REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the delegation conferred on the Commission pursuant to Directive 2008/105/EC of the European Parliament and of the Council of 16 Decemer 2008 on environmental quality standards in the field of water policy
Date: 2025-09-22
Institutions: Directorate-General for Environment, European Commission
Subjects: European Commission, environmental standard, metals, powers of the institutions (EU), quality standard, surface water, transfer of competence, water pollution, water protection, water quality

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  EN 

   EUROPEAN COMMISSION  Brussels, 22.9.2025  COM(2025) 507 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the delegation conferred on the Commission pursuant to Directive 2008/105/EC of the European Parliament and of the Council of 16 Decemer 2008 on environmental quality standards in the field of water policy   
 
 
REPORT  FROM  THE  COMMISSION  TO  THE  EUROPEAN  PARLIAMENT  AND 
THE COUNCIL on the exercise of the delegation conferred on the Commission pursuant 
to 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  

1. INTRODUCTION  

Directive 2008/105/EC1 of the European Parliament and of the Council on environmental quality 
standards in the field of water policy, as amended by Directive 2013/39/EU2, sets environmental 
quality  standards  for  the  priority  substances  identified  under  the  Water  Framework  Directive3 
(2000/60/EC)  as  posing  a  significant  EU-wide  risk  to  or  via  aquatic  ecosystems.  Directive 
2008/105/EC is a “daughter” directive of the Water Framework Directive, which seeks to protect, 
restore and enhance the status of aquatic ecosystems. 

Directive 2008/105/EC (as amended) empowers the Commission to adopt delegated acts to adapt 
to scientific or technical developments the specifications in point 3 of Part B of Annex I to the 
Directive,  i.e.  specifications  relating  to  the  water  fraction4  to  which  the  environmental  quality 
standards in water apply, and to factors that may be considered when assessing compliance with 
the environmental quality standards for metals.  

2. LEGAL BASIS  

This  report  is  required  under  Article  9a(2)  of  Directive  2008/105/EC  as  amended  by  Directive 
2013/39/EU. Pursuant to this provision, the power to adopt delegated acts referred to in Article 3(8) 
is  conferred  on  the  Commission  for  a  period  of  six  years  from  13  September  2013  and  the 
Commission is required to prepare a report in respect of the delegation of power not later than nine 
months before the end of the six-year period. The delegation of power is automatically extended 
for periods of an identical duration, unless the European Parliament or the Council oppose such 
extension in accordance with Article 9a.  

3. EXERCISE OF THE DELEGATION  

On 17 December 2018, the Commission adopted a first report for the European Parliament and the 
Council5 explaining that the empowerment had not been used.  

The scientific and technical developments since then have not yet required any further adaptation 
of point 3 of Part B of Annex I, therefore the Commission has not exercised its delegated power 
during the current reporting period. However, it may be necessary to use the delegated power in 
future, in particular since the need to take account of relevant scientific or technical developments 
might not coincide with the timing of other possible future amendments to the Directive. 

4. CONCLUSION  

1 OJ L 348, 24.12.2008, p. 84–97 
2 OJ L 226, 24.8.2013, p. 1–17 
3 OJ L 327, 22.12.2000, p. 1–73 
4 i.e. whole water or dissolved fraction. 
5 COM(2018) 847 final 

 
 
 
 
  
 
 
The  Commission  has  not  exercised  the  delegated  power  conferred  on  it  under  Directive 
2008/105/EC but may need to do so in the future. It invites the European Parliament and the Council 
to take note of this report.