P9_TA(2024)0358 – Surface water and groundwater pollutants – European Parliament legislative resolution of 24 April 2024 on the proposal for a directive of the European Parliament and of the Council amending Directive 2000/60/EC establishing a framework for Community action in the field of water policy, Directive 2006/118/EC on the protection of groundwater against pollution and deterioration and Directive 2008/105/EC on environmental quality standards in the field of water policy (COM(2022)0540 – C9-0361/2022 – 2022/0344(COD)) (Ordinary legislative procedure: first reading)
Date: 2024-04-24
Institutions: Committee on Agriculture and Rural Development, Committee on Budgets, Committee on Fisheries, Committee on Industry, Research and Energy, Committee on the Environment, Climate and Food Safety, European Parliament
Subjects: environmental standard, groundwater, pollution control, quality of the environment, surface water, water policy, water pollutant, water pollution, water protection, water resources




C_202503784EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/3784


17.9.2025






P9_TA(2024)0358

Surface water and groundwater pollutants


European Parliament legislative resolution of 24 April 2024 on the proposal for a directive of the European Parliament and of the Council amending Directive 2000/60/EC establishing a framework for Community action in the field of water policy, Directive 2006/118/EC on the protection of groundwater against pollution and deterioration and Directive 2008/105/EC on environmental quality standards in the field of water policy (COM(2022)0540 – C9-0361/2022 – 2022/0344(COD))


(Ordinary legislative procedure: first reading)

(C/2025/3784)



The European Parliament,







—


having regard to the Commission proposal to Parliament and the Council (COM(2022)0540),










—


having regard to Article 294(2) and Article 192(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0361/2022),










—


having regard to Article 294(3) of the Treaty on the Functioning of the European Union,










—


having regard to the opinion of the Economic and Social Committee of 22 February 2023
                   (1),










—


after consulting Committee of the Regions,










—


having regard to Rule 59 of its Rules of Procedure,










—


having regard to the opinions of the Committee on Industry, Research and Energy, and the Committee on Agriculture and Rural Development,










—


having regard to the report of the Committee on the Environment, Public Health and Food Safety (A9-0238/2023),










1.


Adopts its position at first reading hereinafter set out (2);










2.


Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;










3.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.







(1)  
            OJ C 146, 27.4.2023, p. 41.

(2)  This position corresponds to the amendments adopted on 12 September 2023 (OJ C, C/2024/1777, 22.3.2024, ELI: http://data.europa.eu/eli/C/2024/1777/oj).






P9_TC1-COD(2022)0344


Position of the European Parliament adopted at first reading on 24 April 2024 with a view to the adoption of Directive (EU) 2024/… of the European Parliament and of the Council amending Directive 2000/60/EC establishing a framework for Community action in the field of water policy, Directive 2006/118/EC on the protection of groundwater against pollution and deterioration and Directive 2008/105/EC on environmental quality standards 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 Committee (1),


Having regard to the opinion of the Committee of the Regions (2),


Acting in accordance with the ordinary legislative procedure,

Whereas:









(-1)






Water is not a commercial product like any other but, rather, a common good and a heritage, which needs to be protected, and treated as such, in order to ensure that ecosystems are preserved and that there is universal access to clean water. [Am. 1]















(-1a)






The United Nations General Assembly recognised, on 28 July 2010, the right to safe and clean drinking water and sanitation as a human right that is essential for the full enjoyment of life and all human rights. Following the success of the 2014 European Citizen’s Initiative entitled ‘Right2Water’ a proposal for the revision of the Directive on drinking water was adopted by the Commission in 2018 and the corresponding amended Directive entered into force on 12 January 2021. That Directive lays down an obligation for Member States to improve access to water intended for human consumption while relying, inter alia, on the knowledge gained and actions carried out under Directive 2000/60/EC. Member States should also ensure the effectiveness of the right to clean water and sanitation by improving the quality of both surface water and groundwater. [Am. 2]













(1)


Chemical pollution of surface and groundwater poses a threat to the aquatic environment, with effects such as acute and chronic toxicity in aquatic organisms, accumulation of pollutants in the ecosystem and loss of habitats and biodiversity, as well as to human health. Setting environmental quality standards helps to implement the zero pollution ambition for a toxic-free environment
, one of the priority goals of the 8th Environmental Action Programme (3)

. [Am. 3]















(1a)






According to the European Environment Agency, around 90 % of the area of groundwater bodies is reported to be in good quantitative status, around 75 % of the groundwater body area is in good chemical status, 40 % of surface water bodies are in good or high ecological status, and 38 % of surface water bodies are in good chemical status, while the European Environment Agency’s report of 4 December 2019 entitled ‘The European environment – state and outlook 2020: Knowledge for transition to a sustainable Europe’ found that reduced pollution has improved water quality, but that the Union was far from achieving good ecological status for all water bodies by 2020. [Am. 4]















(1b)






The 2019 Fitness Check of the Water Framework Directive (‘the Fitness Check’) concluded in its evaluation that the next round of programmes of measures will play a key role in ensuring the necessary progress towards achieving the environmental objectives of Directive 2000/60/EC by the 2027 deadline, and stated that currently more than half of all European water bodies are exempt under Directive 2000/60/EC, which makes the challenges for Member States to achieve the Environmental Quality Standards for priority substances within the given deadline, more than substantial. In addition, the Fitness Check concluded that the environmental objectives have not been reached fully largely due to insufficient funding, slow implementation and insufficient integration of environmental objectives in sectoral policies, and not due to a deficiency in the legislation. [Am. 5]















(1c)






Due to geographical and socioeconomic factors, some populations, including indigenous peoples, are more vulnerable to water pollution. The mining sector in the European Union is expected to grow to ensure the development of the net zero industry. As stated in Report 09/2021 from the European Environmental Agency (4), the mining sector directly impacts water quality and quantity. It is, therefore, necessary to better implement the existing legislative frameworks and to plan and control water use and discharge also in mining operations. [Am. 6]















(1d)






Many territories in the Union are subject to large and increasing water constraints. The significant and persistent droughts of recent years, especially in the Mediterranean regions, are putting agricultural production at risk and causing a serious decline in surface and groundwater reserves (5). [Am. 7]















(1e)






Water is a public good for the benefit of all which, as an essential natural resource that is irreplaceable and indispensable to life, needs to be carefully considered in the light of its social, economic and environmental dimensions. Climate change, including the increased frequency of natural disasters and extreme weather events, and the degradation of biodiversity, both negatively affect water quality and quantity, leading to pressure on sectors dependent on the availability of water, particularly agriculture. [Am. 8]















(1f)






While in its 2018 Report on ‘European waters - assessment of status and pressures’, the European Environment Agency (EEA) identified certain agricultural practices as obstacles to achieving good chemical status of groundwater in the Union, leading to nitrate and pesticide pollution, a steady decrease in use of mineral fertilisers and in nutrient surpluses has been observed in the Union over the last decades (6). Other significant sources of pollution are discharges that are not connected to a sewerage system, contaminated sites or abandoned industrial sites. [Am. 9]















(1g)






Good status of water bodies and efficient management of water resources represents a priority for agriculture, since farmers rely on water to conduct their activity, and as such, have a vested interest in the sustainable use of such resources. [Am. 10]















(1h)






In order to facilitate a transition to a more sustainable and productive agricultural sector that is resilient as regards water constraints, incentives should be put in place for farmers to improve water management and modernisation of irrigation systems and techniques. [Am. 11]















(1i)






Pesticide use can severely affect water quality and the quantity of water available for agricultural use, leading to negative impacts on both aquatic and terrestrial biodiversity. It is therefore appropriate to monitor the impact and ecotoxicological fate of pesticides and their metabolites in water bodies. [Am. 12]















(1j)






It is essential to consider the efforts achieved so far in sectors such as agriculture, where it has already been possible to reduce phytosanitary contamination by 14 % compared to 2015-2017 and by 26 % if considering the most harmful pollutants. The figures, therefore, show a continuous reduction in the use and risk of chemicals, with 2020 being the second consecutive year in which there has been a significant reduction in the use of pesticides, especially the most dangerous (7). [Am. 13]















(1k)






Chemical pollution of surface and groundwater also poses a threat to agriculture by limiting the availability of water suitable for crop irrigation, and further aggravating water scarcity. The Union and Member States should, therefore, increase support for research and innovation to rapidly deploy solutions to tackle surface and groundwater scarcity and pollution, including digitalisation, precision agriculture, optimised irrigation and modernisation of irrigation and a circular use of resources, for improved climate-resilient water management and a more targeted application of pesticides and fertilisers for crops, less polluting and safer alternatives to agricultural inputs, more resistant and nutrient-efficient varieties of crops and increased usage of treated wastewater for agricultural irrigation. This should contribute to achieving a sustainable and resilient Union food system while reducing diffuse pollution from agriculture and the need for agricultural abstraction. [Am. 14]













(2)


Pursuant to Article 191(2), second sentence, of the Treaty on the Functioning of the European Union (TFEU), Union policy on the environment is to be based on the precautionary principle and on the principles that preventive action is to be taken, that environmental damage is, as a priority, to be rectified at source and that the polluter is to pay.














(2a)






In seeking to achieve a high level of environmental protection and in implementing the Zero Pollution Action Plan, the Union should take account of the diversity of situations in the different regions of the Union, the impact on food security, food production and food affordability, as well as healthy and sustainable diets. [Am. 15]













(3)


The European Green Deal (8) is the Union’s strategy to ensure, by 2050, a climate-neutral, clean and circular economy, optimising resource management while minimising pollution. The EU Chemicals Strategy for Sustainability (9) and the Zero Pollution Action Plan (10) specifically address pollution aspects of the European Green Deal. Other particularly relevant and complementary policies include the 2018 EU Plastics Strategy (11), the 2021 Pharmaceuticals Strategy for Europe (12), the Biodiversity Strategy (13), the Farm to Fork Strategy (14), the EU Soil Strategy for 2030 (15), the EU’s Digital Strategy (16) and the EU’s Data Strategy (17).














(3a)






The objectives of achieving ‘good status of water bodies’ and ensuring water availability are cross-cutting and are often not pursued in a sufficiently coherent way. Good water management should be mainstreamed in all Union policies concerning water-using sectors. [Am. 16]















(3b)






The Fitness Check pointed out that better integration of water objectives in agricultural policy was necessary. The new CAP introduced measures making water management more sustainable. In order to have enhanced coherence between agriculture and water policy, Member States should make full use of the opportunities available in the new CAP and integrate water issues fully in their strategic plans, including use of Agricultural Knowledge and Innovation Systems (AKIS), and facilitate the development of advisory services to promote best practices concerning water management. [Am. 17]













(4)


Directive 2000/60/EC of the European Parliament and of the Council (18) establishes a framework for the protection of inland surface waters, transitional waters, coastal waters and groundwater. That framework involves the identification of priority substances amongst those that pose a significant risk to, or via, the aquatic environment at Union level. Directive 2008/105/EC of the European Parliament and of the Council (19) lays down Union-wide environmental quality standards (EQS) for the 45 priority substances listed in Annex X to Directive 2000/60/EC and eight other pollutants that were already regulated at Union level before Annex X was introduced by Decision No 2455/2001/EC of the European Parliament and of the Council (20). Directive 2006/118/EC of the European Parliament and of the Council (21) lays down Union-wide groundwater quality standards for nitrates and for active substances in pesticides and criteria for establishing national threshold values for other groundwater pollutants. It also sets out a minimum list of 12 pollutants and their indicators for which Member States are required to consider establishing

establish
 such national threshold values. The groundwater quality standards are set out in Annex I to Directive 2006/118/EC. [Am. 18]















(4a)






Member States should ensure that pollution through the discharge, emission or loss of priority hazardous substances ceases or is phased out within an appropriate timeline and, in any case, not later than 20 years after a given priority substance is listed as hazardous in Part A of Annex I to Directive 2008/105/EC. That timeline should apply without prejudice to the application of stricter timelines in any other applicable Union legislation. [Am. 19]













(5)


Substances are considered for listing in Annex X to Directive 2000/60/EC or in Annex I or Annex II to Directive 2006/118/EC based on an assessment of the risk they pose to humans and the aquatic environment. The key components of that assessment are knowledge of the environmental concentrations of the substances, including information collected from watch-list monitoring, and of the (eco)toxicology of the substances, as well as of their persistence, bioaccumulation, 
toxicity, mobility,
 carcinogenicity, mutagenicity, reprotoxicity and endocrine disrupting potential. [Am. 20]













(6)


The Commission has conducted a review of the list of priority substances in Annex X to Directive 2000/60/EC in accordance with Article 16(4) of that Directive and with Article 8 of Directive 2008/105/EC, and a review of the lists of substances in Annexes I and II to Directive 2006/118/EC in accordance with Article 10 of that Directive and has concluded, in the light of new scientific knowledge, that it is appropriate to amend those lists by adding new substances, setting EQS or groundwater quality standards for those newly added substances, revising the EQS for some existing substances in line with scientific progress and setting biota EQS for some existing and newly added substances. It has also identified which additional substances are likely to accumulate in sediment or biota, and clarified that trend monitoring of such substances should be conducted in sediment or biota. The reviews of the lists of substances have been supported by an extensive consultation with experts from the Commission services, Member States, stakeholder groups and the Scientific Committee on Health, Environmental and Emerging Risks.












(7)


A combination of source-control and end-of-pipe measures is required to effectively deal with most pollutants across their life cycle, including, as relevant, chemical design, authorisation or approval, control of emissions during manufacturing and use or other processes, and waste handling. The setting of new or stricter quality standards in water bodies therefore complements and is coherent with other Union legislation that addresses or could

should
 address the pollution problem at one or more of those stages, including Regulation (EC) No 1907/2006 of the European Parliament and of the Council (22), Regulation (EC) No 1107/2009 of the European Parliament and of the Council (23), Regulation (EU) No 528/2012 of the European Parliament and of the Council (24), Regulation (EU) 2019/6 of the European Parliament and of the Council (25), Directive 2001/83/EC of the European Parliament and of the Council (26), Directive 2009/128/EC of the European Parliament and of the Council (27), Directive 2010/75/EU of the European Parliament and of the Council (28) and Council Directive 91/271/EEC (29). 
In order for the Member States to achieve the environmental objectives laid down in Article 4 of Directive 2000/60/EC in the best and most cost-effective way possible, they should ensure, when establishing their programmes of measures, that source-control measures are prioritized over end-of-pipe measures and that those measures are in accordance with relevant Union sectoral legislation on pollution. When there is a risk of source-control measures failing to achieve good status of the water bodies, end-of-pipe measures should be applied. The Commission should develop guidance on best practices for source-control measures and the complementarity of end-of-pipe measures. [Am. 21]















(7a)






Water pollution is mainly the result of industrial and agricultural activities, sewage discharges, and urban runoff, including storm water. The Commission and the Member States should prioritise in their actions measures reducing pollution at source, as well as their enforcement. To this end, coherence between all pieces of Union and national legislation addressing pollutant emissions at source should be ensured in order to reduce pollution to levels no longer considered harmful to health and natural ecosystems. [Am. 22]















(7b)






In order to ensure the legislation intended for preventing pollution of surface water and groundwater is up to date in relation to the fast-evolving pace of new and emerging chemicals that have the potential, as pollutants, to cause significant risks to human health and the aquatic environment, policy mechanisms to detect and assess such substances of emerging concern should be strengthened. In this regard, an approach that allows monitoring and analysis of additional numbers of such substances or groups of substances under the watch lists for surface water and groundwater should be devised. The substances or group of substances to be placed on the watch list should be selected from amongst those substances for which the information available indicates that they could pose a significant risk at Union level to, or via, the aquatic environment, and for which the monitoring data are insufficient. The number of such substances or groups of substances to be monitored and analysed under the watch lists for surface water and groundwater should not be limited. [Am. 23]













(8)


The new scientific knowledge points to a significant risk from several other pollutants found in water bodies, in addition to those already regulated.In groundwater, a particular problem has been identified through voluntary monitoring for per- and polyfluoroalkyl substances (PFAS) and pharmaceuticals. PFAS have been detected at more than 70 % of the groundwater measuring points in the Union and existing national thresholds are clearly exceeded at a considerable number of locations, and pharmaceutical substances are also widely found. 
A subset of specific PFAS as well as of PFAS total should therefore be added to the list of groundwater pollutants.
 In surface waters, perfluorooctane sulfonic acid and its derivatives are already listed as priority substances, but other PFAS are now also recognised to pose a risk. 
A subset of specific PFAS as well as of PFAS total should therefore be added to the list of priority substances. In order to ensure a harmonised approach and level playing field in the Union, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to amend Annex I to Directive 2006/118/EC by setting a quality standard for PFAS total.
 Watch-list monitoring under Article 8b of Directive 2008/105/EC has 
also
 confirmed a risk in surface waters from a number of pharmaceutical substances which should therefore be added to the priority substances list. [Am. 24]















(8a)






Glyphosate is the most frequently used herbicide within the Union for agricultural use. As an active substance, it has raised serious concerns in terms of its impact on human health and aquatic toxicity. In December 2022, the Commission decided to grant a temporary extension of the glyphosate marketing authorisation for one additional year, pending the European Food Safety Authority’s reassessment of the active substance due in July 2023. Various recent scientific studies (30) suggest, however, that an environmental quality standard (EQS) lower than 0,1 μg /L for all surface water bodies should be considered based on the aquatic toxicity of glyphosate, AMPA and glyphosate-based herbicides. Considering the ongoing assessments by competent Union regulators and the scientific findings of relevant studies regarding the impacts of glyphosate on aquatic life, and for the purpose of ensuring the good chemical status of the majority of Union waters, based on the precautionary principle, a common and unified AA-EQS for inland surface waters and, separately, for other surface waters, should be adopted in relation to glyphosate. [Am. 25]















(8b)






Atrazine is a herbicide used for annual broad-leaved weeds and annual grasses in cereals. The use of atrazine in plant protection products is no longer authorised within the Union pursuant to Commission Decision 2004/248/EC (31). Atrazine has been proven to be an endocrine disruptor, with evidence that it interferes with reproduction and development, and it could be a cause of cancer. The European Environmental Agency, assessing pesticides against effect or quality thresholds between 2013 and 2020, found that exceedances of one or more pesticides, mainly exceedances of atrazine and its metabolites, were detected at between 4 % and 11 % of groundwater monitoring sites. Considering its persistent presence in Union surface and groundwater and in order to ensure the threshold values for atrazine do not exceed the total pesticides and metabolites EQS, the threshold value for atrazine in Annex I to Directive 2008/105/EC should be adjusted, also in accordance with the threshold value for the same substance set in Directive (EU) 2020/2184 (32). [Am. 26]















(8c)






According to SCHEER (33)and EMA (34), the generic quality standard of 0,1 μg/L and 0,5 μg/L for groundwater, suggested for individual pesticides and for the sum of all pesticides respectively, as specified in Directive 2006/118/EC, was established in the 1980s, based on the chemical-analytical sensitivity available at that time. The default value of 0,1 μg/L for individual pesticides is not proven to be sufficiently protective for human health and the groundwater ecosystem, and is sometimes significantly higher in comparison to threshold values for many pesticides and fungicides on the list of priority substances in Annex I to Directive 2008/105/EC. Taking into consideration also SCHEER's opinion that no groundwater threshold values should be higher than the EQS for surface water, the Commission should review the threshold values for individual pesticides and the sum of all pesticides, including their relevant metabolites, in Annex I to Directive 2006/118/EC by applying modern analytical methods and comparing them in relation to the best available toxicological knowledge. Pending this review, and in line with the precautionary approach expressed by drinking water providers in the European Groundwater Memorandum (35), interim threshold values, based on best available scientific knowledge, should be established. [Am. 27]















(8d)






Bisphenol-A should be treated as a priority hazardous substance and should be added to the list in Annex I to Directive 2008/105/EC. Scientific reports show that also bisphenols other than bisphenol-A have proven endocrine-disrupting potential and mixtures of those bisphenols represent an ecotoxicological risk. Given that those scientific findings raise concerns regarding the safe use of alternatives to bisphenols that might have a negative impact on human health and the environment, the Commission should establish a 'Bisphenols Total' parameter and an appropriate EQS for the total of bisphenol substances. [Am. 28]















(8e)






According to the European Medicines Agency (EMA) (36), groundwater ecosystems are fundamentally different and therefore can be more vulnerable to stressors than surface water ecosystems as they lack the ability to recover from perturbations. Therefore, a precautionary approach should be applied when setting groundwater threshold values to protect human health, groundwater ecosystems and groundwater-dependent ecosystems. In line with advice from EMA, as a result of this vulnerability, the threshold values applicable to groundwater should normally be 10 times lower than the corresponding threshold values for surface waters. However, where the actual risk posed to the groundwater eco-systems can be established, it could be appropriate to set threshold values for groundwater at a different level. [Am. 29]













(9)


Directive 2000/60/EC requires Member States to identify water bodies used for the abstraction of water intended for human consumption, to monitor them, and to take the necessary measures to avoid deterioration in their quality and to reduce the level of purification treatment required in the production of water that is fit for human consumption. In this context, micro-plastics have been identified as a potential risk to human health, but more monitoring data are required to confirm the need for setting an environmental quality standard for micro-plastics in surface and groundwaters. Micro-plastics should therefore be included in the surface and groundwater watch lists and should be monitored as soon as the Commission has identified suitable monitoring methods. In this context, account should be taken of the methodologies for monitoring and assessing the risks from micro-plastics in drinking water, developed under Directive (EU) 2020/2184 of the European Parliament and of the Council (37).














(9a)






Pursuant to applicable Union law, Member States are obliged to identify affected and at-risk waters, designate nitrate-vulnerable zones, develop action programmes and implement relevant measures. In this regard, there is still a need for an improvement in the harmonisation of control measures and water quality measurement systems between Member States, so as to allow for harmonised standards across the Union that make comparability between Member States possible, thus avoiding competition problems in the European agricultural sector, resulting in disturbances to the internal market. [Am. 30]













(10)




It is estimated that in 2019, between 900 000 and 1,7 million deaths around the world were attributable to antimicrobial resistance (AMR) infections (38). At the same time,
 concern has been expressed about the risk of antimicrobial resistance developing from the presence of antimicrobial resistant microorganisms and antimicrobial resistance genes in the aquatic environment, but little monitoring has taken place. Relevant antimicrobial resistance genes should also be included in the surface and ground water watch lists and monitored as soon as suitable monitoring methods have been developed. This is in line with the 'European One Health Action Plan against Antimicrobial Resistance’, adopted by the Commission in June 2017, and with the Pharmaceutical Strategy for Europe, which also addresses this concern. [Am. 31]















(10a)






Commission Implementing Decision (EU) 2020/1729 repealing Implementing Decision 2013/652/EU sets the framework to obtain comparable and reliable data on antimicrobial resistance in the European Union, including by monitoring slaughterhouse wastewater as a potential vehicle of antibiotic-resistant bacteria and therefore a possible environmental contamination route. Antibiotic-resistant bacteria have been found in water discharged by slaughterhouses. [Am. 32]















(10b)






Concern has been expressed about the risk of sulfates and xanthates in the aquatic environment. Sulfates not only impair drinking water quality, they also affect the material cycles of carbon, nitrogen and phosphorus. Among other things, this increases the nutrient loads in water bodies and thus the growth of plants and algae and also increases food supply for aquatic organisms and leads to a decrease of oxygen in water. Sulfates and their degradation products, especially sulfide, under certain conditions, can have a toxic effect on aquatic life. Standard test results indicate that some xanthates and their degradation products are toxic to aquatic invertebrates and fish species and that they may bioaccumulate. Sulfates are already listed as a pollutant for groundwater, but the monitoring that has taken place has been insufficient. Sulfates should therefore be included in the surface and ground water watch lists. Xanthates should be included in the surface water watch list. [Am. 33]















(10c)






Substances such as microplastics pose a clear risk to public health and the environment, but also to basic activities such as the development of agriculture. The presence of such substances and other particles can have implications not only on the water received by livestock and crops, but also on soil fertility, thereby compromising the health and good development of present and future crops (39). [Am. 34]













(11)




The current and conventional monitoring methods for the chemical status of water bodies cannot, in general, determine the impact of complex mixtures of chemicals on water quality.
 Considering the growing awareness of the relevance of mixtures and therefore of effect-based monitoring for determining chemical status,and considering that sufficiently robust effect-based monitoring methods already exist for estrogenic substances, Member States should apply such methods to assess the cumulative effects of estrogenic substances in surface waters over a period of at least two years. This will allow the comparison of effect-based results with the results obtained using the conventional methods for monitoring the three estrogenic substances listed in Annex I to Directive 2008/105/EC. That comparison will be used to assess

should be included in an evaluation report published by the Commission in which it assesses
 whether effect-based monitoring methods 
deliver robust and accurate data and
 may be used as reliable screening methods. Using such screening methods would have the advantage of allowing the effects of all estrogenic substances having similar effects to be covered, and not only those listed in Annex I to Directive 2008/105/EC. The 
Commission should be empowered to adopt delegated acts to supplement Directive 2008/105/EC to set out modalities for the Member States to use the effect-based methods for monitoring to assess the presence also of other substances in water bodies, in anticipation of a possible setting of effect-based trigger values in the future. The
 definition of EQS in Directive 2000/60/EC should be modified to ensure that it may, in the future, also covertrigger values that might be set for assessing the results of effect-based monitoring. [Am. 35]















(11a)






More stringent threshold values should be established where groundwater quality standards could result in failure to achieve the environmental objectives of Directive 2000/60/EC for associated water bodies, as required under Directive 2006/118/EC. That requirement under Directive 2006/118/EC should be further extended to better protect vulnerable sites from pollution. [Am. 36]













(12)


The evaluation of Union water legislation (40) (the ‘evaluation’) concluded that the process for identifying and listing pollutants affecting surface and groundwater and setting or revising quality standards for them in the light of new scientific knowledge could be accelerated. If those tasks were to be carried out by the Commission

Therefore
, rather than in the framework of the ordinary legislative procedure as currently provided for in Articles 16 and 17 of

any future review of Annex I to
 Directive 2000/60/EC and Article 10 of

2008/105/EC with regard to the list of priority substances and corresponding EQS set out in Part A of that Annex and of Annex I to
 Directive 2006/118/EC, the functioning of the surface and groundwater watch-list mechanisms, in particular in terms of timing and sequence of listing, monitoring and assessing results, could

should
 be improved, the links between the watch-list mechanism and the reviews of the lists of pollutants could

should
 be strengthened, and changes to

the review period for
 the lists of pollutants could

should be adjusted in order to
 take account of scientific progress more swiftly. Therefore, and given the need to amend the lists of pollutants and their EQS promptly in the light of new scientific and technical knowledge, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to amend Annex I to Directive 2008/105/EC with regard to the list of priority substances and corresponding EQS set out in Part A of that Annex and to amend Annex I to Directive 2006/118/EC with regard to the list of groundwater pollutants and quality standards set out in that Annex. In this context, the Commisison

Commission
 should take account of the results of the monitoring of substances on the surface and groundwater watch lists. As a consequence, Articles 16 and 17 of Directive 2000/60/EC and Annex X to that Directive, as well as Article 10 of Directive 2006/118/EC, should be deleted
, while maintaining the obligation to take measures aimed at the cessation or phasing out of discharges, emissions and losses of priority hazardous substances
. [Am. 37]















(12a)






Overall, the conclusions of the Fitness check indicate that the Directives are broadly fit for purpose, with scope for improvement, including accelerating the proper implementation of their objectives, which might be achieved through more Union funding. The assessment indicates that the Directives have so far generally led to a higher level of protection of water bodies and flood risk management. [Am. 38]













(13)


The evaluation also concluded that there is too much variation between Member States as regards the quality standards and threshold values set at national level for river basin specific pollutants and groundwater pollutants respectively. Until now, river basin specific pollutants not identified as priority substances under Directive 2000/60/EC have been subject to national EQS and been counted as physico-chemical quality elements supporting the assessment of ecological status in surface waters. In groundwaters, it has also been possible for Member States to set their own threshold values, even for man-made synthetic substances. This flexibility has led to sub-optimal results in terms of comparability of the status of water bodies between Member States, and in terms of environmental protection. Therefore, it is necessary to provide for a procedure that allows for an agreement at Union level on EQS and threshold values that are to be applied for those substances if they are identified as being of national concern and to establish repositories of the applicable EQS and threshold values.














(13a)






Any decision on the selection, review of substances and the setting of EQS should be based on a risk assessment and follow a proportionate, transparent and science-based approach and take into consideration recommendations from the European Parliament, Member States and relevant stakeholders. [Am. 39]















(13b)






While Directive 2000/60/EC set the rules necessary to make progress in relation to water quantity and quality, the Fitness check showed that the slow progress made as regards achieving the objectives of this Directive can amongst other things be attributed to a lack of sufficient financial resources as well as regulatory and ecological complexity, including possible time lags for groundwater to respond to measures and with regard to reporting timelines. Measures that improve the status of water bodies through restoration of rivers and ecosystem services provide financial benefits that outweigh the costs and could reduce unnecessary expenditure for Member States. Furthermore, the evaluation points to a lack of implementation, an insufficient scope, and insufficient or inadequate restoration measures ensuring hydrological and ecological connectivity (41). [Am. 40]













(14)


Furthermore, integrating river basin specific pollutants into the definition of chemical status in surface waters ensures a more coordinated, coherent and transparent approach in terms of monitoring and assessment of chemical status of surface water bodies and of related information to the public. It also facilitates a more targeted approach to identifying and implementing measures to address all ‘chemical related’ issues in a more holistic, effective and efficient way. Therefore, the definitions of ‘ecological status’ and ‘chemical status’ should be modified and the scope of ‘chemical status’ should be widened to cover also the river basin specific pollutants, hitherto part of the definition of ‘ecological status’ in Annex V to Directive 2000/60/EC. As a result, the concept of EQS for river basin specific pollutants and related procedures should be included in Directive 2008/105/EC.












(15)


In order to ensure a harmonised approach and level playing field in the Union, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to amend Part B of Annex II to Directive 2006/118/EC by adapting the list of pollutants for which Member States have to consider establishing

establish
 national threshold values. [Am. 41]













(16)


Given the need to swiftly adapt to scientific and technical knowledge and to ensure a harmonised approach and level playing field in the Union in respect of river basin specific pollutants, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to adapt Annex II to Directive 2008/105/EC with regard to the list of categories of pollutants set out in Part A of that Annex and to adapt Part C of Annex II with regard to the harmonised EQS for river basin specific pollutants or groups thereof. Those harmonised EQS should be applied by Member States in assessing the status of their surface water bodies when a risk has been identified from those pollutants.












(17)


The review of the list of priority substances in Part A of Annex I to Directive 2008/105/EC has concluded that several priority substances are no longer of Union wide concern and should therefore no longer be included in Part A of Annex I to that Directive. Those substances should therefore be considered as river basin specific pollutants and included in Part C of Annex II to Directive 2008/105/EC together with their corresponding EQS. Considering that those pollutants are no longer considered to be of Union wide concern, the EQS need only be applied where those pollutants could still be of national or regional or local concern.












(18)


In order to ensure a level playing field and allow comparability of water body status between Member States, there is a need to harmonise national threshold values for some groundwater pollutants. Therefore, a repository of harmonised threshold values for groundwater pollutants of national, regional or local concern should be introduced as a new Part D in Annex II to Directive 2006/118/EC. The harmonised thresholds set out in that repository need to be applied only in those Member States where the pollutants subject to those thresholds affect groundwater status. For the sum of the two synthetic pollutants trichloroethylene and tetrachloroethylene, there is a need to harmonise the national threshold values since not all Member States where the pollutants are relevant apply a threshold value for the sum of these pollutants and the national threshold values set are not all the same. The harmonised threshold value should be consistent with the parametric value set for the sum of those pollutants in drinking water under Directive (EU) 2020/2184.












(19)


In order to ensure a harmonised approach and level playing field in the Union, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to amend Part D of Annex II to Directive 2006/118/EC in order to adapt the repository of harmonised threshold values as regards the pollutants included and the harmonised threshold values to technical and scientific progress.












(20)


All provisions of Directive 2006/118/EC relating to the assessment of groundwater chemical status should be adapted to the introduction of the third category of harmonised threshold values in Part D of Annex II to that Directive, in addition to the quality standards set out in Annex I to that Directive and the national threshold values set out in accordance with the methodology set out in Part A of Annex II to that Directive.














(20a)






In order to provide for adequate protection standards for areas of high ecological value, vulnerability or pollution, such as caves and karst areas, that contain ecosystems that are among the most vulnerable to contamination and represent an important drinking water supply, as well as for former industrial sites and other areas with known historical contamination, the Commission should publish an assessment of the chemical status of such areas and, where appropriate, present a legislative proposal to revise Directive 2006/118/EC accordingly. [Am. 42]













(21)


To ensure effective and coherent decision-making and develop synergies with the work carried out in the framework of other Union legislation on chemicals, the European Chemicals Agency (‘ECHA’),should be given a permanent and clearly circumscribed role in the prioritisation of substances to be included in the watch lists and in the lists of substances in Annexes I and II to Directive 2008/105/EC and Annexes I and II to Directive 2006/118/EC, and in the derivation of appropriate science-based quality standards. The Committee for Risk Assessment (RAC) and the Committee for Socio-Economic Analysis (SEAC) of ECHA, should facilitate the carrying out of certain tasks conferred on ECHA by providing opinions. ECHA should also ensure better coordination between various pieces of environmental law through increased transparency as regards pollutants on a watch list or the development of Union wide or national EQS or thresholds, by making relevant scientific reports publicly available. 
In relation to assessing threshold values for pharmaceutical substances, ECHA should cooperate with the European Medicines Agency ('EMA'). [Am. 43]













(22)


The evaluation concluded that more frequent and streamlined electronic reporting is necessary to foster better implementation and enforcement of the Union water legislation. In view of its role also to more regularly monitor the state of pollution as described in the Zero Pollution Action Plan, the European Environment Agency (EEA) should facilitate such more frequent and streamlined reporting by the Member States. It is important that environmental information on the status of Union surface water and groundwater is made available to the public and to the Commission in a timely manner. Member States should therefore be required to make available to the Commission and the EEA the monitoring data collected in the framework of Directive 2000/60/EC, making use of automated reporting and data delivery mechanisms by using Application Programming Interface or equivalent mechanisms. The administrative burden is expected to be limited insofar as Member States are already required to make publicly available spatial data themes within the scope of Directive 2007/2/EC of the European Parliament and of the Council (42) as well as under Directive (EU) 2019/1024 of the European Parliament and of the Council (43). Those spatial data themes include the location and operation of environmental monitoring facilities, related measurements of emissions and the state of environmental media.













(23)




Better integration of data flows reported to the EEA under the Union water legislation and, in particular, of the inventories of emissions required by Directive 2008/105/EC, with the data flows reported to the Industrial Emissions Portal under Directive 2010/75/EU and Regulation (EC) No 166/2006 of the European Parliament and of the Council (44), will make the inventory reporting in accordance with Article 5 of Directive 2008/105/EC simpler and more efficient. At the same time, it will reduce administrative burden and peak work load in the preparations of the river basin management plans. In combination with the abolition of interim reporting on the progress of programmes of measures, which did not prove effective, this simplified reporting will allow Member States to put more effort into reporting emissions that are not covered by the legislation on industrial emissions but which are covered by the emissions reporting under Article 5 of Directive 2008/105/EC.
[Am. 44]













(24)


The Treaty of Lisbon introduced a distinction between powers delegated to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act (delegated acts), and the powers conferred upon the Commission to adopt acts to ensure uniform conditions for implementing legally binding Union acts (implementing acts). Directives 2000/60/EC and 2006/118/EC should be aligned to the legal framework introduced by the Lisbon Treaty.












(25)


The empowerments in Article 20(1), first subparagraph, of Directive 2000/60/EC and in point 1.4.1(ix) of Annex V to that Directive which provide for the use of the regulatory procedure with scrutiny fulfil the criteria in Article 290(1) TFEU, since they concern adaptations of the Annexes to that Directive and adoption of rules supplementing it. They should therefore be converted to empowerments for the Commission to adopt delegated acts.












(26)


The empowerment in Article 8 of Directive 2006/118/EC which provides for the use of the regulatory procedure with scrutiny fulfils the criteria in Article 290(1) TFEU, since it concerns adaptations of the Annexes to that Directive. It should therefore be converted to an empowerment for the Commission to adopt delegated acts.












(27)


It is of particular importance that the Commission carry out appropriate consultations during the preparation of delegated acts, its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as the Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.












(28)


The empowerment in Article 8(3) of Directive 2000/60/EC which provides for the use of the regulatory procedure with scrutiny fulfils the criteria in Article 290(2) TFEU, since it concerns the adoption of technical specifications and standardised methods for analysis and monitoring of water status and therefore aims at ensuring uniform conditions for the harmonised implementation of that Directive. It should therefore be converted to an empowerment for the Commission to adopt implementing acts. In order to ensure comparability of data, the empowerment should also be extended to include the establishment of formats for reporting monitoring and status data in accordance with Article 8(4). The powers conferred on the Commission should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (45).












(29)


In order to ensure uniform conditions for the implementation of Directive 2000/60/EC, implementing powers should be conferred on the Commission to adopt technical formats for reporting monitoring and water status data in accordance with Article 8(3) of Directive 2000/60/EC. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.












(30)


In order to ensure uniform conditions for the implementation of Directive 2008/105/EC, implementing powers should be conferred on the Commission to adopt standardised formats for the reporting of point source emissions not covered by Regulation (EU) …/… of the European Parliament and of the Council (46), to the EEA. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.












(31)


It is necessary to take into account scientific and technical progress 
and the best available methods
 in the area of monitoring of the status of water bodies in accordance with the monitoring requirements set out in Annex V to Directive 2000/60/EC. Therefore, Member States should be allowed to use of data and services from remote sensing technologies, earth observation (Copernicus services), in-situ sensors and devices, or citizen science data, leveraging the opportunities offered by artificial intelligence, advanced data analysis and processing. [Am. 45]















(31a)






Industrial activities related to the energy transition could increase adverse impacts on the water quality. Mitigating such future impacts, such as changes to natural flow patterns and temperature, and water pollution, requires assessing the full range of potential factors as well as measures to be taken to achieve and maintain good water quality. Therefore, Member States should regularly evaluate the impact on water quality of industrial activities related to the energy transition and inform the Commission of newly identified threats with the aim of updating the watch list accordingly. The evaluation should be easily accessible to the public and the update should be allowed to occur outside of the general updating cycles, to ensure a continuous improvement of water quality assessment. [Am. 46]















(31b)






The Commission, in its communication of 11 December 2019 on the European Green Deal and its communication of 14 October 2020 on improving access to justice in environmental matters, committed to taking action to improve access to justice before national courts in all Member States for citizens and environmental non-governmental organisations that have specific concerns about the compatibility of administrative acts that have effects on the environment with environmental law. In the latter communication, the Commission affirms that ‘access to justice in environmental matters, both via the Court of Justice of the EU (CJEU) and the national courts as Union courts, is an important support measure to help deliver the European Green Deal transition and a way to strengthen the role which civil society can play as watchdog in the democratic space’. Those commitments should be implemented also under Directive 2000/60/EC. [Am. 47]















(31c)






As confirmed by the case law of the CJEU (47), environmental non-governmental organisations and directly concerned individuals should be provided legal standing in order to challenge a decision taken by a public authority, which is in breach of the environmental objectives referred to in Article 4 of Directive 2000/60/EC. With the purpose of enhancing access to justice in the matters concerned before national courts across the Union and for environmental non-governmental organisations and directly concerned individuals to be able to rely on national laws when challenging decisions that are in breach of Directive 2000/60/EC, provisions to ensure access to justice should be established in Directive 2000/60/EC. [Am. 48]













(32)


Considering the increases in unforeseeable weather events, in particular extreme floods and prolonged droughts, and in significant pollution incidents resulting in or exacerbating transboundary accidental pollution, Member States should be required to ensure that immediate information on such incidents is provided to other potentially affected Member States and effectively cooperate with potentially affected Member States to mitigate the effects of the event or incident. It is also necessary to reinforce cooperation between Member States and streamline procedures for transboundary cooperation in case of more structural, i.e. non accidental and longer term transboundary issues which cannot be solved at Member State level, in accordance with Article 12 of Directive 2000/60/EC. In case European assistance is necessary, competent national authorities may send requests for assistance to the Emergency Response Coordination Centre of the Commission, which will coordinate possible offers of assistance and their deployment through the Union Civil Protection Mechanism, in accordance with Article 15 of Decision 1313/2013

n 1313/2013/EU
 of the European Parliament and of the Council (48). 
Considering that river basin districts can also extend beyond the territory of the Union, ensuring that there is effective implementation of relevant provisions for water protection under Directive 2000/60/EC as well as appropriate coordination with the relevant non-Member States would also contribute to the objectives as set out in Directive 2000/60/EC for those specific river basin districts, as referred to in Article 3(5) of Directive 2000/60/EC. In addition, armed conflicts taking place in close geographical proximity to the Union should also be considered as exceptional events due to their extensive negative transboundary environmental impact, including air, soil and water pollution. As the river basins affected by such conflicts could extend within the Union’s boundaries, the Commission and Member States should increase their endeavours to establish appropriate coordination with relevant non-Member States as referred to in Article 3(5) of Directive 2000/60/EC. [Am. 49]















(32a)






The European Court of Auditors in its report of 19 May 2021 entitled ‘The Polluter Pays Principle: Inconsistent application across EU environmental policies and actions’ notes that Member States already spend around EUR 100 billion per year on water supply and sanitation and that increases of that expenditure are expected to amount to over 25 % to meet the objectives of Union legislation on wastewater treatment and drinking water, while not including investments needed to renew existing infrastructure or meet the objectives of the Water Framework Directive and the Floods Directive. Furthermore, in the Union, users pay on average for around 70 % of the cost of providing water services, through water tariffs, while the public purse finances the remaining 30 %, although there are considerable differences between regions and Member States. Households in the Union usually pay for most of the cost of water supply and sanitation services, even though they consume only 10 % of water, whereas the economic sectors that exert the most pressure on renewable freshwater resources contribute the least to meeting such costs. [Am. 50]















(32b)






The costs of monitoring programmes for determining the status of surface water and ground water are financed solely through Member States’ budgets. Given that the number of chemicals detected in the aquatic environment is constantly changing, that there is a growing number of emerging pollutants which have just recently appeared in the aquatic environment, that constant improvement of chemical analytical methods is required in order to detect these emerging and new pollutants and correctly assess their ecological impact, and that also new monitoring methods need to be developed in order to better assess effects of chemical mixtures, those monitoring costs are expected to increase even further. In order to cover those costs, and in accordance with the polluter pays principle enshrined in Article 191(2) of the Treaty on the Functioning of the European Union (TFEU), it is essential that producers placing on the Union market products that contain substances which have a proven or potential negative impact on human health and the aquatic environment take financial responsibility for the measures required to control substances generated in the context of their commercial activities and found in surface water and groundwater. A system of extended producer responsibility is likely the most appropriate means of achieving this, as it would limit the financial burden on the taxpayer, while providing an incentive to develop greener products. The Commission should, therefore, prepare an impact assessment examining the inclusion in Directive 2006/118/EC and Directive 2008/105/EC of an extended producer responsibility mechanism, applicable to priority substances defined under Directive 2006/118/EC and under Directive 2008/105/EC, as well as to emerging and new pollutants, as defined in the watch lists under Directive 2006/118/EC and Directive 2008/105/EC. The impact assessment should be accompanied, where appropriate, by a legislative proposal to revise Directives 2006/118/EC and 2008/105/EC. [Am. 51]















(32c)






Monitoring of an increased number of substances or group of substances involves increased costs but also the need for strengthened administrative capacity in the Member States, especially those with scarcer resources. In light of the above, the Commission should set up a joint European monitoring facility for managing the monitoring requirements when so requested by the Member States, thus easing their financial and administrative burdens. The Commission should define the methods of operation of the monitoring facility. The use of such facility should be voluntary and without prejudice to arrangements already set in place by the Member States. [Am. 52]















(32d)






Evidence shows that there is an investment need in the water sector and Union funding is vital for some Member States to comply with legal obligations laid down in Directive 2000/60/EC, Directive 2008/105/EC and Directive 2006/118/EC. All Member States need to increase their expenditure by at least 20 % to reach Union water standards and there is an aggregated financing gap of EUR 289 billion up to 2030 (49). It is therefore necessary to ensure that sufficient financial and human resources are provided for the purpose of carrying out monitoring and inspections of water bodies in all Member States, including via relevant Union structural funds and programmes, as well as via contributions from the private sector, including under the extended producer responsibility mechanism, once put in place. [Am. 53]













(33)


Directives 2000/60/EU, 2006/118/EC and 2008/105/EC should therefore be amended accordingly.












(34)


Since the objectives of this Directive, namely to ensure a high level of environmental protection and an improvement of the environmental quality of European freshwaters, cannot be sufficiently achieved by Member States alone but can rather, by reason of the transboundary nature of water pollution, 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 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 those objectives,














(34a)






Member States should encourage synergies between the requirements of the relevant directives concerning both data collection and deployment of digital tools such as remote sensing technologies or earth observation (Copernicus services). [Am. 54]















(34b)






The competent authorities should support training, skills development programmes and investment in human capital to support the effective implementation of the best technologies and innovative solutions within the framework of the directives. Information should be accessible in the different national languages in order to strengthen accessibility to the relevant data across Europe for the relevant local actors and citizens. [Am. 55]






HAVE ADOPTED THIS DIRECTIVE:



Article 1


Amendments to Directive 2000/60/EC


Directive 2000/60/EC is amended as follows:






(1)


in Article 1
, point (e)
, the fourth indent is replaced by the following: [Am. 56]







‘—


achieving the objectives of relevant international agreements, including those which aim to prevent and eliminate pollution of the marine environment, by Union action to cease or phase out discharges, emissions and losses of priority hazardous substances, with the ultimate aim of achieving concentrations in the marine environment near background values for naturally occurring substances and close to zero for man-made synthetic substances.;’














(2)


Article 2 is amended as follows:






(a)


point (24) is replaced by the following:






‘(24)


“Good surface water chemical status’ means the chemical status required to meet the environmental objectives for surface waters set out in Article 4(1), point (a), of this Directive, that is the chemical status achieved by a body of surface water in which concentrations of pollutants do not exceed the environmental quality standards for priority substances listed in Part A of Annex I to Directive 2008/105/EC of the European Parliament and of the Council (*1) and the environmental quality standards for river basin specific pollutants set in accordance with Article 8(2), point (c), and Article 8d(1) of that Directive.”





(*1)  Directive 2008/105/EC of the European Parliament and of the Council on the prevention and control of surface water pollution, 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).;’
                                                         "
                        










(b)


point (30) is replaced by the following:






‘(30)


“Priority substances’ means substances listed in Part A of Annex I to Directive 2008/105/EC, that is substances which present a significant risk to or via the aquatic environment in a high proportion of Member States.”;’














(c)


the following points (30a) and (30b) are inserted:






‘(30a)


“Priority hazardous substances” means priority substances which are marked as “hazardous” on the basis that they are recognised in scientific reports, in relevant Union legislation, or in relevant international agreements, as being toxic, persistent and liable to bio-accumulate 
(PBT), or very persistent and very accumulative (vPvB), or persistent, mobile and toxic (PMT) or very persistent and very mobile (vPvM)
 or as giving rise to an equivalent level of concern, where this concern is relevant to the aquatic environment
, and for which measures need to be taken in accordance with Article 4 (1), point (a), point (iv)
. [Am. 57]











(30b)


“River basin specific pollutants” means pollutants that are not or no longer identified as priority substances but which Member States have identified, on the basis of the assessment of pressures and impacts on surface water bodies carried out in accordance with Annex II to this Directive, as posing a significant risk to or via the aquatic environment within their territory.;’














(d)


point (35) is replaced by the following:






‘(35)


“Environmental quality standard” means the concentration of a particular pollutant or group of pollutants in water, sediment or biota not to be exceeded in order to protect human health and the environment or a trigger value for the adverse effect on human health or the environment of such a pollutant or group of pollutants measured using an appropriate 
and scientifically established
 effect-based method.’; [Am. 58]

















(da)






point (37) is replaced by the following:








‘
37.







                                                            “Water intended for human consumption” has the same meaning as under Directive (EU) 2020/2184.
’[Am. 59]

















(db)






in point (40), the first subparagraph is replaced by the following:








‘
40.







                                                            “Emission limit values” means the mass, expressed in terms of certain specific parameters, concentration and/or level of an emission, which may not be exceeded during any one or more periods of time. Emission limit values may also be laid down for certain groups, families or categories of substances, in particular for those identified in Annex I to Directive 2008/105/EC.
’[Am. 60]



















(3)


in Article 3, the following paragraph 4a is inserted:

‘4a.   In the case of exceptional circumstances of natural origin or force majeure, in particular extreme floods and prolonged droughts, or significant pollution incidents, which could affect downstream water bodies situated in other Member States, Member States shall ensure that the competent authorities for downstream water bodies in such Member States, as well as the Commission, are immediately informed and that the necessary cooperation is set up to investigate the causes and address the consequences of the exceptional circumstances or incidents.;


Member States shall notify other Member States that could be adversely affected by the relevant pollution incident.




To further improve cooperation and information exchange in the international river basin districts, for all international river basin districts arrangements for emergency communication and response shall be put in place.

                                       ’
                                       [Am. 61]












(4)


Article 4(1) is amended as follows:






(a)


in point (a), point (iv) is replaced by the following:






‘(iv)


Member States shall implement the necessary measures to progressively reduce pollution
, discharges, emissions and losses
 from priority substances and river basin specific pollutants, and to cease or phase out emissions, discharges and losses of priority hazardous substances 
within an appropriate timeline and, in any case, not later than 20 years after a given priority substance is listed as hazardous in Part A of Annex I to Directive 2008/105/EC
. 
That timeline shall apply without prejudice to the application of stricter timelines in any other applicable Union legislation
;’[Am. 62]















(b)


in point (b)(iii), the second subparagraph is replaced by the following:

                                             ‘Measures to achieve trend reversal shall be implemented in accordance with Article 5 of Directive 2006/118/EC and Annex IV to that Directive, subject to the application of paragraphs 6 and 7 of this Article and without prejudice to paragraph 8 of this Article.;’
                                          












(ba)






in point (c), the following subparagraph 1a is added:



                                             ‘
                                             
Member States shall set stricter standards or threshold values if necessary to adequately protect the areas listed in Annex IV to this Directive, including special areas of conservation under Council Directive 92/43/EEC. Programmes and measures required in relation to such threshold values shall also apply to activities falling within the scope of Directive 91/676/EEC.

                                             ’
                                             [Am. 63]















(5)


in Article 7, paragraph 2 is replaced by the following:

‘2.   For each body of water identified under paragraph 1, in addition to meeting the objectives of Article 4 in accordance with the requirements of this Directive, for surface water bodies including the quality standards established at Union level, Member States shall ensure that under the water treatment regime applied, and in accordance with Union legislation, the resulting water will meet the requirements of Directive (EU) 2020/2184 of the European Parliament and of the Council (*2).


(*2)  Directive (EU) 2020/2184 of the European Parliament and of the Council of 16 December 2020 on the quality of water intended for human consumption (OJ L 435, 23.12.2020, p. 1);’
                                       "
                        










(6)


Article 8 is amended as follows:






(a)


paragraph 3 is replaced by the following:

‘3.   The Commission is empowered to adopt implementing acts to set

delegated acts in accordance with Article 20a supplementing this Directive by setting
 out technical specifications and standardised methods for analysis and monitoring of water status 
set out
 in accordance with Annex V
. The Commission is empowered to adopt implementing acts

and for establishing formats for reporting monitoring and status data in accordance with paragraph 4. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21(2).;’
                                                   [Am. 64]














(aa)






The following paragraph is added:



‘
3a.
   
                                                   
By [two years after the entry into force of this Directive], the Commission shall publish a comprehensive assessment on the possible application of continuous, precise and real-time (online) pollution monitoring systems of water quality measurements, including economic and technical feasibility aspects of such systems relevant to the Member States, as well the use of harmonised standards.




The Commission shall, if appropriate, adopt an implementing act, in accordance with the examination procedure referred to in Article 21(2), to set out harmonised standards for online water monitoring.”

                                                   ’
                                                   [Am. 65]












(b)


the following paragraphs 4 and 5 are added:

‘4.   Member States shall ensure that the available individual monitoring data collected in accordance with point 1.3.4 
and 2.4.3
 of Annex V and the resulting status in accordance with Annex V are made available to the public and to the European Environment Agency (EEA) 
and, without undue delay and in an easily accessible manner, to the public
 at least once a year electronically in a machine-readable format in accordance with Directive 2003/4/EC of the European Parliament and of the Council (*3), Directive 2007/2/EC of the European Parliament and of the Council (*4) and Directive (EU) 2019/1024 of the European Parliament and of the Council (*5). For those purposes, Member States shall use the formats established in accordance with paragraph 3 of this Article. [Am. 66]



5.   The EEA shall ensure that the information made available in accordance with paragraph 4 is regularly processed and analysed for the purpose of making it available, via relevant Union portals, for reuse by the Commission and relevant Union agencies and for the purpose of providing the Commission, the Member States and the public with up-to-date, objective, reliable and comparable information, in particular on status, in accordance with Regulation (EC) No 401/2009 of the European Parliament and of the Council (*6).


(*3)  Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26)."
                        

(*4)  Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1)."
                        

(*5)  Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56)."
                        

(*6)  Regulation (EC) No 401/2009 of the European Parliament and of the Council of 23 April 2009 on the European Environment Agency and the European Environment Information and Observation Network (OJ L 126, 21.5.2009, p. 13);’
                                                   "
                        














(7)


Article 10 is amended as follows:






(a)


paragraph 2 is replaced by the following:

‘2.   For the purpose of complying with the objectives, quality standards and thresholds established pursuant to this Directive, Member States shall ensure the establishment and implementation of the following:






(a)


emission controls based on best available techniques;










(b)


relevant emission limit values;










(c)


in the case of diffuse impacts, controls including, as appropriate, best environmental practices as set out in:






—


Directive 2009/128/EC of the European Parliament and of the Council (*7);










—


Directive 2010/75/EU of the European Parliament and of the Council (*8);










—


Council Directive 91/271/EEC (*9);










—


Council Directive 91/676/EEC (*10);










—


any other Union legislation relevant for addressing point source or difuse pollution.










(*7)  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 (OJ L 309, 24.11.2009, p. 71)."
                        

(*8)  Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (OJ L 334, 17.12.2010, p. 17)."
                        

(*9)  Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment (OJ L 135, 30.5.1991, p. 40)."
                        

(*10)  Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources, (OJ L 375, 31.12.1991, p. 1).;’
                                                                        "
                        










(b)


paragraph 3 is replaced by the following:

‘3.   Where a quality objective, quality standard or threshold, whether established pursuant to this Directive, to Directives 2006/118/EC or 2008/105/EC, or pursuant to any other Union legislation, requires stricter conditions than those which would result from the application of paragraph 2, more stringent emission controls shall be set accordingly.;’

















(7a)






Article 11(1) is replaced by the following:



‘
1.
   
Each Member State shall ensure the establishment for each river basin district, or for the part of an international river basin district within its territory, of a programme of measures, taking account of the results of the analyses required under Article 5, in order to achieve the objectives established under Article 4. Such programmes of measures shall prioritise source-control measures in accordance with relevant Union sectoral legislation on pollution. End-of-pipe measures shall be applied in addition to source control measures where there is a risk of source-control measures failing to achieve good status of the water bodies. Programmes of measures may make reference to measures following from legislation adopted at national level and covering the whole of the territory of a Member State. Where appropriate, a Member State may adopt measures applicable to all river basin districts and/or the portions of international river basin districts falling within its territory. The Commission shall develop guidance on best practices for source-control measures and the complementarity of end-of-pipe measures.
’[Am. 67]














(7b)






Article 11(3), point (c) is replaced by the following:








‘
(c)






measures to promote an efficient and sustainable water use, including in agriculture, in order to avoid compromising the achievement of the objectives specified in Article 4;
’[Am. 68]















(8)


in Article 11(3), point (k) is replaced by the following:






‘(k)


measures to eliminate pollution of surface waters by priority hazardous substances and to progressively reduce pollution by other substances which would otherwise prevent Member States from achieving the environmental objectives for the bodies of surface waters set out in Article 4;;’
















(8a)






Article 11(5), indent 2 is replaced by the following:








‘
—






relevant permits and authorisations are examined and reviewed and, in duly justified cases, suspended, as appropriate,
’[Am. 69]















(9)


Article 12 is replaced by the following:

‘Article 12
Issues which cannot be dealt with at Member State level

1.   Where a Member State identifies an issue which has an impact on the management of its water but cannot be resolved by that Member State, it shall notify the issue to the Commission and any other Member State concerned and make recommendations for the resolution of it.


The Commission shall respond to any notification from a Member State within a period of six months. Where the issue concerns failure to meet good chemical status, the Commission shall act in accordance with Article 7a of Directive 2008/105/EC. [Am. 70]



2.   The Member States concerned shall cooperate to identify the sources of the issues referred to in paragraph 1 and the measures required for addressing those issues.
Member States shall respond to each other in a timely manner, and no later than 3

2
 months after notification by another Member State in accordance with paragraph 1. [Am. 71]



3.   The Commission shall be informed of, and invited to assist in, any cooperation referred to in paragraph 2. Where appropriate, the Commission shall, taking into account the reports established pursuant to Article 13, consider whether further action needs to be taken at Union level in order to reduce the transboundary impacts on water bodies.;’














(9a)






in Article 13, the following paragraph is inserted:



‘
4a.
   
The Commission shall reject the river basin management plans presented by Member States when these plans do not include the elements listed in Annex VII.
’[Am. 72]














(9b)






The following Article is inserted:



‘Article 14a


Access to justice




1.
   
                                          
Member States shall ensure that members of the public, in accordance with national law, that have a sufficient interest or that allege the impairment of a right, have access to a review procedure before a court of law, or another independent and impartial body established by law, to challenge the substantive or procedural legality of all decisions, acts or omissions under this Directive concerning, inter alia:










(a)






plans and projects which may be contrary to the requirements of Article 4, including to prevent the deterioration of the status of bodies of water and to achieve good water status, good ecological potential and/or good water chemical status, to the extent that those requirements are not already provided for under Article 11 of Directive 2011/92/EU;














(b)






programmes of measures referred to in Article 11, Member State river basin management plans referred to in Article 13(1) and supplementary Member State programmes or management plans referred to in Article 13(5).










2.
   
Member States shall determine what constitutes a sufficient interest and the impairment of a right, in a manner that is consistent with the objective of providing the public with wide access to justice. For the purposes of paragraph 1, any non-governmental organisation that promotes environmental protection and meets the relevant requirements under national law shall be deemed to have rights capable of being impaired and their interest shall be deemed sufficient.






3.
   
The review procedures referred to in paragraph 1 shall be fair, equitable, and completed in a timely manner, and shall not be prohibitively expensive. Those procedures shall also involve the provision of adequate and effective redress, including injunctive relief where appropriate.






4.
   
                                          
Member States shall ensure that practical information is made available to the public on access to the administrative and judicial review procedures referred to in this Article."

                                          ’
                                          [Am. 73]














(10)




in Article 15, paragraph 3 is deleted;
[Am. 74]













(10a)






in Article 15(3) the following subparagraph is added:



                                 ‘
                                 
The Commission shall adopt guidelines and templates concerning the content, structure and format of the interim reports referred to in the first subparagraph, no later than [six months after the entry into force of this Directive].

                                 ’
                                 [Am. 75]











(11)


Articles 16 and 17 are deleted;










(12)


Article 18 is amended as follows:






(a)


in paragraph 2, point (e) is replaced by the following:






‘(e)


a summary of any proposals, control measures and strategies to control chemical pollution or cease or phase out hazardous substances;;’















(b)




paragraph 4 is deleted;
[Am. 76]















(13)


Article 20 is replaced by the following:

‘Article 20
Technical adaptations and implementation of this Directive

1.   The Commission is empowered to adopt delegated acts in accordance with Article 20a to amend Annexes I and III and section 1.3.6 of Annex V in order to adapt the information requirements related to competent authorities, the content of the economic analysis and the selected monitoring standards, respectively, to scientific and technical progress.


2.   The Commission is empowered to adopt delegated acts in accordance with Article 20a to supplement this Directive by determining the values established for the Member State monitoring system classifications in accordance with the intercalibration procedure set out in point 1.4.1 of Annex V.


3.   The Commission is empowered to adopt implementing acts to set out the technical formats for the transmission of the data referred to in Article 8(4). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21(2). When establishing those formats, the Commission shall be assisted, where so required, by the EEA;’












(14)


the following Article 20a is inserted:

‘Article 20a
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 Article 20(1) shall be conferred on the Commission for an indeterminate period of time from [OP please insert the date = the date of entry into force of this Directive].


3.   The delegation of power referred to in Article 20(1) may be revoked at any time by the European Parliament and 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 the delegated acts already in force.


4.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016.


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


6.   A delegated act adopted pursuant to Article 20(1) shall enter into force only if no objection has been expressed either by the European Parliament or by 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 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.;’












(15)


Article 21 is replaced by the following:

‘Article 21
Committee procedure

1.   The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council (*11).


2.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Where the Committee delivers no opinion, the Commission shall not adopt the draft implementing act and Article 5(4), third subparagraph, of Regulation (EU) No 182/2011 shall apply.



(*11)  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).;’
                                          "
                        










(16)


in Article 22, paragraph 4 is replaced by the following:

‘4.   The environmental objectives in Article 4, the environmental quality standards set out in Part A of Annex I to Directive 2008/105/EC and the thresholds for river basin specific pollutants established pursuant to Articles 8 and 8d of that Directive shall be regarded as environmental quality standards for the purposes of Directive 2010/75/EU.;’











(17)


Annex V is amended in accordance with Annex I to this Directive;










(18)


in Part A of Annex VII, point 7.7. is replaced by the following:






‘7.7.


a summary of the measures taken to reduce the emissions of priority substances and to phase out the emissions of priority hazardous substances;;’
















(18a)






In Annex VII, Part A, the following point is inserted:








‘
7.7a.






a summary of the measures taken to digitise the monitoring aspects of the water sector;
’[Am. 77]















(19)


Annex VIII is amended in accordance with Annex II to this Directive;










(20)



Annex X is

Annexes IX and X are
 deleted. [Am. 78]







Article 2


Amendments to Directive 2006/118/EC


Directive 2006/118/EC is amended as follows:






(1)


the title is replaced by the following:

                                 ‘Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the prevention and control of groundwater pollution;’
                              










(2)


in Article 1, paragraph 1 is replaced by the following:

‘1.   This Directive establishes specific measures to prevent and control groundwater pollution with the aim of achieving the environmental objectives set out in Article 4(1), point (b), of Directive 2000/60/EC. 
The hierarchy of measures to be taken shall prioritise restrictions and other control-at-source measures, without prejudice to the importance of end-of-pipe measures, where appropriate.
 Those measures include the following: [Am. 79]







(a)


criteria for the assessment of good groundwater chemical status;










(b)


criteria for the identification and reversal of significant and sustained upward trends and for the definition of starting points for trend reversals.;












(ba)






criteria for assessing the good ecological status of groundwater.
’[Am. 80]
















(3)


in Article 2, point (2) is replaced by the following:






‘(2)


“threshold value” means a groundwater quality standard established by Member States in accordance with Article 3(1), point (b), or at Union level in accordance with Article 8(3);;’














(4)


Article 3 is amended as follows:






(a)


in paragraph 1, first subparagraph, the following point (c) is added:






‘(c)


threshold values established at Union level in accordance with Article 8(3) and listed in Part D of Annex II to this Directive.;’
















(aa)






in paragraph 1, the following subparagraph is inserted:



                                             ‘
                                             
The threshold values applicable to groundwater shall be 10-times lower than the corresponding EQS for surface water, except in cases, where the actual risk posed to the groundwater ecosystems can be established, it may be appropriate to set threshold values for groundwater at a different level.

                                             ’
                                             [Am. 81]











(b)


paragraph 2 is replaced by the following:

‘2.   Threshold values referred to in paragraph 1, point (b), may be established at the national level, at the level of the river basin district or the part of the international river basin district falling within the territory of a Member State, or at the level of a body or a group of bodies of groundwater.;’











(c)


paragraph 5 is replaced by the following:

‘5.   All threshold values referred to in paragraph 1 shall be published in the river basin management plans to be produced under Article 13 of Directive 2000/60/EC, together with a summary of the information set out in Part C of Annex II to this Directive.
Member States shall, by [OP please insert the date = the first day of the month following 18 months after the date of entry into force of this Directive], inform the European Chemicals Agency (ECHA) of the national threshold values referred to in paragraph 1, point (b). ECHA shall make that information publicly available.’
;











(ca)






in paragraph 5, the following subparagraph is inserted:



                                             ‘
                                             
Member States shall ensure that the residents of the concerned river basin district or of the part of the international river basin district falling within the territory of a Member State are adequately and timely informed.

                                             ’
                                             [Am. 82]











(d)


in paragraph 6, the first subparagraph is replaced by the following:

                                             ‘Member States shall amend the list of threshold values applied in their territories whenever new information on pollutants, groups of pollutants, or indicators of pollution
, also taking into account the precautionary principle,
 indicates that a threshold value needs to be set for an additional substance, that an existing threshold value needs to be modified, or that a threshold value previously removed from the list needs to be re-inserted. If relevant threshold values are established or amended at Union level, Member States shall adapt the list of threshold values applied in their territories to those values. ;
                                             ’
                                             [Am. 83]











(e)




paragraph 7 is replaced by the following:



‘
7.
   
The Commission shall publish a report on the national threshold values referred to in paragraph 1, point (b), one year after the Member States provide that information to ECHA in accordance with paragraph 5.
’[Am. 84]
















(5)


in Article 4(2), point (b) is replaced by the following:






‘(b)


the values for the groundwater quality standards listed in Annex I and the threshold values referred to in Article 3(1), points (b) and (c), are not exceeded at any monitoring point in that body or group of bodies of groundwater; or;’














(6)


the following Article 6a is inserted:

‘Article 6a
Watch list

1.   The Commission is empowered to adopt implementing acts to establish, having regard to scientific reports prepared by ECHA, a watch list of substances for which Union-wide monitoring data are to be gathered by the Member States and to lay down the formats to be used by the Member States for reporting the results of that monitoring and related information to the Commission. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 9(2).
The watch list shall contain a maximum

minimum
 of five substances or groups of substances and shall indicate the monitoring matrices and the possible methods of analysis for each substance. Those monitoring matrices and methods shall not entail excessive costs for the competent authorities. The substances to be included in the watch list shall be

of emerging concern
 selected from amongst those substances for which the information available
, also in accordance with sub-paragraph four below,
 indicates that they may pose a significant risk at Union level to, or via, the aquatic environment
,
 and for which 
the
 monitoring data are insufficient. This

, except where the number of substances or groups of substances for which the information available indicates that they may pose a significant risk to, or via, the aquatic environment to be selected from is less than five, in which case the
 watch list shall include

contain all of those
 substances of emerging concern.


In addition to the minimum number of substances or group of substances, the watch list may also contain indicators of pollution.




The watch list shall specify the monitoring matrices and the possible methods of analysis for each substance. Those monitoring matrices and methods shall not entail excessive costs for the competent authorities. [Am. 85]


As soon as Suitable monitoring methods for micro-plastics and selected antimicrobial resistance genes have been

shall be
 identified

,
those substances

as soon as possible and no later than [the first day of the month following 18 months after the date of entry into force of this amending Directive]. As soon as those monitoring methods are identified
, 
micro-plastics and selected antimicrobial resistance genes
 shall be included in the watch list 
in accordance with Article 6a(2)(1)
. 
The Commission shall also consider whether including sulfates in the first watch list is necessary to improve availability of data on their presence with regard to the scope of this directive. [Am. 86]

ECHA shall prepare scientific reports to assist the Commission in selecting the substances 
and indicators of pollution
 for the watch list, taking into account the following information: [Am. 87]







(a)


Annex I to Directive 2008/105/EC of the European Parliament and of the Council (*12) and the results of the most recent review of that Annex;










(b)


the watch lists established in accordance with Directive 2008/105/EC and Directive (EU) 2020/2184 of the European Parliament and of the Council (*13);










(c)


requirements to address soil pollution, including related monitoring data;










(d)


Member States’ characterisation of river basin districts in accordance with Article 5 of Directive 2000/60/EC and the results of monitoring programmes established in accordance with Article 8 of that Directive;










(e)


information on production volumes, use patterns, intrinsic properties (including mobility in soils and, where relevant, particle size), concentrations in the environment and adverse effects to human health and the aquatic environment of a particular substance or group of substances, including information gathered in accordance with Regulation (EC) No 1907/2006 of the European Parliament and of the Council (*14), Regulation (EC) No 1107/2009 of the European Parliament and of the Council (*15), Regulation (EU) No 528/2012 of the European Parliament and of the Council (*16), Regulation (EU) 2019/6 of the European Parliament and of the Council (*17), Directive 2001/83/EC of the European Parliament and of the Council (*18) and Directive 2009/128/EC of the European Parliament and of the Council (*19);










(f)


research projects and scientific publications 
and evidence
, including information on 
the impact of material and thermal contaminants as well as impacts of aboveground and underground extractive and infrastructure activities on groundwater ecosystems and groundwater-dependent ecosystems and their biodiversity, information on
 trends and predictions

forecasts
 based on modelling or other predictive assessments and data and

, as well as
 information from

and data collected by
 remote sensing technologies, Earth observation (Copernicus services), in-situ

in situ
 sensors and devices, or citizen science data, leveraging

taking advantage of
 the opportunities offered

opened
 by artificial intelligence,

and
 advanced data analysis and processing; [Am. 88]











(g)


recommendations from stakeholders.




ECHA shall every three years prepare a report summarizing the findings of the scientific reports established under the fourth subparagraph and shall make that report publicly available. The first report shall be made available by X [OP please insert the date = the first day of the twenty first month after the date of entry into force of this Directive].


2.   A first watch list shall be established by.. [OP please insert the date = the first day of the month following 24 months after the date of entry into force of this Directive]. The watch list shall be updated 
at the latest
 every 36 months thereafter 
or more frequently if new scientific evidence emerges that would necessitate the list being updated in the interim period between individual reviews
. [Am. 89]



Member States shall evaluate every two years the impact on water quality of industrial activities related to the energy transition and inform the Commission of newly identified threats so that it can update the watch list accordingly. The evaluation shall be easily accessible to the public. [Am. 90]

When updating the watch list, the Commission shall remove any substance or group of substances from the existing watch list, for which it considers it possible to assess its risk for the aquatic environment without additional monitoring data. When the watch list is updated, an individual substance or group of substances may be kept on the watch list for another period of three years where additional monitoring data are needed to assess the risk to the aquatic environment. The updated watch list shall also include one or more additional substances for which the Commission considers, having regard to the scientific reports of ECHA, that there could be a risk to the aquatic environment.


3.   Member States shall monitor each substance or group of substances in the watch list at selected representative monitoring stations over a 24-month period. The monitoring period shall commence within six months of the establishment of the watch list.
Each Member State shall select at least one

two
 monitoring station

stations
, plus the number of stations equal to its total area in km2 of groundwater bodies divided by 
                                          60 000
                                       


                                             30 000
                                          
 (rounded to the nearest integer). [Am. 91]

In selecting the representative monitoring stations, the monitoring frequency and the seasonal timing for each substance or group of substances, Member States shall take into account the use patterns and possible occurrence of the substance or group of substances. The frequency of monitoring shall be no less than once per year.
Where a Member State is in a position to generate sufficient, comparable, representative and recent monitoring data for a particular substance or group of substances from existing monitoring programmes or studies, it may decide not to undertake additional monitoring under the watch list mechanism for that substance or group of substances, provided that the substance or group of substances was monitored using a methodology that is compliant with the monitoring matrices and the methods of analysis referred to in the implementing act establishing the watch list.


4.   Member States shall make available the results of the monitoring referred to in paragraph 3 of this Article in accordance with Article 8(4) of Directive 2000/60/EC and with the implementing act establishing the watch list as adopted pursuant to paragraph 1. They shall also make available information on the representativeness of the monitoring stations and on the monitoring strategy.


5.   ECHA shall review the monitoring results at the end of the 24-month period referred to in paragraph 3 and assess which substances or groups of substances need to be monitored for another 24-month period and therefore are to be kept in the watch list and which substances or groups of substances can be removed from the watch list.
Where the Commission, having regard to the assessment by ECHA referred to in the first subparagraph, concludes that no further monitoring is required to further assess the risk to the aquatic environment, that assessment shall be taken into account in the review of Annex I or II referred to in Article 8.



(*12)  Directive 2008/105/EC of the European Parliament and of the Council on the prevention and control of surface water pollution, 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)."
                        

(*13)  Directive (EU) 2020/2184 of the European Parliament and of the Council of 16 December 2020 on the quality of water intended for human consumption (OJ L 435, 23.12.2020, p. 1)."
                        

(*14)  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 (OJ L 396, 30.12.2006, p. 1)."
                        

(*15)  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 (OJ L 309, 24.11.2009, p. 1)."
                        

(*16)  Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (OJ L 167, 27.6.2012, p. 1)."
                        

(*17)  Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December 2018 on veterinary medicinal products (OJ L 4, 7.1.2019, p. 43)."
                        

(*18)  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 (OJ L 311, 28.11.2001, p. 67)."
                        

(*19)  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 (OJ L 309, 24.11.2009, p. 71).’
                                                      "
                        












(6a)






The following Article is inserted:



‘Article 6aa


Improving protection of groundwater ecosystems



The Commission shall, not later than [OP: please insert the date = four years after the date of entry into force of this Directive], publish an assessment of the impacts of physico-chemical elements, like pH, oxygenation, and temperature, on health of groundwater ecosystems, accompanied, where appropriate, by a legislative proposal to revise this Directive accordingly, in order to set the corresponding parameters, provide for harmonized monitoring methods, and define what would constitute a “good ecological status” for groundwater.'
’[Am. 92]














(6b)






The following Article is inserted:





                                       ‘
                                    
Article 6ab


Specific treatment for areas of high ecological value, vulnerability or pollution



The Commission shall,... [not later than four years after the entry into force of this Directive], publish an assessment of the chemical status of areas characterised by high ecological value, vulnerability or pollution, such as caves and karst areas, former industrial sites and other areas with known historical contamination, accompanied, where appropriate, by a legislative proposal to revise this Directive.
’[Am. 93]














(6c)






The following Article is inserted:



‘Article 6ac



No later than... [one year after the date of entry into force of this Directive], the Commission shall present an impact assessment examining the inclusion in this Directive of an extended producer responsibility mechanism, ensuring that producers that place on the market products containing any of the substances or compounds listed in Annex I, as well as substances of emerging concern included in the watch list under this Directive, contribute to the costs for monitoring programmes designed under Article 8 of Directive 2000/60/EC. The impact assessment shall be accompanied, where appropriate, by a legislative proposal to revise this Directive.
’[Am. 94]














(6d)






The following Article is inserted:





                                       ‘
                                    
Article 6ad


European monitoring facility



The Commission shall by... [one year after the date of entry into force of this Directive], set up a joint monitoring facility for managing the monitoring requirements when so requested by the Member States.




The Commission shall define the functioning of the monitoring facility, which shall cover, inter alia, the following:










(a)






the voluntary nature of the use of the monitoring facility, which shall be without prejudice to arrangements already put in place by the Member States;














(b)






the operational procedures for Member States that intend to make use of the monitoring facility, which shall, inter alia, include the required notification to the Commission of their exact monitoring needs or capabilities, the exact protocols for samples managing, as well as the length of time they intend to remain part of the mechanism;














(c)






the sources of funding, which may include relevant Union structural funds and programmes, as well as contributions from the private sector, including under the extended producer responsibility mechanism, once put in place in accordance with Article 6ac.
’[Am. 95]
















(7)


Article 8 is replaced by the following:

‘Article 8

Review of Annexes I to IV


1.   The Commission shall review, for the first time by … [OP: please insert the date = six

four
 years after the date of entry into force of this Directive] and every six

four
 years thereafter, the list of pollutants set out in Annex I and the quality standards for those pollutants set out in that Annex, as well as the list of pollutants and indicators set out in Part B of Annex II. [Am. 96]



2.   
Based on the review,
 the Commission is empowered to adopt delegated acts, in accordance with Article 8a,

shall, where appropriate, come forward with legislative proposals
 to amend Annex I to adapt it to technical and scientific progress by adding or removing groundwater pollutants and quality standards for those pollutants set out in that Annex
. The Commission is empowered to adopt delegated acts, in accordance with Article 8a,

and to amend Part B 
of Annex II
 in order to adapt it to technical and scientific progress by adding pollutants or indicators for which Member States have to consider establishing national thresholds. [Am. 97]



3.   The Commission is empowered to adopt delegated acts, in accordance with Article 8a, to amend Part D of Annex II in order to adapt it to scientific and technical progress by adding or amending harmonised threshold values for one or more pollutants listed in Part B of that Annex.


4.   When adopting 
legislative proposals and
 delegated acts as referred to in paragraphs 2 and 3, the Commission shall take the scientific reports prepared by ECHA pursuant to paragraph 6 of this Article into account. [Am. 98]



5.   The Commission is empowered to adopt delegated acts in accordance with Article 8a to amend Parts A and C of Annex II and Annexes III and IV in order to adapt them to scientific and technical progress.


6.   For the purpose of assisting the Commission with regard to the review of Annexes I and II, ECHA shall prepare scientific reports. Those reports shall take account of the following:






(a)


the opinion of the Committee for Risk Assessment and the Committee for Socio-Economic Analysis of ECHA;










(b)


the results of the monitoring programmes established in accordance with Article 8 of Directive 2000/60/EC;










(c)


the monitoring data collected in accordance with Article 6a(4) of this Directive;










(d)


the outcome of the reviews of the Annexes to Directive 2008/105/EC and Directive (EU) 2020/2184;










(e)


information and requirements to address soil pollution;










(f)


Union research programmes and scientific publications, including 
up-to-date
 information resulting from remote sensing technologies, earth observation (Copernicus services), in-situ sensors and devices and/or citizen science data, leveraging the opportunities offered by 
best available techniques which could include
 artificial intelligence, advanced data analysis and processing; [Am. 99]











(g)


comments and information from relevant stakeholders
, including national regulatory authorities and other relevant bodies
. [Am. 100]









6a.
   
By 12 January 2025, the Commission shall establish technical guidelines regarding methods of analysis for monitoring of per- and polyfluoroalkyl substances under the parameters “PFAS Total”. The Commission is empowered to adopt delegated acts in accordance with Article 8a amending this Directive by setting a quality standard for 'PFAS total' and amend Annex I accordingly. The Commission shall adopt these delegated acts by 12 January 2026. [Am. 101]



7.   ECHA shall, every six

four
 years, prepare and make publicly available a report, summarizing the findings of the review referred to in paragraphs 2 and 3. The first report shall be submitted to the Commission on … [OP: Please insert the date = five

three
 years after the date of entry into force of this Directive].’[Am. 102]













(8)


the following Article 8a is inserted:

‘Article 8a
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 Article 8(1) and (2)

8(2), (3) and (6a)
 shall be conferred on the Commission for an indeterminate

a
 period of time

6 years
 from [OP please insert the date = the date of entry into force of this Directive]. 
The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the 6 year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. [Am. 103]



3.   The delegation of power referred to in Article 8(1) and (2)

8(2), (3) and (6a)
 may be revoked at any time by the European Parliament and 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 the delegated acts already in force. [Am. 104]



4.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Marking

Law-Making
. [Am. 105]



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


6.   A delegated act adopted pursuant to Article 8(1) or (2)

8(2), (3) or (6a)
 shall enter into force only if no objection has been expressed either by the European Parliament or by 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 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.;’[Am. 106]













(9)


Article 9 is replaced by the following:

‘Article 9
Committee procedure

1.   The Commission shall be assisted by a Committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council (*20).


2.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Where the Committee delivers no opinion, the Commission shall not adopt the draft implementing act and Article 5(4), third subparagraph, of Regulation (EU) No 182/2011 shall apply.’;



(*20)  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).;’
                                          "
                        










(10)


Article 10 is deleted;










(11)


Annex I is replaced by the text in Annex III to this Directive;










(12)


Annex II is amended in accordance with Annex IV to this Directive;










(13)


in Annex III, point 2(c) is replaced by the following:






‘(c)


any other relevant information including a comparison of the annual arithmetic mean concentration of the relevant pollutants at a monitoring point with the groundwater quality standards set out in Annex I and with the threshold values referred to in Article 3(1), points (b) and (c).;’














(14)


in Annex IV, part B, point 1, the introductory sentence is replaced by the following:

                                 ‘the starting point for implementing measures to reverse significant and sustained upward trends
, including seasonal upward trends caused, inter alia, by low discharge of a water body,
 will be when the concentration of the pollutant reaches 75 % of the parametric values of the groundwater quality standards set out in Annex I and of the threshold values referred to in Article 3(1), points (b) and (c), unless:.’
                                 [Am. 107]







Article 3


Amendments to Directive 2008/105/EC


Directive 2008/105/EC is amended as follows:






(1)


the title is replaced by the following:

                                 ‘Directive 2008/105/EC of the European Parliament and of the Council of 16 December 2008 on the prevention and control of surface water pollution, 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;’
                              












(1b)






Article 1 is amended as follows:



‘Article 1


Subject matter



This Directive lays down environmental quality standards (EQS) for priority substances and priority hazardous substances, with the aim of achieving good surface water chemical status and in accordance with the provisions and objectives of Article 4 of Directive 2000/60/EC."
’[Am. 108]












(2)


Article 3 is amended as follows:






(a)


in paragraph 1a, first subparagraph, the following point (iii) is added:






‘(iii)


the substances numbered 5, 9, 13, 15, 17, 21, 23, 24, 28, 30, 34, 37, 41, 44 in Part A of Annex I, for which revised EQS are set, and the newly identified substances numbered 46 to 70 in Part A of Annex I, with effect from … [OP please insert the date = the first day of the month following 18 months after the date of entry into force of this Directive], with the aim of preventing deterioration in the chemical status of surface water bodies and of achieving good surface water chemical status in relation to those substances.;’














(b)


paragraph 2 is replaced by the following:

‘2.   With regard to substances for which a biota EQS or a sediment EQS is laid down in Part A of Annex I, Member States shall apply such biota EQS or sediment EQS.
With regard to substances other than those referred to in the first subparagraph, Member States shall apply the water EQS laid down in Part A of Annex I.;’











(c)


in paragraph 6, first subparagraph, the first sentence is replaced by the following:

                                             ‘Member States shall arrange for the long-term trend analysis of concentrations of those priority substances identified in Part A of Annex I as substances that tend to accumulate in sediment and/or biota, on the basis of monitoring in sediment or biota as part of the monitoring of surface water status carried out in accordance with Article 8 of Directive 2000/60/EC.;’
                                          










(d)


paragraph 7 is deleted;










(e)


paragraph 8 is replaced by the following:

‘8.   The Commission is empowered to adopt delegated acts in accordance with Article 9a to amend Part B, point 3, of Annex I in order to adapt it to scientific or technical progress.;’















(3)


Article 5 is amended as follows:






(a)


paragraph 1 is replaced by the following:

‘1.   On the basis of the information collected in accordance with Articles 5 and 8 of Directive 2000/60/EC
, and with Regulation (EU).../... of the European Parliament and of the Council (*21)

, and other available data, Member States shall establish an inventory, including maps, if available, of emissions, discharges and losses of all priority substances listed in Part A of Annex I to this Directive and all pollutants listed in Part A of Annex II 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. [Am. 109]


(*21)  
                                                            
OP: Please insert in the text the number of the Regulation contained in document COM (2022) 157.



The inventories of emissions shall be made available in an electronic database that is updated regularly and is easily accessible to the public. [Am. 110]
"
                        









(b)


paragraphs 2 and 3 are deleted;










(c)


paragraph 4 is replaced by the following:

‘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 and shall ensure that the emissions
, including those

not reported to the Industrial Emissions Portal established under Regulation (EU).../…++, are published in their river basin management plans as updated in accordance with Article 13(7) of that Directive. [Am. 112]

The reference period for the establishment of values in the updated inventories shall be the year before the year in which the analyses referred to in the first subparagraph are to be completed.

For priority substances or pollutants covered by Regulation (EC) No 1107/2009, the entries may be calculated as the average of the three years before the completion of the analysis referred to in the first subparagraph.
[Am. 113]

For point source emissions not reported in accordance with Regulation (EU)../… +++, because they do not fall under the scope of that Regulation or because they are below the annual reporting thresholds set out in that Regulation, the reporting obligation set out in the first subparagraph of this Article shall be fulfilled by electronic reporting to the Industrial Emissions Portal established under that Regulation.
The Commission shall, assisted by the European Environment Agency, adopt an implementing act establishing the format, level of granularity and frequency of the reporting referred to in the fourth subparagraph. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 9(2).;’











(d)


paragraph 5 is deleted;














(4)


In Article 7a(1), the first subparagraph is replaced by the following:

‘1.   For priority substances that fall within the scope of Regulation (EC) No 1907/2006, Regulation (EC) No 1107/2009,Regulation (EU) No 528/2012, Regulation (EU) 2019/6 of the European Parliament and of the Council (*22), or within the scope of Directive 2001/83/EC of the European Parliament and of the Council (*23), Directive 2009/128/EC of the European Parliament and of the Council (*24) or Directive 2010/75/EU, the Commission shall, as part of the report referred to in Article 18(1) of Directive 2000/60/EC

every two years
, assess whether the measures in place at Union and Member State level are sufficient to achieve the EQS for priority substances and the cessation or phasing-out objective for discharges, emissions and losses of priority hazardous substances in accordance with Article 4(1), point (a), of Directive 2000/60/EC. [Am. 114]



The hierarchy of measures to be taken shall prioritise restrictions and other control-at-source measures. In this regard, the Commission shall, where appropriate, present proposals to amend Union legal acts to ensure that discharges, emissions and losses of priority substances are halted at the source. [Am. 115]



(*22)  Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December 2018 on veterinary medicinal products and repealing Directive 2001/82/EC (OJ L 4, 7.1.2019, p. 43)."
                        

(*23)  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 (OJ L 311, 28.11.2001, p. 67)."
                        

(*24)  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 (OJ L 309, 24.11.2009, p. 71).;’
                                          "
                        












(4)






In Article 7a, paragraph 2 is replaced by the following:



‘
2.
   
The Commission shall report to the European Parliament and to the Council on the outcome of the assessment referred to in paragraph 1 of this Article no later than six months after its assessment and shall accompany its report with any appropriate proposals including for control measures.
’[Am. 116]












(5)


Article 8 is replaced by the following:

‘Article 8
Review of Annexes I and II

1.   The Commission shall review, for the first time by … [OP: Please insert the date = six

four
 years after the date of entry into force of this Directive] and every six

four
 years thereafter, the list of priority substances and the corresponding EQS for those substances set out in Part A of Annex I and the list of pollutants set out in Part A of Annex II. [Am. 117]



2.   
                                          
Based on the review,
 the Commission is empowered to adopt delegated acts

shall, where appropriate, come forward with legislative proposals
, having regard to the scientific reports prepared by the European Chemicals Agency (ECHA) pursuant to paragraph 6 of this Article, in accordance with Article 9a to amend Annex I in order to adapt it to scientific and technological progress by: [Am. 118]







(a)


adding or removing substances from the list of priority substances;










(b)


designating or undesignating selected substances as priority hazardous substances and/or as ubiquitous Persistent Bio-accumulative and Toxic substances (uPBTs) and/or as substances that tend to accumulate in sediment and/or biota in that list;










(c)


setting corresponding EQS for surface water, sediment or biota, as appropriate.






3.   The Commission is empowered to adopt delegated acts, having regard to the scientific reports prepared by ECHA pursuant to paragraph 6 of this Article, in accordance with Article 9a to amend Annex II in order to adapt it to scientific and technological progress by:






(a)


adding or removing pollutants from the list of categories pollutants set out in Part A of Annex II;










(b)


updating the methodology set out in Part B of Annex II;










(c)


listing in Part C of Annex II to this Directive those river basin specific pollutants for which it has established that EQS set at Union level are to be applied, where relevant, to ensure a harmonised and science-based implementation of the objectives set out in Article 4 of Directive 2000/60/EC, and by listing the corresponding EQS for those pollutants in Part C of Annex II to this Directive.






4.   When identifying river basin specific pollutants for which it could be necessary to set EQS at Union level, the Commission shall take into account the following criteria:






(a)


the risk posed by the pollutants, including their hazard, their environmental concentrations and the concentration above which effects might be expected
, including their cumulative effects
; [Am. 119]











(b)


the disparity between the national EQS set for river basin specific pollutants by different Member States and the degree to which such disparity is justifiable;










(c)


the number of Member States already implementing an EQS for the river basin specific pollutants under consideration.






5.   Priority substances which have, as a result of the review referred to in paragraph 1, been removed from the list of priority substances because they are no longer posing a Union-wide risk, shall be included in Part C of Annex II, listing the river basin specific pollutants and related harmonised EQS which are to be implemented where the pollutants are of national or regional concern, in accordance with Article 8d.


6.   For the purpose of assisting the Commission with regard to the review of Annexes I and II, ECHA shall prepare scientific reports. Those scientific reports shall take account of the following:






(a)


the opinions of the Committee for Risk Assessment and the Committee for Socio-Economic Analysis of ECHA;










(b)


the results of the monitoring programmes established in accordance with Article 8 of Directive 2000/60/EC;










(c)


the monitoring data collected in accordance with Article 8b(4) of this Directive;










(d)


the outcome of the reviews of the Annexes to Directive 2006/118/EC of the European Parliament and of the Council (*25) and Directive (EU) 2020/2184 of the European Parliament and of the Council (*26);










(e)


requirements to address soil pollution, including related monitoring data;










(f)


Union research programmes and scientific publications, including information resulting from remote sensing technologies, earth observation (Copernicus services), in-situ sensors and devices, and/or citizen science data, leveraging the opportunities offered by artificial intelligence, advanced data analysis and processing;










(g)


comments and information from relevant stakeholders.








6a.
   
By 12 January 2025, the Commission shall establish technical guidelines regarding methods of analysis for monitoring of per- and polyfluoroalkyl substances under the parameters “PFAS Total”. By 12 January 2026, the Commission shall adopt a delegated act in accordance with Article 9a amending this Directive by settting a quality standard for 'PFAS total' and amending Annex I accordingly. [Am. 120]





6b.
   
By... [two years after the entry into force of this Directive], the Commission shall establish technical guidelines regarding methods of analysis for monitoring of bisphenols, including at least bisphenol-A, bisphenol-B and bisphenol-S, under the parameter “Bisphenols Total”. By... [three years after the entry into force of this Directive] the Commission shall adopt a delegated act in accordance with Article 9a amending this Directive by setting an EQS for “Bisphenols Total” using a relative potency factor approach and amending Annex I accordingly. [Am. 121]



7.   ECHA shall every six

four
 years prepare and make publicly available a report summarizing the findings of the scientific reports established under paragraph 6. The first report shall be submitted to the Commission on … [OP: Please insert the date = five

three
 years after the date of entry into force of this Directive]. [Am. 122]




(*25)  Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the prevention and control of groundwater pollution (OJ L 372, 27.12.2006, p. 19)."
                        

(*26)  Directive (EU) 2020/2184 of the European Parliament and of the Council of 16 December 2020 on the quality of water intended for human consumption (OJ L 435, 23.12.2020, p. 1).’;’
                                                      "
                        










(6)


Article 8a is replaced by the following:

‘Article 8a
Specific provisions for certain substances

1.   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 the objectives and obligations laid down in Article 4(1), point (a), of that Directive, Member States may provide additional maps that present the chemical status information for one or more of the following substances separately from the information for the rest of the substances identified in Part A of Annex I to this Directive:






(a)


substances identified in Part A of Annex I as substances behaving like ubiquitous PBTs;










(b)


substances newly identified in the latest review in accordance with Article 8;










(c)


substances for which a stricter EQS has been set in the latest review in accordance with Article 8.




Member States may

shall
 present the extent of any deviation from the EQS value for the substances referred to in the first subparagraph, points (a), (b) and (c), in the river basin management plans produced in accordance with Article 13 of Directive 2000/60/EC. Member States providing additional maps as referred to in the first subparagraph shall seek to ensure their inter-comparability at river basin and Union level and shall make the data available in accordance with Directive 2003/4/EC, Directive 2007/2/EC of the European Parliament and of the Council (*27) and Directive (EU) 2019/1024 of the European Parliament and of the Council (*28). [Am. 123]



2.   Member States may monitor substances identified in Part A of Annex I as substances behaving like ubiquitous PBTs 
and which are no longer authorised and used in the Union
 less intensively than is 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 is available regarding the presence of those substances in the aquatic environment. As a guideline, in accordance with Article 3(6), second subparagraph, of this Directive, monitoring should take place every three years, unless technical knowledge and expert judgment left another interval. [Am. 124]



3.   Member States shall, from … [OP please insert the date = the first day of the month following 18 months after the date of entry into force of this Directive], for a period of two years, monitor the presence of estrogenic substances in water bodies, using effect-based monitoring methods. They shall conduct the monitoring at least four times during each of the two years at locations where the three estrogenic hormones 7-Beta estradiol (E2), Estrone (E1) and Alpha-Ethinyl estradiol (EE2) listed in Part A to Annex I to this Directive, are being monitored using conventional analytical methods in accordance with Article 8 of Directive 2000/60/EC and Annex V to that Directive. Member States may use the network of monitoring sites identified for the surveillance monitoring of representative surface water bodies in accordance with point 1.3.1 of Annex V to Directive 2000/60/EC.




3a.
   
The Commission shall, within 12 months of the two-year period referred to in paragraph 3, publish a report on the reliability of the effect-based methods by comparing the effect-based results with the results obtained using the conventional methods for monitoring the three estrogenic substances listed in paragraph 3 in anticipation of a possible setting of effect-based trigger values in the future.




Once effect-based methods are ready to use also for other substances, the Commission shall be empowered to adopt delegated acts in accordance with Article 9a to supplement this Directive by adding a requirement for the Member States to use the effect-based methods, in parallel with conventional monitoring methods, to carry out monitoring to assess the presence of those substances in water bodies. [Am. 125]




(*27)  Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE), OJ L 108, 25.4.2007, p. 1)."
                        

(*28)  Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information, OJ L 172, 26.6.2019, p. 56).;’
                                          "
                        










(7)


Article 8b is replaced by the following:

‘Article 8b
Watch list

1.   The Commission is empowered to adopt implementing acts to establish, having regard to scientific reports prepared by ECHA, a watch list of substances for which it is necessary to gather Union wide monitoring data from the Member States and to lay down the formats to be used by the Member States for reporting the results of that monitoring and related information to the Commission. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 9(2).
The watch list shall contain a maximum of 10

minimum of five
 substances or groups of substances at any one time, and

of emerging concern selected from amongst those substances for which the information available, also in accordance with the fourth subparagraph, indicates that they could pose a significant risk at Union level to, or via, the aquatic environment, and for which the monitoring data are insufficient, except where the number of substances or groups of substances for which the information available indicates that they could pose a significant risk to, or via, the aquatic environment to be selected from is less than five, in which case the watch list
 shall indicate

contain all of those substances.




In addition to the minimum number of substances or group of substances, the watch list may also contain indicators of pollution.




The watch list shall specify
 the monitoring matrices and the possible methods of analysis for each substance. Those monitoring matrices and methods shall not entail excessive costs for the competent authorities. The substances to be included in the watch list shall be selected from amongst the substances for which the information available indicates that they may pose a significant risk at Union level to, or via, the aquatic environment and for which monitoring data are insufficient. The watch list shall include substances of emerging concern.
[Am. 126]


As soon as Suitable monitoring methods for micro-plastics and selected antimicrobial resistance genes have been

shall be identified as soon as possible and no later than [the first day of the month following 18 months after the date of entry into force of this amending Directive]. As soon as those monitoring methods are
 identified, those substances

micro-plastics and selected antimicrobial resistance genes
 shall be included in the watch list 
in accordance with paragraph 2
. 
The Commission shall also consider whether including sulfates, xanthates and non-relevant metabolites of pesticides (NrMs) in the watch list is necessary to improve availability of data on their presence with regard to the scope of this directive. [Am. 127]

ECHA shall prepare scientific reports to assist the Commission in selecting the substances 
and indicators of pollution
 for the watch list, taking into account the following information: [Am. 128]







(a)


the results of the most recent regular review of Annex I to this Directive;










(b)


recommendations from the stakeholders referred to in Article 8 of Directive 2008/105/EC;










(c)


Member States’ characterisation of river basin districts in accordance with Article 5 of Directive 2000/60/EC and the results of monitoring programmes established in accordance with Article 8 of that Directive;










(d)


information on production volumes, use patterns, intrinsic properties (including, where relevant, particle size), concentrations in the environment and adverse effects to human health and the aquatic environment of a substance, including information gathered in accordance with Regulation (EC) No 1907/2006, Regulation (EC) No 1107/2009, Regulation (EU) No 528/2012, Regulation (EU) 2019/6, Directive 2001/83/EC and Directive 2009/128/EC;










(e)


research projects and scientific publications 
and evidence
, including information on trends and predictions

forecasts
 based on modelling or other predictive assessments and data and

, as well as
 information from

and data collected by
 remote sensing technologies, Earth observation (Copernicus services), in-situ

in situ
 sensors and devices, or citizen science data, leveraging

taking advantage of
 the opportunities offered

presented
 by artificial intelligence,

and
 advanced data analysis and processing.

; [Am. 129]





ECHA shall every three years prepare a report summarizing the findings of the scientific reports established under the fourth subparagraph and shall make that report publicly available. The first ECHA report shall be made available by … [OP: please insert the date = first day of the twenty first month after the date of entry into force of this Directive].


2.   The watch list shall be updated by X [OP please insert date = the last day of the twentythird

twenty-third
 month after the date of entry into force of this Directive], and 
at the latest
 every 36 months thereafter 
or more frequently if new scientific evidence emerges that would necessitate updating the list in the period between individual reviews
.


Member States shall evaluate every two years the impact on water quality of industrial activities related to the energy transition and inform the Commission of newly identified threats so that it may update the watch list accordingly. The evaluation shall be easily accessible to the public.


When updating the watch list, the Commission shall remove any substance from the existing watch list for which it considers it possible to assess its risk for the aquatic environment without additional monitoring data. When the watch list is updated, an individual substance or group of substances may be kept on the watch list for another period of maximum three years where additional monitoring data are needed to assess the risk to the aquatic environment. Each updated watch list shall also include one or more new substances for which the Commission considers, on the basis of the scientific reports of ECHA, that there is a risk for the aquatic environment. [Am. 130]



3.   Member States shall monitor each substance or group of substances in the watch list at selected representative monitoring stations over a 24-month period. The monitoring period shall commence within six months of the inclusion of the substance in the list.
Each Member State shall select at least one monitoring station, plus one station if it has more than one million inhabitants, plus the number of stations equal to its geographical area in km2 divided by 60 000 (rounded to the nearest integer), plus the number of stations equal to its population divided by five million (rounded to the nearest integer).
In selecting the representative monitoring stations, the monitoring frequency and the seasonal timing for each substance or group of substances, Member States shall take into account the use patterns and possible occurrence of the substance or group of substances. The frequency of monitoring 
frequency
 shall be no less than twice per year, except for substances that are sensitive to climatic or seasonal variabilities, for which the monitoring

. The frequency
 shall be carried out more frequently

higher
, as set out in the implementing act establishing the watch list adopted pursuant to paragraph 1
, for substances that are sensitive to climatic variations, including rainfall, and for substances whose concentration is likely to peak over short periods as a result of seasonal fluctuations in the use of those substances
. [Am. 131]

Where a Member State is able to generate and provide the Commission with sufficient, comparable, representative and recent monitoring data for a particular substance or group of substances from existing monitoring programmes or studies, it may decide not to undertake additional monitoring under the watch list mechanism for that substance or group of substances, provided that the substance or group of substances was monitored using a methodology that is compliant with the monitoring matrices and the methods of analysis referred to in the implementing act establishing the watch list, as well as with Directive 2009/90/EC (*29).


4.   Member States shall make available the results of the monitoring referred to in paragraph 3 of this Article in accordance with Article 8(4) of Directive 2000/60/EC and with the implementing act establishing the watch list adopted pursuant to paragraph 1. They shall also make available information on the representativeness of the monitoring stations and on the monitoring strategy.


5.   ECHA shall review the monitoring results at the end of the 24-month period referred to in paragraph 3 and assess which substances or groups of substances need to be monitored for another 24-month period and therefore are to be kept in the watch list and which substances or groups of substances can be removed from the watch list.
Where the Commission, having regard to the assessment by ECHA referred to in the first subparagraph,, concludes that no further monitoring is required to further assess the risk to the aquatic environment, this assessment shall be taken into account in the review of Annex I or II referred to in Article 8.’



(*29)  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 (OJ L 201, 1.8.2009, p. 36).;’
                                          "
                        












(7a)






The following Article 8ba is inserted:



‘Article 8ba



No later than... [one year after the date of entry into force of this Directive], the Commission shall present an impact assessment examining the inclusion in this Directive of an extended producer responsibility mechanism which ensures that producers that place on the market products containing any of the substances or compounds listed in Annex I, as well as substances of emerging concern included in the watch list under this Directive, contribute to the costs for monitoring programmes designed under Article 8 of Directive 2000/60/EC. The impact assessment shall be accompanied, where appropriate, by a legislative proposal to revise this Directive.’

                                       ’
                                       [Am. 132]














(7b)






The following Article is inserted:



‘Article 8bb


European monitoring facility



The Commission shall by... [one year after the date of entry into force of this Directive], set up a joint monitoring facility for managing the monitoring requirements when so requested by the Member States.




The Commission shall define the functioning of the monitoring facility, which shall cover, inter alia, the following:










(a)






the voluntary nature of the use of the monitoring facility, which shall be without prejudice to arrangements already put in place by the Member States;














(b)






the operational procedures for Member States that intend to make use of the monitoring facility, which shall, inter alia, include the required notification to the Commission, their exact monitoring needs or capabilities, the exact protocols for samples management, as well as the length of time they intend to remain part of the mechanism;














(c)






the sources of funding, which may include relevant Union structural funds and programmes, as well as contributions from the private sector, including under the extended producer responsibility mechanism, once put in place in accordance with Article 8ba.”
’[Am. 133]
















(8)


the following Article 8d is inserted:

‘Article 8d
River Basin Specific Pollutants

1.   Member States shall set and apply EQS for the river basin specific pollutants covered by the categories listed in Part A of Annex II to this Directive, where those pollutants pose a risk to water bodies in one or more of their river basin districts based on the analyses and reviews under Article 5 of Directive 2000/60/EU, in accordance with the procedure set out in Part B of Annex II to this Directive.
Member States shall, by [OP please insert the date = the first day of the month following 18 months after the date of entry into force of this Directive], inform ECHA of the EQS referred to in the first subparagraph. ECHA shall make that information publicly available.


2.   Where EQS for river basin specific pollutants have been set at Union level and listed in Part C of Annex II, in accordance with Article 8, those EQS shall take precedence over EQS for river basin specific pollutants established at national level in accordance with paragraph 1. Those EQS set at Union level shall also be applied by the Member States to establish whether the river basin specific pollutants listed in Part C of Annex II pose a risk.


3.   Compliance with the applicable national EQS or EQS set at Union level, where relevant, is required for a water body to be in good chemical status, in accordance with the definition set out in Article 2(24) of Directive 2000/60/EC.;




3a.
   
                                          
In setting and applying for EQS for the river basin specific pollutants, Member States may take into account metal bioavailablility.

                                          ’
                                          [Am. 134]















(8a)






In Article 9a, paragraph 2 is amended as follows:





                                       ‘
                                       2.
   
The power to adopt delegated acts referred to in Article 3(8), Article 8(3), (6a), (6b) and Article 8a(3a) shall be conferred on the Commission for a period of 6 years from [OP please insert the date = the date of entry into force of this Directive]. The Commission shall draw up a report in respect of the delegation of power at the latest 9 months before the end of the 6 year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
                                       ’ [Am. 135]














(8b)






In Article 9a, paragraph 3 is amended as follows:






                                          ‘3.
   
The delegation of power referred to in Article 3(8), Article 8(3), (6a), (6b) and Article 8a(3a) 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.
’[Am. 136]













(8c)





In Article 9a, paragraph 3a is inserted:






                                          ‘3a.
   
Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
’[Am. 137]













(8d)





In Article 9a, paragraph 5 is amended as follows:






                                          ‘5.
   
A delegated act adopted pursuant to Article 3(8), Article 8(3), (6a), (6b) or Article 8a(3a) 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 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.
’[Am. 138]












(9)


Article 10 is deleted;










(10)


Annex I is amended in accordance with Annex V to this Directive;










(11)


Annex II, as set out in Annex VI to this Directive, is added.






Article 4

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [OP please insert the date = the first day of the month following 18 months after the date of entry into force of this Directive].


2.   They shall forthwith communicate to the Commission the text of those provisions. 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. 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 5
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.


Article 6
This Directive is addressed to the Member States.




Done at …,


For the European Parliament


The President




For the Council


The President






(1)  OJ C,, p..

(2)  OJ C,, p..

(3)  
            
Decision (EU) 2022/591 of the European Parliament and of the Council of 6 April 2022 on a General Union Environment Action Programme to 2030.



(4)  
            
Drivers of and pressures arising from selected key water management challenges: A European overview, report 09/2021, EEA



(5)  
            

https://www.oecd.org/agriculture/topics/water-and-agriculture/




(6)  
            

https://www.eea.europa.eu/publications/state-of-water




(7)  
            

https://food.ec.europa.eu/plants/pesticides/sustainable-use-pesticides/farm-fork-targets-progress/eu-trends_en




(8)  Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, The European Green Deal (COM(2019) 640 final).

(9)  Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Chemicals Strategy for Sustainability Towards a Toxic-Free Environment COM(2020) 667 final.

(10)  Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Pathway to a Healthy Planet for All EU Action Plan: 'Towards Zero Pollution for Air, Water and Soil' COM(2021) 400 final.

(11)  Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions A European Strategy for Plastics in a Circular Economy COM/2018/028 final.

(12)  Communication from the Commission to the European Parliament, the Council, The European Economic and Social Committee and the Committee of the Regions Pharmaceutical Strategy for Europe COM/2020/761 final.

(13)  Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions EU Biodiversity Strategy for 2030 Bringing nature back into our lives COM(2020) 380 final.

(14)  Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions A Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system, COM(2020) 381 final.

(15)  Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions EU Soil Strategy for 2030 Reaping the benefits of healthy soils for people, food, nature and climate, COM/2021/699 final.

(16)  Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Shaping Europe's digital future, COM/2020/67 final.

(17)  Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on A European strategy for data, COM(2020) 66 final.

(18)  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).

(19)  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).

(20)  Decision No 2455/2001/EC of the European Parliament and of the Council of 20 November 2001 establishing the list of priority substances in the field of water policy and amending Directive 2000/60/EC (OJ L 331, 15.12.2001, p. 1).

(21)  Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration (OJ L 372, 27.12.2006, p. 19).

(22)  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 (OJ L 396, 30.12.2006, p. 1).

(23)  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 (OJ L 309, 24.11.2009, p. 1).

(24)  Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (OJ L 167, 27.6.2012, p. 1).

(25)  Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December 2018 on veterinary medicinal products and repealing Directive 2001/82/EC (OJ L 4, 7.1.2019, p. 43).

(26)  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 (OJ L 311, 28.11.2001, p. 67).

(27)  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, (OJ L 309, 24.11.2009, p. 71).

(28)  Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17).

(29)  Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment (OJ L 135, 30.5.1991, p. 40).

(30)  
            
Transcriptomic signalling in zebrafish embryos exposed to environmental concentrations of glyphosate, 2022. Effects of low-concentration glyphosate and aminomethyl phosphonic acid on zebrafish embryo development, 2021. Global transcriptomic profiling demonstrates induction of oxidative stress and compensatory cellular stress responses in brown trout exposed to glyphosate and Roundup, 2018.



(31)  
            
Commission Decision 2004/248/EC of 10 March 2004 concerning the non-inclusion of atrazine in Annex I to Council Directive91/414/EEC and the withdrawal of authorizations for plant protection products containing this active substance (OJ L 78, 16.3.2004, p. 53).



(32)  
            
Directive (EU) 2020/2184 of the European Parliament and of the Council of 16 December 2020 on the quality of water intended for human consumption (recast) (OJ L 435, 23.12.2020, p. 1).



(33)  
            
SCHEER. Contribution to ENV consultation: Comments on the Commission’s proposal for amending the WFD/GWD/EQSD, March 2023. SCHEER. Groundwater quality standards for proposed additional pollutants in the annexes to the Groundwater Directive (2006/118/EC), July 2022.



(34)  
            
EMA. Assessing the toxicological risk to human health and groundwater communities from veterinary pharmaceuticals in groundwater - Scientific guideline, April 2018.



(35)  
            
European Groundwater Memorandum: To secure the quality and quantity of drinking water for future generations, March 2022.



(36)  
            
EMA. Assessing the toxicological risk to human health and groundwater communities from veterinary pharmaceuticals in groundwater - Scientific guideline, April 2018.



(37)  Directive (EU) 2020/2184 of the European Parliament and of the Council of 16 December 2020 on the quality of water intended for human consumption (recast) (OJ L 435, 23.12.2020, p. 1).

(38)  
            

                  ‘Global burden of bacterial antimicrobial resistance in 2019: a systematic analysis’, Lancet, 19 January 2022
                  https://www.sciencedirect.com/science/article/pii/S0140673621027240?via%3Dihub




(39)  
            

https://www.sciencedirect.com/science/article/pii/S2352186422000724




(40)  Commission Staff Working Document Fitness check of the Water Framework Directive, Groundwater Directive, Environmental Quality Standards Directive and Floods Directive, SWD(2019) 439 final.

(41)  
            

https://www.igb-berlin.de/sites/default/files/media-files/download-files/IGB_Policy_Brief_WFD_2019.pdf




(42)  Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1).

(43)  Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56).

(44)  
            Regulation (EC) No 166/2006 of the European Parliament and of the Council of 18 January 2006 concerning the establishment of a European Pollutant Release and Transfer Register and amending Council Directives 91/689/EEC and 96/61/EC (OJ L 33, 4.2.2006, p. 1).


(45)  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).

(46)  
            +OP: Please insert in the text the number of the Regulation contained in document COM (2022) 157 and insert the number, date, title and OJ reference of that Directive in the footnote

(47)  
            
Case C-535/18, Judgment of the Court (First Chamber) of 28 May 2020; IL and Others v Land Nordrhein Westfalen. Case C-664/15, Judgment of the Court (Second Chamber) of 20 December 2017; Protect Natur-, Arten- und Landschaftsschutz Umweltorganisation v Bezirkshauptmannschaft Gmünd.



(48)  Decision No 1313/2013/EU of the European Parliament and of the Council of 17 December 2013 on a Union Civil Protection Mechanism (OJ L 347, 20.12.2013, p. 924).

(49)  
            
OECD, 6th Roundtable on Financing Water. Available at: https://www.oecd.org/water/6th-Roundtable-on-Financing-Water-in-Europe-Summary-and-Highlights.pdf








Annex I
Annex V to Directive 2000/60/EC is amended as follows:






(1)


points 1.1.1. to 1.1.4. are replaced by the following:
‘1.1.1.   Rivers






 


Biological elements






 


Composition and abundance of aquatic flora










 


Composition and abundance of benthic invertebrate fauna










 


Composition, abundance and age structure of fish fauna










 


Hydromorphological elements supporting the biological elements














 


Hydrological regime






 


quantity and dynamics of water flow










 


connection to groundwater bodies










 


River continuity














 


Morphological conditions






 


river depth and width variation










 


structure and substrate of the river bed










 


structure of the riparian zone










 


General physico-chemical elements supporting the biological elements










 


Thermal conditions










 


Oxygenation conditions










 


Salinity










 


Acidification status










 


Nutrient conditions








1.1.2.   Lakes






 


Biological elements






 


Composition, abundance and biomass of phytoplankton










 


Composition and abundance of other aquatic flora










 


Composition and abundance of benthic invertebrate fauna










 


Composition, abundance and age structure of fish fauna










 


Hydromorphological elements supporting the biological elements














 


Hydrological regime






 


quantity and dynamics of water flow










 


residence time










 


connection to the groundwater body














 


Morphological conditions






 


lake depth variation










 


quantity, structure and substrate of the lake bed










 


structure of the lake shore










 


General physico-chemical elements supporting the biological elements










 


Transparency










 


Thermal conditions










 


Oxygenation conditions










 


Salinity










 


Acidification status










 


Nutrient conditions








1.1.3.   Transitional waters






 


Biological elements






 


Composition, abundance and biomass of phytoplankton










 


Composition and abundance of other aquatic flora










 


Composition and abundance of benthic invertebrate fauna










 


Composition and abundance of fish fauna










 


Hydro-morphological elements supporting the biological elements














 


Morphological conditions






 


depth variation










 


quantity, structure and substrate of the bed










 


structure of the intertidal zone














 


Tidal regime






 


freshwater flow










 


wave exposure










 


General physico-chemical elements supporting the biological elements










 


Transparency










 


Thermal conditions










 


Oxygenation conditions










 


Salinity










 


Nutrient conditions








1.1.4.   Coastal waters






 


Biological elements






 


Composition, abundance and biomass of phytoplankton










 


Composition and abundance of other aquatic flora










 


Composition and abundance of benthic invertebrate fauna










 


Hydromorphological elements supporting the biological elements














 


Morphological conditions






 


depth variation










 


structure and substrate of the coastal bed










 


structure of the intertidal zone














 


Tidal regime






 


direction of dominant currents










 


wave exposure










 


General physico-chemical elements supporting the biological elements










 


Transparency










 


Thermal conditions










 


Oxygenation conditions










 


Salinity










 


Nutrient conditions.;’
                                       


















(2)


in point 1.2.1, the table ‘Physio-chemical quality elements’ is replaced by the following:
‘General physico-chemical quality elements








Element


High status


Good status


Moderate status




General conditions


The values of the general physico-chemical elements correspond totally or nearly totally to undisturbed conditions. Nutrient concentrations remain within the range normally associated with undisturbed conditions. Levels of salinity, pH, oxygen balance, acid neutralising capacity and temperature do not show signs of anthropogenic disturbance and remain within the range normally associated with undisturbed conditions.


Temperature, oxygen balance, pH, acid neutralising capacity and salinity do not reach levels outside the range established so as to ensure the functioning of the type specific ecosystem and the achievement of the values specified above for the biological quality elements. Nutrient concentrations do not exceed the levels established so as to ensure the functioning of the ecosystem and the achievement of the values specified above for the biological quality elements.


Conditions consistent with the achievement of the values specified above for the biological quality elements.;














(3)


in point 1.2.2, the table ‘Physio-chemical quality elements’ is replaced by the following:
‘General physico-chemical quality elements








Element


High status


Good status


Moderate status




General conditions


The values of the general physico-chemical elements correspond totally or nearly totally to undisturbed conditions. Nutrient concentrations remain within the range normally associated with undisturbed conditions. Levels of salinity, pH, oxygen balance, acid neutralising capacity, transparency and temperature do not show signs of anthropogenic disturbance and remain within the range normally associated with undisturbed conditions.


Temperature, oxygen balance, pH, acid neutralising capacity, transparency and salinity do not reach levels outside the range established so as to ensure the functioning of the ecosystem and the achievement of the values specified above for the biological quality elements. Nutrient concentrations do not exceed the levels established so as to ensure the functioning of the ecosystem and the achievement of the values specified above for the biological quality elements.


Conditions consistent with the achievement of the values specified above for the biological quality elements.;














(4)


in point 1.2.3, the table ‘Physio-chemical quality elements’ is replaced by the following:
‘General physico-chemical quality elements








Element


High status


Good status


Moderate status




General conditions


The general physico-chemical elements correspond totally or nearly totally to undisturbed conditions. Nutrient concentrations remain within the range normally associated with undisturbed conditions. Temperature, oxygen balance and transparency do not show signs of anthropogenic disturbance and remain within the range normally associated with undisturbed conditions.


Temperature, oxygenation conditions and transparency do not reach levels outside the ranges established so as to ensure the functioning of the ecosystem and the achievement of the values specified above for the biological quality elements. Nutrient concentrations do not exceed the levels established so as to ensure the functioning of the ecosystem and the achievement of the values specified above for the biological quality elements.


Conditions consistent with the achievement of the values specified above for the biological quality elements.;














(5)


in point 1.2.4, the table ‘Physio-chemical quality elements’ is replaced by the following:
‘General physico-chemical quality elements








Element


High status


Good status


Moderate status




General conditions


The general physico-chemical elements correspond totally or nearly totally to undisturbed conditions. Nutrient concentrations remain within the range normally associated with undisturbed conditions. Temperature, oxygen balance and transparency do not show signs of anthropogenic disturbance and remain within the ranges normally associated with undisturbed conditions.


Temperature, oxygenation conditions and transparency do not reach levels outside the ranges established so as to ensure the functioning of the ecosystem and the achievement of the values specified above for the biological quality elements. Nutrient concentrations do not exceed the levels established so as to ensure the functioning of the ecosystem and the achievement of the values specified above for the biological quality elements.


Conditions consistent with the achievement of the values specified above for the biological quality elements.;














(6)


in point 1.2.5, the table is amended as follows:






(a)


the fifth row for the entry ‘Specific synthetic pollutants’ is deleted;










(b)


the sixth row for the entry ‘Specific non-synthetic pollutants’ is deleted;










(c)


the seventh row for table note (1) is deleted;














(7)


point 1.2.6 is deleted;










(8)


in point 1.3, the following fourth and fifth paragraphs are added:

                        ‘Where the monitoring network involves earth observation and remote sensing rather than local sampling points, or other innovative techniques, the map of the monitoring network shall include information on the quality elements and the water bodies or groups of water bodies which have been monitored using such monitoring methods. Reference shall be made to CEN, ISO, or other international or national standards that have been applied to ensure that the temporal and spatial data obtained are as reliable as those obtained through the use of conventional monitoring methods at local sampling points.
Member States may apply passive sampling methods to monitor chemical pollutants, where appropriate, in particular for screening purposes, on the condition that those sampling methods do not underestimate the concentrations of pollutants for which environmental quality standards apply, and thus reliably identify “failure to achieve good status”, and that chemical analysis of water, biota or sediment samples, according to the environmental quality standards applied, is conducted wherever such failure is observed. Member States may also apply effect-based sampling methods subject to the same conditions.;’
                     










(9)


in point 1.3.1., the last paragraph, ‘Selection of quality elements’, is replaced by the following:

                        ‘Selection of quality elements
Surveillance monitoring shall be carried out for each monitoring site for a period of one year during the period covered by a river basin management plan. The surveillance monitoring shall coverthe following:






(a)


parameters indicative of all biological quality elements;










(b)


parameters indicative of all hydromorphological quality elements;










(c)


parameters indicative of all general physico-chemical quality elements;










(d)


priority list pollutants which are discharged or otherwise deposited into the river basin or sub-basin;










(e)


other pollutants discharged or otherwise deposited in significant quantities in the river basin or sub-basin.




However, where the previous surveillance monitoring exercise showed that the body concerned reached good status and there is no evidence from the review of impact of human activity referred to in Annex II that the impacts on the body have changed, the surveillance monitoring shall be carried out once during the period covered by three consecutive river basin management plans.;’
                     










(10)


point 1.3.2. is amended as follows:






‘(a)


in the third paragraph, “Selection of monitoring sites”, the first sentence is replaced by the following:
‘Operational monitoring shall be carried out for all those bodies of water which on the basis of either the impact assessment carried out in accordance with Annex II or surveillance monitoring are identified as being at risk of failing to meet their environmental objectives under Article 4 and for those bodies of water into which priority list substances are discharged or otherwise deposited or into which river basin specific pollutants are discharged or otherwise deposited in significant quantities.;










(b)


in the fourth paragraph, “Selection of quality elements”, the second indent is replaced by the following:






“–


all priority substances discharged or otherwise deposited into water bodies and all river basin specific pollutants discharged or otherwise deposited into water bodies in significant quantities.;”’




















(10a)






In point 1.3.4, paragraph 4 is amended as follows:



                  ‘
                  
Monitoring frequencies shall be selected, and increased if necessary, to take account of the variability in parameters resulting from both natural and anthropogenic conditions. Furthermore, the times at which monitoring is undertaken shall be selected so as to take account of the impact on the status assessment of seasonal fluctuations in substance use and of variation in water levels and thus ensure that the results reflect changes in the water body caused by anthropogenic pressure and by climatic variation. As regards priority substances that are sensitive to climatic variations and priority substances whose concentration is likely to peak over short periods as a result of seasonal fluctuations in the use of these substances, the monitoring shall be carried out more frequently than for other substances.

                  ’
                  [Am. 139]











(11)


in point 1.3.4, the table, the sixth row under the heading ‘Physico-chemical’, the words ‘Other pollutants’ are replaced by ‘River basin specific pollutants’;










(12)


point 1.4.1 is amended as follows:






(a)


in point (vii), the second sentence is deleted.;










(b)


point (viii) is deleted;










(c)


point (ix) is replaced by the following:






‘(ix)


The results of the intercalibration exercise and the values established for the Member State monitoring system classifications in accordance with points (i) to (viii) shall be published within six months of the adoption of the delegated act in accordance with Article 20.;’


















(13)


in point 1.4.2, point (iii) is deleted;










(14)


in point 1.4.3, the first paragraph, the first sentence is replaced by the following:

                        ‘A body of water shall be recorded as achieving good chemical status where it is compliant with all the environmental quality standards set out in Part A of Annex I to Directive 2008/105/EC and the environmental quality standards established pursuant to Articles 8 and 8d of that Directive.;’
                     










(15)


in point 2.2.1., the following paragraph is added:

                        ‘Where the monitoring network involves earth observation methods or remote sensing rather than local sampling points, or other innovative techniques, reference shall be made to CEN, ISO, or other international or national standards that have been applied to ensure that the temporal and spatial data obtained are as reliable as those obtained through the use of conventional monitoring methods at local sampling points.;’
                     










(16)


point 2.3.2. is replaced by the following:






‘2.3.2.


Definition of good groundwater chemical status






Elements


Good status




General


The chemical composition of the groundwater body is such that the concentrations of pollutants: — as specified below, do not exhibit the effects of saline or other intrusions — do not exceed the groundwater quality standards as referred to in Annex I to Directive 2006/118/EC, the threshold values for groundwater pollutants and indicators of pollution set pursuant to Article 3(1), point (b), of that Directive and the Union wide threshold values set pursuant to Article 8(3) of that Directive — are not such as would result in failure to achieve the environmental objectives specified under Article 4 for associated surface waters nor any significant diminution of the ecological or chemical quality of such bodies nor in any significant damage to terrestrial ecosystems which depend directly on the groundwater body




Conductivity


Changes in conductivity are not indicative of saline or other intrusion into the groundwater body;’


















(17)


in point 2.4.1., the following paragraph is added:

                        ‘Where the monitoring network involves earth observation or remote sensing rather than local sampling points, or other innovative techniques, reference shall be made to CEN, ISO, or other international or national standards that have been applied to ensure that the temporal and spatial data obtained are as reliable as those obtained through the use of conventional monitoring methods at local sampling points.;’
                     










(18)


point 2.4.5. is replaced by the following:
‘2.4.5.   Interpretation and presentation of groundwater chemical status
In assessing the chemical status of groundwater, the results of individual monitoring points within a groundwater body shall be aggregated for the body as a whole. The mean value of the results of monitoring at each point in the groundwater body or group of bodies shall be calculated for the following parameters:






(a)


chemical parameters for which quality standards have been set in Annex I to Directive 2006/118/EC;










(b)


chemical parameters for which national thresholds have been set pursuant to Article 3(1), point (b), of Directive 2006/118/EC;










(c)


chemical parameters for which Union wide thresholds have been set pursuant to Article 8(3) of Directive 2006/118/EC.




The mean values referred to in the first paragraph shall be used to demonstrate compliance with good groundwater chemical status defined by reference to the quality standards and threshold values referred to in the first paragraph.
Subject to point 2.5, Member States shall provide a map of groundwater chemical status, colour-coded as follows:






 


Good: green










 


Poor: red




Member States shall also indicate by a black dot on the map, those groundwater bodies which are subject to a significant and sustained upward trend

trends, including seasonal upward trends caused, inter alia, by a low discharge of a water body,
 in the concentrations of any pollutant resulting from the impact of human activity. Reversal of a trend shall be indicated by a blue dot on the map. [Am. 140]

These maps shall be included in the river basin management plans..’
                        










Annex II

Annex VIII of Directive 2000/60/EC is amended as follows:






(1)


point 10 is replaced by the following:






‘10.


Materials in suspension, including micro/nanoplastics.

, as well as materials known to give rise to micro- or nanoplastics
;’[Am. 141]















(2)


point 13 is added:






‘13.


Microorganisms, genes or genetic material reflecting the presence of microorganisms resistant to antimicrobial agents, in particular microorganisms pathogenic to humans or livestock..’













Annex III



‘ANNEX I

GROUNDWATER QUALITY STANDARDS (QS)







Note 1:


The QS for the pollutants listed under entries 3 to 7 shall apply from … [OP: please insert the date = the first day of the month following 18

6
 months after the entry into force of this amending Directive], with the aim of achieving good water chemical status at the latest by 22 December 2033. [Am. 142]







Where, for a given body of groundwater, in particular one situated in the ecological network of special areas of conservation under Council Directive 92/43/EEC, it is considered that the groundwater quality standards could result in a failure to achieve the environmental objectives specified in Article 4 of Directive 2000/60/EC for associated bodies of surface water, or in any significant deterioration of the ecological or chemical quality of such bodies, or in any significant damage to groundwater or terrestrial ecosystems which depend directly on that body of groundwater, more stringent threshold values shall be established in accordance with Article 3 and Annex II to this Directive. Programmes and measures required in relation to such threshold values shall also apply to activities falling within the scope of Directive 91/676/EEC. [Am. 143]











(1)


(2)


(3)


(4)


(5)


(6)




[Entry] No


Name of substance


Category of substances


CAS number (1)



EU number (2)



Quality Standard (3) [μg/l unless otherwise indicated]




1


Nitrates


Nutrients


not applicable


not applicable


50  mg/l




2 [Am. 144]



Active substances in pesticides, including their relevant metabolites, degradation and reaction products (4)


Pesticides


not applicable


not applicable



0,1 

0,05 
 (individual)

 (5)








0,5 

0,25 
 (total) (6)





3


Per- and poly-fluorinated alkyl substances (PFAS) - sum of 24 (6)


Industrial substances


See table note 6


See table note 6


0,0044  (8)







3a [Am. 145]





PFAS - total






Industrial substances






not applicable






not applicable







 (9)







4 [Am. 146]



Carbamazepine


Pharmaceuticals


298-46-4


not applicable



0,25 

0,025 






5


Sulfamethoxazole


Pharmaceuticals


723-46-6


not applicable


0,01 




6 [Am. 147]



Pharmaceutical active substances – total (10)



Pharmaceuticals


not applicable


not applicable



0,25 

0,025 






7 [Am. 148]



Non-relevant metabolites of pesticides (nrMs)


Pesticides


not applicable


not applicable


0,1 
 (11) or 1  (12) or 2,5  or 5  (13)
 (individual)




0,5 
 (11) or 5  (12) or 12,5  (13)
 (total) (14)







            ’
         


(1)  CAS: Chemical Abstracts Service.

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

(3)  This parameter is the QS expressed as an annual average value. Unless otherwise specified, it applies to the total concentration of all substances and isomers.

(4)  
            “Pesticides” means plant protection products and biocidal products referred to in Article 2 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 in Article 3 of Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products, respectively.

(5)  
            
This threshold value shall only apply pending the Commission’s review.



(6)  
            “Total” means the sum of all individual pesticides detected and quantified in the monitoring procedure, including their relevant metabolites, degradation and reaction products. 
The threshold value set for the sum of all individual pesticides shall only apply pending the Commission’s review.



(7)  This refers to the following compounds, listed with their CAS number, EU number and Relative Potency Factor (RPF): Perfluorooctanoic acid (PFOA) (CAS 335-67-1, EU 206-397-9) (RPF 1), Perfluorooctane sulfonic acid (PFOS) (CAS 1763-23-1, EU 217-179-8) (RPF 2), Perfluorohexane sulfonic acid (PFHxS) (CAS 355-46-4, EU 206-587-1) (RPF 0,6)), Perfluorononanoic acid (PFNA) (CAS 375-95-1, EU 206-801-3) (RPF 10), Perfluorobutane sulfonic acid (PFBS) (CAS 375-73-5, EU 206-793-1) (RPF 0,001), Perfluorohexanoic acid (PFHxA) (CAS 307-24-4, EU 206-196-6) (RPF 0,01), Perfluorobutanoic acid (PFBA) (CAS 375-22-4, EU 206-786-3) (RPF 0,05), Perfluoropentanoic acid (PFPeA) (CAS 2706-90-3, EU 220-300-7) (RPF 0,03), Perfluoropentane sulfonic acid (PFPeS) (CAS 2706-91-4, EU 220-301-2) (RPF 0,3005), Perfluorodecanoic acid (PFDA) (CAS 335-76-2, EU 206-400-3) (RPF 7), Perfluorododecanoic acid (PFDoDA or PFDoA) (CAS 307-55-1, EU 206-203-2) (RPF 3), Perfluoroundecanoic acid (PFUnDA or PFUnA) (CAS 2058-94-8, EU 218-165-4) (RPF 4), Perfluoroheptanoic acid (PFHpA) (CAS 375-85-9, EU 206-798-9) (RPF 0,505), Perfluorotridecanoic acid (PFTrDA) (CAS 72629-94-8, EU 276-745-2) (RPF 1,65), Perfluoroheptane sulfonic acid (PFHpS) (CAS 375-92-8, EU 206-800-8) (RPF 1,3), Perfluorodecane sulfonic acid (PFDS) (CAS 335-77-3, EU 206-401-9) (RPF 2), Perfluorotetradecanoic acid (PFTeDA) (CAS 376-06-7, EU 206-803-4) (RPF 0,3), Perfluorohexadecanoic acid (PFHxDA) (CAS 67905-19-5, EU 267-638-1) (RPF 0,02), Perfluorooctadecanoic acid (PFODA) (CAS 16517-11-6, EU 240-582-5) (RPF 0,02), Ammonium perfluoro (2-methyl-3-oxahexanoate) (HFPO-DA or Gen X) (CAS 62037-80-3) (RPF 0,06), Propanoic Acid / Ammonium 2,2,3-trifluoro-3-(1,1,2,2,3,3-hexafluoro-3-(trifluoromethoxy)propoxy)propanoate (ADONA) (CAS 958445-44-8) (RPF 0,03), 2- (Perfluorohexyl)ethyl alcohol (6:2 FTOH) (CAS 647-42-7, EU 211-477-1) (RPF 0,02), 2-(Perfluorooctyl)ethanol (8:2 FTOH) (CAS 678-39-7, EU 211-648-0) (RPF 0,04) and Acetic acid / 2,2-difluoro-2-((2,2,4,5-tetrafluoro-5-(trifluoromethoxy)-1,3-dioxolan-4-yl)oxy)- (C6O4) (CAS 1190931-41-9) (RPF 0,06).

(8)  The QS refers to the sum of the 24 PFAS listed in footnote 6 expressed as PFOA-equivalents based on the potencies of the substances relative to that of PFOA, i.e. the RPFs in footnote 6.

(9)  
            
The quality standard shall be set by the Commission by delegated act.



(10)  
            “Total” means the sum of all individual pharmaceuticals detected and quantified in the monitoring procedure, including relevant metabolites and degradation products.

(11)  
            Applicable to “data-poor” nrMs, i.e. nrMs for which no reliable experimental data on chronic or acute effects of the nrM are available on the taxonomic group confidently predicted to be the most sensitive.


(12)  
            Applicable to “data-fair” nrMs, i.e. nrMs for which reliable experimental data on chronic or acute effects of the nrM are available on the taxonomic group confidently predicted to be the most sensitive, but where the data are insufficient to qualify the substances as “data-rich”.


(13)  
            Applicable to “data-rich” nrMs, i.e. nrMs for which reliable experimental data, or equally reliable data obtained by alternative scientifically validated methods, are available on chronic or acute effects of the nrM on at least one species each of algae, of invertebrates, and of fish, allowing the most-sensitive taxonomic group to be confidently confirmed, and for which a QS can be calculated using a deterministic approach based on reliable chronic experimental toxicity data on that taxonomic group; Member States may apply for this purpose the latest guidance established in the framework of the Common Implementation Strategy for Directive 2000/60/EC (Guidance document No. 27, as updated). The QS of 2,5 for individual nrMs shall apply unless the QS calculated by the deterministic approach is higher, in which case a QS of 5 shall apply.


(14)  
            “Total” means the sum of all individual nrMs in each data category detected and quantified in the monitoring procedure.





Annex IV
Annex II of Directive 2006/118/EC is amended as follows:






(1)


in part A, the following paragraph is inserted after the first paragraph:

                        ‘Member States shall ensure that competent authorities inform the European Chemicals Agency ECHA of threshold values for pollutants and indicators of pollution. ECHA shall publish that information without delay.;’
                     












(1a)






in part B, the title is replaced by the following:



                        ‘
                        
Minimum list of pollutants and their indicators for which Member States have to establish threshold values in accordance with Article 3

                        ’
                        [Am. 149]











(2)


in part B, point 2 is replaced by the following:






‘2.


Man-made synthetic substances






 


Primidone










 


Trichloroethylene










 


Tetrachloroethylene’
                                       


















(3)


in Part C, the title is replaced by the following:

                        ‘Information to be provided by Member States with regard to the pollutants and their indicators for which threshold values have been established by the Member States;’
                     










(4)


the following Part D is added:

                                 ‘Part D
Repository of harmonised threshold values for groundwater pollutants of national, regional or local concern










(1)


(2)


(3)


(4)


(5)


(6)




[Entry] No


Name of substance


Category of substances


CAS number (1)



EU number (2)



Threshold value [μg/l unless otherwise indicated]




1


Trichloroethylene and Tetrachloroethylene (sum of two)


Industrial substances


79-01-6 and 127-18-4


201-167-4 and 204-825-9


10 (total) (3)











(1)  CAS: Chemical Abstracts Service.

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

(3)  
            “Total” means the sum of concentrations of Trichloroethylene and Tetrachloroethylene’
         





Annex V
Annex I to Directive 2008/105/EC is amended as follows:






(1)


the title is replaced by the following:

                        ‘ENVIRONMENTAL QUALITY STANDARDS (EQS) FOR PRIORITY SUBSTANCES IN SURFACE WATERS;’
                     










(2)


Part A is replaced by the following:

                        ‘PART A: ENVIRONMENTAL QUALITY STANDARDS






Note 1:


Where an EQS is listed between [], this value is subject to confirmation in the light of the opinion requested from the Scientific Committee on Health, Environmental and Emerging Risks.





















(1)


(2)


(3)


(4)


(5)


(6)


(7)


(8)


(9)


(10)


(11)


(12)


(13)




[Entry] N°


Name of substance


Category of substances


CAS number (1)



EU number (2)



AA-EQS (3) Inland surface waters (4)

[μg/l]


AA-EQS (3)

Other surface waters
[μg/l]


MAC-EQS (5)

Inland surface waters (4)

[μg/l]


MAC-EQS (5)

Other surface waters
[μg/l]


EQS
Biota (6)

[μg/kg wet weight]
or EQS Sediment [μg /kg dry weight] whe49re so indicated


Identified as a priority hazardous substance


Identified as an Ubiquitous Persistent, Bioaccumulative and Toxic (uPBT) substance


Identified as a substance that tends to accumulate in sediment and/or biota




(1)


The substance Alachlor has been moved to Part C of Annex II




(2)


Anthracene


Industrial substances


120-12-7


204-371-1


0,1 


0,1 


0,1 


0,1 


 


X


 


X




(3) [Am. 150]



Atrazine


Herbicides


1912-24-9


217-617-8



0,6 

0,1 





0,6 

0,01 




2,0 


2,0 


 


 


 


 




(4)


Benzene


Industrial substances


71-43-2


200-753-7


10 


8 


50 


50 


 


 


 


 




(5)


Brominated diphenylethers


Industrial substances


not applicable


not applicable


 


 


0,14  (7)



0,014  (7)



[0,00028 ] (7)



X (8)



X


X




(6)


Cadmium and its compounds
(depending on water hardness classes) (9)



Metals


7440-43-9


231-152-8


≤ 0,08  (Class 1 )
0,08  (Class 2 )
0,09  (Class 3 )
0,15  (Class 4 )
0,25  (Class 5 )


0,2 


≤ 0,45  (Class 1 )
0,45  (Class 2 )
0,6  (Class 3 )
0,9  (Class 4 )
1,5  (Class 5 )


≤ 0,45  (Class 1 )
0,45  (Class 2 )
0,6  (Class 3 )
0,9  (Class 4 )
1,5  (Class 5 )


 


X


 


X




(6a)


The substance Carbon tetrachloride has been moved to Part C of Annex II




(7)


C10-13 Chloroalkanes (10)



Industrial substances


85535-84-8


287-476-5


0,4 


0,4 


1,4 


1,4 


 


X


 


X




(8)


The substance Chlorfenvinphos has been moved to Part C of Annex II




(9)


Chlorpyrifos (Chlorpyrifos-ethyl)


Organophosphate pesticides


2921-88-2


220-864-4


4,6  × 10 -4 



4,6  × 10 -5 



0,0026 


5,2  × 10 -4 



 


X


X


X




(9a)


Cyclodiene pesticides:
Aldrin
Dieldrin
Endrin
Isodrin


Organochlorine pesticides


309-00-2
60-57-1
72-20-8
465-73-6


206-215-8
200-484-5
200-775-7
207-366-2


Σ = 0,01 


Σ = 0,005 


not applicable


not applicable


 


X


 


 




(9b)


DDT total (11)



Organochlorine pesticides


not applicable


not applicable


0,025 


0,025 


not applicable


not applicable


 


X


 


 




 


para-para-DDT


 


50-29-3


200-024-3


0,01 


0,01 


not applicable


not applicable


 


X


 


 




(10)


1,2-Dichloroethane


Industrial substances


107-06-2


203-458-1


10 


10 


not applicable


not applicable


 


X


 


 




(11)


Dichloromethane


Industrial substances


75-09-2


200-838-9


20 


20 


not applicable


not applicable


 


 


 


 




(12)


Di(2-ethylhexyl)- phthalate (DEHP)


Industrial substances


117-81-7


204-211-0


1,3 


1,3 


not applicable


not applicable


 


X


 


X




(13)


Diuron


Herbicides


330-54-1


206-354-4


0,049 


0,0049 


0,27 


0,054 


 


 


 


 




(14)


Endosulfan


Organochlorine pesticides


115-29-7


204-079-4


0,005 


0,0005 


0,01 


0,004 


 


X


 


 




(15)


Fluoranthene


Industrial substances


206-44-0


205-912-4


7,62  × 10 -4 



7,62  × 10 -4 



0,12 


0,012 


6,1 


X


X


X




(16)


Hexachlorobenzene


Organochlorine pesticides


118-74-1


204-273-9


 


 


0,5 


0,05 


20 


X


 


X




(17)


Hexachlorobutadiene


Industrial substances (solvents)


87-68-3


201-765-5


9  × 10 -4 



 


0,6 


0,6 


21 


X


 


X




(18)


Hexachlorocyclohexane


Insecticides


608-73-1


210-168-9


0,02 


0,002 


0,04 


0,02 


 


X


 


X




(19)


Isoproturon


Herbicides


34123-59-6


251-835-4


0,3 


0,3 


1,0 


1,0 


 


 


 


 




(20)


Lead and its compounds


Metals


7439-92-1


231-100-4


1,2  (12)



1,3 


14 


14 


 


X


 


X




(21)


Mercury and its compounds


Metals


7439-97-6


231-106-7


 


 


0,07 


0,07 


[10 ] (13)



X


X


X




(22)


Naphthalene


Industrial substances


91-20-3


202-049-5


2 


2 


130 


130 


 


 


 


 




(23)


Nickel and its compounds


Metals


7440-02-0


231-111-4


2  (12)



3,1 


8,2 


8,2 


 


 


 


 




(24)


Nonylphenols (14)(4-Nonylphenol)


Industrial substances


84852-15-3


284-325-5


0,037 


0,0018 


2,1 


0,17 


 


X


 


 




(25)


Octylphenols (15) ((4-(1,1',3,3'-tetramethylbutyl)- phenol))


Industrial substances


140-66-9


205-426-2


0,1 


0,01 


not applicable


not applicable


 


X


 


 




(26)


Pentachlorobenzene


Industrial substances


608-93-5


210-172-0


0,007 


0,0007 


not applicable


not applicable


 


X


 


X




(27)


Pentachlorophenol


Organochlorine pesticides


87-86-5


201-778-6


0,4 


0,4 


1 


1 


 


X


 


 




(28)


Polyaromatic hydrocarbons (PAHs) (16)



Combustion products


not applicable


not applicable


not applicable


not applicable


not applicable


not applicable


Sum of Benzo(a)pyrene equivalents [0,6 ] (17)



X


X


X




 


Benzo(a)pyrene


 


50-32-8


200-028-5


 


 


0,27 


0,027 


[0,6 ]


 


 


 




Benzo(b)fluoranthene


 


205-99-2


205-911-9


 


 


0,017 


0,017 


see footnote 17 


 


 


 




Benzo(k)fluoranthene


 


207-08-9


205-916-6


 


 


0,017 


0,017 


see footnote 17 


 


 


 




Benzo(g,h,i)perylene


 


191-24-2


205-883-8


 


 


8,2  × 10 -3 



8,2  × 10 -4 



see footnote 17 


 


 


 




Indeno(1,2,3-cd)pyrene


 


193-39-5


205-893-2


 


 


not applicable


not applicable


see footnote 17 


 


 


 




Chrysene


 


218-01-9


205-923-4


 


 


0,07 


0,007 


see footnote 17 


 


 


 




Benzo(a)anthracene


 


56-55-3


200-280-6


 


 


0,1 


0,01 


see footnote 17 


 


 


 




Dibenz(a,h)anthracene


53-70-3


200-181-8


 


 


0,014 


0,0014 


see footnote 17 


 


 


 




(29)


The Substance Simazine has been moved to Part C of Annex II




(29a)


Tetrachloroethylene


Industrial substances


127-18-4


204-825-9


10 


10 


not applicable


not applicable


 


 


 


 




(29b)


Trichloroethylene


Industrial substances


79-01-6


201-167-4


10 


10 


not applicable


not applicable


 


X


 


 




(30)


Tributyltin compounds (18) (Tributyltin-cation)


Biocides


36643-28-4


not applicable


0,0002 


0,0002 


0,0015 


0,0015 


[1,3 ] (19)



X


X


X




(31)


Trichlorobenzenes


Industrial substances (solvents)


12002-48-1


234-413-4


0,4 


0,4 


not applicable


not applicable


 


 


 


 




(32)


Trichloromethane


Industrial substances


67-66-3


200-663-8


2,5 


2,5 


not applicable


not applicable


 


 


 


 




(33)


Trifluralin


Herbicides


1582-09-8


216-428-8


0,03 


0,03 


not applicable


not applicable


 


X


 


 




(34)


Dicofol


Organochlorine pesticides


115-32-2


204-082-0


[4,45  × 10 -3 ]


[0,185  × 10 -3 ]


not applicable (20)



not applicable (20)



[5,45 ]


X


 


X




(35)


Perfluorooctane sulfonic acid and its derivatives (PFOS)


Industrial substances


1763-23-1


217-179-8


Coverd by substance group 65  (Per- and poly-fluorinated alkyl substances (PFAS) – sum of 24 )




(36)


Quinoxyfen


Plant protection products


124495-18-7


not applicable


0,15 


0,015 


2,7 


0,54 


 


X


 


X




(37)


Dioxins and dioxin-like compounds (21)



Industrial byproducts


not applicable


not applicable


 


 


not applicable


not applicable


Sum of PCDDs+ PCDFs+ PCB-DLs
equivalents [3,5 10-5 ] (25)



X


X


X




(38)


Aclonifen


Herbicides


74070-46-5


277-704-1


0,12 


0,012 


0,12 


0,012 


 


 


 


 




(39)


Bifenox


Herbicides


42576-02-3


255-894-7


0,012 


0,0012 


0,04 


0,004 


 


 


 


 




(40)


Cybutryne


Biocides


28159-98-0


248-872-3


0,0025 


0,0025 


0,016 


0,016 


 


 


 


 




(41)


Cypermethrin (26)



Pyrethroid pesticides


52315-07-8


257-842-9


3  × 10 -5 



3  × 10 -6 



6  × 10 -4 



6  × 10 -5 



 


 


 


X




(42)


Dichlorvos


Organophosphate pesticides


62-73-7


200-547-7


6  × 10 -4 



6  × 10 -5 



7  × 10 -4 



7  × 10 -5 



 


 


 


 




(43)


Hexabromocyclododecane (HBCDD) (27)



Industrial substances


See footnote 24


See footnote 24


[4,6  × 10 -4 ]


[2  × 10 -5 ]


0,5 


0,05 


[3,5 ]


X


X


X




(44)


Heptachlor and heptachlor epoxide


Organochlorine pesticides


76-44-8 / 1024-57-3


200-962-3/ 213-831-0


[1,7  × 10 -7 ]


[1,7  × 10 -7 ]


3  × 10 -4 



3  × 10 -5 



[0,013 ]


X


X


X




(45)


Terbutryn


Herbicides


886-50-0


212-950-5


0,065 


0,0065 


0,34 


0,034 


 


 


 


 




(46)


17 alpha-ethinylestradiol (EE2)


Pharmaceuticals (Estrogenic hormones)


57-63-6


200-342-2


1,7  × 10 -5 



1,6  × 10 -6 



not derived


not derived


 


 


 


 




(47)


17 beta-estradiol (E2)


Pharmaceuticals (Estrogenic hormones)


50-28-2


200-023-8


0,00018 


9  × 10 -6 



not derived


not derived


 


 


 


 




(48)


Acetamiprid


Neonicotinoid pesticides


135410-20-7 / 160430-64-8


603-921-1


0,037 


0,0037 


0,16 


0,016 


 


 


 


 




(49)


Azithromycin


Pharmaceuticals (Macrolide antibiotics)


83905-01-5


617-500-5


0,019 


0,0019 


0,18 


0,018 


 


 


 


X




(50)


Bifenthrin


Pyrethroid pesticides


82657-04-3


617-373-6


9,5  × 10 -5 



9,5  × 10 -6 



0,011 


0,001 


 


 


 


X




(51)


Bisphenol-A (BPA)


Industrial substances


80-05-7


201-245-8


3,4  × 10 -5 



3,4  × 10 -5 



130 


51 


0,005 


X


 


 




(52)


Carbamazepine


Pharmaceuticals


298-46-4


206-062-7


2,5 


0,25 


1,6  × 10 3 



160 


 


 


 


 




(53)


Clarithromycin


Pharmaceuticals (Macrolide antibiotics)


81103-11-9


658-034-2


0,13 


0,013 


0,13 


0,013 


 


 


 


X




(54)


Clothianidin


Neonicotinoid pesticides


210880-92-5


433-460-1


0,01 


0,001 


0,34 


0,034 


 


 


 


 




(55)


Deltamethrin


Pyrethroid pesticides


52918-63-5


258-256-6


1,7  × 10 -6 



1,7  × 10 -7 



1,7  × 10 -5 



3,4  × 10 -6 



 


 


 


X




(56)


Diclofenac


Pharmaceuticals


15307-86-5 / 15307-79-6


239-348-5 / 239-346-4


0,04 


0,004 


250 


25 


 


 


 


X




(57)


Erythromycin


Pharmaceuticals (Macrolide antibiotics)


114-07-8


204-040-1


0,5 


0,05 


1 


0,1 


 


 


 


X




(58)


Esfenvalerate


Pyrethroid pesticides


66230-04-4


613-911-9


1,7  × 10 -5 



1,7  × 10 -6 



0,0085 


0,00085 


 


 


 


X




(59)


Estrone (E1)


Pharmaceuticals (Estrogenic hormones)


53-16-7


200-164-5


3,6  × 10 -4 



1,8  × 10 -5 



not derived


not derived


 


 


 


 




(60) [Am. 151]



Glyphosate


Herbicides


1071-83-6


213-997-4


0,1 
 (28)



86,7  (29)





8,67 

0,01 




398,6 


39,86 


 


 


 


 




(61)


Ibuprofen


Pharmaceuticals


15687-27-1


239-784-6


0,22 


0,022 


 


 


 


 


 


X




(62)


Imidacloprid


Neonicotinoid pesticides


138261-41-3 / 105827-78-9


428-040-8


0,0068 


6,8  × 10 -4 



0,057 


0,0057 


 


 


 


 




(63)


Nicosulfuron


Herbicides


111991-09-4


601-148-4


0,0087 


8,7  × 10 -4 



0,23 


0,023 


 


 


 


 




(64)


Permethrin


Pyrethroid pesticides


52645-53-1


258-067-9


2,7 × 10 -4 



2,7  × 10 -5 



0,0025 


2,5  × 10 -4 



 


 


 


X




(65)


Per- and poly-fluorinated alkyl substances (PFAS) – sum of 24 (30)



Industrial substances


not applicable


not applicable


Sum of PFOA equivalents 0,0044  (31)



Sum of PFOA equivalents 0,0044  (31)



not applicable


not applicable


Sum of PFOA equivalents 0,077  (31)



X


X


X




(66)


Silver


Metals


7440-22-4


231-131-3


0,01 


0,006  (10  % salinity) 0,17  (30  % salinity)


0,022 


not derived


 


 


 


 




(67)


Thiacloprid


Neonicotinoid pesticides


111988-49-9


601-147-9


0,01 


0,001 


0,05 


0,005 


 


 


 


 




(68)


Thiamethoxam


Neonicotinoid pesticides


153719-23-4


428-650-4


0,04 


0,004 


0,77 


0,077 


 


 


 


 




(69)


Triclosan


Biocides


3380-34-5


222-182-2


0,02 


0,002 


0,02 


0,002 


 


 


 


 




(70)


Total of active substances in pesticides, including their relevant metabolites, degradation and reaction products (32)



Plant protection products and biocides


 


 


0,5  (33)



0,5  (33)



 


 


 


 


 


 






70a [Am. 152]





Bisphenols






Industrial chemicals






not applicable






not applicable







 (*1)








 (*1)








 (*1)








 (*1)





 


 


 


 






70b [Am. 153]





PFAS - total






Industrial chemicals






not applicable






not applicable







 (*1)








 (*1)








 (*1)








 (*1)





 


 


 


 






70c [Am. 154]





Pharmaceutical active substances - total






Pharmaceuticals






not applicable






not applicable






0,25 






0,025 




 


 


 


 


 


 














(3)


Part B is amended as follows:






(a)


in point 1, the first paragraph is replaced by the following:

                                    ‘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.;’
                                 










(b)


in point 2, the first paragraph is replaced by the following:

                                    ‘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..’
                                 










(*1)  
            
The quality standards shall be set by the Commission by delegated act.



(1)  CAS: Chemical Abstracts Service.

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

(3)  This parameter is the EQS expressed as an annual average value (AA-EQS). Unless otherwise specified, it applies to the total concentration of all substances and isomers.

(4)  Inland surface waters encompass rivers and lakes and related artificial or heavily modified water bodies.

(5)  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.

(6)  If an EQS biota is given, it, rather than the water EQS, shall be applied, without prejudice to the provision in Article 3(3) of this Directive allowing an alternative biota taxon, or another matrix, to be monitored instead, as long as the EQS applied provides an equivalent level of protection. Unless otherwise indicated, the biota EQS relate to fish. For substances numbered 15 (Fluoranthene), 28 (PAHs), and 51 (Bisphenol-A) the biota EQS refers to crustaceans and molluscs. For the purpose of assessing chemical status, monitoring of Fluoranthene and PAHs, and Bisphenol-A in fish is not appropriate. For substance number 37 (Dioxins and dioxin-like compounds), the biota EQS relates to fish, crustaceans and molluscs, in line with Commission Regulation (EU) No 1259/2011* Annex Section 5.3.

(7)  For the group of priority substances covered by brominated diphenylethers (No 5), the EQS refer to the sum of the concentrations of congener numbers 28, 47, 99, 100, 153 and 154.

(8)  Tetra, Penta, Hexa, Hepta, Octa and Decabromodiphenylether (CAS numbers 40088-47-9, 32534-81-9, 36483-60-0, 68928-80-3, 32536-52-0, 1163-19-5, respectively).

(9)  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).

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

(11)  DDT total comprises the sum of the isomers 1,1,1 trichloro 2,2 bis (p chlorophenyl) ethane (CAS 50 29 3, EU 200 024 3); 1,1,1 trichloro 2 (o chlorophenyl) 2 (p chlorophenyl) ethane (CAS 789 02 6, EU 212 332 5); 1,1-dichloro 2,2 bis (p chlorophenyl) ethylene (CAS 72 55 9, EU 200 784 6); and 1,1 dichloro 2,2 bis (p chlorophenyl) ethane (CAS 72 54 8, EU 200 783 0).

(12)  These EQS refer to bioavailable concentrations of the substances.

(13)  The EQS for biota refers to methyl mercury.

(14)  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).

(15)  Octylphenol (CAS 1806-26-4, EU 217-302-5) including isomer 4-(1,1',3,3'-tetramethylbutyl)-phenol (CAS 140-66-9, EU 205-426-2).

(16)  Benzo(a)pyrene (CAS 50-32-8) (RPF 1), benzo(b)fluoranthene (CAS 205-99-2) (RPF 0,1), benzo(k)fluoranthene (CAS 207-08-9) (RPF 0,1), benzo(g,h,i)perylene (CAS 191-24-2) (RPF 0), indeno(1,2,3-cd)pyrene (CAS 193-39-5) (RPF 0,1), chrysene (CAS 218-01-9) (RPF 0,01), benzo(a)anthracene (CAS 56-55-3) (RPF 0,1), and dibenz(a,h)anthracene (CAS 53-70-3) (RPF 1). The PAHs anthracene, fluoranthene and naphthalene are listed separately.

(17)  For the group of polyaromatic hydrocarbons (PAHs) (No 28), the biota EQS refers to the sum of the concentrations of seven of the eight PAHs listed in footnote 17 expressed as.benzo(a)pyrene equivalents based on the carcinogenic potencies of the substances relative to that of benzo(a)pyrene, i.e. the RPFs in footnote 16. Benzo(g,h,i)perylene does not need to be measured in biota for the purposes of determining compliance with the overall EQS biota.

(18)  Tributyltin compounds including tributyltin-cation (CAS 36643-28-4).

(19)  Sediment EQS

(20)  There is insufficient information available to set a MAC-EQS for these substances.

(21)  This refers to the following compounds:

(22)  polychlorinated dibenzo-p-dioxins (PCDDs): 2,3,7,8-T4CDD (CAS 1746-01-6, EU 217-122-7), 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)

(23)  polychlorinated dibenzofurans (PCDFs): 2,3,7,8-T4CDF (CAS 51207-31-9), 1,2,3,7,8-P5CDF (CAS 57117-41-6), 2,3,4,7,8-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)

(24)  dioxin-like polychlorinated biphenyls (PCB-DLs): 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).

(25)  For the group of Dioxins and dioxin-like compounds (No 37), the biota EQS refers to the sum of the concentrations of the substances listed in footnote 20 expressed as toxic equivalents based on the World Health Organisation 2005 Toxic Equivalence Factors.

(26)  CAS 52315-07-8 refers to an isomer mixture of cypermethrin, alpha-cypermethrin (CAS 67375-30-8, EU 257-842-9), beta-cypermethrin (CAS 65731-84-2, EU 265-898-0), theta-cypermethrin (CAS 71691-59-1) and zeta-cypermethrin (CAS 52315-07-8, EU 257-842-9).

(27)  This refers to 1,3,5,7,9,11-Hexabromocyclododecane (CAS 25637-99-4, EU 247-148-4), 1,2,5,6,9,10- Hexabromocyclododecane (CAS 3194-55-6, EU 221-695-9), α-Hexabromocyclododecane (CAS 134237-50-6), β-Hexabromocyclododecane (CAS 134237-51-7) and γ- Hexabromocyclododecane (CAS 134237-52-8).

(28)  
            For freshwater used for the abstraction and preparation of drinking water.


(29)  
            For freshwater not used for the abstraction and preparation of drinking water.


(30)  This refers to the following compounds, listed with their CAS number, EU number and Relative Potency Factor (RPF):
Perfluorooctanoic acid (PFOA) (CAS 335-67-1, EU 206-397-9) (RPF 1), Perfluorooctane sulfonic acid (PFOS) (CAS 1763-23-1, EU 217-179-8) (RPF 2), Perfluorohexane sulfonic acid (PFHxS) (CAS 355-46-4, EU 206-587-1) (RPF 0,6), Perfluorononanoic acid (PFNA) (CAS 375-95-1, EU 206-801-3) (RPF 10), Perfluorobutane sulfonic acid (PFBS) (CAS 375-73-5, EU 206-793-1) (RPF 0,001), Perfluorohexanoic acid (PFHxA) (CAS 307-24-4, EU 206-196-6) (RPF 0,01), Perfluorobutanoic acid (PFBA) (CAS 375-22-4, EU 206-786-3) (RPF 0,05), Perfluoropentanoic acid (PFPeA) (CAS 2706-90-3, EU 220-300-7) (RPF 0,03), Perfluoropentane sulfonic acid (PFPeS) (CAS 2706-91-4, EU 220-301-2) (RPF 0,3005), Perfluorodecanoic acid (PFDA) (CAS 335-76-2, EU 206-400-3) (RPF 7), Perfluorododecanoic acid (PFDoDA or PFDoA) (CAS 307-55-1, EU 206-203-2) (RPF 3), Perfluoroundecanoic acid (PFUnDA or PFUnA) (CAS 2058-94-8, EU 218-165-4) (RPF 4), Perfluoroheptanoic acid (PFHpA) (CAS 375-85-9, EU 206-798-9) (RPF 0,505), Perfluorotridecanoic acid (PFTrDA) (CAS 72629-94-8, EU 276-745-2) (RPF 1,65), Perfluoroheptane sulfonic acid (PFHpS) (CAS 375-92-8, EU 206-800-8) (RPF 1,3), Perfluorodecane sulfonic acid (PFDS) (CAS 335-77-3, EU 206-401-9) (RPF 2), Perfluorotetradecanoic acid (PFTeDA) (CAS 376-06-7, EU 206-803-4) (RPF 0,3), Perfluorohexadecanoic acid (PFHxDA) (CAS 67905-19-5, EU 267-638-1) (RPF 0,02), Perfluorooctadecanoic acid (PFODA) (CAS 16517-11-6, EU 240-582-5) (RPF 0,02), and Ammonium perfluoro (2-methyl-3-oxahexanoate) (HFPO-DA or Gen X) (CAS 62037-80-3) (RPF 0,06), Propanoic Acid / Ammonium 2,2,3-trifluoro-3-(1,1,2,2,3,3-hexafluoro-3-(trifluoromethoxy)propoxy)propanoate (ADONA) (CAS 958445-44-8) (RPF 0,03), 2- (Perfluorohexyl)ethyl alcohol (6:2 FTOH) (CAS 647-42-7, EU 211-477-1) (RPF 0,02), 2-(Perfluorooctyl)ethanol (8:2 FTOH) (CAS 678-39-7, EU 211-648-0) (RPF 0,04) and Acetic acid / 2,2-difluoro-2-((2,2,4,5-tetrafluoro-5-(trifluoromethoxy)-1,3-dioxolan-4-yl)oxy)- (C6O4) (CAS 1190931-41-9) (RPF 0,06)

(31)  For the group of PFAS (No 65), the EQS refer to the sum of the concentrations of the 24 PFAS listed in footnote 27 expressed as PFOA-equivalents based on the potencies of the substances relative to that of PFOA, i.e. the RPFs in footnote 27.

(32)  
            “Pesticides” means plant protection products as referred to in Article 2 of Regulation (EC) No 1107/2009and biocidal products as defined in Article 3 of Regulation (EU) No 528/2012.

(33)  
            “Total” means the sum of all individual pesticides detected and quantified in the monitoring procedure, including their relevant metabolites, degradation and reaction products.;’
         





Annex VI



‘ANNEX II

ENVIRONMENTAL QUALITY STANDARDS FOR RIVER BASIN SPECIFIC POLLUTANTS

Part A: LIST OF CATEGORIES OF RIVER BASIN SPECIFIC POLLUTANTS








1.


Organohalogen compounds and substances which may form such compounds in the aquatic environment.












2.


Organophosphorous compounds.












3.


Organotin compounds.












4.


Substances and preparations, or the breakdown products of such, which have been proved to possess carcinogenic or mutagenic properties or properties which may affect steroidogenic, thyroid, reproduction or other endocrine-related functions in or via the aquatic environment.












5.


Persistent hydrocarbons and persistent and bioaccumulable organic toxic substances.












6.


Cyanides.












7.


Metals and their compounds.












8.


Arsenic and its compounds.












9.


Biocides and plant protection products.












10.


Materials in suspension, including micro/nanoplastics
, as well as materials known to give rise to micro/nanoplastics; [Am. 155]













11.


Substances which contribute to eutrophication (in particular, nitrates and phosphates).












12.


Substances which have an unfavourable influence on the oxygen balance and can be measured using parameters such as BOD, COD, etc.












13.


Microorganisms, genes or genetic material reflecting the presence of microorganisms resistant to antimicrobial agents, in particular microorganisms pathogenic to humans or livestock.




PART B: THE PROCEDURE FOR DERIVING ENVIRONMENTAL QUALITY STANDARDS FOR RIVER BASIN SPECIFIC POLLUTANTS
Methods used for the establishment of EQS for river basin specific pollutants shall include the following steps:






(a)


identification of the receptors and compartments or matrices at risk from the substance of concern;










(b)


collation and quality assessment of data on the properties of the substance of concern, including its (eco)toxicity, in particular from reports on laboratory, mesocosm and field studies which cover both chronic and acute effects in both fresh and saltwater environments;










(c)


extrapolation of (eco)toxicity data to no-effect or similar concentrations using deterministic or probabilistic methods, and selection and application of appropriate assessment factors to address uncertainties and derive EQS;










(d)


comparison of EQS for different receptors and compartments, and selection of critical EQS, i.e. the EQS that provides protection to the most sensitive receptor in the most relevant compartment or matrix.












(da)






when setting EQS for metals, bioavailability models shall be considered to account for various water quality parameters that affect bioavailability of metals. [Am. 156]





PART C: REPOSITORY OF HARMONISED ENVIRONMENTAL QUALITY STANDARDS FOR RIVER BASIN SPECIFIC POLLUTANTS














[Entry] N°


Name of substance


Category of substances


CAS number (1)



EU number (2)



AA-EQS (3)

Inland surface waters (4)

[μg/l]


AA-EQS (3)

Other surface waters
[μg/l]


MAC-EQS (5)

Inland surface waters (4)

[μg/l]


MAC-EQS (5)

Other surface waters
[μg/l]


EQS
Biota (6)

[μg/kg wet weight] or EQS Sediment where so indicated [μg /kg dry weight]




1


Alachlor (7)



Pesticides


15972-60-8


240-110-8


0,3 


0,3 


0,7 


0,7 


 




2


Carbon tetrachloride (7)



Industrial substances


56-23-5


200-262-8


12 


12 


not applicable


not applicable


 




3


Chlorfenvinphos (7)



Pesticide


470-90-6


207-432-0


0,1 


0,1 


0,3 


0,3 


 




4


Simazine (7)



Pesticide


122-34-9


204-535-2


1 


1 


4 


4 


 






            ’
         


(1)  CAS: Chemical Abstracts Service.

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

(3)  This parameter is the EQS expressed as an annual average value (AA-EQS). Unless otherwise specified, it applies to the total concentration of all substances and isomers.

(4)  Inland surface waters encompass rivers and lakes and related artificial or heavily modified water bodies.

(5)  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.

(6)  If a biota EQS is given, it, rather than the water EQS, shall be applied, without prejudice to the provision in Article 3(3) of this Directive allowing an alternative biota taxon, or another matrix, to be monitored instead, as long as the EQS applied provides an equivalent level of protection. Unless otherwise indicated, the biota EQS relate to fish.

(7)  Substance previously listed as a priority substance in Annex X to Directive 2000/60/EC or Annex I to Directive 2008/105/EC..



ELI: http://data.europa.eu/eli/C/2025/3784/oj
ISSN 1977-091X (electronic edition)