneered in a number of countries. Within the EU such practices are permitted under Directive 2001/37/EC on the manufacture, presentation and sale of tobacco products but subject to certain rules. A Commission decision setting out these rules has now been adopted.

It commits the Commission to developing, by 30 September 2004 at the latest, a library of pre-tested source documents in order to make available a choice of several photographs or other illustrations for each of the additional warnings listed in directive 2001/37/EC, eg "Smoking causes fatal lung cancer" or "Smoking causes ageing of the skin." Where member states want to use photos or other illustrations on tobacco packaging they will only be able to do so in the form of a combined warning taken exclusively from the Commission's source documents without any changes to the components. They will, however, be free to choose the source documents best adapted to consumers in their country.

The decision contains rules on the rotation of warnings, their location and their appearance, eg they must be surrounded by a black border of a given width. On non-cigarette packets the warnings may be affixed as stickers, provided these are irremovable. The warnings must not be obscured by other information, eg tax stamps or price markings, and must be displayed in a manner which ensures that none of the information is severed when the packet is opened. Rules must be adopted nationally to prevent manufacturers using wrappers, pouches or other devices to hide or interrupt the warnings. Technical specifications for the printing of all photos, illustrations and stickers will be determined by the Commission and must be adhered to. In addition to the combined warnings, member states may include information such as the authority issuing the warning and logos or contact numbers for smoking cessation programmes, services etc.

Commission decision of 5 September 2003 on the use of colour photographs or other illustrations as health warnings on tobacco packages. OJ L 226. 10.09.03 pp24-26.

http://europa.eu.int/eur-lex/pri/en/oj/dat/2003/l_226/l_22620030910en00240026.pdf