Decision No 2455/2001/EC of the European Parliament and of the Council of 20 November 2001 establishing the list of priority substances in the field of water policy and amending Directive 2000/60/EC (Text with EEA relevance)
Date: 2001-11-20
Institutions: Council of the European Union, European Parliament
Subjects: dangerous substance, drinking water, environmental protection, groundwater, pollution control measures, surface water

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I

(Acts whose publication is obligatory)

DECISION No 2455/2001/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 20 November 2001

establishing the list of priority substances in the field of water policy and amending Directive
2000/60/EC

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

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

Having regard to the proposal from the Commission (1),

Having regard to the Opinion of the Economic and Social
Committee (2),

Following consultation of the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty (3),

Whereas:

(1)

(2)

(3)

Council Directive 76/464/EEC of 4 May 1976 on pollu-
tion caused by certain dangerous substances discharged
into the aquatic environment of the Community (4) and
the Directives adopted within its framework currently
represent
for the
the major Community instrument
control of point and diffuse discharges of dangerous
substances.

The Community controls under Council Directive 76/
464/EEC have been replaced, harmonised and further
developed by Directive 2000/60/EC of the European
Parliament and of the Council of 23 October 2000
establishing a framework for Community action in the
field of water policy (5).

Under Directive 2000/60/EC specific measures must be
adopted at Community level against pollution of water
by individual pollutants or groups of pollutants
presenting a significant risk to or via the aquatic envir-
onment,
including such risks to waters used for the
abstraction of drinking water. Such measures are aimed
at the progressive reduction and, for priority hazardous
substances, as defined in the second sentence of point
30 of Article 2 of Directive 2000/60/EC, at the cessation
or phasing out of discharges, emissions and losses

(1) OJ C 177 E, 27.6.2000, p. 74 and OJ C 154 E, 29.5.2001, p. 117.
(2) OJ C 268, 19.9.2000, p. 11.
(3) Opinion of

the European Parliament of 15 May 2001 (not yet
Journal) and Council Decision of 8

published in the Official
October 2001.

(4) OJ L 129, 18.5.1976, p. 23. Directive as last amended by Directive

2000/60/EC (OJ L 327, 22.12.2000, p. 1).

(5) OJ L 327, 22.12.2000, p. 1.

(4)

(5)

(6)

within 20 years after their adoption at Community level,
with the ultimate aim, as recognised in the context of
achieving the objectives of relevant international agree-
ments, of achieving concentrations in the marine envir-
onment approaching background values for naturally
occurring substances and close to zero for man-made
synthetic substances. With a view to the adoption of
these measures, it is necessary to establish, as Annex X
to Directive 2000/60/EC, the list of priority substances,
including the priority hazardous substances. The list has
been prepared taking into account the recommendations
referred to in Article 16(5) of Directive 2000/60/EC.

For substances occurring naturally, or produced through
natural processes, such as cadmium, mercury and poly-
aromatic hydrocarbons (PAHs), complete phase-out of
from all potential
emissions, discharges and losses
sources is impossible. When the relevant
individual
directives are drawn up, this situation must be properly
taken into account and measures should aim at the
cessation of emissions, discharges and losses into water
of
those priority hazardous substances which derive
from human activities.

Directive 2000/60/EC introduces in Article 16(2) a
scientifically based methodology for selecting priority
substances on the basis of their significant risk to or via
the aquatic environment.

The methodology set out
in Directive 2000/60/EC
enables, as a most practical option, the application of a
simplified risk-based assessment procedure based on
scientific principles taking particular account of:

— evidence regarding the intrinsic hazard of

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

— evidence from monitoring of widespread environ-

mental contamination, and

— other proven factors which may indicate the poss-
ibility of widespread environmental contamination,
such as production, use volume and use pattern of
the substance concerned.

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(7)

(8)

(9)

(10)

(11)

(12)

(13)

interested parties,

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

The Commission should involve in the COMMPS proce-
dure the countries which are candidates for membership
of
the European Union, assigning priority to those
through whose territory watercourses pass which also
pass through, or flow into, the territory of a Member
State.

A first
substances has been selected on the basis of
COMMPS procedure,
transparent discussion with the interested parties.

list of 33 priority substances or groups of
the
following a publicly open and

The expeditious adoption of this list is desirable in order
to enable the timely and continuing implementation of
and hazardous
Community controls of dangerous
substances pursuant to the strategy set out in Article 16
of Directive 2000/60/EC, in particular the proposals for
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 the Directive.

The list of priority substances adopted under
this
Decision is to replace the list of substances in the
Commission Communication to the Council of 22 June
1982 on dangerous substances which might be included
in List I of Council Directive 76/464/EEC (1).

the priority hazardous

Pursuant to Article 16(3) of Directive 2000/60/EC, the
identification of
substances
requires consideration of the selection of substances of
concern in relevant Community legislation regarding
hazardous substances or relevant
international agree-
ments. Hazardous
are defined in that
Directive as ‘substances or groups of substances that are
toxic, persistent and liable to bio-accumulate, and other
substances or groups of substances which give rise to an
equivalent level of concern’.

substances

International agreements of relevance include inter alia
the OSPAR Convention for the Protection of the Marine
Environment of the North-East Atlantic, the HELCOM
Convention on the Protection of the Marine Environ-
ment of the Baltic Sea, the Barcelona Convention for the
Protection of the Mediterranean Sea against Pollution,
the Conventions adopted within the International Mari-
time Organisation, the UNEP Convention on Persistent

(1) OJ C 176, 14.7.1982, p. 3.

(14)

(15)

(16)

(17)

Organic Pollutants and the Protocol on Persistent
Organic Pollutants of the UN-ECE Convention on Long-
Range Transboundary Air Pollution.

contribute

to the objectives

The selection of priority substances and the identifica-
tion of priority hazardous substances targeted to the
establishment of controls of emissions, discharges and
losses will
and the
Community commitments under international conven-
tions for the protection of marine waters, in particular
to the implementation of the Strategy with regard to
hazardous substances adopted at
the 1998 OSPAR
Ministerial Meeting under the Convention for the protec-
the North-East
tion of
to Council Decision 98/249/EC (2).
Atlantic pursuant

the marine environment of

The identification of the priority hazardous substances
on the list of priority substances should be made with
regard,
inter alia, to hazardous substances agreed for
phase-out or for cessation of discharges, emissions and
losses in international agreements, such as hazardous
substances which are agreed for phase-out
in inter-
national fora including IMO, UNEP or UN-ECE; hazar-
dous substances which are agreed for cessation of
discharges, emissions and losses as a priority in the
OSPAR Convention,
substances
identified by the OSPAR DYNAMEC Selection I (3) or
III (4); hazardous substances which give rise to ‘an
equivalent level of concern’ as substances that are persis-
tent, toxic and liable to bioaccumulate (PTBs), such as
endocrine disrupters
the OSPAR
Strategy; and heavy metals included in the Protocol on
Heavy Metals of the UN-ECE Convention on Long-Range
Transboundary Air Pollution and selected for priority
action under OSPAR 1998 and 2000, which give rise to
‘an equivalent level of concern’ as PTBs.

including hazardous

identified under

In order to render measures to combat water pollution
effective, the Commission must promote the synchroni-
sation of research and of the conclusions effected in the
framework of the OSPAR Convention and the COMMPS
procedure.

The COMMPS procedure is designed as a dynamic
instrument for the prioritisation of dangerous and hazar-
dous substances open to continuous improvement and
development with a view to review and adaptation of
the first list of priority substances at the latest four years
after the entry into force of Directive 2000/60/EC and at
least every four years thereafter. In order to ensure that
all potential priority substances are taken into account
by the next selection process,
it is essential that no
substances are systematically excluded, that best avail-
able knowledge is taken into account, and that all chem-
icals and all pesticides on the EU market and all
substances
‘hazardous’ by OSPAR are
included in the selection process.

identified as

(2) OJ L 104, 3.4.1998, p. 1.
(3) Not inherently biodegradable and log Kow (octanol-water coefficient
≥ 5 or BCF (bioconcentration factor) ≥ 5 000 and acute aquatic toxi-
city ≤ 0,1 mg/l or mammalian CMR (cancerogenicity, mutagenicity
and toxic for reproduction).

(4) Not inherently biodegradable and log Kow ≥ 4 or BCF ≥ 500 and

acute aquatic toxicity ≤ 1 mg/l or mammalian CMR.

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(18)

(19)

(20)

The effectiveness of COMMPS is largely determined by
the availability of relevant data. Current Community
legislation on chemical substances has been found to
suffer from a major lack of data. The purpose of
Directive 2000/60/EC can only be fully achieved if full
data availability is ensured by revising the Community
legislation on chemical substances.

The reference to the COMMPS procedure does not
preclude the possibility that the Commission may use
certain
methods of
substances which have already been developed or used
in other anti-pollution measures.

assessing the harmfulness of

In accordance with Article 1(c) of Directive 2000/60/EC,
the future reviews of the list of priority substances under
Article 16(4) of that Directive will contribute to the
cessation of emissions, discharges and losses of all
hazardous substances by 2020 by progressively adding
further substances to the list.

the results of

(21) During review and adaptation of the list of priority
substances,
further developed
in addition to the
COMMPS procedure, account should be taken as appro-
the reviews under Council
priate of
Directive 91/414/EEC of 15 July 1991 concerning the
placing of plant protection products on the market (1),
Council Regulation (EEC) No 793/93 of 23 March 1993
on the evaluation and control of the risks of existing
substances (2),
and Council
Directive 98/8/EC of 16 February 1998 concerning the
placing of biocidal products on the market (3) and
possibly other scientific information from the review of
existing or new directives, in particular within the frame-
work of legislation on chemicals. Duplicate reviews of
substances must be avoided in view of
the costs
involved. In adapting the lists it must be possible both to
set a lower priority ranking and also to place a substance
in a higher category,

Parliament

European

HAVE ADOPTED THIS DECISION:

Article 1

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 adopted. This list, as
it appears in the Annex to this Decision, shall be added to
Directive 2000/60/EC as Annex X.

Article 2

The list of priority substances established by this Decision shall
replace the list of substances in the Commission Communi-
cation of 22 June 1982.

Article 3

to ensure consideration of all potential priority
In order
substances,
the Commission and the Member States shall
ensure that the substance and exposure-related data needed for
the implementation of the COMMPS procedure are made avail-
able.

Article 4

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

This Decision is addressed to the Member States.

Article 5

Done at Brussels, 20 November 2001.

For the European Parliament

For the Council

The President

The President

N. FONTAINE

A. NEYTS−UYTTEBROECK

(1) OJ L 230, 19.8.1991, p. 1. Directive as last amended by Directive

2001/49/EC (OJ L 176, 29.6.2001, p. 61).

(2) OJ L 84, 5.4.1993, p. 1.
(3) OJ L 123, 24.4.1998, p. 1.

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ANNEX

‘ANNEX X

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)

15972-60-8

240-110-8

Alachlor

120-12-7

204-371-1

Anthracene

1912-24-9

217-617-8

71-43-2

200-753-7

Atrazine

Benzene

(X) (***)

(X) (***)

not applicable

not applicable

Brominated diphenylethers (**)

X (****)

7440-43-9

231-152-8

Cadmium and its compounds

85535-84-8

287-476-5

C10-13-chloroalkanes (**)

470-90-6

207-432-0

Chlorfenvinphos

X

X

2921-88-2

220-864-4

Chlorpyrifos

(X) (***)

(10)

107-06-2

203-458-1

1,2-Dichloroethane

(11)

75-09-2

200-838-9

Dichloromethane

(12)

117-81-7

204-211-0

Di(2-ethylhexyl)phthalate (DEHP)

(13)

330-54-1

206-354-4

Diuron

(14)

115-29-7

204-079-4

Endosulfan

959-98-8

not applicable

(alpha-endosulfan)

(15)

206-44-0

205-912-4

Fluoranthene (*****)

(16)

118-74-1

204-273-9

Hexachlorobenzene

(17)

87-68-3

201-765-5

Hexachlorobutadiene

(18)

608-73-1

210-158-9

Hexachlorocyclohexane

58-89-9

200-401-2

(gamma-isomer, Lindane)

(19)

34123-59-6

251-835-4

Isoproturon

(20)

7439-92-1

231-100-4

Lead and its compounds

(21)

7439-97-6

231-106-7

Mercury and itrs compounds

(22)

91-20-3

202-049-5

Naphthalene

(23)

7440-02-0

231-111-4

Nickel and its compounds

(X) (***)

(X) (***)

(X) (***)

X

X

X

(X) (***)

(X) (***)

X

(X) (***)

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CAS number (1)

EU number (2)

Name of priority substance

Identified as priority
hazardous substance

(24)

25154-52-3

246-672-0

Nonylphenols

104-40-5

(25)

1806-26-4

203-199-4

217-302-5

(4-(para)-nonylphenol)

Octylphenols

140-66-9

608-93-5

87-86-5

not applicable

(para-tert-octylphenol)

210-172-5

201-778-6

Pentachlorobenzene

Pentachlorophenol

not applicable

not applicable

Polyaromatic hydrocarbons

50-32-8

205-99-2

191-24-2

207-08-9

193-39-5

122-34-9

688-73-3

200-028-5

205-911-9

205-883-8

205-916-6

205-893-2

204-535-2

211-704-4

(Benzo(a)pyrene),

(Benzo(b)fluoranthene),

(Benzo(g,h,i)perylene),

(Benzo(k)fluoranthene),

(Indeno(1,2,3-cd)pyrene)

Simazine

Tributyltin compounds

(26)

(27)

(28)

(29)

(30)

36643-28-4

not applicable

(Tributyltin-cation)

(31)

12002-48-1

234-413-4

Trichlorobenzenes

120-82-1

67-66-3

1582-09-8

(32)

(33)

204-428-0

200-663-8

216-428-8

(1,2,4-Trichlorobenzene)

Trichloromethane (Chloroform)

Trifluralin

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. At present, appropriate indicative parameters cannot be given.
This priority substance is subject to a review for identification as possible “priority hazardous substance”. The Commission will make a proposal to the European
Parliament and Council for its final classification not later than 12 months after adoption of this list. The timetable laid down in Article 16 of Directive 2000/60/EC for
the Commission's proposals of controls is not affected by this review.

(****) Only Pentabromobiphenylether (CAS-number 32534-81-9).
(*****) Fluoranthene is on the list as an indicator of other, more dangerous Polyaromatic Hydrocarbons.
(1)
(2)

CAS: Chemical Abstract Services.
EU-nummer: European Inventory of Existing Commercial Chemical Substances (EINECS) or European List of Notified Chemical Substances (ELINCS).’