Background on the development of the new Directive on protection of groundwater against pollution and deterioration

Some words on the negotiation process

The Proposal was adopted by the Commission on 19 September 2003. This was followed up by opinion papers issued by the Committee of the Regions on 12 December 2003, and by the European Economic and Social Committee and Committee of the Regions on 4 March 2004.

Owing to European Parliament elections, the first reading could not be completed in 2004, and the debate had to start again under the new EP (2004-2009) with a new Rapporteur, Mrs. Krista Klass, who managed to have the first reading adopted on 28 April 2005. A political agreement has then be reached at Council in June 2005, followed up by the adoption of a Common Position by qualified majority on 23 January 2006, which the Commission commented in a communication adopted on 10 February 2006.

The second reading has been adopted by the European Parliament on 13 June 2006, and the Commission issued its opinion on the report on 1 August 2006. The Council response to the second reading was adopted on 29 September 2006, and this opens the way to conciliation as some amendments could not be accepted by Council.

Following a long negotiation among the European Parliament and the Council, an agreement has been reached in conciliation on the 17th October 2006. Key issues in the negotiation concerned the question of the non deterioration of groundwater quality and the relationship with Community legislation on water pollution by nitrates. The conciliation enabled to reach a compromise which establishes clear requirements to prevent any deterioration of groundwater status, and sets the Nitrates standards of 50 mg/l as good chemical status objective to be achieved by 2015, while keeping the 91/676/EEC directive unchanged.

The new directive has been formally adopted on the 12 December 2006. It complements the Water Framework Directive setting up environmental objectives of good groundwater quantitative and chemical status, as well as ensuring a continuity to the Directive 80/68/EEC on the protection of groundwater against pollution caused by dangerous substances, which is due to be repealed under the WFD by the end of 2013.