26. 1. 80 Official Journal of the European Communities No L 20/43 (Acts whose publication is not obligatory) COUNCIL 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 Commis- sion (1), Having regard to the opinion of the European Parlia- ment (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 Euro- pean Communities on the environment (*), supple- mented by that of 1977 (%), provides for a number of measures to protect groundwater from certain pollu- tants ; Whereas Article 4 of Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain (1) OJ No C 37, 14. 2. 1978, p. 3. () O No C 296, 11. 12. 1978, p. 35. (*) OJ No C 283, 27. 11. 1978, p. 39. (*) O No C 112, 20. 12. 1973, p. 3. () O] No C 139, 13. 6. 1977, p. 3. dangerous substances discharged into the aquatic envi- ronment of the Community (¢) provides for the imple- mentation 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 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 provi- sions 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 I 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 ; - (9 OJ No L 129, 18. 5. 1976, p. 23.