Directive 2008/105/EC of the European Parliament and of the Council of 16 December 2008 on environmental quality standards in the field of water policy, amending and subsequently repealing Council Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive 2000/60/EC of the European Parliament and of the Council
Date: 2008-12-16
Institutions: Council of the European Union, European Parliament
Subjects: chemical product, environmental standard, pollution control, quality of the environment, surface water, water pollution, water protection

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DIRECTIVES

DIRECTIVE 2008/105/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 16 December 2008

on environmental quality standards in the field of water policy, amending and subsequently
repealing Council Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and
amending Directive 2000/60/EC of the European Parliament and of the Council

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

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

establishing the European

the available scientific and technical data,
account of
environmental conditions in the various regions of the
Community, the economic and social development of the
Community as a whole and the balanced development of
its regions as well as the potential benefits and costs of
action or lack of action.

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 a threat 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.

As set out in second sentence of Article 174(2) of the
Treaty, Community policy on the environment is to be
based on the precautionary principle and on the prin­
ciples that preventive action should be taken, that envi­
ronmental damage should, as a priority, be rectified at
source and that the polluter should pay.

(3)

Pursuant to Article 174(3) of the Treaty, in preparing its
policy on the environment, the Community is to take

(1) OJ C 97, 28.4.2007, p. 3.
(2) Opinion of the European Parliament of 22 May 2007 (OJ C 102 E,
24.4.2008, p. 90), Council Common Position of 20 December 2007
(OJ C 71 E, 18.3.2008, p. 1) and Position of
the European
Parliament of 17 June 2008 (not yet published in the Official
Journal). Council Decision of 20 October 2008.

(4)

(5)

(6)

(7)

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
that
are among the key environmental priorities of
the need to
Programme, highlighting in particular
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
framework 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
provisions 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(a), Member States should
implement the necessary measures in accordance with
Article 16(1) and (8) of that Directive, with the aim of
progressively reducing pollution from priority substances
and ceasing or phasing out emissions, discharges and
losses of priority hazardous substances.

Numerous Community acts have been adopted since the
year 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
existing
instruments rather than establishing new controls.

given to implementing

revising

and

(3) OJ L 242, 10.9.2002, p. 1.
(4) OJ L 327, 22.12.2000, p. 1.

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

in the programme of measures

legislation,
to Article

appropriate

10

application of relevant Community rules. None the less,
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
is
for
those pollutants proved to be useful and it
therefore appropriate to maintain their
regulation at
Community level.

(8)

(9)

long-term trend analysis of

Member States should improve the knowledge and data
available on sources of priority substances and ways in
which pollution occurs in order to identify targeted and
effective control options. Member States should, inter alia,
sediment and biota, as appropriate, at an
monitor
adequate frequency to provide sufficient data for a
reliable
those priority
substances that tend to accumulate in sediment and/or
biota. The results of the monitoring,
including moni­
toring of sediment and biota, should, as far as required
the
by Article 3 of Decision No 2455/2001/EC of
European
of
Council
and
20 November 2001 establishing the list of priority
substances in the field of water policy (1), be made
available
to inform future Commission
proposals under Article 16(4) and (8) of Directive
2000/60/EC.

Parliament

in order

the

of

and

substances

substances

(10) Decision No 2455/2001/EC sets out the first list of 33
that have been
substances or groups of
prioritised for action at Community level. Among those
priority substances, certain substances have been iden­
tified as priority hazardous
for which
Member States should implement necessary measures
with the aim of ceasing or phasing out emissions,
discharges
occurring
naturally or through natural processes, the cessation or
phasing-out of emissions, discharges and losses from all
potential sources is impossible. Some substances have
classified. The
review and should be
been under
Commission should continue to review the list of
priority substances, prioritising substances for action on
the basis of agreed criteria that demonstrate the risk to,
or via, the aquatic environment, in accordance with the
timetable provided for
in Article 16 of Directive
2000/60/EC, and bring forward proposals as appropriate.

substances

losses.

For

(11)

the Community and for a more
In the interests of
effective regulation of surface water protection,
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
to the
remaining pollutants at national

level, subject

it

(1) OJ L 331, 15.12.2001, p. 1.

(12)

(13)

(14)

Council

electrolysis

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

sectors other

chlor-alkali

than the

The aquatic environment can be affected by chemical
pollution both in the short- and 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
established to
concentrations
protect against short-term exposure.

should be

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 calcu­
lation, to deal with outliers, that is extreme deviations
from the mean, and false readings in order to ensure an
acceptable level of confidence and precision. To ensure
the comparability of monitoring between Member States,
it
is appropriate to provide for the establishment of
detailed rules for such statistical methods through a
committee procedure.

(2) OJ L 181, 4.7.1986, p. 16.
(3) OJ L 81, 27.3.1982, p. 29.
(4) OJ L 291, 24.10.1983, p. 1.
(5) OJ L 74, 17.3.1984, p. 49.
(6) OJ L 274, 17.10.1984, p. 11.

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(15)

(16)

(17)

For the majority of substances the establishment of EQS
values at Community level should, at
this stage, be
limited to surface water only. However, as regards hexa­
chlorobenzene, hexachlorobutadiene and mercury,
it is
not possible to ensure protection against indirect effects
and secondary poisoning at Community level by EQS for
surface water alone.
therefore appropriate to
is
establish EQS for biota at Community level for those
three substances. In order to allow Member States flex­
ibility depending on their monitoring strategy, Member
States 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.

It

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 im­
plementation
2000/60/EC. Moreover,
sediment and biota remain important matrices for the
monitoring of certain substances with significant accu­
mulation potential.
long-term
In order
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.

of Directive

to assess

In accordance with Article 13 of, and Annex VII(A)(5) to,
Directive 2000/60/EC, any exemptions to the application
the EQS for priority substances applied to water
of
bodies in accordance with Article 4(4),
(5) and (6) of
that Directive, taking into account Article 4(8) and (9)
thereof,
basin
reported
management plans. Provided that the requirements of
Article 4 of Directive 2000/60/EC including conditions
for exemptions are met, activities, including dredging and
shipping, leading to discharges, emissions and losses of
priority substances can take place.

in the

should

river

be

(19)

(20)

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 should be proportionate. In
accordance with Article 3(4) of Directive 2000/60/EC,
Member States should ensure, as appropriate, that the
requirements for the achievement of the environmental
objectives set out in Article 4 of that Directive are coor­
dinated for the whole of the river basin district, including
the designation of mixing zones in transboundary water
bodies.

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
parent,
in particular as regards the consideration of
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
inventory. It should also be possible to assess the appli­
cation of Article 4(4) to (7) of Directive 2000/60/EC. An
appropriate tool is likewise needed for the quantification
of losses of substances occurring naturally, or resulting
from natural processes, in which case complete cessation
or phase-out from all potential sources is impossible. In
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.

(21)

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 estab­
lishment of a European Pollutant Release and Transfer
Register (2).

(18) 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
in accordance with Article 7 of Directive
water
2000/60/EC. This Directive should therefore be im­
plemented without prejudice
requirements
which may require more stringent standards.

to those

(22)

In order to ensure consistent protection of surface water,
Member States sharing bodies of surface water should
coordinate their monitoring activities and, as appropriate,
the compilation of inventories.

(1) OJ L 330, 5.12.1998, p. 32.

(2) OJ L 33, 4.2.2006, p. 1.

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(23)

their needs, Member States
In order better to reflect
should be able to choose an appropriate one-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 considerably from one year to another because of
different application rates,
for instance as a result of
different climatic conditions. Therefore, Member States
should be able to opt for a three-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 (1).

(24)

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

set out
subject

(25)

Technical guidelines should be developed to contribute to
the harmonisation of methodologies used by Member
States to establish the inventories of emissions, discharges
and losses, including losses from pollution accumulated
in sediments.

(26)

Several Member States are affected by pollution the
jurisdiction.
source of which lies outside their national
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 exceeding 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.

(27) On the basis of

if

reports

additional

and the need for

from Member States,

in
accordance with Article 15 of Directive 2000/60/EC,
the Commission should review the need to amend
existing acts
specific
Community-wide measures, such as emission controls,
relevant proposals. The
and,
appropriate, make
this
the conclusions of
Commission should report
review to the European Parliament and to the Council
the report under Article 18(1) of
in the context of
Directive 2000/60/EC.
for
In making any proposals
emission control measures, having regard to Article 10
of Directive 2000/60/EC, the Commission should take
requirements,
into account existing emission control
the
such as

those under Directive 2008/1/EC of

(1) OJ L 230, 19.8.1991, p. 1.

European Parliament and of the Council of 15 January
2008 concerning integrated pollution prevention and
control (2), and the latest developments on pollution
abatement technology.

in

in

as

to

support

for Risk Assessment

The criteria for identifying substances that are persistent,
bioaccumulative and toxic, as well as substances of other
equivalent concern, notably very persistent and very
bioaccumulative,
Directive
referred
2000/60/EC, are established in the Technical Guidance
Document
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 (3),
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 (4) and Regu­
lation (EC) No 1907/2006 of the European Parliament
and of the Council of 18 December 2006 concerning the
Registration, Evaluation, Authorisation and Restriction of
European
Chemicals
Chemicals Agency (5). In order to ensure consistency of
Community legislation, only those criteria should be
applied to the substances under review according to
Decision No 2455/2001/EC, and Annex X to Directive
2000/60/EC should be replaced accordingly.

establishing

(REACH)

and

a

The obligations laid down in the Directives listed in
Annex IX to Directive 2000/60/EC are already incor­
porated in Directive 2008/1/EC and in Directive
2000/60/EC and, at least, the same level of protection
is guaranteed if the EQS are maintained or reviewed. In
to ensure a consistent approach to chemical
order
pollution of surface waters and to simplify and clarify
it
the existing Community legislation in that area,
is
appropriate
Directive
repeal,
to
from 22 December 2012,
2000/60/EC, with effect
84/156/EEC,
83/513/EEC,
82/176/EEC,
Directives
84/491/EEC and 86/280/EEC.

pursuant

to

recommendations

in Directive
The
2000/60/EC,
Scientific
the
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 (6), Member States are
themselves and in the
for
encouraged to draw up,
interests 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.

(28)

(29)

(30)

(31)

(2) OJ L 24, 29.1.2008, p. 8.
(3) OJ L 227, 8.9.1993, p. 9.
(4) OJ L 123, 24.4.1998, p. 1.
(5) OJ L 396, 30.12.2006, p. 1; corrected by OJ L 136, 29.5.2007, p. 3.
(6) OJ C 321, 31.12.2003, p. 1.

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(32)

(33)

(34)

this Directive, namely that of
Since the objective of
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 can therefore, by reason of main­
taining the same level of protection of surface water
throughout
achieved at
the Community, be better
Community level, the Community may adopt measures,
in accordance with the principle of subsidiarity as set out
In accordance with the
in Article 5 of
principle of proportionality, as set out in that Article,
this Directive does not go beyond what is necessary in
order to achieve that objective.

the Treaty.

The measures necessary for the implementation of this
Directive should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down the
procedures for
implementing powers
the exercise of
conferred on the Commission (1).

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

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Subject matter

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

Article 2

Definitions

For the purposes of this Directive, the definitions laid down in
Article 2 of Directive 2000/60/EC shall apply.

Article 3

Environmental quality standards

In accordance with Article 1 of

1.
this Directive and
Article 4 of Directive 2000/60/EC, Member States shall apply

(1) OJ L 184, 17.7.1999, p. 23.

the EQS laid down in Part A of Annex I to this Directive for
bodies of surface water.

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

2. Member States may opt to apply EQS for sediment and/or
biota instead of those laid down in Part A of Annex I 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 Part A of Annex I;

(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
judgment
year, unless
justify another interval; and

technical knowledge and expert

(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
alternative EQS were derived, the categories of surface water
to which they would apply, and the frequency of moni­
that
toring planned,
frequency.

together with the justification for

The Commission shall
pursuant
Annex I
Article 18 of Directive 2000/60/EC.

include a summary of notifications
(d) above and to note 9 to Part A of
reports published in accordance with

to point
in the

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the long-term trend
3. Member States shall arrange for
analysis of concentrations of those priority substances listed
in Part A of Annex I 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 signifi­
cantly increase in sediment and/or relevant biota.

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

unless

years,

every

place

three

take

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
in
Article 16(4) of Directive 2000/60/EC.

timetable provided for

5.
Point 3 of Part B of Annex I to this Directive may be
amended in accordance with the regulatory procedure with
scrutiny referred to in Article 9(3) of this Directive.

Article 4

Mixing zones

1. Member States may designate mixing zones adjacent to
points of discharge. Concentrations of one or more substances
listed in Part A of Annex I may exceed the relevant EQS within
such mixing zones 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
in river basin management plans produced in accordance with
Article 13 of Directive 2000/60/EC a description of:

(a)

the approaches and methodologies applied to define such
zones; and

permits referred to in Directive 2008/1/EC or prior regu­
lations
referred to in Article 11(3)(g) 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;

(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 regu­
lations, such as authorisations and/or permits, referred to
in Article 11(3)(g) of Directive 2000/60/EC and any other
relevant 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.

Technical guidelines for the identification of mixing zones
4.
shall be adopted in accordance with the regulatory procedure
referred to in Article 9(2) of this Directive.

Article 5

Inventory of emissions, discharges and losses

On the basis of the information collected in accordance
1.
with Articles 5 and 8 of Directive 2000/60/EC, under Regu­
lation (EC) No 166/2006 and other available data, Member
States shall establish an inventory, including maps, if available,
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 including their concentrations in sediment and
biota, as appropriate.

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,
Directive 91/414/EEC,
average of the years 2008, 2009 and 2010.

for priority substances or pollutants covered by
the entries may be calculated as the

(b) measures taken with a view to reducing the extent of the
mixing zones in the future, such as those pursuant
to
Article 11(3)(k) of Directive 2000/60/EC or by reviewing

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

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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.

relevant river basin management plan in accordance with the
reporting
requirements under Article 15(1) 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,
average of
that
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.

5.
The Commission shall, by 2018, verify that emissions,
discharges and losses as reflected in the inventory are making
progress towards compliance with the reduction or cessation
laid down in Article 4(1)(a)(iv) of Directive
objectives
2000/60/EC, subject to Article 4(4) and (5) of that Directive.

Article 7

Reporting and review

in

On the basis of reports from Member States,

accordance with Article
in particular

including
1.
of Directive
reports
those on transboundary
2000/60/EC and
pollution,
the Commission shall review the need to amend
existing acts and the need for additional specific Community-
wide measures, such as emission controls.

12

The Commission shall report to the European Parliament
in the context of the report prepared in

2.
and to the Council
accordance with Article 18(1) of Directive 2000/60/EC, on:

(a)

the conclusions of the review referred to in paragraph 1 of
this Article;

Technical guidelines for the establishment of inventories
6.
shall be adopted in accordance with the regulatory procedure
referred to in Article 9(2) of this Directive.

(b) measures taken to reduce the extent of mixing zones
designated in accordance with Article 4(1) of this Directive;

Article 6

Transboundary pollution

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

(a)

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

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

(c)

it had applied the coordination mechanisms set out
in
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
transboundary pollution.

2. Member States shall use the mechanism laid down in
Article 12 of Directive 2000/60/EC to provide the Commission
in
with necessary information in the circumstances set out
paragraph 1 of
the
measures taken in relation to transboundary pollution in the

this Article and with a summary of

(c)

the outcome of the verification referred to in Article 5(5) of
this Directive;

(d) the situation regarding pollution originating outside the

territory of the Community.

The Commission shall,
with relevant proposals.

if appropriate, accompany the report

Article 8

Review of Annex X to Directive 2000/60/EC

Within the framework of the review of Annex X to Directive
2000/60/EC, as provided for in Article 16(4) of that Directive,
the Commission shall consider inter alia the substances set out
to this Directive for possible identification as
in Annex III
substances. The
priority substances or priority hazardous
Commission shall report
its review to the
the outcome of
European Parliament and to the Council by 13 January 2011.
if appropriate, with relevant
It shall accompany the report,
to identify new priority
proposals,
substances or priority hazardous substances or
to identify
certain priority substances as priority hazardous substances
and to set corresponding EQS for surface water, sediment or
biota, as appropriate.

in particular proposals

24.12.2008

EN

Official Journal of the European Union

L 348/91

Article 9

Committee procedure

The Commission shall be assisted by the Committee

1.
referred to in Article 21(1) of Directive 2000/60/EC.

2. Where reference is made to this paragraph, Articles 5 and
7 of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at three months.

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 13

Transposition

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 13 July 2010.

3. Where reference is made to this paragraph, Article 5a(1)
to (4) and Article 7 of Decision 1999/468/EC shall apply,
having regard to the provisions of Article 8 thereof.

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

Article 10

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 11

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 14

Entry into force

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

This Directive shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

Annex

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

to Directives

82/176/EEC,

83/513/EEC,

II

Article 15

Addressees

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

2.
86/280/EEC shall be deleted.

This Directive is addressed to the Member States.

Article 12

Done at Strasbourg, 16 December 2008.

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

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,

For the European Parliament
The President

H.-G. PÖTTERING

For the Council
The President

B. LE MAIRE

L 348/92

EN

Official Journal of the European Union

24.12.2008

(1)

No

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

ANNEX I

ENVIRONMENTAL QUALITY STANDARDS FOR PRIORITY SUBSTANCES AND CERTAIN OTHER
POLLUTANTS

PART A: ENVIRONMENTAL QUALITY STANDARDS (EQS)

AA:

annual average;

MAC: maximum allowable concentration.

Unit:

[μg/l]

(2)

(3)

(4)

(5)

(6)

(7)

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

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
(depending on water hardness classes) (6)

7440-43-9

≤ 0,08 (Class 1)
0,08 (Class 2)

0,09 (Class 3)

0,15 (Class 4)

0,25 (Class 5)

(6a)

Carbon-tetrachloride (7)

C10-13 Chloroalkanes

Chlorfenvinphos

56-23-5

85535-84-8

470-90-6

12

0,4

0,1

Chlorpyrifos (Chlorpyrifos-ethyl)

2921-88-2

0,03

0,2

≤ 0,45 (Class 1)
0,45 (Class 2)

≤ 0,45 (Class 1)
0,45 (Class 2)

0,6 (Class 3)

0,6 (Class 3)

0,9 (Class 4)

0,9 (Class 4)

1,5 (Class 5)

1,5 (Class 5)

not applicable

not applicable

1,4

0,3

0,1

1,4

0,3

0,1

12

0,4

0,1

0,03

(9a)

Cyclodiene pesticides:

Σ = 0,01

Σ = 0,005

not applicable

not applicable

Aldrin (7)

Dieldrin (7)

Endrin (7)

Isodrin (7)

309-00-2

60-57-1

72-20-8

465-73-6

(9b)

DDT total (7) (8)

not applicable

para-para-DDT (7)

(10)

1,2-Dichloroethane

(11)

Dichloromethane

(12)

Di(2-ethylhexyl)-phthalate (DEHP)

(13)

Diuron

(14)

Endosulfan

(15)

Fluoranthene

50-29-3

107-06-2

75-09-2

117-81-7

330-54-1

115-29-7

206-44-0

0,025

0,01

10

20

1,3

0,2

0,005

0,1

0,025

0,01

10

20

1,3

0,2

0,0005

0,1

(16)

Hexachloro-benzene

118-74-1

0,01 (9)

0,01 (9)

(17)

Hexachloro-butadiene

(18)

Hexachloro-cyclohexane

87-68-3

608-73-1

0,1 (9)

0,02

0,1 (9)

0,002

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

0,05

0,6

0,04

1,8

0,004

1

0,05

0,6

0,02

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Official Journal of the European Union

L 348/93

(1)

No

(2)

(3)

(4)

(5)

(6)

(7)

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

(19)

Isoproturon

(20)

Lead and its compounds

34123-59-6

7439-92-1

0,3

7,2

0,3

7,2

1,0

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

(23)

Nickel and its compounds

(24)

Nonylphenol (4-Nonylphenol)

(25)

Octylphenol ((4-(1,1′,3,3′-tetramethylbutyl)-
phenol))

(26)

Pentachloro-benzene

(27)

Pentachloro-phenol

91-20-3

7440-02-0

104-40-5

140-66-9

608-93-5

87-86-5

2,4

20

0,3

0,1

0,007

0,4

1,2

20

0,3

not applicable

not applicable

not applicable

not applicable

2,0

2,0

0,01

not applicable

not applicable

0,0007

not applicable

not applicable

0,4

1

1

(28)

Polyaromatic hydrocarbons (PAH) (10)

not applicable

not applicable

not applicable

not applicable

not applicable

Benzo(a)pyrene

Benzo(b)fluor-anthene

Benzo(k)fluor-anthene

Benzo(g,h,i)-perylene

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

(29)

Simazine

(29a)

Tetrachloro-ethylene (7)

(29b)

Trichloro-ethylene (7)

50-32-8

0,05

0,05

0,1

0,1

205-99-2

207-08-9

191-24-2

193-39-5

122-34-9

127-18-4

79-01-6

Σ = 0,03

Σ = 0,03

not applicable

not applicable

Σ = 0,002

Σ = 0,002

not applicable

not applicable

1

10

10

1

10

10

4

4

not applicable

not applicable

not applicable

not applicable

(30)

Tributyltin compounds (Tributhyltin-cation)

36643-28-4

0,0002

0,0002

0,0015

0,0015

(31)

Trichloro-benzenes

(32)

Trichloro-methane

(33)

Trifluralin

12002-48-1

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

(1) CAS: Chemical Abstracts Service.
(2)
(3)
(4)

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 EQS 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 depending on the hardness of the water as specified in five class categories (Class 1: < 40 mg CaCO3/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
13 January 2009.

(5)

(6)

(7)

(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-chlorophenyl)-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) of this Directive. 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 the alternative EQS were
derived, and the categories of surface water to which they would apply.

(9)

(10) 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.

L 348/94

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Official Journal of the European Union

24.12.2008

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
representative 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, the analytical method used and, where there is no appropriate analytical
method meeting the minimum performance criteria, the method of applying an EQS must be in accordance with
implementing acts adopting technical specifications for chemical monitoring and quality of analytical results,
in
accordance with Directive 2000/60/EC.

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
statistical methods, such as a percentile calculation, to ensure an acceptable level of confidence and precision for
determining compliance with the MAC-EQS. If they do so, such statistical methods shall comply with detailed rules
laid down in accordance with the regulatory procedure referred to in Article 9(2) of this Directive.

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
i.e. the dissolved phase of a water sample obtained by filtration through a 0,45 μm filter or any
concentration,
equivalent 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.

24.12.2008

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Official Journal of the European Union

L 348/95

ANNEX II

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

‘ANNEX X

LIST OF PRIORITY SUBSTANCES IN THE FIELD OF WATER POLICY

Number

CAS number (1)

EU number (2)

Name of priority substance (3)

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)

15972-60-8

240-110-8

Alachlor

120-12-7

204-371-1

Anthracene

1912-24-9

217-617-8

Atrazine

71-43-2

200-753-7

Benzene

not applicable

not applicable

Brominated diphenylether (4)

32534-81-9

not applicable

Pentabromodiphenylether (congener numbers
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 (4)

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

117-81-7

330-54-1

115-29-7

206-44-0

118-74-1

87-68-3

200-838-9

Dichloromethane

204-211-0

Di(2-ethylhexyl)phthalate (DEHP)

206-354-4

Diuron

204-079-4

Endosulfan

205-912-4

Fluoranthene (6)

204-273-9

Hexachlorobenzene

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

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

not applicable

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

(26)

(27)

608-93-5

210-172-5

Pentachlorobenzene

87-86-5

231-152-8

Pentachlorophenol

X

X (5)

X

X

X

X

X

X

X

X

X

X

L 348/96

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Official Journal of the European Union

24.12.2008

Number

CAS number (1)

EU number (2)

Name of priority substance (3)

(28)

not applicable

not applicable

Polyaromatic hydrocarbons

50-32-8

200-028-5

(Benzo(a)pyrene)

205-99-2

205-911-9

(Benzo(b)fluoranthene)

191-24-2

207-08-9

193-39-5

122-34-9

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

(29)

(30)

(31)

(32)

(33)

Identified as priority
hazardous
substance

X

X

X

X

X

X

X

X

(1) CAS: Chemical Abstracts Service.
(2) EU number: European Inventory of Existing Commercial Substances (Einecs) or European List of Notified Chemical Substances (Elincs).
(3) 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.

(4) These groups of substances normally include a considerable number of individual compounds. At present, appropriate indicative

parameters cannot be given.

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

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Official Journal of the European Union

L 348/97

ANNEX III

SUBSTANCES SUBJECT TO REVIEW FOR POSSIBLE IDENTIFICATION AS PRIORITY SUBSTANCES OR
PRIORITY HAZARDOUS SUBSTANCES

CAS number

1066-51-9

25057-89-0

80-05-7

115-32-2

60-00-4

57-12-5

1071-83-6

7085-19-0

81-15-2

1763-23-1

EU number

—

AMPA

246-585-8

Bentazon

Name of substance

204-082-0

200-449-4

Bisphenol-A

Dicofol

EDTA

Free cyanide

213-997-4

Glyphosate

230-386-8

Mecoprop (MCPP)

201-329-4

Musk xylene

Perfluorooctane sulphonic acid (PFOS)

124495-18-7

—

Quinoxyfen (5,7-dichloro-4-(p-fluorophenoxy)quinoline)

Dioxins

PCB