Common Position (EC) No 3/2008 of 20 December 2007 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to the adoption of a Directive of the European Parliament and of the Council on environmental quality standards in the field of water policy and amending Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and 2000/60/EC
Date: 2007-12-20
Institutions: Council of the European Union
Subjects: environmental standard, pollution control, quality of the environment, surface water, water pollutant

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III

(Preparatory Acts)

COUNCIL

COMMON POSITION (EC) No 3/2008

adopted by the Council on 20 December 2007

with a view to the adopting Directive 2008/…/EC of the European Parliament and of the Council
of … on environmental quality standards in the field of water policy and amending Directives
82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and 2000/60/EC

(2008/C 71 E/01)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

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

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Economic and
Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure
Article 251 of the Treaty (2),

laid down in

Whereas:

(1)

(2)

Chemical pollution of surface water presents a threat to
the aquatic environment with effects such as acute and
chronic toxicity to aquatic organisms, accumulation in
the ecosystem and losses of habitats and biodiversity, as
well as threats to human health. As a matter of priority,
causes of pollution should be identified and emissions
should be dealt with at source, in the most economically
and environmentally effective manner.

Decision No 1600/2002/EC of the European Parliament
and of the Council of 22 July 2002 laying down the
Sixth Community Environment Action Programme (3)
states that environment and health and quality of life are

(1) OJ C 97, 28.4.2007, p. 3.
(2) Opinion of

the European Parliament of 22 May 2007 (not yet
Journal), Council Common Position of
published in the Official
20 December 2007 and Position of the European Parliament of … (not
yet published in the Official Journal).

(3) OJ L 242, 10.9.2002, p. 1.

(3)

(4)

(5)

key environmental priorities of that Programme, high-
lighting in particular the need to establish more specific
legislation in the field of water policy.

Directive 2000/60/EC of the European Parliament and of
the Council of 23 October 2000 establishing a frame-
work for Community action in the field of water
policy (4) lays down a strategy against pollution of water
and requires
for pollution
control and environmental quality standards (EQS). This
Directive lays down EQS in accordance with the provi-
sions and objectives of Directive 2000/60/EC.

specific measures

further

In accordance with Article 4 of Directive 2000/60/EC,
and in particular paragraph 1, point (a), Member States
should implement the necessary measures in accordance
with Article 16(1) and (8) of that Directive, with the aim
reducing pollution from priority
of progressively
substances
emissions,
discharges and losses of priority hazardous substances.

and ceasing or phasing out

Numerous Community acts have been adopted since
2000 which constitute emission control measures in
accordance with Article 16 of Directive 2000/60/EC for
individual priority substances. Moreover, many environ-
mental protection measures fall under the scope of other
existing Community legislation. Therefore priority should
be given to implementation and revision of existing
instruments rather than establishing new controls.

(4) OJ L 327, 22.12.2000, p. 1. Directive as amended by Decision

No 2455/2001/EC (OJ L 331, 15.12.2001, p. 1).

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(6)

(7)

(8)

As regards emission controls of priority substances from
point and diffuse sources as referred to in Article 16 of
Directive 2000/60/EC,
it seems more cost-effective and
proportionate for Member States to include, where neces-
sary, in addition to the implementation of other existing
Community legislation, appropriate control measures,
pursuant to Article 10 of Directive 2000/60/EC, in the
programme of measures to be developed for each river
basin district in accordance with Article 11 of that Direc-
tive.

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 (1) sets out the first
list of 33 substances or groups of substances that have
been prioritised for action at Community level. Among
those priority substances, certain substances have been
identified as priority hazardous substances for which
Member States should implement necessary measures
with the aim of ceasing or phasing out emissions,
discharges and losses. Some substances were under
review and should be classified. The Commission should
continue to review the list of priority substances, priori-
tising substances for action on the basis of agreed criteria
that demonstrate the risk to, or via, the aquatic environ-
ment, in accordance with the timetable provided for in
Article 16 of Directive 2000/60/EC, and bring forward
proposals as appropriate.

level, subject

From the point of view of Community interest and for a
more effective regulation of surface water protection, it is
appropriate to set up EQS for pollutants classified as
priority substances at Community level and to leave it to
Member States to lay down, where necessary, rules for
remaining pollutants at national
to the
application of relevant Community rules. Nonetheless,
eight pollutants which fall under the scope of Council
Directive 86/280/EEC of 12 June 1986 on limit values
and quality objectives for discharges of certain dangerous
substances included in List I of the Annex to Directive
76/464/EEC (2), and which form part of the group of
substances for which Member States should implement
measures with the aim of achieving good chemical status
by 2015, subject
to Articles 2 and 4 of Directive
2000/60/EC, were not included in the list of priority
substances. However, the common standards established
for those pollutants proved to be useful and it is appro-
priate to maintain their regulation at Community level.

industry (3), Council Directive
chlor-alkali electrolysis
83/513/EEC of 26 September 1983 on limit values and
quality objectives for cadmium discharges (4), Council
Directive 84/156/EEC of 8 March 1984 on limit values
and quality objectives for mercury discharges by sectors
industry (5),
other
Council Directive 84/491/EEC of 9 October 1984 on
limit values and quality objectives for discharges of hexa-
chlorocyclohexane (6) and Directive 86/280/EEC will
become superfluous and should be deleted.

chlor-alkali

electrolysis

than the

(10)

(11)

(12)

The aquatic environment can be affected by chemical
pollution both in the short term and in the long term,
and therefore both acute and chronic effects data should
be used as the basis for establishing the EQS. In order to
ensure that the aquatic environment and human health
are adequately protected, EQS expressed as an annual
average value should be established at a level providing
long-term exposure, and maximum
protection against
allowable concentrations should be established to protect
against short term exposure.

In accordance with the rules set out in Section 1.3.4 of
Annex V to Directive 2000/60/EC, when monitoring
compliance with the EQS, including those expressed as
maximum allowable concentrations, Member States may
introduce statistical methods, such as a percentile calcula-
tion, to deal with outliers (extreme deviations from the
mean) and false readings in order to ensure an acceptable
level of confidence and precision. To ensure the compar-
ability of monitoring between Member States, it is appro-
priate to provide for the establishment of detailed rules
for such statistical methods through committee proce-
dure.

The establishment of EQS values at Community level
should, at this stage, for the majority of substances be
limited to surface water only. However, as regards hexa-
it is
chlorobenzene, hexachlorobutadiene and mercury,
not possible to ensure protection against indirect effects
and secondary poisoning at Community level by EQS for
surface water alone. It is therefore appropriate to establish
those three
EQS for biota at Community level
substances. To allow Member States flexibility depending
on their monitoring strategy, they should be able either
to monitor and apply those EQS for biota, or to establish
stricter EQS for surface water providing the same level of
protection.

for

(9)

Consequently, the provisions concerning current environ-
mental quality objectives laid down in Council Directive
82/176/EEC of 22 March 1982 on limit values and
the
quality objectives

for mercury discharges by

(1) OJ L 331, 15.12.2001, p. 1.
(2) OJ L 181, 4.7.1986, p. 16. Directive as last amended by Directive

91/692/EEC (OJ L 377, 31.12.1991, p. 48).

(3) OJ L 81, 27.3.1982, p. 29. Directive as amended by Directive

91/692/EEC.

(4) OJ L 291, 24.10.1983, p. 1. Directive as amended by Directive

91/692/EEC.

(5) OJ L 74, 17.3.1984, p. 49. Directive as amended by Directive

91/692/EEC.

(6) OJ L 274, 17.10.1984, p. 11. Directive as amended by Directive

91/692/EEC.

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(13)

Furthermore, Member States should be able to establish
EQS for sediment and/or biota at national level and apply
those EQS instead of the EQS for water set out in this
Directive. Such EQS should be established through a
transparent procedure involving notifications
to the
Commission and other Member States so as to ensure a
level of protection equivalent to the EQS for water set up
at Community level. The Commission should summarise
these notifications in its reports on the implementation
of Directive 2000/60/EC. Moreover, as sediment and
biota remain important matrices for the monitoring of
certain substances by Member States, in order to assess
long term impacts of anthropogenic activity and trends,
Member States should take measures, subject to Article 4
of Directive 2000/60/EC, with the aim of ensuring that
existing levels of contamination in biota and sediments
will not significantly increase.

(14) Member States have to comply with Council Directive
98/83/EC of 3 November 1998 on the quality of water
intended for human consumption (1)
and manage
the surface water bodies used for abstraction of drinking
water
in accordance with Article 7 of Directive
2000/60/EC. This Directive should therefore be imple-
mented without prejudice to those requirements which
may require more stringent standards.

(15)

(16)

In the vicinity of discharges from point sources concen-
trations of pollutants are usually higher than the ambient
concentrations in water. Therefore, Member States should
be able to make use of mixing zones, so long as they do
not affect the compliance of the rest of the body of
surface water with the relevant EQS. The extent of
mixing zones should be restricted to the proximity of the
point of discharge and be proportionate.

It is necessary to check compliance with the objectives
for cessation or phase-out, and reduction, as specified in
Article 4(1)(a) of Directive 2000/60/EC, and to make the
assessment of compliance with these obligations trans-
in particular as regards the consideration of
parent,
significant emissions, discharges and losses as a result of
human activities. Further, a timetable for cessation or
phase-out, and reduction, can only be related to an inven-
tory. It should be also possible to assess the application
of Article 4(4) to (7) of Directive 2000/60/EC. An appro-
priate tool is likewise needed for quantification of losses
of
resulting from
in which case complete cessation or
natural processes,
In
phase out from all potential sources is impossible.

substances occurring naturally, or

(17)

(18)

(19)

(20)

order to meet those needs, each Member State should
establish an inventory of emissions, discharges and losses
for each river basin district or part of a river basin district
in its territory.

In order to avoid duplication of work by establishing
those inventories and to ensure the coherence of those
inventories with other existing tools in the area of surface
water protection, Member States should use information
collected under Directive 2000/60/EC and under Regu-
lation (EC) No 166/2006 of the European Parliament and
Council of 18 January 2006 concerning the establish-
ment of a European Pollutant Release and Transfer
Register (2).

In order better to reflect
their needs, Member States
should be able to choose an appropriate 1-year reference
period for measuring the basic entries of the inventory.
However, account should be taken of the fact that the
losses from the application of pesticides may vary consid-
erably from one year to another because of different
application rates,
example because of different
climatic conditions. Therefore, Member States should be
able to opt for a 3-year reference period for certain
substances covered by Council Directive 91/414/EEC of
15 July 1991 concerning the placing of plant protection
products on the market (3).

for

the inventory,

In order to optimise the use of
is
appropriate to fix a deadline for the Commission to
verify that emissions, discharges and losses are making
progress towards compliance with the objectives set out
in Article 4(1)(a) of Directive 2000/60/EC, subject to
Article 4(4) and (5) of that Directive.

it

Several Member States are affected by pollution the
source of which lies outside their national jurisdiction. It
is therefore appropriate to make clear that a Member
State would not be in breach of its obligations under this
Directive as a result of the exceedance of an EQS due to
such transboundary pollution provided that
certain
conditions were met and that it had taken advantage, as
appropriate, of
the relevant provisions of Directive
2000/60/EC.

(21) On the basis of

reports

the
Commission should review the need for additional
specific Community-wide measures and,
if appropriate,
make relevant proposals.

from Member States,

(1) OJ L 330, 5.12.1998, p. 32. Directive as last amended by the 2005 Act

of Accession.

(2) OJ L 33, 4.2.2006, p. 1.
(3) OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission

Directive 2007/50/EC (OJ L 202, 3.8.2007, p. 15).

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(22)

(23)

(24)

(25)

Criteria for identification of substances that are persistent,
bioaccumulative and toxic, as well as substances of other
equivalent concern, notably very persistent and very
bioaccumulative, as referred to in Directive 2000/60/EC,
are established in the Technical Guidance Document for
Risk Assessment
in support of Commission Directive
93/67/EEC of 20 July 1993 laying down the principles
for assessment of risks to man and the environment of
substances notified in accordance with Council Directive
67/548/EEC (1), Commission Regulation (EC) No 1488/94
of 28 June 1994 laying down the principles for the
assessment of risks to man and the environment of
existing substances in accordance with Council Regu-
lation (EEC) No 793/93 (2) and Directive 98/8/EC of the
European Parliament and of the Council of 16 February
1998 concerning the placing of biocidal products on the
market (3). To
consistency of Community
legislation, only those criteria should be applied to the
substances
to Decision
No
and Annex X to Directive
2000/60/EC should be replaced accordingly.

review according

2455/2001/EC,

ensure

under

The obligations laid down in the Directives listed in
Annex IX to Directive 2000/60/EC are already incorpo-
rated in Council Directive 96/61/EC of 24 September
1996 concerning integrated pollution prevention and
control (4) and in Directive 2000/60/EC and, at least, the
same level of protection is guaranteed if the EQS are
maintained or reviewed. In order to ensure a consistent
approach to chemical pollution of surface waters and to
simplify and clarify the existing Community legislation in
that area, it is appropriate to repeal, pursuant to Directive
2000/60/EC, with effect from 22 December 2012, Direc-
tives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC
and 86/280/EEC.

recommendations

in Directive
The
2000/60/EC,
the Scientific
Committee on Toxicity, Ecotoxicity and the Environment,
have been considered.

to
those of

in particular

referred

In accordance with paragraph 34 of the Interinstitutional
Agreement on better law-making (5), Member States are
encouraged to draw up, for themselves and in the inter-
ests of the Community, their own tables illustrating, as
far as possible, the correlation between this Directive and
the transposition measures, and to make them public.

(26)

Since the objective of this Directive, namely the achieving
of good surface water chemical status by laying down
EQS for priority substances and certain other pollutants,
cannot be sufficiently achieved by the Member States and

(1) OJ L 227, 8.9.1993, p. 9.
(2) OJ L 161, 29.6.1994, p. 3.
(3) OJ L 123, 24.4.1998, p. 1.
(4) OJ L 257, 10.10.1996, p. 26.
(5) OJ C 321, 31.12.2003, p. 1.

can therefore, by reason of maintaining the same level of
protection of surface water throughout the Community,
be better achieved at Community level, the Community
may adopt measures, in accordance with the principle of
subsidiarity as set out
In
accordance with the principle of proportionality, as set
out in that Article, this Directive does not go beyond
what is necessary in order to achieve that objective.

in Article 5 of

the Treaty.

(27)

(28)

The measures necessary for the implementation of this
Directive should be adopted inaccordance with Council
Decision 1999/468/EC of 28 June 1999 laying down the
implementing powers
the exercise of
procedures for
conferred on the Commission (6).

In particular, the Commission should be empowered to
amend point 3 of part B of Annex I. Since that measure
is of general scope and is designed to amend non-essen-
tial elements of this Directive, or to supplement it by the
addition of new non-essential elements,
it must be
adopted in accordance with the regulatory procedure
with scrutiny provided for in Article 5a of Decision
1999/468/EC,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Subject matter

With the aim of achieving good surface water chemical status
and in accordance with the provisions and objectives of Article 4
this Directive lays down environ-
of Directive 2000/60/EC,
for priority substances and
mental quality standards (EQS)
certain other pollutants as provided for in Article 16 of Direc-
tive 2000/60/EC.

Article 2

Definitions

The definitions laid down in Directive 2000/60/EC shall apply
for the purposes of this Directive.

Article 3

Environmental quality standards

1.
In accordance with Article 1 of this Directive and Article 4
of Directive 2000/60/EC, Member States shall apply the EQS
laid down in Annex I, Part A, to this Directive in bodies of
surface water.

(6) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

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Member States shall apply the EQS in bodies of surface water in
accordance with the requirements laid down in Annex I, Part B.

2. Member States may opt to apply EQS for sediment and/or
biota instead of those laid down in Annex I, Part A, in certain
categories of surface water. Member States that apply this
option shall:

(a) apply, for mercury and its compounds, an EQS of 20 µg/kg,
and/or for hexachlorobenzene, an EQS of 10 µg/kg, and/or
for hexachlorobutadiene, an EQS of 55 µg/kg, these EQS
being for prey tissue (wet weight), choosing the most appro-
priate indicator from among fish, molluscs, crustaceans and
other biota;

(b) establish and apply EQS other than those mentioned in
point (a) for sediment and/or biota for specified substances.
These EQS shall offer at least the same level of protection as
the EQS for water set out in Annex I, Part A;

Member States shall determine the frequency of monitoring in
sediment and/or biota so as to provide sufficient data for a reli-
able long-term trend analysis. As a guideline, monitoring should
take place every three years, unless technical knowledge and
expert judgment justify another interval.

including the conclusion of

The Commission shall examine technical and scientific
4.
progress,
risk assessments as
referred to in Article 16(2)(a) and (b) of Directive 2000/60/EC
and information from the registration of substances made
publicly available according to Article 119 of Regulation (EC)
No 1907/2006, and,
if necessary, propose that the EQS laid
down in Part A of Annex I to this Directive be revised in
accordance with the procedure laid down in Article 251 of the
Treaty in line with the timetable provided for in Article 16(4) of
Directive 2000/60/EC.

5.
Point 3 of Part B of Annex I to this Directive may be
amended in accordance with the regulatory procedure with
scrutiny provided for in Article 5a of Decision 1999/468/EC.

(c) determine, for the substances mentioned in points (a) and
(b), the frequency of monitoring in biota and/or sediment.
However, monitoring shall take place at least once every
year, unless technical knowledge and expert judgment justify
another interval; and

Article 4

Mixing zones

(d) notify the Commission and other Member States, through
the Committee referred to in Article 21 of Directive
2000/60/EC, of the substances for which EQS have been
established in accordance with point (b), the reasons and
basis for using this approach, the alternative EQS estab-
lished, including the data and the methodology by which
they were derived, the categories of surface water to which
they would apply, and the frequency of monitoring planned,
together with the justification for that frequency.

include a summary of notifications
The Commission shall
pursuant to point (d) above and to note (viii) to Annex I, Part A,
in the reports published in accordance with Article 18 of Direc-
tive 2000/60/EC.

1. Member States may designate mixing zones adjacent to
points of discharge. Concentrations of one or more pollutants
within such mixing zones may exceed the relevant EQS if they
do not affect the compliance of the rest of the body of surface
water with those standards.

2. Member States that designate mixing zones shall include a
description of the approaches and methodologies applied to
derive such zones in river basin management plans produced in
accordance with Article 13 of Directive 2000/60/EC.

3. Member States that designate mixing zones shall ensure
that the extent of any such zone is:

(a) restricted to the proximity of the point of discharge;

3. Member States shall arrange for
the long-term trend
analysis of concentrations of those priority substances listed in
Annex I, Part A, that tend to accumulate in sediment and/or
biota (giving particular consideration to substances numbers 2,
5, 6, 7, 12, 15, 16, 17, 18, 20, 21, 26, 28 and 30) on the basis
of monitoring of water status carried out in accordance with
Article 8 of Directive 2000/60/EC. They shall take measures
aimed at ensuring, subject to Article 4 of Directive 2000/60/EC,
that such concentrations do not significantly increase in sedi-
ment and/or relevant biota.

(b) proportionate, having regard to the concentrations of
pollutants at the point of discharge and to the conditions on
emissions of pollutants contained in the prior regulations,
such as authorisations and/or permits,
referred to in
Article 11(3)(g) of Directive 2000/60/EC and any other rele-
vant Community law, in accordance with the application of
best available techniques and Article 10 of Directive
2000/60/EC, in particular after those prior regulations are
reviewed.

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Article 5

(a)

the exceedance was due to a source of pollution outside its
national jurisdiction;

Inventory of emissions, discharges and losses

1.
Using the information collected in accordance with Arti-
cles 5 and 8 of Directive 2000/60/EC and under Regulation
(EC) No 166/2006, Member States shall establish an inventory
of emissions, discharges and losses of all priority substances and
pollutants listed in Part A of Annex I to this Directive for each
river basin district or part of a river basin district lying within
their territory.

2.
The reference period for the estimation of pollutant values
to be entered in the inventories referred to in paragraph 1 shall
be one year between 2008 and 2010.

However, for priority substances or pollutants covered by Direc-
tive 91/414/EEC, the entries may be calculated as the average of
the years 2008, 2009 and 2010.

3. Member States shall communicate the inventories estab-
including the
lished pursuant to paragraph 1 of this Article,
respective reference periods, to the Commission in accordance
with the reporting requirements under Article 15(1) of Directive
2000/60/EC.

4. Member States shall update their inventories as part of the
reviews of the analyses specified in Article 5(2) of Directive
2000/60/EC.

The reference period for the establishment of values in the
updated inventories shall be the year before that analysis is to
be completed. For priority substances or pollutants covered by
the entries may be calculated as the
Directive 91/414/EEC,
that
average of
analysis.

the three years before the completion of

Member States shall publish the updated inventories in their
updated river basin management plans as
laid down in
Article 13(7) of Directive 2000/60/EC.

The Commission shall, by 2025, verify that emissions,
5.
discharges and losses as reflected in the inventory are making
progress towards compliance with the reduction or cessation
objectives
laid down in Article 4(1)(a)(iv) of Directive
2000/60/EC, subject to Article 4(4) and (5) of that Directive.

Article 6

Transboundary pollution

(b) it was unable as a result of such transboundary pollution to
take effective measures to comply with the relevant EQS;
and

(c)

in
it had applied the coordination mechanisms set out
Article 3 of Directive 2000/60/EC and, as appropriate, taken
advantage of the provisions of Article 4(4), (5) and (6) of
that Directive for those water bodies affected by trans-
boundary pollution.

2. Member States shall use the mechanism laid down in
Article 12 of Directive 2000/60/EC to provide the Commission
with necessary information in the circumstances set out in para-
graph 1 of this Article and with a summary of the measures
taken in relation to transboundary pollution in the relevant
river basin management plan in accordance with the reporting
requirements under Article 15(1) of Directive 2000/60/EC.

Article 7

Review

On the basis of reports from Member States, including reports
in accordance with Article 12 of Directive 2000/60/EC and in
particular those on transboundary pollution, the Commission
shall review the need for additional specific Community-wide
measures, such as emission controls. It shall report its conclu-
in the
sions to the European Parliament and to the Council
context of the report prepared in accordance with Article 18(1)
of Directive 2000/60/EC, accompanied, if appropriate, by rele-
vant proposals.

Article 8

Amendment of Directive 2000/60/EC

Annex X to Directive 2000/60/EC shall be replaced by the text
set out in Annex II to this Directive.

Article 9

Amendment

of Directives

82/176/EEC,

83/513/EEC,

84/156/EEC, 84/491/EEC and 86/280/EEC

Annex

1.
84/156/EEC and 84/491/EEC respectively shall be deleted.

to Directives

82/176/EEC,

II

83/513/EEC,

1.
A Member State shall not be in breach of its obligations
under this Directive as a result of the exceedance of an EQS if it
can demonstrate that:

Headings B in Sections I to XI of Annex II to Directive

2.
86/280/EEC shall be deleted.

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Article 10

Repeal of Directives 82/176/EEC, 83/513/EEC, 84/156/EEC,
84/491/EEC and 86/280/EEC

2. Member States shall communicate to the Commission the
text of the main provisions of national law which they adopt in
the field covered by this Directive.

Article 12

Entry into force

This Directive shall enter
following that of its publication in the Official
European Union.

into force on the twentieth day
Journal of the

Article 13

Addressees

This Directive is addressed to the Member States.

Done at …

For the European Parliament

The President

For the Council

The President

Directives

1.
84/156/EEC,
84/491/EEC and 86/280/EEC shall be repealed with effect from
22 December 2012.

82/176/EEC,

83/513/EEC,

Before 22 December 2012, Member States may carry out
2.
monitoring and reporting in accordance with Articles 5, 8 and
15 of Directive 2000/60/EC instead of carrying them out in
accordance with the Directives referred to in paragraph 1 of this
Article.

Article 11

Transposition

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by … (*).

When Member States adopt those measures, they shall contain a
reference to this Directive or be accompanied by such a refer-
ence on the occasion of their official publication. Member States
shall determine how such reference is to be made.

(*) 18 months after the date of entry into force of this Directive.

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Environmental quality standards for priority substances and certain other pollutants

ANNEX I

PART A: ENVIRONMENTAL QUALITY STANDARDS (EQS)

AA: annual average

MAC: maximum allowable concentration

Unit: [µg/l]

Number

Name of substance

CAS number (1)

AA-EQS (2)
Inland surface
waters (3)

AA-EQS (2)
Other surface waters

MAC-EQS (4)
Inland surface
waters (3)

MAC-EQS (4)
Other surface waters

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

Alachlor

Anthracene

Atrazine

Benzene

15972-60-8

120-12-7

1912-24-9

71-43-2

0,3

0,1

0,6

10

0,3

0,1

0,6

8

0,7

0,4

2,0

50

0,7

0,4

2,0

50

Brominated diphenylether (5)

32534-81-9

0,0005

0,0002

Not applicable

Not applicable

Cadmium and its compounds

7440-43-9

≤ 0,08 (Class 1)

0,2

(depending on water hardness
classes) (6)

(6a)

Carbon-tetrachloride (7)

56-23-5

C10-13 Chloroalkanes

85535-84-8

Chlorfenvinphos

470-90-6

Chlorpyrifos (Chlorpyrifos-
ethyl)

2921-88-2

0,03

0,08 (Class 2)

0,09 (Class 3)

0,15 (Class 4)

0,25 (Class 5)

12

0,4

0,1

≤ 0,45 (Class 1)

0,45 (Class 2)

0,6 (Class 3)

0,9 (Class 4)

1,5 (Class 5)

12

0,4

0,1

0,03

Not applicable

Not applicable

1,4

0,3

0,1

1,4

0,3

0,1

(9a)

Cyclodiene pesticides:

Aldrin (7)

Dieldrin (7)

Endrin (7)

Isodrin (7)

309-00-2

60-57-1

72-20-8

465-73-6

Σ = 0,01

Σ = 0,005

Not applicable

Not applicable

(9b)

DDT total (8) (7)

Not applicable

0,025

para-para-DDT (7)

50-29-3

0,01

(10)

(11)

(12)

(13)

(14)

(15)

1,2-Dichloroethane

107-06-2

Dichloromethane

Di(2-ethylhexyl)-phthalate
(DEHP)

Diuron

Endosulfan

Fluoranthene

75-09-2

117-81-7

330-54-1

115-29-7

206-44-0

10

20

1,3

0,2

0,005

0,1

0,025

0,01

10

20

1,3

0,2

0,0005

0,1

Not applicable

Not applicable

Not applicable

Not applicable

Not applicable

Not applicable

Not applicable

Not applicable

Not applicable

Not applicable

1,8

0,01

1

1,8

0,004

1

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Number

Name of substance

CAS number (1)

AA-EQS (2)
Inland surface
waters (3)

AA-EQS (2)
Other surface waters

MAC-EQS (4)
Inland surface
waters (3)

MAC-EQS (4)
Other surface waters

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(16)

Hexachloro-benzene

118-74-1

0,01 (9)

0,01 (9)

(17)

Hexachloro-butadiene

87-68-3

0,1 (9)

(18)

Hexachloro-cyclohexane

608-73-1

0,02

(19)

Isoproturon

34123-59-6

(20)

Lead and its compounds

7439-92-1

0,3

7,2

0,1 (9)

0,002

0,3

7,2

0,05

0,6

0,04

1,0

0,05

0,6

0,02

1,0

Not applicable

Not applicable

(21)

Mercury and its compounds

7439-97-6

0,05 (9)

0,05 (9)

0,07

0,07

(22)

Naphthalene

91-20-3

(23)

Nickel and its compounds

7440-02-0

(24)

Nonylphenol

104-40-5

(4-Nonylphenol)

2,4

20

0,3

1,2

20

0,3

Not applicable

Not applicable

Not applicable

Not applicable

2,0

2,0

(25)

Octylphenol

140-66-9

0,1

0,01

Not applicable

Not applicable

(4-(1,1',3,3'-tetramethylbutyl)-
phenol)

(26)

Pentachloro-benzene

608-93-5

0,007

0,0007

Not applicable

Not applicable

(27)

Pentachloro-phenol

87-86-5

0,4

0,4

1

1

(28)

Polyaromatic hydrocarbons
(PAH) (10)

Not applicable

Not applicable

Not applicable

Not applicable

Not applicable

Benzo(a)pyrene

50-32-8

0,05

0,05

0,1

0,1

Benzo(b)fluor-anthene

205-99-2

Σ = 0,03

Σ = 0,03

Not applicable

Not applicable

Benzo(k)fluor-anthene

207-08-9

Benzo(g,h,i)-perylene

191-24-2

Σ = 0,002

Σ = 0,002

Not applicable

Not applicable

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

193-39-5

(29)

Simazine

122-34-9

(29a)

Tetrachloro-ethylene (7)

127-18-4

(29b)

Trichloro-ethylene (7)

79-01-6

1

10

10

1

10

10

4

4

Not applicable

Not applicable

Not applicable

Not applicable

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Number

Name of substance

CAS number (1)

AA-EQS (2)
Inland surface
waters (3)

AA-EQS (2)
Other surface waters

MAC-EQS (4)
Inland surface
waters (3)

MAC-EQS (4)
Other surface waters

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(30)

(31)

(32)

(33)

(1)
(2)
(3)
(4)

(5)

(6)

(7)

Tributyltin compounds
(Tributhyltin-cation)

36643-28-4

0,0002

0,0002

0,0015

0,0015

Trichloro-benzenes

12002-48-1

Trichloro-methane

Trifluralin

67-66-3

1582-09-8

0,4

2,5

0,03

0,4

2,5

0,03

Not applicable

Not applicable

Not applicable

Not applicable

Not applicable

Not applicable

CAS: Chemical Abstracts Service.
This parameter is the EQS expressed as an annual average value (AA-EQS). Unless otherwise specified, it applies to the total concentration of all isomers.
Inland surface waters encompass rivers and lakes and related artificial or heavily modified water bodies.
This parameter is the Environmental Quality Standard expressed as a maximum allowable concentration (MAC-EQS). Where the MAC-EQS are marked as ‘not applicable’,
the AA-EQS values are considered protective against short-term pollution peaks in continuous discharges since they are significantly lower than the values derived on
the basis of acute toxicity.
For the group of priority substances covered by brominated diphenylethers (No 5) listed in Decision No 2455/2001/EC, an EQS is established only for congener
numbers 28, 47, 99, 100, 153 and 154.
For Cadmium and its compounds (No 6) the EQS values vary dependent upon the hardness of the water as specified in five class categories (Class 1: < 40 mg CaCO 3/l,
Class 2: 40 to < 50 mg CaCO3/l, Class 3: 50 to < 100 mg CaCO3/l, Class 4: 100 to < 200 mg CaCO3/l and Class 5: ≥ 200 mg CaCO3/l).
This substance is not a priority substance but one of the other pollutants for which the EQS are identical to those laid down in the legislation that applied prior to the
entry into force of this Directive.

(9)

(8) DDT total comprises the sum of the isomers 1,1,1-trichloro-2,2 bis (p-chlorophenyl) ethane (CAS number 50-29-3; EU number 200-024-3); 1,1,1-trichloro-2 (o-chloro-
phenyl)-2-(p-chlorophenyl) ethane (CAS number 789-02-6; EU Number 212-332-5); 1,1-dichloro-2, 2 bis (p-chlorophenyl) ethylene (CAS number 72-55-9; EU Number
200-784-6); and 1,1-dichloro-2,2 bis (p-chlorophenyl) ethane (CAS number 72-54-8; EU Number 200-783-0).
If Member States do not apply EQS for biota they shall introduce stricter EQS for water in order to achieve the same level of protection as the EQS for biota set out in
Article 3(2). They shall notify the Commission and other Member States, through the Committee referred to in Article 21 of Directive 2000/60/EC, of the reasons and
basis for using this approach, the alternative EQS for water established, including the data and the methodology by which they were derived, and the categories of
surface water to which they would apply.
For the group of priority substances of polyaromatic hydrocarbons (PAH) (No 28), each individual EQS is applicable, i.e. the EQS for Benzo(a)pyrene, the EQS for the
sum of Benzo(b)fluoranthene and Benzo(k)fluoranthene and the EQS for the sum of Benzo(g,h,i)perylene and Indeno(1,2,3-cd)pyrene must be met.

(10)

PART B: APPLICATION OF THE EQS SET OUT IN PART A

1. Columns 4 and 5 of the table: For any given surface water body, applying the AA-EQS means that, for each representa-
tive monitoring point within the water body, the arithmetic mean of the concentrations measured at different times
during the year does not exceed the standard.

The calculation of the arithmetic mean and the analytical method used must be in accordance with Commission Deci-
sion …/… of … adopting technical specifications for chemical monitoring and quality of analytical results in accord-
ance with Directive 2000/60/EC of the European Parliament and of the Council (1), including how to apply an EQS
where there is no appropriate analytical method meeting the minimum performance criteria.

2. Columns 6 and 7 of the table: For any given surface water body, applying the MAC-EQS means that the measured

concentration at any representative monitoring point within the water body does not exceed the standard.

However, in accordance with Section 1.3.4 of Annex V to Directive 2000/60/EC, Member States may introduce statis-
tical methods, such as a percentile calculation, to ensure an acceptable level of confidence and precision for deter-
mining compliance with the MAC-EQS. If they do so, such statistical methods shall comply with detailed rules laid
down in accordance with the procedure referred to in Article 21(2) of Directive 2000/60/EC.

3. With the exception of cadmium, lead, mercury and nickel (hereinafter ‘metals’) the EQS set up in this Annex are
expressed as total concentrations in the whole water sample. In the case of metals the EQS refers to the dissolved
concentration, i.e. the dissolved phase of a water sample obtained by filtration through a 0,45 µm filter or any equiva-
lent pre-treatment.

Member States may, when assessing the monitoring results against the EQS, take into account:

(a) natural background concentrations for metals and their compounds, if they prevent compliance with the EQS

value; and

(b) hardness, pH or other water quality parameters that affect the bioavailability of metals.

(1) OJ L …

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Annex X to Directive 2000/60/EC is replaced by the following:

ANNEX II

‘ANNEX X

List of priority substances in the field of water policy

Number

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)

15972-60-8

240-110-8

Alachlor

120-12-7

204-371-1

Anthracene

X

1912-24-9

217-617-8

Atrazine

71-43-2

200-753-7

Benzene

Not applicable

Not applicable

Brominated diphenylether (**)

X (***)

32534-81-9

Not applicable

Pentabromodiphenylether (congener num-
bers 28, 47, 99, 100, 153 and 154) (*)

7440-43-9

231-152-8

Cadmium and its compounds

85535-84-8

287-476-5

Chloroalkanes, C10-13 (**)

470-90-6

207-432-0

Chlorfenvinphos

2921-88-2

220-864-4

Chlorpyrifos
(Chlorpyrifos-ethyl)

107-06-2

203-458-1

1,2-dichloroethane

75-09-2

200-838-9

Dichloromethane

117-81-7

204-211-0

Di(2-ethylhexyl)phthalate (DEHP)

330-54-1

206-354-4

Diuron

115-29-7

204-079-4

Endosulfan

206-44-0

205-912-4

Fluoranthene (****)

118-74-1

204-273-9

Hexachlorobenzene

87-68-3

201-765-5

Hexachlorobutadiene

608-73-1

210-158-9

Hexachlorocyclohexane

34123-59-6

251-835-4

Isoproturon

7439-92-1

231-100-4

Lead and its compounds

7439-97-6

231-106-7

Mercury and its compounds

91-20-3

202-049-5

Naphthalene

7440-02-0

231-111-14

Nickel and its compounds

X

X

X

X

X

X

X

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Number

CAS number (1)

EU number (2)

Name of priority substance (*)

Identified as
priority hazardous
substance

(24)

25154-52-3

246-672-0

Nonylphenol

104-40-5

203-199-4

(4-nonylphenol) (*)

(25)

1806-26-4

217-302-5

Octylphenol

140-66-9

608-93-5

87-86-5

Not applicable

(4-(1,1',3,3'-tetramethylbutyl)-phenol) (*)

210-172-5

Pentachlorobenzene

231-152-8

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

200-028-5

(Benzo(a)pyrene)

205-911-9

(Benzo(b)fluoranthene)

205-883-8

(Benzo(g,h,i)perylene)

205-916-6

(Benzo(k)fluoranthene)

205-893-2

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

204-535-2

Simazine

Not applicable

Not applicable

Tributyltin compounds

36643-28-4

Not applicable

Tributyltin-cation

12002-48-1

234-413-4

Trichlorobenzenes

67-66-3

200-663-8

Trichloromethane (chloroform)

1582-09-8

216-428-8

Trifluralin

(26)

(27)

(28)

(29)

(30)

(31)

(32)

(33)

(1)
(2)

X

X

X

X

X

X

X

X

X

X

X

CAS: Chemical Abstracts Service.
EU-number: European Inventory of Existing Commercial Substances (EINECS) or European List of Notified Chemical Substances
(ELINCS).

(*) Where groups of substances have been selected, typical individual representatives are listed as indicative parameters (in brackets and

(**)

without number). For these groups of substances, the indicative parameter must be defined through the analytical method.
These groups of substances normally include a considerable number of individual compounds. At present, appropriate indicative
parameters cannot be given.

(***) Only Pentabromobiphenylether (CAS-number 32534-81-9).
(****) Fluoranthene is on the list as an indicator of other, more dangerous polyaromatic hydrocarbons.’

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STATEMENT OF THE COUNCIL'S REASONS

I.

INTRODUCTION

The Commission adopted its proposal for a Directive on environmental quality standards in the field of
water policy and amending Directive 2000/60/EC in July 2006.

The European Parliament adopted its first-reading opinion in May 2007.

The Economic and Social Committee adopted its opinion in April 2007 (1). The Committee of the
Regions has not provided an opinion.

The Council adopted its common position on 20 December 2007.

II. OBJECTIVE

The proposed Directive would establish environmental quality standards (EQS) for priority substances
and certain other pollutants, as provided for in Article 16 of Directive 2000/60/EC (the ‘water frame-
work directive’).

III. ANALYSIS OF THE COMMON POSITION

1. General

The common position incorporates several of the European Parliament's first-reading amendments,
either verbatim, in part or in spirit. It does not reflect the majority of the amendments, however,
because the Council agrees with the Commission that they are unnecessary and/or undesirable.

The common position also includes a number of changes other than those envisaged in the European
Parliament's first-reading opinion. The following sections describe the changes of substance. In addi-
tion, there are drafting changes to clarify the text or to ensure the overall coherence of the Directive.

2. Subject matter and definitions (Articles 1 and 2)

Article 1 is partly consistent with amendment 20, in that it clarifies that the Directive lays down EQS
with the aim of achieving good chemical status in accordance with the provisions and objectives of
the water framework directive. The common position includes a new Article 2 to clarify that the defi-
nitions of the water framework directive are applicable.

3. Environmental quality standards (Article 3 and Annex I)

Article 3 is partly consistent with amendments 21 and 66 in that its paragraph 1 clarifies the links
with the water framework directive. The Article is also partly consistent with amendment 26, since
the new paragraph 2 would give Member States the option of performing monitoring in biota or
sediment on certain conditions.

Article 3(3) clarifies that, in addition to applying the EQS, Member States should carry out long term
trend analysis of those priority substances that tend to accumulate in sediment and/or biota.

Article 3(4) incorporates a reference to the REACH Regulation and is therefore fully consistent with
amendment 29.

Article 3(5) provides for the use of the regulatory procedure with scrutiny, since changes to the
detailed rules concerning the monitoring of metals would constitute an amendment to the body of
the Directive.

(1) OJ C 97, 28.4.2007, p. 3.

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Annex I, Part A, is consistent with the aim of amendments 50 and 51 to the extent that it combines
the table setting out EQS for other pollutants with that for priority substances. However, it clarifies
that combining the tables does not re-classify the other pollutants as priority substances, which
would overturn the classifications that the European Parliament and the Council agreed through Deci-
sion No 2455/2001/EC.

Annex I, Part B, is partly consistent with the aim of amendment 30 and broadly consistent with the
aim of amendment 52, in that it widens the scope for taking account of background concentrations
of metals and these rules could be amended through comitology. It includes clarification on the
applicable analytical and statistical methods.

4. Mixing zones (Article 4)

Article 4 is partly consistent with the aim of amendments 35 and 36, in that it clarifies that the
extent of mixing zones must be proportionate and regularly reviewed. The common position uses
the shorter and clearer term ‘mixing zones’ rather than ‘transitional areas of exceedance’.

The common position makes no provision for the use of comitology. The Commission will instead
issue guidelines for the implementation of the Article.

5. Inventory of emissions, discharges and losses (Article 5)

Article 5 incorporates amendment 40 in part. The Council cannot accept the other amendments
concerning the inventory, considering that
they would create undue additional administrative
burdens for Member States, would be inconsistent with the water framework directive, or are unne-
cessary.

Again, the common position makes no provision for the use of comitology. The Commission will
instead issue guidelines for the implementation of the Article.

6. Transboundary pollution (Article 6)

The common position includes a new Article to clarify Member States' obligations with regard to
transboundary pollution. It is partly consistent with amendments 24 and 47.

7. Review (Article 7)

The new Article 7 requires the Commission to review the need for additional specific Community-
wide measures. This is consistent in part or in principle with amendments 20, 32, 33 and 45.

8. Annex II — Amendments to Annex X to the water framework directive

The Council cannot accept amendments 53 to 63 and 70, which would classify several priority
substances and the other pollutants as priority hazardous substances. Nor can it accept amend-
ment 65, which would add to the water framework directive a list of substances subject to review for
identification as possible priority substances or priority hazardous substances. Article 16 of the water
framework directive already provides for a regular review of Annex X. The Council agrees with the
Commission that this review should be based on scientific considerations alone.

A review of the list of priority substances, including the scope for inclusion of additional substances
and the criteria for prioritisation, is currently being undertaken under the common implementation
strategy for the water framework directive, with a view to the Commission making proposals for the
amendment of
the list as appropriate in accordance with the review timetable laid down in
Article 16(4) of the water framework directive.

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9. Other

In addition, the common position:

— incorporates text on correlation tables consistent with paragraph 34 of the Interinstitutional

agreement on better law making,

— includes consequential changes to the recitals and incorporates amendments 1, 4, 7 (in part), 14

(in principle) and 73 (in part).

IV. CONCLUSION

The Council believes that the common position represents a balanced package that would respect the
provisions and objectives of the water framework directive. It looks forward to constructive discussions
with the European Parliament with a view to the early adoption of the Directive.