Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances
Modified by
Council Directive of 23 December 1991, 31991L0692, December 31, 1991
Directive 2000/60/EC of the European Parliament and of the Councilof 23 October 2000establishing a framework for Community action in the field of water policy, 32000L0060, December 22, 2000
Council Directiveof 17 December 1979on the protection of groundwater against pollution caused by certain dangerous substances(80/68/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community, and in particular Articles 100 and 235 thereof,Having regard to the proposal from the CommissionOJ No C 37, 14. 2. 1978, p. 3.,Having regard to the opinion of the European ParliamentOJ No C 296, 11. 12. 1978, p. 35.,Having regard to the opinion of the Economic and Social CommitteeOJ No C 283, 27. 11. 1978, p. 39.,Whereas there is an urgent need for action to protect the groundwater of the Community from pollution, particularly that caused by certain toxic, persistent and bioaccumulable substances;Whereas the 1973 programme of action of the European Communities on the environmentOJ No C 112, 20. 12. 1973, p. 3., supplemented by that of 1977OJ No C 139, 13. 6. 1977, p. 3., provides for a number of measures to protect groundwater from certain pollutants;Whereas Article 4 of Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the CommunityOJ No L 129, 18. 5. 1976, p. 23. provides for the implementation of a separate Directive on groundwater;Whereas any disparity between the provisions on the discharge of certain dangerous substances into ground-water already applicable or in preparation in the Member States may create unequal conditions of competition and thus directly affect the functioning of the common market; whereas it is therefore necessary to approximate laws in this field, as provided for in Article loo of the Treaty;Whereas it is necessary for this approximation of laws to be accompanied by Community action in the sphere of environmental protection and improvement of the quality of life; whereas certain specific provisions to this effect should therefore be laid down; whereas Article 235 of the Treaty should be invoked as the requisite powers have not been provided for by the Treaty;Whereas the following should be excluded from the scope of this Directive: domestic effluent from certain isolated dwellings and discharges containing substances in lists I or II in very small quantities and concentrations, on account of the low risk of pollution and the difficulty of controlling the discharge of such effluent; whereas discharges of matter containing radioactive substances, which will be dealt with in a specific Community instrument, should also be excluded;Whereas to ensure the effective protection of ground. water in the Community it is necessary to prevent the discharge of substances in list I and limit the discharge of substances in list II;Whereas a distinction should be drawn between direct discharges of dangerous substances into groundwater and actions likely to result in indirect discharges;Whereas, with the exception of direct discharges of substances in list 1, which are automatically prohibited, all discharges must be made subject to a system of authorization; whereas such authorizations may only be delivered after a survey of the receiving environment;Whereas provision should be made for exceptions to the rules prohibiting discharges into groundwater of substances in list I, after a survey has been made of the receiving environment and prior authorization given, provided that the discharge is made into groundwater permanently unsuitable for any other use, particularly domestic or agricultural purposes;Whereas artificial recharges of groundwater intended for public water supplies should be made subject to special rules;Whereas the competent authorities of the Member States should monitor compliance with the conditions laid down in the authorizations and the effects of discharges on groundwater;Whereas an inventory should be kept of authorization of discharges into groundwater of substances in list I and of direct discharges into groundwater of substances in list II, and an inventory of authorizations for artificial recharges for the purpose of ground-water management;Whereas, to the extent that the Hellenic Republic is to become a member of the European Economic Community on I January 1981 in accordance with the Act concerning the conditions of accession of the Hellenic Republic and the adjustments to the Treaties, it appears necessary that, for that State, the period granted to Member States to bring into force the laws, regulations and administrative provisions necessary to comply with this Directive should be extended from two to four years, bearing in mind the inadequacy of that State's technical and administrative infrastructure,HAS ADOPTED THIS DIRECTIVE: