Directive 1980/68 - Protection of groundwater against pollution caused by certain dangerous substances - Main contents

official title

 

Legal instrument	Directive
Number legal act	Directive 1980/68
Original proposal	COM(1978)3
CELEX number i	31980L0068

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Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances

Official Journal L 020 , 26/01/1980 P. 0043 - 0048

Greek special edition: Chapter 15 Volume 1 P. 0240

Spanish special edition: Chapter 15 Volume 2 P. 0162

Portuguese special edition Chapter 15 Volume 2 P. 0162

Finnish special edition: Chapter 15 Volume 2 P. 0211

Swedish special edition: Chapter 15 Volume 2 P. 0211

COUNCIL DIRECTIVE of 17 December 1979 on 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 Commission (1),

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Economic and Social Committee (3),

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 (4), supplemented by that of 1977 (5), 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 Community (6) provides for the implementation of a separate Directive on groundwater;

Whereas any disparity between the provisions on the discharge of certain dangerous substances into groundwater 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; (1)OJ No C 37, 14.2.1978, p. 3. (2)OJ No C 296, 11.12.1978, p. 35. (3)OJ No C 283, 27.11.1978, p. 39. (4)OJ No C 112, 20.12.1973, p. 3. (5)OJ No C 139, 13.6.1977, p. 3. (6)OJ No L 129, 18.5.1976, p. 23.

Whereas to ensure the effective protection of groundwater 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 I, 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...

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