COUNCIL DIRECTIVE No. 80/68/EEC
ON THE PROTECTION OF GROUNDWATER AGAINST POLLUTION
CAUSED BY CERTAIN DANGEROUS SUBSTANCES
(Brussels, 17.XII.1979)
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 Commission <*>,
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<*> OJ No C 37, 14.2.1978, p. 3.
Having regard to the opinion of the European Parliament <*>,
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<*> OJ No C 296, 11.12.1978, p. 35.
Having regard to the opinion of the Economic and Social Committee
<*>,
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<*> OJ 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 environment <*>, supplemented by that of 1977 <**>, provides
for a number of measures to protect groundwater from certain
pollutants;
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<*> OJ No C 112, 20.12.1973, p. 3.
<**> OJ No C 139, 13.6.1977, p. 3.
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 Community <*> provides for the
implementation of a separate Directive on groundwater;
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<*> OJ No L 129, 18.5.1976, p. 23.
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 100 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 1 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:
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