Amended proposal for a Decision of the European Parliament and of the Council establishing the list of priority substances in the field of water policy(COM (2001) 17 final — 2000/0035(COD)) (Text with EEA relevance)
Date: 2001-05-29
Institutions: European Commission
Subjects: EU environmental policy, aquatic environment, dangerous substance, environmental protection, surface water

29.5.2001

EN

Official Journal of the European Communities

C 154 E/117

Amended proposal for a Decision of the European Parliament and of the Council establishing the
list of priority substances in the field of water policy (1)

(2001/C 154 E/11)

(Text with EEA relevance)

COM(2001) 17 final (cid:151) 2000/0035(COD)

(Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 16 January 2001)

(1) OJ C 177 E, 27.6.2000, p. 74.

INITIAL PROPOSAL

AMENDED PROPOSAL

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Unchanged

Having regard to the Treaty establishing the European
Community, and in particular to Article 175(1) thereof,

Having regard to the proposal from the Commission,

Having regard the opinion of
Committee,

the Economic and Social

Having regard the opinion of
Committee (1),

the Economic and Social

Having regard the opinion of the Committee of the Regions,

Unchanged

Acting in accordance with the procedure laid down in Article
251 of the Treaty,

Whereas:

(1) Council Directive 76/464/EEC on pollution caused by
certain dangerous substances discharged into the aquatic
the Community (2) and the Directives
environment of
adopted within its framework represent presently the
major Community instrument for the control of point
and diffuse discharges of dangerous substances.

(2) The Community

controls

under Council Directive
76/464/EEC have been replaced, harmonised and further
developed by the Directive 2000/60/EC of the European
Parliament and Council establishing of a framework for
Community action in the field of water policy.

___________
(2) OJ L 129, 18.5.1976, p. 23.

___________
(1) Opinion of 12.7.2000 not published yet.

C 154 E/118

EN

Official Journal of the European Communities

29.5.2001

INITIAL PROPOSAL

AMENDED PROPOSAL

groups

reduction and,

of pollutants presenting

(2a) Under Directive 2000/60/EC specific measures are to be
adopted against pollution of water by individual
a
pollutants
or
significant
risk to or via the aquatic environment,
including such risks to waters used for the abstraction
of drinking water. Such measures are aimed at
the
progressive
for priority hazardous
substances, as defined in Article 2(30) of Directive
cessation or phasing out of
2000/60/EC,
discharges, emissions and losses.
their
it is necessary to establish, as Annex X of
adoption,
Directive 2000/60/EC,
the list of priority substances,
including the priority hazardous substances. The list
has been prepared in taking into account the recommen-
dations
referred to in Article 16(5) of Directive
2000/60/EC.

In view of

the

at

(3) The Directive 2000/EC of the European Parliament and of
the Council establishing a framework for Community
action in the field of water policy, hereby introduces in
Article 16(2) a scientifically based methodology for ident-
ifying priority substances on the basis of their risk to
aquatic ecosystems.

(3) The Directive 2000/60/EC of

the Council

establishing a

the European Parliament
and of
framework for
Community action in the field of water policy, hereby
introduces
based
methodology for selecting priority substances on the
basis of
aquatic
environment.

in Article 16(2)

risk to or

scientifically

significant

their

via

a

(4) The methodology set out in the Directive 2000/EC of the
European Parliament and Council
establishing of a
framework for Community action in the field of water
policy enables, as a most practical option, the application
of a simplified risk-based assessment procedure based on
scientific principles taking particular account of

(4) The methodology set out in the Directive 2000/60/EC of
the European Parliament and Council establishing of a
framework for Community action in the field of water
policy enables, as a most practical option, the application
of a simplified risk-based assessment procedure based on
scientific principles taking particular account of

(cid:151) evidence

regarding the

the
substance concerned, and,
its aquatic
ecotoxicity and human toxicity via aquatic exposure
routes,

intrinsic hazard of
in particular,

Unchanged

(cid:151) evidence from monitoring of widespread environ-

mental contamination and

(cid:151) other proven factors which may indicate the possi-
bility of widespread environmental contamination,
such as production, use volume and use pattern of
the substance concerned.

scheme,

(5) The Commission has, on this basis, developed a combined
monitoring-based and modelling-based priority setting
(COMMPS)
in collaboration with experts of
interested parties, involving the Scientific Committee for
Toxicity, Ecotoxicity and the Environment, Member States,
EFTA countries,
the European Environment Agency,
European business associations including those repre-
senting
and
and medium-sized
European environmental organisations.

enterprises

small

29.5.2001

EN

Official Journal of the European Communities

C 154 E/119

INITIAL PROPOSAL

AMENDED PROPOSAL

(6) A first

list of 32 priority substances or groups of
substances has been identified on the basis of
the
COMMPS procedure, following a publicly open and trans-
parent discussion with the interested parties.

(6) A first

list of 32 priority substances or groups of
substances has been selected on the basis of
the
COMMPS procedure, following a publicly open and trans-
parent discussion with the interested parties.

(7) The expeditious adoption of this list is desirable in order
to allow for the timely and continuing implementation of
Community controls of dangerous substances pursuant to
the European
the strategy set out
Parliament
a
Council Directive
framework for Community action in the field of water
policy.

in Article 16 of

establishing

and

of

controls

dangerous

the European Parliament

(7) The expeditious adoption of this list is desirable in order
to allow for the timely and continuing implementation of
Community
and hazardous
substances pursuant to the strategy set out in Article 16
of
and Council Directive
2000/60/EC establishing a framework for Community
action in the field of water policy,
in particular the
proposals of controls as set-out in Article 16(6) and the
proposals for quality standards as set-out in Article 16(7)
in order to achieve the objectives of this Directive.

(8) The list of priority substances adopted under this Decision
shall replace the list of substances in the Communication
from the Commission to the Council on dangerous
substances which might be included in List I of Council
Directive 76/464/EEC (1).

Unchanged

(9) The identification of priority substances targeted to the
establishment of controls of emissions into surface waters
from land-based sources contributes to the Community
the
commitments under
protection of marine waters,
to the
to
implementation
hazardous substances adopted at the 1998 OSPAR Minis-
terial Meeting under the Convention for the protection of
the marine environment of
the North-East Atlantic
pursuant to Council Decision 98/249/EC (2).

international conventions for

Strategy with

in particular

regard

the

of

to the objectives

(9) The identification of priority substances and priority
hazardous substances targeted to the establishment of
controls of emissions, discharges and losses into surface,
transitional and coastal waters from land-based sources
and the Community
contributes
the
commitments under
to the
protection of marine waters,
implementation
to
hazardous substances adopted at the 1998 OSPAR Minis-
terial Meeting under the Convention for the protection of
the marine environment of
the North-East Atlantic
pursuant to Council Decision 98/249/EC (2).

international conventions for

Strategy with

in particular

regard

the

of

(10) The COMMPS procedure is designed as a dynamic
instrument for the prioritisation of dangerous substances
open to continuous improvements and modifications with
a view of possible revision and adaptation of the first
its
priority list within at the latest within 6 years of
adoption,

for

the prioritisation of dangerous

(10) The COMMPS procedure is designed as a dynamic
instrument
and
hazardous substances open to continuous improvements
and modifications with a view of revision and adaptation
of the first priority list at the latest four years after the
entry into force of the Directive 2000/60/EC and at least
every four years thereafter,

HAVE ADOPTED THIS DECISION:

Unchanged

Article 1

The list of priority substances in the field of water policy is
hereby established and is set out in the Annex to this Decision.

The list of priority substances including substances identified as
priority hazardous substances, provided for in Article 16(2) and
(3) of Directive 2000/60/EC, is hereby established and is set
out in the Annex to this Decision.

___________
(1) OJ C 176, 14.7.1982, p. 3
(2) OJ L 104, 3.4.1998, p. 1.

___________
(2) OJ L 104, 3.4.1998, p. 1.

C 154 E/120

EN

Official Journal of the European Communities

29.5.2001

INITIAL PROPOSAL

AMENDED PROPOSAL

Article 2

Unchanged

The list of priority substances established by this decision
replaces the list of substances in the Communication from
the Commission to the Council of 22 June 1982 on
dangerous substances which might be included in List I of
Council Directive 76/464/EEC.

Article 3

The list of priority substances in the field of water policy shall,
on its adoption by the European Parliament and the Council,
become Annex X to European Parliament and of the Council
Directive 2000/EC establishing a framework for Community
action in the field of water policy.

The list of priority substances in the field of water policy shall,
on its adoption by the European Parliament and the Council,
become Annex X to European Parliament and of the Council
Directive 2000/60/EC establishing a framework for Community
action in the field of water policy.

Article 4

Unchanged

This Decision shall enter into force on the day after its publi-
cation in the Official Journal of the European Communities.

Article 5

This Decision is addressed to the Member States.

29.5.2001

EN

Official Journal of the European Communities

C 154 E/121

ANNEX

INITIAL PROPOSAL

List of priority substances in the field of water policy (1)

CAS number

EU number

Name

(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)

(15)
(16)
(17)

(18)
(19)
(20)
(21)
(22)
(23)

(24)

(25)

(26)
(27)
(28)
(29)

(30)

(31)
(32)

15972-60-8
120-12-7
1912-24-9
71-43-2
n.a.
7440-43-9
85535-84-8
470-90-6
2921-88-2
75-09-2
107-06-2
117-81-7
330-54-1
115-29-7
959-98-8
118-74-1
87-68-3
608-73-1
58-89-9
34123-59-6
7439-92-1
7439-97-6
91-20-3
7440-02-0
25154-52-3
104-40-5
1806-26-4
140-66-9
n.a.
50-32-8
205-99-2
191-24-2
207-08-9
206-44-0
193-39-5
608-93-5
122-34-9
87-86-5
688-73-3
36643-28-4
12002-48-1
120-82-1
67-66-3
1582-09-8

240-110-8
204-371-1
217-617-8
200-753-7
n.a.
231-152-8
287-476-5
207-432-0
220-864-4
200-838-9
203-458-1
204-211-0
206-354-4
204-079-4
n.a.
204-273-9
201-765-5
210-158-9
200-401-2
251-835-4
231-100-4
231-106-7
202-049-5
231-111-4
246-672-0
203-199-4
217-302-5
n.a.
n.a.
200-028-5
205-911-9
205-883-8
205-916-6
205-912-4
205-893-2
210-172-5
204-535-2
201-778-6
211-704-4
n.a.
234-413-4
204-428-0
200-663-8
216-428-8

Alachlor
Anthracene
Atrazine
Benzene
Brominated diphenylether (1)
Cadmium and its compounds
C10-13-chloroalkanes
Chlorfenvinphos
Chlorpyrifos
Dichloromethane
1,2-Dichloroethane
Di(2-ethylhexyl)phthalate (DEHP)
Diuron
Endosulfan
(alpha-endosulfan)
Hexachlorobenzene
Hexachlorobutadiene
Hexachlorocyclohexane
(gamma-isomer, Lindane)
Isoproturon
Lead and its compounds
Mercury and its compounds
Naphthalene
Nickel and its compounds
Nonylphenols
(4-(para)-nonylphenol)
Octylphenols
(para-tert-octylphenol)
Polyaromatic hydrocarbons
(Benzo(a)pyrene
Benzo(b)fluoroanthene
Benzo(g,h,i)perylene
Benzo(k)fluoroanthene
Fluoroanthene
Indeno(1,2,3-cd)pyrene)
Pentachlorobenzene
Simazine
Pentachlorophenol
Tributyltin compounds
(Tributyltin-cation)
Trichlorobenzenes
(1,2,4-Trichlorobenzene)
Trichloromethane (Chloroform)
Trifluralin

(1) These groups of substances normally include a considerable number of individual compounds. Presently, appropriate indicative

parameters cannot be given.
CAS: Chemical Abstract Services
EU number: European Inventory of Existing Commercial Chemical Substances (EINECS) or European List of Notified Chemical
Substances (ELINCS).
n.a.: not applicable.

(1) Where groups of substances have been selected, typical individual representatives are listed in brackets as indicative parameters. The
establishment of controls will be targeted to these individual substances, without prejudicing the inclusion of other individual
representatives where appropriate.

C 154 E/122

EN

Official Journal of the European Communities

29.5.2001

AMENDED PROPOSAL

List of priority substances in the field of water policy (*)

CAS number (1)

EU number (2)

Name of priority substance

Identified
as priority
hazardous substance

(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)

(15)
(16)
(17)

(18)
(19)
(20)
(21)
(22)
(23)

(24)

(25)
(26)
(27)

(28)
(29)

(30)

(31)
(32)

15972-60-8
120-12-7
1912-24-9
71-43-2
n.a.
7440-43-9
85535-84-8
470-90-6
2921-88-2
107-06-2
75-09-2
117-81-7
330-54-1
115-29-7
959-98-8
118-74-1
87-68-3
608-73-1
58-89-9
34123-59-6
7439-92-1
7439-97-6
91-20-3
7440-02-0
25154-52-3
104-40-5
1806-26-4
140-66-9
608-93-5
87-86-5
n.a.
50-32-8
205-99-2
191-24-2
207-08-9
206-44-0
193-39-5
122-34-9
688-73-3
36643-28-4
12002-48-1
120-82-1
67-66-3
1582-09-8

240-110-8
204-371-1
217-617-8
200-753-7
n.a.
231-152-8
287-476-5
207-432-0
220-864-4
203-458-1
200-838-9
204-211-0
206-354-4
204-079-4
n.a.
204-273-9
201-765-5
210-158-9
200-401-2
251-835-4
231-100-4
231-106-7
202-049-5
231-111-4
246-672-0
203-199-4
217-302-5
n.a.
210-172-5
201-778-6
n.a.
200-028-5
205-911-9
205-883-8
205-916-6
205-912-4
205-893-2
204-535-2
211-704-4
n.a.
234-413-4
204-428-0
200-663-8
216-428-8

Alachlor
Anthracene
Atrazine
Benzene
Brominated diphenylethers (**)
Cadmium and its compounds
C10-13-chloroalkanes (**)
Chlorfenvinphos
Chlorpyrifos
1,2-Dichloroethane
Dichloromethane
Di(2-ethylhexyl)phthalate (DEHP)
Diuron
Endosulfan
(alpha-endosulfan)
Hexachlorobenzene
Hexachlorobutadiene
Hexachlorocyclohexane
(gamma-isomer, Lindane)
Isoproturon
Lead and its compounds
Mercury and its compounds
Naphthalene
Nickel and its compounds
Nonylphenols
(4-(para)-nonylphenol)
Octylphenols
(para-tert-octylphenol)
Pentachlorobenzene
Pentachlorophenol
Polyaromatic hydrocarbons
(Benzo(a)pyrene)
(Benzo(b)fluoroanthene)
(Benzo(g,h,i)perylene)
(Benzo(k)fluoroanthene)
(Fluoroanthene)
(Indeno(1,2,3-cd)pyrene)
Simazine
Tributyltin compounds
(Tributyltin-cation)
Trichlorobenzenes
(1,2,4-Trichlorobenzene)
Trichloromethane (Chloroform)
Trifluralin

(X) (***)
(X) (***)

X (****)
X
X

(X) (***)

(X) (***)

(X) (***)

X
X
X

(X) (***)
X
(X) (***)

X

(X) (***)

X
(X) (***)
X

X

(X) (***)

(X) (***)

(*) Where groups of substances have been selected, typical individual representatives are listed as indicative parameters (in brackets
and without number). The establishment of controls will be targeted to these individual substances, without prejudicing the
inclusion of other individual representatives, where appropriate.

(**) These groups of substances normally include a considerable number of individual compounds. Presently, appropriate indicative

parameters cannot be given.

(***) These priority substances are subject to a review for identification as possible (cid:145)priority hazardous substances(cid:146) by 31 December
2003. A final decision will be taken in the review of the list of priority substances as foreseen under Article 16(4) of Directive
2000/60/EC.

(****) Only Pentabromobiphenylether (CAS number 32534-81-9).
(1) CAS: Chemical Abstract Services.
(2) EU number: European Inventory of Existing Commercial Chemical Substances (EINECS) or European List of Notified Chemical

Substances (ELINCS).
n.a.: not applicable.