Establishment of type-specific reference conditions for surface water body types

(i) For each surface water body type characterised in accordance with section 1.1, type-specific

hydromorphological and physicochemical conditions shall be established representing the

values of the hydromorphological and physicochemical quality elements specified in point

1.1 in Annex V for that surface water body type at high ecological status as defined in the

relevant table in point 1.2 in Annex V. Type-specific biological reference conditions shall

be established, representing the values of the biological quality elements specified in point

1.1 in Annex V for that surface water body type at high ecological status as defined in the

relevant table in section 1.2 in Annex V.

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(ii) In applying the procedures set out in this section to heavily modified or artificial surface water

bodies references to high ecological status shall be construed as references to maximum

ecological potential as defined in table 1.2.5 of Annex V. The values for maximum ecological

potential for a water body shall be reviewed every six years.

(iii) Type-specific conditions for the purposes of points (i) and (ii) and type-specific biological

reference conditions may be either spatially based or based on modelling, or may be derived

using a combination of these methods. Where it is not possible to use these methods,

Member States may use expert judgement to establish such conditions. In defining high

ecological status in respect of concentrations of specific synthetic pollutants, the detection

limits are those which can be achieved in accordance with the available techniques at the

time when the type-specific conditions are to be established.

(iv) For spatially based type-specific biological reference conditions, Member States shall develop

a reference network for each surface water body type. The network shall contain a

sufficient number of sites of high status to provide a sufficient level of confidence about the

values for the reference conditions, given the variability in the values of the quality elements

corresponding to high ecological status for that surface water body type and the modelling

techniques which are to be applied under paragraph (v).

(v) Type-specific biological reference conditions based on modelling may be derived using either

predictive models or hindcasting methods. The methods shall use historical, palaeological

and other available data and shall provide a sufficient level of confidence about the values

for the reference conditions to ensure that the conditions so derived are consistent and valid

for each surface water body type.

(vi) Where it is not possible to establish reliable type-specific reference conditions for a quality

element in a surface water body type due to high degrees of natural variability in that element,

not just as a result of seasonal variations, then that element may be excluded from the

assessment of ecological status for that surface water type. In such circumstances Member

States shall state the reasons for this exclusion in the river basin management plan.

Identification of Pressures

Member States shall collect and maintain information on the type and magnitude of the signifi-

cant anthropogenic pressures to which the surface water bodies in each river basin district are

liable to be subject, in particular the following.

Estimation and identification of significant point source pollution, in particular by substances

listed in Annex VIII, from urban, industrial, agricultural and other installations and activities,

based, inter alia, on information gathered under:

(i) Articles 15 and 17 of Directive 91/271/EEC;

(ii) Articles 9 and 15 of Directive 96/61/EC ();

and for the purposes of the initial river basin management plan:

(iii) Article 11 of Directive 76/464/EEC; and

(iv) Directives 75/440/EC, 76/160/EEC (), 78/659/EEC and 79/923/EEC ().

1 OJ L 135, 30.5.1991, p. 40. Directive as last amended by Directive 98/15/EC (OJ L 67, 7.3.1998, p. 29).

2 OJ L 31, 5.2.1976, p. 1. Directive as last amended by the 1994 Act of Accession.

3 OJ L 281, 10.11.1979, p. 47. Directive as amended by Directive 91/692/EEC (OJ L 377, 31.12.1991, p. 48).

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Estimation and identification of significant diffuse source pollution, in particular by substances

listed in Annex VIII, from urban, industrial, agricultural and other installations and activities;

based, inter alia, on information gathered under:

(i) Articles 3, 5 and 6 of Directive 91/676/EEC ();

(ii) Articles 7 and 17 of Directive 91/414/EEC;

(iii) Directive 98/8/EC;

and for the purposes of the first river basin management plan:

(iv) Directives 75/440/EEC, 76/160/EEC, 76/464/EEC, 78/659/EEC and 79/923/EEC.

Estimation and identification of significant water abstraction for urban, industrial, agricultural

and other uses, including seasonal variations and total annual demand, and of loss of water in

distribution systems.

Estimation and identification of the impact of significant water flow regulation, including water

transfer and diversion, on overall flow characteristics and water balances.

Identification of significant morphological alterations to water bodies.

Estimation and identification of other significant anthropogenic impacts on the status of surface

waters.

Estimation of land use patterns, including identification of the main urban, industrial and agricultural

areas and, where relevant, fisheries and forests.

Assessment of Impact

Member States shall carry out an assessment of the susceptibility of the surface water status of

bodies to the pressures identified above.

Member States shall use the information collected above, and any other relevant information

including existing environmental monitoring data, to carry out an assessment of the likelihood

that surface waters bodies within the river basin district will fail to meet the environmental quality

objectives set for the bodies under Article 4. Member States may utilise modelling techniques

to assist in such an assessment.

For those bodies identified as being at risk of failing the environmental quality objectives, further

characterisation shall, where relevant, be carried out to optimise the design of both the monitoring

programmes required under Article 8, and the programmes of measures required under

Article 11.

1 OJ L 375, 31.12.1991, p. 1.

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2. GROUNDWATERS

Initial characterisation

Member States shall carry out an initial characterisation of all groundwater bodies to assess their

uses and the degree to which they are at risk of failing to meet the objectives for each groundwater

body under Article 4. Member States may group groundwater bodies together for the purposes

of this initial characterisation. This analysis may employ existing hydrological, geological,

pedological, land use, discharge, abstraction and other data but shall identify:

— the location and boundaries of the groundwater body or bodies,

— the pressures to which the groundwater body or bodies are liable to be subject including:

— diffuse sources of pollution

— point sources of pollution

— abstraction

— artificial recharge,

— the general character of the overlying strata in the catchment area from which the groundwater

body receives its recharge,

— those groundwater bodies for which there are directly dependent surface water ecosystems

or terrestrial ecosystems.

Further characterisation

Following this initial characterisation, Member States shall carry out further characterisation

of those groundwater bodies or groups of bodies which have been identified as being at risk in

order to establish a more precise assessment of the significance of such risk and identification of

any measures to be required under Article 11. Accordingly, this characterisation shall include

relevant information on the impact of human activity and, where relevant, information on:

— geological characteristics of the groundwater body including the extent and type of geological

units,

— hydrogeological characteristics of the groundwater body including hydraulic conductivity,

porosity and confinement,

— characteristics of the superficial deposits and soils in the catchment from which the groundwater

body receives its recharge, including the thickness, porosity, hydraulic conductivity,

and absorptive properties of the deposits and soils,

— stratification characteristics of the groundwater within the groundwater body,

— an inventory of associated surface systems, including terrestrial ecosystems and bodies of

surface water, with which the groundwater body is dynamically linked,

— estimates of the directions and rates of exchange of water between the groundwater body and

associated surface systems,

— sufficient data to calculate the long term annual average rate of overall recharge,

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— characterisation of the chemical composition of the groundwater, including specification of the

contributions from human activity. Member States may use typologies for groundwater characterisation

when establishing natural background levels for these bodies of groundwater.