Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directives 2000/60/EC and 2008/105/EC as regards priority substances in the field of water policy
Date: 2012-01-31
Institutions: European Commission
Subjects: dangerous substance, directory, environmental impact, environmental monitoring, environmental standard, water analysis, water pollutant, water treatment

EUROPEAN COMMISSION 

Brussels, 31.1.2012  
COM(2011) 876 final 

2011/0429 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Directives 2000/60/EC and 2008/105/EC as regards priority substances in the 
field of water policy 

(Text with EEA relevance) 

{SEC(2011) 1546 final} 
{SEC(2011) 1547 final} 

 
 
 
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Grounds for and objectives of the proposal 

This Commission proposal concerns the review of the list of priority substances (PS) in the 
field of water policy, i.e. the chemicals identified among those presenting a significant risk to 
or  via  the  aquatic  environment  at  EU  level  which  are  listed  in  Annex  X  to  the  Water 
Framework  Directive  (WFD)  2000/60/EC1.  WFD  Article  16(4)  requires  the  Commission  to 
review  the  list  of  PS  at  least  every  four  years;  Article  8  of  the  Environmental  Quality 
Standards  Directive  (EQSD)  2008/105/EC2,  in  which  Directive  the  environmental  quality 
standards (EQS)3 for the PS are set, requires the Commission to report the outcome of its first 
review  to  the  European  Parliament  and  the  Council  in  2011.  As  part  of  the  review,  the 
Commission  has  to  consider  inter  alia  the  substances  in  Annex  III  to  that  Directive  for 
possible inclusion in  the list. It is  also required  to put  forward proposals, if appropriate, for 
new  PS,  to  set  EQS  for  surface  water,  sediment  or  biota4  as  appropriate,  and  to  review  the 
EQS and status of existing PS. 

• 

General context  

The WFD acknowledges the existence of considerable pressures on the aquatic environment, 
including  that  from  chemical  pollution,  and  the  need  for  sustainable  water  management.  Its 
environmental objectives include the achievement of good chemical and ecological status for 
surface  and  groundwater  bodies,  and  the  prevention  of  deterioration.  The  Directive  is 
implemented  at  the  level  of  river  basin  districts  (RBDs).  Member  States  were  required  to 
adopt by 2009 a River Basin Management Plan (RBMP) based inter alia on a pressures and 
impact analysis and the results of monitoring, and a programme of measures for each district.  

To  meet  good  chemical  status,  water  bodies  must  meet  the  EQS  set  for  the  PS  and  other  8 
pollutants  that  were  already  regulated  at  EU  level.  The  current  33  PS  include  a  range  of 
industrial  chemicals,  plant  protection  products  and  metals/metal  compounds.  Some  PS  are 
identified  as  Priority  Hazardous  Substances 
their  persistence, 
bioaccumulation  and/or  toxicity  or  equivalent  level  of  concern,  criteria  consistent  with  the 
criteria for Substances of Very High Concern (SVHCs) under REACH5. Member States are 

(PHS)  because  of 

1 

2 

3 

4 

5 

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 (OJ L 327, 22.12.2000, p. 1). http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:02000L0060-20090113:EN:NOT 
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  (OJ  L  348,  24.12.2008,  p.  84). 
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32008L0105:EN:NOT 
An  EQS  is  defined  as  ‘the  concentration  of  a  particular  pollutant  or  group  of  pollutants  in  water, 
sediment or biota which should not be exceeded in order to protect human health and the environment’ 
(WFD Article 2(35)) 
Biota  refers  to  any  groups of  living aquatic  organisms  that  can  be  analysed  and  used  as  indicators of 
pollution such as fish, mussels, invertebrates, etc. 
Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 
concerning  the  Registration,  Evaluation,  Authorisation  and  Restriction  of  Chemicals  (REACH), 

EN 

2 

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required to monitor the PS in surface water bodies, and to report exceedances of the EQS. The 
WFD requires the adoption of measures to control the discharges, emissions and losses of PS 
and  PHS  to  the  aquatic  environment  –  progressive reduction  in the  case of PS, cessation or 
phasing out in the case of PHS.  

The objective of good ecological status requires that for chemicals identified as substances of 
concern at local/river-basin/national level but not as PS at EU level, standards have to be set 
at national level. These chemicals are known as river basin specific pollutants. 

Technical  work  on  the  review  of  the  PS  list  began  in  2007  with  a  prioritisation  exercise  to 
identify possible new PS, and this was followed by the processes of setting EQS for them and 
reviewing  the  EQS  for  and  status  of  the  existing  PS.  The  proposed  new  substances  and 
changes  to  existing  substances  are  expected  to  be  taken  into  account  in  the  2015  updated 
RBMPs and programmes of measures. 

In  the  course  of  reviewing  the  PS  list,  improvements  in  the  functioning  of  the  EQSD  were 
identified, as well as a mechanism for improving the identification of additional PS in future 
reviews.  

• 

– 

– 

– 

• 

Existing provisions in this area 

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  

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  

Commission  Directive  2009/90/EC  of  31  July  2009  laying  down,  pursuant  to 
Directive  2000/60/EC  of  the  European  Parliament  and  of  the  Council,  technical 
specifications for chemical analysis and monitoring of water status  

Consistency with other policies 

The 6th Environmental Action Programme identifies the measures for priority substances as a 
key action (see Article 7(2)(e)  of Decision 1600/2002/EC6). The proposal is consistent with 
related policies and key legislation such as: 

– 

Chemicals policy: Regulation (EC) No 1907/2006 of the European Parliament and of 
the  Council  of  18  December  2006  concerning  the  Registration,  Evaluation, 

establishing  a  European  Chemicals  Agency,  amending  Directive  1999/45/EC  and  repealing  Council 
Regulation  (EEC)  No  793/93  and  Commission  Regulation  (EC)  No  1488/94  as  well  as  Council 
Directive  76/769/EEC  and  Commission  Directives  91/155/EEC,  93/67/EEC,  93/105/EC  and 
2000/21/EC 
http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32006R1907:EN:NOT  
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  (OJ  L  242,  10.9.2002,  p.  1).  http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2002:242:0001:0015:EN:PDF  

30.12.2006, 

396, 

(OJ 

1). 

p. 

L 

3 

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6 

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– 

– 

– 

– 

– 

– 

– 

Authorisation  and  Restriction  of  Chemicals  (REACH),  establishing  a  European 
Chemicals Agency  

Plant  Protection  Products  policy:  Regulation  (EC)  No  1107/2009  of  the  European 
Parliament  and  of  the  Council  of  21  October  2009  concerning  the  placing  of  plant 
protection products on the market and repealing Council Directives 79/117/EEC and 
91/414/EEC,  and  Directive  2009/128/EC  of  the  European  Parliament  and  of  the 
Council  of  21  October  2009  establishing  a  framework  for  Community  action  to 
achieve the sustainable use of pesticides  

Biocides policy: 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 

Pharmaceuticals policy: Directive 2001/82/EC of the European Parliament and of the 
Council  of  6  November  2001  on  the  Community  code  relating  to  veterinary 
medicinal products, and Directive 2001/83/EC of the European Parliament and of the 
Council of 6 November 2001 on the Community code relating to medicinal products 
for human use 

Industrial emissions policy: Directive 2008/1/EC of the European Parliament and of 
the  Council  of  15  January  2008  concerning  integrated  pollution  prevention  and 
control and Directive 2010/75/EU of the European Parliament and of the Council of 
24 November 2010 on industrial emissions  

Waste policy: Directive 2008/98/EC of the European Parliament and of the Council 
of 19 November 2008 on Waste; Directive 2011/65/EU of the European Parliament 
and of the Council of 8 June 2011 on the restriction of the use of certain hazardous 
substances  in  electrical  and  electronic  equipment  (recast);  Directive  2002/96/EC  of 
the European Parliament and of the Council of 27 January 2003 on waste electrical 
and electronic equipment (WEEE)  

Persistent  Organic  Pollutants  (POPs)  policy:  Regulation  (EC)  No  850/2004  of  the 
European  Parliament  and  of  the  Council  of  29  April  2004  on  persistent  organic 
pollutants 

Policy  for  the  protection  of  the  marine  environment:  Directive  2008/56/EC  of  the 
European Parliament and of the Council of 17 June 2008 establishing a framework 
for community action in the field of marine environmental policy (Marine Strategy 
Framework Directive)  

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 

2. 
IMPACT ASSESSMENTS 

• 

Consultations and use of expertise 

The technical work for the review, i.e. principally the prioritisation and EQS setting, was led 
by DG ENV and the JRC and carried out by a range of experts in the period 2008-2010. These 
included  members  of  the  Chemical  Aspects  Working  Group  E  under  the  WFD  Common 
Implementation Strategy (CIS)7, in particular two sub-groups of WG E, and the consultancy 

7 

http://ec.europa.eu/environment/water/water-framework/objectives/implementation_en.htm  

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INERIS (with input from the International Office for Water, IOW). The membership of WG E 
and  the  two  sub-groups  consists  of  Commission  DGs  (ENV,  ENTR  and  SANCO),  Member 
States  and  stakeholder  organisations  including  a  range  of  European  industry  associations 
(AESGP,  AISE,  Business  Europe,  CEFIC,  CEPI,  CONCAWE,  COPA-COGECA,  ECPA, 
EFPIA,  EUCETSA,  EUDA,  EUREAU,  EURELECTRIC,  EUROFER,  EUROMETAUX, 
EUROMINES),  NGOs  (EEB,  Greenpeace,  WWF)  and  intergovernmental  organisations 
(OSPAR).  

WG E contributed significantly to the review by supporting the collection of data (including 
monitoring  and  hazard  data),  the  prioritisation  process  for  identifying  new  substances,  the 
update  of  the  Technical  Guidance  Document  on  EQS  setting,  and  the  derivation  of  EQS.  It 
also supported the review of the existing priority substances and EQS. The two sub-groups of 
WG E that carried out much of the work were the Expert Group on the Technical Guidance 
Document  EQS  (EG-EQS),  and  the  Sub-Group  on  Review  of  Priority  Substances  (SG-R), 
both co-chaired by experts from the JRC and the UK. The WG E industry stakeholder groups 
involved their most relevant member companies, generally represented by technical experts, 
in  the  sub-group  discussions,  particularly  as  the  selection  procedure  reached  its  final  stages 
and EQS were developed. 

The  draft  EQS  were  submitted  to  the  Scientific  Committee  on  Health  and  Environmental 
Risks (SCHER)8 for its opinion.  

In its opinion on the EQS dossier for Nickel, the SCHER noted that in-depth analysis, 
including independent statistical analysis, of some higher-tier data, could influence the final 
EQS. Although this has since been attempted, difference of opinion among the experts means 
that, in the draft proposal, the AA-EQS (inland waters) for Nickel has been set at 4 rather than 
2 μg/l, pending the outcome of further consultation with the SCHER regarding the 
conclusions of the analysis. 

• 

Impact assessment 

As the technical work was in its final stages in 2010, work on the impact assessment began 
with  the  commencement  of  a  study  by  the  consultancy  Entec9.  The  consultant  drafted 
individual  substance  impacts  reports  taking  into  account  the  conclusions  of  the  technical 
work10, and these were drawn upon for a large part of the accompanying Impact Assessment 
Report.  

An  Impact  Assessment  Steering  Group  supported  the  preparation  of  the  impact  assessment, 
with  the  participation  of  the  following  Commission  services:  the  Secretariat-General  (SG), 
AGRI, ENTR, JRC, MARE, REGIO, RTD, and SANCO.  

For the development of the impact assessment report, consultations were undertaken with WG 
E and with additional stakeholders not represented in that WG.  

8 

9 
10 

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up 

made 

The SCHER is one of the Scientific Committees providing the Commission with independent advice. It 
is 
at 
http://ec.europa.eu/health/scientific_committees/environmental_risks/index_en.htm  
Contract No 070307/2009/547548/SER/D1 
For  the  existing  substances  under  review,  some  of  the  supporting  information  for  the  study  was 
prepared by a second consultancy, WRc (with input from Milieu). 

information 

scientists. 

More 

17 

of 

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The Impact Assessment Board discussed the Impact Assessment report at its meeting on 22 
June  2011.  The  comments  made  were  addressed  in  the  accompanying  Impact  Assessment 
report. 

3. 

• 

LEGAL ELEMENTS OF THE PROPOSAL 

Legal basis 

The legal basis of the proposal is Article 192(1) of the Treaty. 

• 

Subsidiarity and proportionality principles 

Water pollution has a very important transboundary character. 60% of the EU territory lies in 
shared  river  basins.  Because  of  this,  and  because  many  substances  that  cause  pollution  are 
used  across  the  EU,  it  is  appropriate  to  set  harmonised  EQS  for  them  at  EU  level  where  a 
significant  risk  to  or  via  the  aquatic  environment  is  identified.  Apart  from  the  wider 
protection, a more level playing field is ensured than when only a few Member States set an 
EQS or the national EQS are very different. 

This proposal is limited to the identification of priority substances and to establishing EQS at 
EU level. No additional EU measures are proposed, beyond those already available. Specific 
and additional pollution control measures are left to the Member States, which can choose the 
most effective way of achieving the objectives taking into account local conditions. 

• 

Choice of instrument 

Proposed instrument: Directive amending WFD and EQSD. 

4. 

BUDGETARY IMPLICATIONS 

No budgetary implications are expected. 

5. 

• 

ADDITIONAL INFORMATION 

Detailed explanation of the proposal 

The proposal amends the EQSD and the WFD, the latter only as regards Annex X. 

Article 1 replaces Annex X to the WFD with the text set out in Annex I to this Directive. The 
updated Annex X includes the newly proposed PS and identifies two existing PS as PHS. The 
Annex is simplified by including some of the information that was previously in the table in 
footnotes.  

Article 2 of this proposal amends the following provisions of the EQSD: 

Article  2  is  amended  to  introduce  a  definition  for  the  term  "matrix",  i.e.  the  environmental 
compartment  to  which  the  EQS  apply  and  in  which  the  concentrations  of  PS  and  PHS  are 
therefore to be monitored, usually water, sediment or biota (fish unless otherwise stated). 

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6 

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Article  3  is  amended  to  make  it  coherent  with  the  new  structure  of  Part  A  of  Annex  I  (in 
particular with the inclusion of biota standards in the Annex), and to amend the obligations of 
the Member States as regards the selection of the matrix for monitoring. A default monitoring 
matrix  is  specified  for  each  substance,  on  the  basis  of  its  intrinsic  properties.  The  existing 
flexibility  for  Member  States  to  choose  an  alternative  matrix  is  retained,  but  it  is  now 
conditioned to the fulfilment of the minimum analytical performance criteria in Article 4 of 
Commission  Directive  2009/90/EC11.  In  addition,  to  simplify  reporting,  the  notification 
obligations set out in Article 3 of the EQSD are integrated into the reporting of the river basin 
management plans under Article 15 of the WFD. Finally, the comitology mandate to amend 
paragraph 3 of Part B of Annex I is aligned to the new delegated powers. 

Articles  4(4)  and  5(6)  are  deleted  as  a  consequence  of  the  alignment  of  the  act  to  the  new 
implementing  powers  in  the  Treaty.  Such  powers  are  not  adequate  for  the  adoption  of 
technical guidelines as these are not legally binding documents. 

Article 8 is updated. 

A  new  Article  8a  is  inserted  that  addresses  specific  provisions  for  substances  behaving  as 
ubiquitous persistent, bioaccumulative and toxic substances. 

A new Article 8b is inserted to establish a watch list for the targeted collection of monitoring 
data to support future reviews of the PS list. 

Article 9 is amended to be aligned to the new Regulation (EU) No 182/201112 on Commission 
implementing powers and introduces a new Article 10 on the exercise of delegated powers.  

Part  A  of  Annex  I  is  replaced  by  Annex  II  to  this  Directive,  which  introduces  the  newly 
proposed PS, amends the EQS for some of the existing PS13 and introduces a column for biota 
standards. This latter column includes the three biota standards that were already established 
by EQSD Article 3(2)(a) as well as biota standards for some other existing PS and some new 
PS. Listing the biota standards in Annex I of the EQSD simplifies presentation and improves 
clarity. 

Paragraph 2 of Part B of Annex I to the EQSD is amended to make appropriate reference to 
the implementing powers under Article 9. 

Annex II to the EQSD is rendered obsolete and is deleted. 

Annex III to the EQSD, linked to the current Article 8, is rendered obsolete and is deleted. 

11 

12 

13 

of 

(OJ 

water 

status 

Commission Directive 2009/90/EC of 31 July 2009 laying down, pursuant to Directive 2000/60/EC of 
the  European  Parliament  and  of  the  Council,  technical  specifications  for  chemical  analysis  and 
monitoring 
http://eur-
L 
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:201:0036:0038:EN:PDF  
Regulation  (EU)  No  182/2011  of  the  European  Parliament  and  of  the  Council  of  16  February  2011 
laying down the rules and general principles concerning mechanisms for control by Member States of 
the  Commission’s  exercise  of  implementing  powers  (OJ  L  55,  28.2.2011,  p.  13).  http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:055:0013:0018:EN:PDF  
Changes  affect  the  following  existing  substances:  numbers  2  (Anthracene),  5  (Brominated  diphenyl 
ethers),  15  (Fluoranthene),  20  (Lead  and  its  compounds),  22  (Naphthalene),  23  (Nickel  and  its 
compounds) and 28 (Polyaromatic hydrocarbons). 

1.8.2009, 

201, 

36). 

p. 

EN 

7 

   EN 

 
                                                 
Article  3  of  this  proposal  establishes  the  obligations  as  regards  transposition  into  national 
legislation and notification to the Commission of the national provisions. 

Article 4 refers to the entry into force. 

Article 5 establishes that the Directive is addressed to Member States. 

EN 

8 

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2011/0429 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Directives 2000/60/EC and 2008/105/EC as regards priority substances in the 
field of water policy 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 192(1) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 

Having regard to the opinion of the European Economic and Social Committee14, 

Having regard to the opinion of the Committee of the Regions15, 

Acting in accordance with the ordinary legislative procedure, 

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 loss 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. 

the  European  Parliament  and  of 

the  Council  of 
Directive 2000/60/EC  of 
23 October 2000 establishing a framework for Community action in the field of water 
policy16 lays down a strategy against the pollution of water. That strategy involves the 
identification of priority substances among those causing a significant risk to or via the 
aquatic  environment  at  Union  level.  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 policy17 set out the first list of 33 substances or groups 

14 
15 
16 
17 

OJ C , , p. . 
OJ C , , p. . 
OJ L 327, 22.12.2000, p. 1. 
OJ L 331, 15.12.2001, p. 1. 

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9 

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(3) 

(4) 

(5) 

(6) 

(7) 

of  substances  that  were  prioritised  at  Union  level  and  that  are  currently  included  in 
Annex X to Directive 2000/60/EC.  

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 policy18 lays 
down environmental quality standards (EQS) for the 33 priority substances identified 
in  Decision  No  2455/2001/EC  and  8  other  pollutants  that  were  already  regulated  at 
Union 
of 
level, 
Directive 2000/60/EC. 

accordance  with 

provisions 

objectives 

and 

the 

in 

The Commission has conducted a review of the list of priority substances according to 
Article 16(4) of Directive 2000/60/EC and to Article 8 of Directive 2008/105/EC and 
come to the conclusion that it is appropriate to amend the list of priority substances by 
identifying  new  substances  for  priority  action  at  Union  level,  setting  EQS  for  them, 
updating  according  to  scientific  progress  the  EQS  for  some  existing  substances,  and 
setting biota EQS for some existing and new priority substances. 

The  review  of  the  priority  substances  list  has  been  supported  by  an  extensive 
consultation with experts from the Commission services, Member States, stakeholders 
and the Scientific Committee on Health and Environmental Risks (SCHER). 

Numerous Union acts have been adopted since the adoption of Directive 2000/60/EC, 
which  constitute  emission  control  measures  in  accordance  with  Article 16  of  that 
Directive for individual priority substances. Moreover, many environmental protection 
measures fall under the scope of other existing Union legislation. Therefore,  priority 
should  be  given  to  implementing  and  revising  existing  instruments  rather  than 
establishing  new  controls.  The  inclusion  of  a  substance  in  Annex  X  to  Directive 
2000/60/EC  is  without  prejudice  to  the  application  of  the  provisions  of  Regulation 
(EC)  No  1107/2009  of  the  European  Parliament  and  of  the  Council  of  21  October 
2009 concerning the placing of plant protection products on the market and repealing 
Council Directives 79/117/EEC and 91/414/EEC19. 

Since the derivation of the EQS for the 33 priority substances included in Annex X to 
Directive 2000/60/EC a number of risk assessments under Council Regulation (EEC) 
No  793/93  of  23  March  1993  on  the  evaluation  and  control  of  the  risks  of  existing 
substances,20  later  replaced  by  Regulation  (EC)  No  1907/2006  of  the  European 
Parliament  and  of  the  Council  of  18  December  2006  concerning  the  Registration, 
Evaluation,  Authorisation  and  Restriction  of  Chemicals  (REACH),  establishing  a 
European Chemicals Agency, amending Directive 1999/45/EC and repealing Council 
Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as 
Council  Directive  76/769/EEC  and  Commission  Directives  91/155/EEC,  93/67/EEC, 
93/105/EC and 2000/21/EC,21 have been concluded. In order to ensure an appropriate 
level  of  protection  and  to  update  the  EQS  to  the  latest  scientific  and  technical 
knowledge as regards risks to or via the aquatic environment, the EQS for some of the 
existing substances need to be revised. 

18 
19 
20 
21 

OJ L 348, 24.12.2008, p. 84. 
OJ L 309, 24.11.2009, p. 1. 
OJ L 84, 5.4.1993, p. 1. 
OJ L 396, 30.12.2006, p. 1. 

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(8) 

(9) 

Additional  substances  posing  a  significant  risk  to  or  via  the  aquatic  environment  at 
Union  level  have  been  identified  and  prioritised  using  the  approaches  specified  in 
Article  16(2)  of  Directive  2000/60/EC  and  need  to  be  added  to  the  list  of  priority 
substances.  The  latest  available  scientific  and  technical  information  has  been  taken 
into account in deriving the EQS for these substances.  

The derivation of EQS for priority hazardous substances usually involves higher levels 
of  uncertainty  than  is  the  case  for  priority  substances  but  the  EQS  still  establishes  a 
benchmark  to  assess  compliance  with  the  objective  of  good  surface  water  chemical 
status, as defined in Article 2(24) and points (ii) and (iii) of Article 4(1)(a) of Directive 
2000/60/EC.  However,  in  order  to  ensure  an  adequate  level  of  protection  for  the 
environment and human health, the ultimate aim for the priority hazardous substances 
is  the  cessation  or  phase  out  of  emissions,  discharges  and  losses,  as  established  in 
Article 4(1)(a)(iv) of Directive 2000/60/EC. 

(10)  Scientific  knowledge  about  the  fate  and  effects  of  pollutants  in  water  has  evolved 
significantly  over  recent  years.  We  know  more  about  which  compartment  of  the 
aquatic  environment  (water,  sediment  or  biota,  hereinafter  "matrix")  a  substance  is 
likely  to  be  found  in,  and  therefore  where  its  concentration  is  most  likely  to  be 
measurable.  Some  very  hydrophobic  substances  accumulate  in  biota  and  are  hardly 
detectable  in  water  even  using  the  most  advanced  analytical  techniques.  For  these 
substances,  EQS  should  be  set  in  biota.  Nevertheless,  in  order  to  take  advantage  of 
their  monitoring  strategy  and  adapt  it  to  their  local  circumstances,  Member  States 
should  have  flexibility  to  use  alternative  matrices  (water,  sediment  or  biota)  for 
monitoring provided the level of  protection afforded by  the EQS and  the monitoring 
system is as good as that provided by the EQS and matrix laid down in this Directive. 

(11)  Commission Directive 2009/90/EC of 31 July 2009 laying down, pursuant to Directive 
2000/60/EC  of  the  European  Parliament  and  of  the  Council,  technical  specifications 
for  chemical  analysis  and  monitoring  of  water  status22,  establishes  minimum 
performance criteria for the analytical methods used in monitoring water status. Those 
criteria ensure meaningful and relevant monitoring information by requiring the use of 
analytical methods that are sensitive enough to ensure that any exceedance of the EQS 
can  be  reliably  detected  and  measured.  Member  States  should  be  permitted  to  use 
monitoring matrices other than those specified by this Directive only if the analytical 
method  used  meets  the  minimum  performance  criteria  in  Article  4  of  Directive 
2009/90/EC for the relevant EQS and matrix, or performs significantly better than the 
method used for the EQS and matrix specified in this Directive. 

(12)  Persistent,  bioaccumulative  and  toxic  substances  (PBTs)  and  other  substances  that 
behave  like  PBTs  may  be  found  for  decades  in  the  aquatic  environment  at  levels 
posing a significant risk, even if extensive measures to reduce or eliminate emissions 
have already been taken. Some are also capable of long-range transport and are largely 
ubiquitous  in  the  environment.  Several  such  substances  are  among  the  existing  and 
proposed priority hazardous substances and, because of their long-term ubiquity, some 
of  them  need  special  consideration  as  regards  their  impact  on  the  presentation  of 
chemical status under Directive 2000/60/EC and as regards monitoring requirements.  

22 

OJ L 201, 1.8.2009, p. 36. 

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11 

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(13)  As regards the presentation of chemical status according to Section 1.4.3 of Annex V 
to Directive 2000/60/EC, Member States should be allowed to present separately the 
impact  on  chemical  status  of  substances  that  behave  as  ubiquitous  PBTs  so  that 
improvements  in  water  quality  achieved  in  relation  to  other  substances  are  not 
obscured.  In  addition  to  the  obligatory  map  covering  all  substances,  two  additional 
maps,  one  covering  only  substances  behaving  as  ubiquitous  PBTs  and  one  covering 
other substances, could be provided. 

(14)  Monitoring  should  be  adapted  to  the  spatial  and  temporal  scale  of  the  expected 
variation in concentrations. Given the widespread distribution and long recovery times 
expected  for  substances  behaving  as  ubiquitous  PBTs,  Member  States  should  be 
allowed to reduce the number of monitoring sites and/or frequency of monitoring for 
those substances, as long as a statistically robust monitoring baseline is available.  

(15)  The special consideration given to substances behaving as ubiquitous PBTs does not 
exempt  the  Union  or  the  Member  States  from  taking  measures  additional  to  those 
already  taken,  including  at  international  level,  to  reduce  or  eliminate  emissions, 
discharges and losses of those  substances to achieve the objectives set out in Article 
4(1)(a) of Directive 2000/60/EC. 

(16)  High-quality monitoring data, along with data on ecotoxicological effects, are needed 
for  the  risk  assessments  that  support  the  selection  of  new  priority  substances.  The 
monitoring data collected from Member States, although significantly improved over 
the  past  years,  is  not  always  fit  for  purpose  in  terms  of  quality  and  Union  coverage. 
Monitoring data are particularly lacking for many emerging pollutants, which can be 
defined  as  pollutants  currently  not  included  in  routine  monitoring  programmes  at 
Union  level  but  which  could  pose  a  significant  risk  requiring  regulation,  depending 
upon  their  potential  (eco)toxicological  and  health  effects  and  on  their  levels  in  the 
(aquatic) environment. 

(17)  A  new  mechanism  is  needed  to  provide  the  Commission  with  targeted  high-quality 
monitoring information on the concentration of substances in the aquatic environment, 
with  a  focus  on  emerging  pollutants  and  substances  for  which  available  monitoring 
data  are  not  of  sufficient  quality  for  the  purpose  of  risk  assessment.  The  new 
mechanism  should  facilitate  the  gathering  of  that  information  across  Union  river 
basins. In order to maintain the monitoring costs at reasonable levels, the mechanism 
should focus on a limited number of substances, included temporarily in a watch list, 
and a limited number of monitoring sites, but deliver representative data that are fit for 
the purpose of the Union prioritisation process. The list should be dynamic, to respond 
to  new  information  on  the  potential  risks  posed  by  emerging  pollutants  and  avoid 
monitoring substances for longer than necessary.  

(18) 

In order to simplify and streamline reporting obligations for the Member States, and 
increase coherence with other related elements of water management, the notification 
requirements in Article 3 of Directive 2008/105/EC should be merged with the overall 
reporting obligations under Article 15 of Directive 2000/60/EC.  

(19)  With  the  adoption  of  this  proposal  and  submission  of  its  report  to  the  European 
Parliament and to the Council, the Commission has  completed its first review of the 
list of Priority Substances as required by Article 8 of Directive 2008/105/EC. This has 
included a review of the substances in Annex III to that Directive, some of which have 

EN 

12 

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been identified for prioritisation. There is currently insufficient evidence to prioritise 
the other substances. The possibility that new information regarding those substances 
may  become  available  means  that  they  are  not  excluded  from  future  review,  as  it  is 
true  for  the  other  substances  considered  but  not  prioritised  in  the  present  review. 
Therefore,  Annex  III  to  Directive  2008/105/EC  has  become  obsolete  and  should  be 
deleted. Article 8 of that Directive should be amended accordingly, also regarding the 
date of reporting to the European Parliament and to the Council.  

(20) 

In order to react to relevant technical and scientific progress in the area covered by this 
Directive in a timely manner, the power to adopt acts in accordance with Article 290 
of  the  Treaty  on  the  Functioning  of  the  European  Union  should  be  delegated  to  the 
Commission in respect of the updating of the methods for applying the environmental 
quality standards laid down in the Directive.  

(21)  Furthermore,  in  order  to  improve  the  information  basis  for  future  identification  of 
priority  substances,  in  particular  as  regards  emerging  pollutants,  the  power  to  adopt 
acts in accordance with Article 290 of the Treaty on the Functioning of the European 
Union should be delegated to the Commission in respect of the drawing up of a watch 
list.  It  is  of  particular  importance  that  the  Commission  carry  out  appropriate 
consultations during its preparatory work, including at expert level.  

(22)  The  Commission,  when  preparing  and  drawing-up  delegated  acts,  should  ensure 
simultaneous,  timely  and  appropriate  transmission  of  relevant  documents  to  the 
European Parliament and to the Council. 

(23) 

In order to ensure uniform conditions for the implementation of this Directive, of the 
monitoring  methods  used  for  monitoring  the  substances  on  the  watch  list  and  of  the 
reporting  formats  for  the  reporting  to  the  Commission  of  the  monitoring  data  and 
information,  implementing  powers  should  be  conferred  on  the  Commission.  Those 
powers should be exercised in accordance with Regulation (EU) No 182/2011 of the 
European  Parliament  and  of  the  Council  of  16  February  2011  laying  down  the  rules 
and general principles concerning mechanisms for control by the Member States of the 
Commission's exercise of implementing powers23.  

(24)  Since  the  objective  of  this  Directive,  namely  that  of  achieving  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  maintaining  the  same  level  of  protection  of  surface  water  throughout  the 
Union,  be  better  achieved  at  Union  level,  the  Union  may  adopt  measures,  in 
accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the 
European Union. 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. 

(25)  Directive  2000/60/EC  and  Directive  2008/105/EC  should  therefore  be  amended 

accordingly, 

23 

OJ L 55, 28.2.2011, p. 13.  

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13 

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HAVE ADOPTED THIS DIRECTIVE: 

Article 1 

Annex X to Directive 2000/60/EC is replaced by the text set out in Annex I to this Directive. 

Article 2 

Directive 2008/105/EC is amended as follows:  

1. 

Article 2 is replaced by the following: 

‘Article 2 

Definitions 

For the purposes of this Directive, the definitions laid down in Article 2 of Directive 
2000/60/EC and in Article 2 of Directive 2009/90/EC shall apply. 

In addition, the following definition shall apply: 

'Matrix' means a compartment of the aquatic environment, being water, sediment or 
biota.' 

2. 

Article 3 is replaced by the following: 

‘Article 3 

In  accordance  with  Article 1  of 

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

Member States shall apply the EQS in bodies of surface water in accordance with the 
requirements laid down in Part B of Annex I. [Note: this paragraph is not amended] 

2. 
For  the  substances  numbered  5,  15,  16,  17,  21,  28,  34,  35,  37,  43  and  44  in 
Part A of Annex I, Member States shall apply the biota EQS laid down in Part A of 
Annex  I.  For  the  rest  of  the  substances,  Member  States  shall  apply  the  water  EQS 
laid down in Part A of Annex I.  

3.  Member  States  may  opt  to  apply  an  EQS  for  a  matrix  different  from  that 
specified in paragraph 2.  

Member States that make use of that option shall apply the relevant EQS laid down 
in Part A of Annex I or, if none is included for the relevant matrix, establish one that 
offers at least the same level of protection as the EQS provided for in that annex.  

Member States may use that option only where the method of analysis used for the 
selected  matrix  fulfils  the  minimum  performance  criteria  laid  down  in  Article  4  of 
Commission  Directive  2009/90/EC(*)  or,  where  those  criteria  are  not  met  for  any 

EN 

14 

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matrix,  the  method  performs  significantly  better  than  that  used  for  the  matrix 
specified in paragraph 2. 

4. 
For  the  substances  for  which  an  EQS  for  sediment  and/or  biota  is  applied, 
Member States shall monitor the substance in the relevant matrix at least once every 
year, unless technical knowledge and expert judgment justify another interval. 

5.  Member  States  shall  include  in  the  updated  river  basin  management  plans 
produced in accordance with Article 13(7) of Directive 2000/60/EC: 

(a) 

a  table  presenting  the  limits  of  quantification  of  the  methods  of  analysis 
applied, and information on the performance of those methods in relation to the 
criteria laid down in Article 4 of Commission Directive 2009/90/EC;  

(b) 

for the substances for which the option in paragraph 3 has been used: 

(i) 

the reasons and basis for using it; 

(ii)  where relevant, the alternative EQS established, evidence that they would 
be  at  least  as  protective,  including  the  data  and  methodology  used  to 
derive  them,  and  the  categories  of  surface  water  to  which  they  would 
apply; 

(iii)  for comparison with the information referred to in point (a) of paragraph 
5  of  this  Article,  the  limits  of  quantification  of  the  methods  of  analysis 
for the matrix or matrices specified in Part A of Annex I to this Directive, 
including information on the performance of those methods in relation to 
the criteria laid down in Article 4 of Commission Directive 2009/90/EC; 

(c) 

justification  for  the  frequency  of  monitoring  applied  in  accordance  with 
paragraph 4, if monitoring intervals are longer than 1 year. 

6.  Member States shall arrange for the long-term trend 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 the substances numbered 2, 
5, 6, 7, 12, 15, 16, 17, 18, 20, 21, 26, 28, 30, 34, 35, 36, 37, 43 and 44, on the basis of 
the  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  sediment  and/or  relevant  biota.  [Note:  amendment  includes  only  the 
addition of references to new priority substances (30 to 44)] 

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  take  place  every  three  years,  unless  technical  knowledge  and 
expert judgment justify another interval. [Note: this paragraph is not amended] 

7. 
The Commission shall examine technical and scientific progress, including the 
conclusion  of  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 

EN 

15 

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revised  in  accordance  with  the  procedure  laid  down  in  Article 294  of  the  Treaty  in 
line with the timetable provided for in Article 16(4) of Directive 2000/60/EC. [Note: 
this paragraph is not amended] 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance 
8. 
with  Article  10  concerning  the  amendment  of  point 3  of  Part B  of  Annex I  to  this 
Directive. 

_________ 

(*)  OJ L 201, 1.8.2009, p. 36.’ 

3. 

4. 

Paragraph 4 of Article 4 and paragraph 6 of Article 5 are deleted. 

Article 8 is replaced by the following: 

‘Article 8 

Review of Annex X to Directive 2000/60/EC 

The  Commission  shall  report  to  the  European  Parliament  and  to  the  Council  the 
outcome of the regular review of Annex X to Directive 2000/60/EC provided for in 
Article  16(4)  of  that  Directive.  It  shall  accompany  the  report,  if  appropriate,  with 
relevant  proposals,  in  particular  proposals  to  identify  new  priority  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.' 

5. 

The following Article 8a is inserted: 

‘Article 8a 

Specific  provisions 
bioaccumulative and toxic substances 

for 

substances  behaving  as  ubiquitous  persistent, 

For the substances numbered 5, 21, 28, 30, 35, 37, 43 and 44 in Part A of Annex I to 
this Directive, Member States may: 

(a)  present  the  chemical  status  information  separately  from  that  for  the  rest  of  the 
substances in the river basin management plans produced in accordance with Article 
13 of Directive 2000/60/EC, without prejudice to the requirements of Section 1.4.3 
of  Annex  V  to  that  Directive  regarding  the  presentation  of  the  overall  chemical 
status, and/or 

(b) monitor less intensively than required for priority substances in accordance with 
Article  3(4)  of  this  Directive  and  Annex  V  to  Directive  2000/60/EC,  provided  that 
the  monitoring  is  representative  and  a  statistically  robust  baseline  regarding  the 
presence  of  those  substances  in  the  aquatic  environment  already  exists,  covering  at 
least one river basin management planning cycle of six years. 

The first paragraph shall be without prejudice to the objectives and obligations laid 
down in Articles 4(1)(a), 11(3)(k) and 16(6) of Directive 2000/60/EC.' 

EN 

16 

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6. 

The following Article 8b is inserted:  

‘Article 8b 

Watch list 

1. 
The  Commission  shall  draw  up  a  watch  list  of  substances  for  which  Union-
wide  monitoring  data  shall  be  gathered  for  the  purpose  of  supporting  future 
prioritisation exercises in accordance with Article 16(2) of Directive 2000/60/EC. 

The watch list shall contain no more than 25 substances or groups of substances at 
any  given  time  and  shall  indicate  the  monitoring  matrix  for  each  substance.  The 
substances  shall  be  selected  from  among  those  for  which  the  available  information 
indicates  that  they  may  pose  a  significant  risk  at  Union  level  to  or  via  the  aquatic 
environment. In selecting the substances for the watch list the Commission shall take 
into  account  all  available  information  including  research  projects,  Member  States' 
characterisation  and  monitoring  programmes  under  Articles  5  and  8  of  Directive 
2000/60/EC and information on production volumes, use patterns, concentrations in 
the  environment  and  effects,  including  that  gathered  in  accordance  with  Directives 
98/8/EC,  2001/82/EC*  and  2001/83/EC  of  the  European  Parliament  and  of  the 
Council**,  and  with  Regulation  (EC)  No  1907/2006  and  Regulation  (EC)  No 
1107/2009 of the European Parliament and of the Council***. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance 
2. 
with Article 10 concerning the drawing up of the watch list referred to in paragraph 1 
of this Article. 

The Commission shall draw up the first watch list as referred to in paragraph 1 

3. 
by[…]24. 

4.  Member  States  shall  monitor  each  substance  in  the  watch  list  at  selected 
representative  monitoring  stations  over  at  least  a  12-month  period  commencing 
within 3 months of its inclusion in the watch list.  

Each  Member  State  shall  select  at  least  one  station  per,  on  average,  15000  km2 
geographical area, with a minimum of one per Member State.  

In selecting the representative stations, the monitoring frequency and timing for each 
substance, Member States shall take into account the use  patterns of the substance. 
The frequency of monitoring shall not be less than once per year. 

5.  Member  States  shall  report  the  results  of  the  monitoring  carried  out  under 
paragraph 4 to the Commission within 18 months of the inclusion of the substance in 
the watch list, and every 12 months thereafter while the substance is kept on the list. 
The  report  shall  include  information  on  the  representativeness  of  the  station  and 
monitoring strategy.  

6. 
The  Commission  may  adopt  implementing  acts  laying  down  technical 
specifications  for  the  monitoring  of  the  substances  in  the  watch  list  and  technical 

24 

12 months after the adoption of this Directive. 

EN 

17 

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formats  for  the  reporting  to  the  Commission  of  the  monitoring  results  and  related 
information.  Those  implementing  acts  shall  be  adopted  in  accordance  with  the 
examination procedure referred to in Article 9(2). 

* 

OJ L 311, 28.11.2001, p. 1. 

**  OJ L 311, 28.11.2001, p. 67.  

***  OJ L 309, 24.11.2009, p. 1.’  

7. 

Article 9 is replaced by the following: 

‘Article 9 

1. The Commission shall be assisted by the Committee established by Article 21(1) 
of Directive 2000/60/EC. That committee shall be a committee within the meaning of 
Regulation (EU) No 182/2011.(*) 

2.  Where  reference  is  made  to  this  paragraph,  Article  5  of  Regulation  (EU)  No 
182/2011 shall apply. 

(*)  OJ L 55, 28.2.2011, p. 13.’ 

8. 

Article 10 is replaced by the following: 

‘Article 10 

Exercise of the delegation  

1. The power to adopt delegated acts is conferred on the Commission subject to the 
conditions laid down in this Article.  

2. The power to adopt delegated acts referred to in Articles 3(8) and 8b(2) shall be 
conferred on the Commission for an indeterminate period of time from the […]25.  

3. The delegation of power referred to in Article 3(8) and 8b(2) may be revoked at 
any time by the European Parliament or by the Council. A decision to revoke shall 
put  an  end  to  the  delegation  of  the  power  specified  in  that  decision.  It  shall  take 
effect the day following the publication of the decision in the Official Journal of the 
European Union or at a later date specified therein. It shall not affect the validity of 
any delegated acts already in force.  

4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously 
to the European Parliament and to the Council.  

5. A delegated act adopted pursuant to Article 3(8) and 8b(2) shall enter into force 
only  if  no  objection  has  been  expressed  either  by  the  European  Parliament  or  the 
Council  within  a  period  of  two  months  of  notification  of  that  act  to  the  European 
Parliament  and  the  Council  or  if,  before  the  expiry  of  that  period,  the  European 

25 

Date of the entry into force of this Directive. 

EN 

18 

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Parliament  and  the  Council  have  both  informed  the  Commission  that  they  will  not 
object. That period shall be extended by two months at the initiative of the European 
Parliament or of the Council.’ 

9. 

In Annex I, Part A is replaced by the text set out in Annex II to this Directive. 

10. 

In Annex I, point 2 of Part B is replaced by the following: 

‘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 examination procedure referred to in 
Article 9(2) of this Directive.’ 

11. 

Annexes II and III are deleted. 

Article 3 

1.  Member  States shall bring into force the laws, regulations and administrative 
provisions  necessary  to  comply  with  this  Directive  by  26  at  the  latest.  They  shall 
forthwith  communicate  to  the  Commission  the  text  of  those  provisions  and  a 
correlation table between those provisions and this Directive. 

When  Member  States  adopt  those  provisions,  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. 

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. 

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

Article 4 

26 

12 months after the adoption of this Directive. 

EN 

19 

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Article 5 

This Directive is addressed to the Member States. 

Done at Brussels, 31.1.2012 

For the European Parliament 
The President 

For the Council 
The President 

EN 

20 

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ANNEX I  

‘ANNEX X 
LIST OF PRIORITY SUBSTANCES IN 
THE FIELD OF WATER POLICY 

Number   CAS number1 

EU number2 

Name of priority substance3 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

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 diphenylethers 

7440-43-9 

231-152-8 

Cadmium and its compounds 

85535-84-8 

287-476-5 

Chloroalkanes, C10-13 

Identified as 
priority 
hazardous 
substance 

X 

X4 

X 

X 

EN 

21 

   EN 

 
 
 
 
Number   CAS number1 

EU number2 

Name of priority substance3 

Identified as 
priority 
hazardous 
substance 

(8) 

(9) 

(10) 

(11) 

(12) 

(13) 

(14) 

(15) 

(16) 

(17) 

(18) 

(19) 

(20) 

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) 

X 

330-54-1 

206-354-4 

Diuron 

115-29-7 

204-079-4 

Endosulfan 

206-44-0 

205-912-4 

Fluoranthene5 

118-74-1 

204-273-9 

Hexachlorobenzene 

87-68-3 

201-765-5 

Hexachlorobutadiene 

608-73-1 

210-168-9 

Hexachlorocyclohexane 

34123-59-6 

251-835-4 

Isoproturon 

7439-92-1 

231-100-4 

Lead and its compounds 

X 

X 

X 

X 

EN 

22 

   EN 

 
 
 
 
 
 
 
 
 
Number   CAS number1 

EU number2 

Name of priority substance3 

Identified as 
priority 
hazardous 
substance 

(21) 

(22) 

(23) 

(24) 

(25) 

(26) 

(27) 

(28) 

7439-97-6 

231-106-7 

Mercury and its compounds 

X 

91-20-3 

202-049-5 

Naphthalene 

7440-02-0 

231-111-4 

Nickel and its compounds 

not applicable 

not applicable 

Nonylphenols 

not applicable 

not applicable 

Octylphenols7 

608-93-5 

210-172-0 

Pentachlorobenzene 

87-86-5 

201-778-6 

Pentachlorophenol 

X6 

X 

not applicable 

not applicable 

Polyaromatic hydrocarbons (PAH)8 

X 

EN 

23 

   EN 

 
 
 
 
 
Number   CAS number1 

EU number2 

Name of priority substance3 

Identified as 
priority 
hazardous 
substance 

(29) 

(30) 

(31) 

(32) 

(33) 

(34) 

(35) 

(36) 

(37) 

(38) 

(39) 

(40) 

(41) 

(42) 

(43) 

(44) 

(45) 

(46) 

(47) 

(48) 

122-34-9 

204-535-2 

Simazine 

not applicable 

not applicable 

Tributyltin compounds 

12002-48-1 

234-413-4 

Trichlorobenzenes 

67-66-3 

200-663-8 

Trichloromethane (chloroform) 

1582-09-8 

216-428-8 

Trifluralin 

115-32-2 

204-082-0 

Dicofol 

1763-23-1 

217-179-8 

Perfluorooctane sulfonic acid and its 
derivatives (PFOS) 

124495-18-7 

not applicable 

Quinoxyfen 

X9 

X 

X 

X 

X 

not applicable 

not applicable 

Dioxins and dioxin-like compounds 

X10 

74070-46-5 

277-704-1 

Aclonifen 

42576-02-3 

255-894-7 

Bifenox 

28159-98-0 

248-872-3 

Cybutryne 

52315-07-8 

257-842-9 

Cypermethrin11 

62-73-7 

200-547-7 

Dichlorvos 

not applicable 

not applicable 

Hexabromocyclododecanes 
(HBCDD) 

X12 

76-44-8 / 1024-57-
3 

200-962-3 / 
213-831-0 

Heptachlor and heptachlor epoxide 

X 

886-50-0 

212-950-5 

Terbutryn 

57-63-6 

50-28-2 

200-342-2 

17alpha-ethinylestradiol13 

200-023-8 

17beta-estradiol13 

15307-79-6 

239-346-4 

Diclofenac13 

__________________________ 

1 

CAS: Chemical Abstracts Service. 

EN 

24 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
2 

3 

4 

5 

6 

7 

8 

9 

10 

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

Where  groups  of  substances  have  been  selected,  unless  explicitly  noted,  typical 
individual representatives are defined in the context of the setting of environmental 
quality standards. 

Only Tetra, Penta, Hexa and Heptabromodiphenylether (CAS-numbers 93703-48-1, 
32534-81-9, 36483-60-0, 68928-80-3, respectively). 

Fluoranthene  is  on  the  list  as  an  indicator  of  other,  more  dangerous  polyaromatic 
hydrocarbons. 

Nonylphenol  (CAS  25154-52-3,  EU  246-672-0)  including  isomers  4-nonylphenol 
(CAS  104-40-5,  EU  203-199-4)  and  4-nonylphenol  (branched)  (CAS  84852-15-3, 
EU 284-325-5). 

Octylphenol  (CAS  1806-26-4,  EU  217-302-5) 
tetramethylbutyl)-phenol (CAS 140-66-9, EU 205-426-2). 

including 

isomer  4-(1,1',3,3'-

Including  benzo(a)pyrene  (CAS  50-32-8,  EU  200-028-5),  benzo(b)fluoranthene 
(CAS 205-99-2, EU 205-911-9), benzo(g,h,i)perylene (CAS 191-24-2, EU 205-883-
8),  benzo(k)fluoranthene  (CAS  207-08-9,  EU  205-916-6),  indeno(1,2,3-cd)pyrene 
(CAS  193-39-5,  EU  205-893-2)  and  excluding  anthracene,  fluoranthene  and 
naphthalene, which are listed separately. 

Including tributyltin-cation (CAS 36643-28-4). 

This includes the following compounds:  

7  polychlorinated  dibenzo-p-dioxins  (PCDDs):  2,3,7,8-T4CDD  (CAS  1746-01-6), 
1,2,3,7,8-P5CDD  (CAS  40321-76-4),  1,2,3,4,7,8-H6CDD  (CAS  39227-28-6), 
1,2,3,6,7,8-H6CDD  (CAS  57653-85-7),  1,2,3,7,8,9-H6CDD  (CAS  19408-74-3), 
1,2,3,4,6,7,8-H7CDD (CAS 35822-46-9), 1,2,3,4,6,7,8,9-O8CDD (CAS 3268-87-9) 

(CAS  57117-41-6),  2,3,4,7,8-P5CDF 

10  polychlorinated  dibenzofurans  (PCDFs):  2,3,7,8-T4CDF  (CAS  51207-31-9), 
1,2,3,7,8-P5CDF 
(CAS  57117-31-4), 
1,2,3,4,7,8-H6CDF  (CAS  70648-26-9),  1,2,3,6,7,8-H6CDF  (CAS  57117-44-9), 
1,2,3,7,8,9-H6CDF  (CAS  72918-21-9),  2,3,4,6,7,8-H6CDF  (CAS  60851-34-5), 
1,2,3,4,6,7,8-H7CDF  (CAS  67562-39-4),  1,2,3,4,7,8,9-H7CDF  (CAS  55673-89-7), 
1,2,3,4,6,7,8,9-O8CDF (CAS 39001-02-0)  

12 dioxin-like polychlorinated biphenyls (PCB-DL): 3,3’,4,4’-T4CB (PCB 77, CAS 
32598-13-3),  3,3’,4’,5-T4CB  (PCB  81,  CAS  70362-50-4),  2,3,3',4,4'-P5CB  (PCB 
105,  CAS  32598-14-4),  2,3,4,4',5-P5CB  (PCB  114,  CAS  74472-37-0),  2,3',4,4',5-
P5CB (PCB 118, CAS 31508-00-6), 2,3',4,4',5'-P5CB (PCB 123, CAS 65510-44-3), 
3,3’,4,4’,5-P5CB  (PCB  126,  CAS  57465-28-8), 2,3,3',4,4',5-H6CB (PCB 156, CAS 
38380-08-4),  2,3,3',4,4',5'-H6CB  (PCB  157,  CAS  69782-90-7),  2,3',4,4',5,5'-H6CB 
(PCB  167,  CAS  52663-72-6),  3,3’,4,4’,5,5’-H6CB  (PCB  169,  CAS  32774-16-6), 
2,3,3',4,4',5,5'-H7CB (PCB 189, CAS 39635-31-9). 

EN 

25 

   EN 

 
11 

12 

13  

This includes the eight isomers contributing to CAS 52315-07-8, and therefore also 
CAS 67375-30-8 (Alpha cypermethrin). 

includes 

25637-99-4), 
This 
α-
1,2,5,6,9,10- 
Hexabromocyclododecane  (CAS  134237-50-6),  β-Hexabromocyclododecane  (CAS 
134237-51-7) and γ- Hexabromocyclododecane (CAS 134237-52-8). 

1,3,5,7,9,11-Hexabromocyclododecane 
(CAS 
Hexabromocyclododecane 

3194-55-6), 

(CAS 

The  inclusion  of  these  substances  in  Annex  X  is  without  prejudice  to  Regulation 
(EC) 726/2004, Directive 2001/83/EC and Directive 2001/82/EC.’ 

EN 

26 

   EN 

 
‘PART A: ENVIRONMENTAL QUALITY STANDARDS (EQS) 

ANNEX II 

AA: annual average.  

MAC: maximum allowable concentration. 

Unit: 

[µg/l] for columns (4) to (7) 

[µg/kg wet weight] for column (8) 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

No 

Name of 
substance 

CAS 
number1 

AA-EQS2 

AA-EQS2 

MAC-EQS4 

MAC-EQS4 

Inland 
surface 
waters3 

Other 
surface 
waters 

Inland 
surface 
waters3 

Other surface 
waters 

EQS 
Biota12 

(1) 

Alachlor 

15972-60-8 

0,3 

(2) 

Anthracene 

120-12-7 

(3) 

Atrazine 

1912-24-9 

(4) 

Benzene 

71-43-2 

0,1 

0,6 

10 

0,3 

0,1 

0,6 

8 

0,7 

0,1 

2,0 

50 

0,7 

0,1 

2,0 

50 

(5) 

Brominated 
diphenylethers
5 

32534-81-9 

4,9 10-8 

2,4 10-9 

0,14 

0,014 

0,0085 

EN 

27 

   EN 

 
 
 
 
 
 
(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

No 

Name of 
substance 

CAS 
number1 

(6) 

Cadmium and 
its compounds 

7440-43-9 

(depending on 
water hardness 
classes) 6 

EQS 
Biota12 

AA-EQS2 

AA-EQS2 

MAC-EQS4 

MAC-EQS4 

Other 
surface 
waters 

0,2 

Inland 
surface 
waters3 

≤ 0,45 
(Class 1) 

0,45 
(Class 2) 

Other surface 
waters 

≤ 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) 

Inland 
surface 
waters3 

≤ 0,08 
(Class 1) 

0,08 
(Class 2) 

0,09 
(Class 3) 

0,15 
(Class 4) 

0,25 
(Class 5) 

(6a) 

(7) 

(8) 

(9) 

Carbon-
tetrachloride7 

C10-13 
Chloroalkanes
8 

Chlorfenvinph
os 

Chlorpyrifos 
(Chlorpyrifos-
ethyl) 

56-23-5 

12 

85535-84-8 

0,4  

12 

0,4 

not 
applicable 

not 
applicable 

1,4 

1,4 

470-90-6 

0,1 

0,1 

0,3 

2921-88-2 

0,03 

0,03 

0,1 

0,3 

0,1 

EN 

28 

   EN 

 
 
 
 
 
 
(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

No 

Name of 
substance 

CAS 
number1 

AA-EQS2 

AA-EQS2 

MAC-EQS4 

MAC-EQS4 

Inland 
surface 
waters3 

Other 
surface 
waters 

Inland 
surface 
waters3 

Other surface 
waters 

EQS 
Biota12 

(9a) 

Cyclodiene 
pesticides: 

Σ = 0,01 

Σ = 0,005 

not 
applicable 

not 
applicable 

Aldrin7 

Dieldrin7 

Endrin7 

Isodrin7 

(9b) 

DDT total7,9 

309-00-2 

60-57-1 

72-20-8 

465-73-6 

not 
applicable 

0,025 

0,025 

para-
para-DDT7 

50-29-3  

0,01 

0,01 

(10) 

1,2-Dichloroet
hane 

107-06-2 

10  

(11)  Dichlorometha

75-09-2 

20 

ne 

10  

20 

not 
applicable 

not 
applicable 

not 
applicable 

not 
applicable 

not 
applicable 

not 
applicable 

not 
applicable 

not 
applicable 

EN 

29 

   EN 

 
 
 
 
 
 
 
(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

No 

Name of 
substance 

CAS 
number1 

(12)  Di(2-ethylhex
yl)-phthalate 
(DEHP) 

117-81-7 

1,3 

AA-EQS2 

AA-EQS2 

MAC-EQS4 

MAC-EQS4 

Inland 
surface 
waters3 

Other 
surface 
waters 

1,3 

Inland 
surface 
waters3 

Other surface 
waters 

not 
applicable 

not 
applicable 

(13)  Diuron 

330-54-1 

0,2 

0,2 

1,8 

1,8 

(14) 

Endosulfan 

115-29-7 

0,005 

0,0005 

0,01 

0,004 

(15) 

Fluoranthene 

206-44-0 

0,0063 

0,0063 

0,12 

(16)  Hexachloro-

118-74-1 

benzene 

(17)  Hexachloro-

87-68-3 

butadiene 

0,12 

0,05 

0,05 

0,6 

0,6 

EQS 
Biota12 

30 

10 

55 

(18)  Hexachloro-
cyclohexane 

608-73-1 

0,02 

0,002 

0,04 

0,02 

(19) 

Isoproturon 

34123-59-6 

0,3 

(20) 

Lead and its 
compounds 

7439-92-1 

1,213 

0,3 

1,3 

1,0 

14 

1,0 

14 

EN 

30 

   EN 

 
 
 
 
 
 
 
 
 
 
 
(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

AA-EQS2 

AA-EQS2 

MAC-EQS4 

MAC-EQS4 

No 

Name of 
substance 

CAS 
number1 

(21)  Mercury and 

7439-97-6 

its compounds 

(22)  Naphthalene 

91-20-3 

(23)  Nickel and its 

7440-02-0 

compounds 

Inland 
surface 
waters3 

Other 
surface 
waters 

2 

413 

2 

8,6 

Inland 
surface 
waters3 

0,07 

130 

34 

EQS 
Biota12 

Other surface 
waters 

0,07 

20 

130 

34 

2,0 

(24)  Nonylphenols  

84852-15-3 

0,3 

0,3 

2,0 

(4-
Nonylphenol) 

(25)  Octylphenols 
((4-(1,1',3,3'-
tetramethylbut
yl)-phenol)) 

(26) 

(27) 

Pentachloro-
benzene 

Pentachloro-p
henol 

140-66-9 

0,1 

0,01 

not 
applicable 

not 
applicable 

608-93-5 

0,007 

0,0007 

not 
applicable 

not 
applicable 

87-86-5 

0,4 

0,4 

1 

1 

EN 

31 

   EN 

 
 
 
 
 
 
 
 
 
(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

No 

Name of 
substance 

CAS 
number1 

AA-EQS2 

AA-EQS2 

MAC-EQS4 

MAC-EQS4 

Inland 
surface 
waters3 

Other 
surface 
waters 

Inland 
surface 
waters3 

Other surface 
waters 

EQS 
Biota12 

(28) 

Polyaromatic 
hydrocarbons 
(PAH)11 

Benzo(a)pyren
e 

not 
applicable 

not 
applicable 

not 
applicable 

not 
applicable 

not 
applicable 

50-32-8 

1,7 10-4 

1,7 10-4 

0,27 

0,027 

Benzo(b)fluor-
anthene 

205-99-2 

Benzo(k)fluor-
anthene 

207-08-9 

Benzo(g,h,i)-
perylene 

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

191-24-2 

193-39-5 

0,017 

0,017 

0,017 

0,017 

8,2 10-3 

8,2 10-4 

(29) 

Simazine 

122-34-9 

(29a)  Tetrachloro-

ethylene7 

127-18-4 

(29b)  Trichloro-
ethylene7 

79-01-6 

1 

10 

10 

1 

10 

10 

4 

4 

not 
applicable 

not 
applicable 

not 
applicable 

not 
applicable 

2 for 
fish 

5 for 
crustac
eans 
and 
cephal
opods 

10 for 
mollus
cs 

EN 

32 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

No 

Name of 
substance 

CAS 
number1 

AA-EQS2 

AA-EQS2 

MAC-EQS4 

MAC-EQS4 

Inland 
surface 
waters3 

Other 
surface 
waters 

0,0002 

Inland 
surface 
waters3 

0,0015 

Other surface 
waters 

0,0015 

36643-28-4 

0,0002 

(30) 

(31) 

(32) 

Tributyltin 
compounds 
(Tributhyltin-
cation) 

Trichloro-
benzenes 

Trichloro-
methane 

12002-48-1 

0,4  

0,4 

67-66-3 

2,5  

2,5  

(33) 

Trifluralin 

1582-09-8 

0,03 

0,03 

(34)  Dicofol 

115-32-2 

1,3 10-3 

3,2 10-5 

not 
applicable 

not 
applicable 

not 
applicable 

not 
applicable 

not 
applicable 

not 
applicable 

not 
applicable10 

not 
applicable10 

1763-23-1 

6,5 10-4 

1,3 10-4 

36 

7,2 

(35) 

Perfluorooctan
e sulfonic acid 
and its 
derivatives 
(PFOS) 

(36)  Quinoxyfen 

124495-18-7 

0,15 

0,015 

2,7 

0,54 

(37)  Dioxins and 
dioxin-like 
compounds 

See footnote 
10 in Annex 
X to 
Directive 
2000/60/EC 

(38)  Aclonifen 

74070-46-5 

0,12 

0,012 

0,12 

(39)  Bifenox 

42576-02-3 

0,012 

0,0012 

0,04 

(40)  Cybutryne 

28159-98-0 

0,0025 

0,0025 

0,016 

(41)  Cypermethrin 

52315-07-8 

(42)  Dichlorvos 

62-73-7 

8 10-5 

6 10-4 

8 10-6 

6 10-5 

6 10-4 

7 10-4 

0,012 

0,004 

0,016 

6 10-5 

7 10-5 

EQS 
Biota12 

33 

9,1 

Sum of 
PCDD
+PCD
F+PCB
-DL 

0,008 
µg.kg-1 
TEQ14 

EN 

33 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

No 

Name of 
substance 

CAS 
number1 

(43)  Hexabromocy
clododecane 
(HBCDD) 

(44)  Heptachlor 

and heptachlor 
epoxide 

See footnote 
12 in Annex 
X to 
Directive 
2000/60/EC 

76-44-8 / 
1024-57-3 

AA-EQS2 

AA-EQS2 

MAC-EQS4 

MAC-EQS4 

Inland 
surface 
waters3 

0,0016 

Other 
surface 
waters 

0,0008 

Inland 
surface 
waters3 

0,5 

EQS 
Biota12 

Other surface 
waters 

0,05 

167 

2 10-7 

1 10-8 

3 10-4 

3 10-5 

6,7 10-3 

(45) 

Terbutryn 

886-50-0 

0,065 

0,0065 

0,34 

0,034 

57-63-6 

3,5 10-5 

7 10-6 

not 
applicable 

not 
applicable 

(46) 

17alpha-
ethinylestradio
l 

(47) 

17beta-
estradiol 

50-28-2 

4 10-4 

8 10-5 

(48)  Diclofenac 

15307-79-6 

0,1 

0,01 

not 
applicable 

not 
applicable 

not 
applicable10 

not 
applicable10 

__________________________ 

1 

2 

3 

4 

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  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. 

EN 

34 

   EN 

 
 
 
 
 
 
 
 
 
 
5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

For  the  group  of  priority  substances  covered  by  brominated  diphenylethers  (No 5), 
the  EQS  should  be  compared  with  the  sum  of  the  concentrations  of  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. 

No  indicative  parameter  is  provided  for  this  group  of  substances.  The  indicative 
parameter(s) must be defined through the analytical method. 

(CAS number 50-29-3;  EU 

DDT total comprises the sum of the isomers 1,1,1-trichloro-2,2 bis (p-chlorophenyl) 
ethane 
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). 

200-024-3); 

number 

There is not sufficient information available to set a MAC-EQS for these substances. 

For  the  group  of  priority  substances  of  polyaromatic  hydrocarbons  (PAH)  (No 28), 
the biota EQS is based on the toxicity of benzo(a)pyrene, which should be measured 
as a marker for the other PAHs, and whose concentration should be compared with 
the EQS. The AA-EQS in water is a corresponding value. 

Unless explicitly indicated, the biota EQS refer to fish. 

These EQS refer to bioavailable concentrations of the substances. 

PCDD:  polychlorinated  dibenzo-p-dioxins;  PCDF:  polychlorinated  dibenzofurans; 
PCB-DL: dioxin-like polychlorinated biphenyls; TEQ: toxic equivalents. 

EN 

35 

   EN